The Archives

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

Showing results for:  “e-books”

Law professors, amicus briefs and blogging

Richard Fallon thinks that when law professors try to influence public debate, as when they sign amicus briefs, they should know what they’re talking about.  Here’s the abstract: With ever mounting frequency, law professors flood the courts with “scholars’ briefs,” in which they advise judges and Supreme Court Justices on how to resolve disputed issues ... Law professors, amicus briefs and blogging

Hovenkamp’s Cases and Materials on Innovation and Competition Policy

Herb Hovenkamp has posted his new casebook on Innovation and Competition Policy to SSRN, where one can download the chapters individually.  This is a very nice development for students; and the book seems perfectly fit for a course on Innovation and Competition Policy — for which it was designed — but also appropriate for a ... Hovenkamp’s Cases and Materials on Innovation and Competition Policy

Where have all the IPOs gone?

Ritter, Gao and Zhu ask, Where have all the IPOs Gone?  Well, not to young men everywhere, but to the older men and women who run the big companies that have replaced public markets as the key venture capital exit. Here’s the abstract: During 1980-2000, an average of 311 companies per year went public in ... Where have all the IPOs gone?

Herman Cain, AGCO, and the Oil-for-Food Bribery Settlement

I don’t share this to offer an opinion on the underlying action, but I thought it would be an item of interest to our readers.  Much has been written on this blog about challenges in the SEC’s FCPA enforcement process. I am surprised the news media hasn’t touched Herman Cain’s relationship with AGCO Corp. during ... Herman Cain, AGCO, and the Oil-for-Food Bribery Settlement

ACS Blog Debate on Google: Putting Consumer Welfare First in Antitrust Analysis of Google

[I am participating in an online “debate” at the American Constitution Society with Professor Ben Edelman.  The debate consists of an opening statement and concluding responses to be posted later in the week.  Professor Edelman’s opening statement is here.  I am cross-posting my opening statement here at TOTM.  This is my closing statement] Professor Edelman’s ... ACS Blog Debate on Google: Putting Consumer Welfare First in Antitrust Analysis of Google

George Leef on If We Want Creative Destruction, Destroy Unauthorized Practice Prohibitions

I may have missed it, but a topic that I don’t think has come up in the discussion thus far is unauthorized practice of law prohibitions. If we want to allow the free market’s discovery process to work – finding new modes of delivering services that serve consumers better than the old ones – we ... George Leef on If We Want Creative Destruction, Destroy Unauthorized Practice Prohibitions

Hans Bader on Abolish Law School Requirement, Keep the Bar Exam?

Lawyer licensing should not be completely abolished, but it should be made radically easier and cheaper by abolishing the requirement that lawyers attend law school to sit for the bar exam, and by only requiring passage of the bar exam for those who handle court cases.  Legal redress should also be made easier by allowing ... Hans Bader on Abolish Law School Requirement, Keep the Bar Exam?

The man who invented the hostile takeover

Henry Manne first theorized the market for corporate control, but the man who first put the concept into action was Louis E. Wolfson.  I blogged briefly about Wolfson when he died in 2008.  Now you can read more about him in Alan M. Weinberger, What’s in a Name?– The Tale of Louis Wolfson’s Affirmed, 39 Hofstra ... The man who invented the hostile takeover

Morgenson’s DPA scandal

It’s not easy coming up with scandals all the time.  Some days there just isn’t a new scandal to report.  But that space has to get filled somehow.  The NYT’s Gretchen Morgenson often finds herself in this position.  Her scandal for yesterday, reported as usual with Louise Story (I’ll just start calling them Morgenstory), was about ... Morgenson’s DPA scandal

Lawyers vs. software

Roger Parloff asks, “can software practice law?” He discusses class litigation over whether the web service LegalZoom.com is illegally practicing law in Missouri by helping users prepare legal documents by posing questions and then providing a customized document based on the user’s answers.  The class plaintiffs don’t claim any injury other than the price they ... Lawyers vs. software

Against expanding the ALI

Eric Gerding, commenting on a post by his co-blogger Gordon Smith, wonders if the ALI should veer from its core task of restating the common law into such regulatory subjects as corporate criminal liability, copyright, financial regulation, cyberlaw and international consumer protection. Erik suggests that the ALI “assemble a pool of experts on given regulatory ... Against expanding the ALI

Barnett v. Barnett on Antitrust

Tom Barnett (Covington & Burling) represents Expedia in, among other things, its efforts to persuade a US antitrust agency to bring a case against Google involving the alleged use of its search engine results to harm competition.  In that role, in a recent piece in Bloomberg, Barnett wrote the following things: “The U.S. Justice Department ... Barnett v. Barnett on Antitrust