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The collection of all scholarly commentary on law, economics, and more

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We finally have a PageRank!

Although I promptly alerted Google when we launched this blog about three months ago, our Google PageRank has always been 0 out of 10. Not anymore. We have suddenly emerged with a PageRank of 7 out of 10. PageRank is Google’s “measure of importance� of a page, and is determined as follows: PageRank relies on ... We finally have a PageRank!

In Defense of Short-Selling

In today’s W$J, Holman Jenkins stands up for short-sellers, and rightly so. Those folks have taken a bit of a beating lately. They’ve been sued by companies like Biovail and Overstock.com and trashed on talk shows like CBS’s 60 Minutes. [NOTE: I originally linked to the 60 Minutes segment, but I just realized that the ... In Defense of Short-Selling

Is the phrase "material omission" materially misleading?

Judges and commentators (myself included) routinely assert that an element of a claim under Sections 11, 12(a)(2) and 17(a) of the ’33 Act and Rule 10b-5 of the ’34 Act is a misstatement or omission of a material fact. However, the omission part of the element, with slight differences in phrasing, is actually an omission ... Is the phrase "material omission" materially misleading?

Tenure and the Law Deans

While we’re talking about the ABA . . . Brian Leiter asks whether the American Law Deans’ Association is opposed to tenure. The question is spurred by the ALDA’s comment (.doc) filed with the DOE on the ABA’s application for reaffirmation as a recognized accrediting body. Leiter cites to a blog post (which links to ... Tenure and the Law Deans

Come on Feel the Illinoise

Has everyone noticed that Illinois has been quietly amassing one of the most interesting law & economics/corporations faculties in the country? This year they hired Andrew Morriss, Christine Hurt, Amitai Aviram and Bob Lawless. They’ve already got: Lee Fennell Tom Ginbsburg David Hyman Richard McAdams Richard Painter Larry Ribstein Tom Ulen Cynthia Williams and probably ... Come on Feel the Illinoise

Antitrust, the ABA, and Analysis of Law School Cost Variables

Josh’s interesting post re the sunsetting of the ABA’s antitrust consent decree, as well as David Zaring’s, are worth some further thought. One problem with the consent decree is that it is widely misunderstood. All that antitrust law forbids the ABA to do is impose minimum salaries and other conditions of employment. But that is ... Antitrust, the ABA, and Analysis of Law School Cost Variables

Cox Says No to Sarbanes-Oxley 404 Exemption

From today’s Chicago Tribune (click here): Securities and Exchange Commission Chairman Christopher Cox said Monday that small companies won’t get an exemption from Sarbanes-Oxley rules requiring independent auditors to certify compliance with federal laws.

A Bizarre Insider Trading Case from Down Under

Today’s W$J reports on an odd lawsuit the Australian government is pursuing against Citigroup. According to the Australian Securities and Investments Commission, a smoke break conversation between Citigroup employees resulted in illegal insider trading. Citigroup, it seems, was representing bidder Toll Holdings, Inc. in a yet-to-be-announced hostile bid for Patrick Corp., Austrialia’s largest port cargo ... A Bizarre Insider Trading Case from Down Under

MSM, Blogs, and George Mason's "Other" Big News

It has been a fine month for George Mason University. The Final Four appearance has attracted a good deal of media attention and general buzz. This week, I received a record number of phone calls from friends about Mason (“No, I dont have any extra Final Four tickets.”). As great as this news is for ... MSM, Blogs, and George Mason's "Other" Big News

Retirement Benefits and the Lucent/Alcatel Deal

As a merger between Lucent and Alcatel inches closer to completion, Lucent’s retirees worry about what may happen to their benefits. Billed as a “merger of equals,� concerns about Lucent’s retirement accounts have been a speed bump. While Lucent has nearly a $2.7 billion surplus in its three of its pension plans, it faces a ... Retirement Benefits and the Lucent/Alcatel Deal

Google files to sell additional 5.3 million shares

Taking advantage of the securities offering reforms that have been in effect since December 1, 2005, yesterday Google filed an automatic shelf registration statement on Form S-3 for the sale of an additional 5.3 million shares of its Class A Common Stock (click here). As the name implies, the registration statement went effective automatically upon ... Google files to sell additional 5.3 million shares

DOJ Approves Whirlpool/Maytag Merger

The DOJ will not challenge Whirlpool’s (much-blogged-about) proposed acquisition of Maytag (HT: WSJ Law Blog). This Reuters blurb suggests that antitrust experts believe the decision “is a key test of the Justice Department’s new antitrust chief and could provide a glimpse of how tough he will be in reviewing mergers” (HT: Antitrust Review). I’m skeptical ... DOJ Approves Whirlpool/Maytag Merger