The Latest

The most recent scholarly commentary on law, economics, and more

Alito and Antitrust (Part II)

A few weeks back, Josh had a nice post (on Ideoblog) regarding Judge Alito’s antitrust record. He was pretty optimistic, dismissing Judge Alito’s antitrust critics and concluding that “what little Judge Alito has written on antitrust issues is properly described as fastidious analysis complemented by strict application of doctrine.” Some of Judge Alito’s comments in ... Alito and Antitrust (Part II)

Executive Pay Rules to Move Forward

SEC commissioners voted unanimously yesterday to move forward with the new pay disclosure rules. Broc over at the Corporate Counsel blog has a great post (click here) detailing the proposal, including links to Chairman Cox’s opening statement and Commissioner Atkin’s statement.

Stealth Anti-Churning Measure?

The W$J had an article last week about a new rule under the Investment Advisers Act of 1940 that goes into effect on January 31, 2006 (click here for the article [$], here for a post on the W$J blog concerning the article, and here for the SEC adopting release). This posts takes a different ... Stealth Anti-Churning Measure?

Drugs and federalism

I’m no expert on the topic (I anxiously await Randy Barnett’s comments), but does anyone else think the opinion in Gonzales v. Oregon issued today (limiting the application of the Controlled Substances Act and upholding Oregon’s assisted suicide law) could have been a masterful dissent in Gonzales v. Raich (reading the Controlled Substances Act to ... Drugs and federalism

Blogs, Law Reviews, and the Economics of Superstars

Does the world really need yet another business law blog? Is the market for business law commentary truly underserved? Can a new blog like ours serve any useful purpose in a blogosphere already blessed with Bainbridge, Becker-Posner, Conglomerate, Ideoblog, 10b-5 Daily, and many other outstanding sites? While “no� might well be the answer to all ... Blogs, Law Reviews, and the Economics of Superstars

"TM"ing the Blogosphere

It looks like people take issue with our use of TM after our name and tagline. See Gordon’s post at the Conglomerate and this comment from Josh’s post: Great blog, but do you really want to trademark this: “Academic commentary on law, business, economics and moreâ€?? It’s tacky. There are millions of bloggers out there, ... "TM"ing the Blogosphere

A First Day Thought on "Truth on the Market"

I didn’t pick the name of this weblog, but I really like it. It encapsulates, I believe, much of what the blogosphere is about. As Bill noted, the truth-on-the-market defense essentially prevents a finding of securities fraud based on a defendant’s misstatement or omission if the truth has effectively entered the market. The doctrine thus ... A First Day Thought on "Truth on the Market"

Will SCOTUS Tame the Exotic Beast?

It is a pretty exciting time in the antitrust world. This, of course, is bad news for firms. SCOTUS will decide three antitrust cases this term, each offering a promising opportunity to clarify murky doctrine or undo an erroneous application of relatively clear antitrust principles. Texaco v Dagher falls into the latter category. The bulk ... Will SCOTUS Tame the Exotic Beast?

Hello World!

Welcome to Truth on the Market. We have launched this blog to provide the metaphysical subjective truth on abstract, concrete and invisible markets throughout the civilized world (whatever that means). More specifically, as indicated by our current tagline (we know it’s unoriginal; we hope to come up with something better soon) our blog will provide ... Hello World!

Can the SEC Exempt Small Companies From Sarbanes-Oxley 404?

Last month the SEC Advisory Committee on Smaller Public Companies adopted the following three recommendations concerning oft-maligned Sarbanes-Oxley Section 404: 1. Exempt Microcap companies from S404, subject to certain conditions 2. Exempt Smaller Public Companies from the external audit requirement of S404, subject to certain conditions. 3. The subcommittee strongly endorses recommendation #2. However, if ... Can the SEC Exempt Small Companies From Sarbanes-Oxley 404?

We go live soon!

We’re not live yet, but we will be soon. Our planned launch date is January 17, 2006.

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Ben Sperry (Twitter: @rbensperry) Dirk Auer (Twitter: @auerdirk) Eric Fruits (Twitter: @ericfruits) Geoffrey Manne (Twitter: @geoffmanne) Ian Adams (Twitter: @IAtheTeapot) Julian Morris (Twitter: @julian_morris) Gus Hurwitz (Twitter: @gushurwitz) Joanna Shepherd Kristian Stout (Twitter: @kristianstout) Mike Sykuta (Twitter: @msykuta) Thom Lambert (Twitter: @profthomlambert)