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

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Halliburton and the Paradox of an Efficient Stock Market

I share Alden’s disappointment that the Supreme Court did not overrule Basic v. Levinson in Monday’s Halliburton decision.  I’m also surprised by the Court’s ruling.  As I explained in this lengthy post, I expected the Court to alter Basic to require Rule 10b-5 plaintiffs to prove that the complained of misrepresentation occasioned a price effect.  ... Halliburton and the Paradox of an Efficient Stock Market

SUPREMES PRESERVE FRAUD ON THE MARKET (AND BAIL OUT CLASS ACTION PLAINTIFFS) โ€“ TIME FOR CONGRESS TO KILL IT

On June 23 the Supreme Court regrettably declined the chance to stem the abuses of private fraud-based class action securities litigation.  In Halliburton v. EPJ Fund (June 23, 2014), a six-Justice Supreme Court majority (Chief Justice Roberts writing for the Court, joined by Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan) reversed the Fifth Circuit and held ... SUPREMES PRESERVE FRAUD ON THE MARKET (AND BAIL OUT CLASS ACTION PLAINTIFFS) โ€“ TIME FOR CONGRESS TO KILL IT

More bad economics from the Times

In today’s (Sunday, June 22, 2014) New York Times Steven Rattner Has a column  that at first appears to get the economics right, but blows it at the end.  Most of the column is an explanation of why increased automation will not cause unemployment.  He describes past fears of automation leading to unemployment, going back ... More bad economics from the Times

Alden Abbott Has Joined the Twitter Universe

Feel free to follow me, Alden Abbott, @AldenAbbott1

Replacing the economic absurdity of New Jersey’s Tesla direct sales ban with a callous reward for rent-seeking

Earlier this week the New Jersey Assembly unanimously passed a bill to allow direct sales of Tesla cars in New Jersey. (H/T Marina Lao). The bill Allows a manufacturer (“franchisor,” as defined in P.L.1985, c.361 (C.56:10-26 et seq.)) to directly buy from or sell to consumers a zero emission vehicle (ZEV) at a maximum of ... Replacing the economic absurdity of New Jersey’s Tesla direct sales ban with a callous reward for rent-seeking

For Better Health Care Systems, States Should Take a Dose of Competition and Reject Antitrust Exemptions

Government impediments to the efficient provision of health care services in the United States are legion.  While much recent attention has focused on the federal Patient Protection and Affordable Care Act, which by design reduces consumer choice and competition, harmful state law restrictions have long been spotlighted by the U.S. Federal Trade Commission (FTC) and ... For Better Health Care Systems, States Should Take a Dose of Competition and Reject Antitrust Exemptions

Restaurant Reservations

Today’s New York Times has an interesting article on restaurant reservations (Julia Moskin, “Getting a Good Table by Flicking an App, Not Greasing a Palm,” Saturday, June 14, p. A1, As the title suggests, there are now various apps and online services that obtain hot restaurant reservations and then sell them to willing buyers. This ... Restaurant Reservations

Antitrust Trial Concerning Athletesโ€™ IP Rights Poses New Major Challenge to NCAA Cartel Arrangements

The National Collegiate Athletic Association’s (NCAA’s) longstanding cartel-like arrangements once again are facing serious legal scrutiny.  On June 9 a federal antitrust trial opened in Oakland featuring college athletes’ attempt to enjoin the NCAA from exploiting the athletes’ names, images, and likenesses (“rights of publicity”) for profit.  Rights of publicity are a well-recognized form of ... Antitrust Trial Concerning Athletesโ€™ IP Rights Poses New Major Challenge to NCAA Cartel Arrangements

David Brat

I do not know David Brat and had never heard of him before he won the primary.  I have looked at his Vita.  However, I am bothered by seeing him called a free market economist and a Randian.  Apparently one of the major issues distinguishing him from Mr. Cantor is Mr. Brat’s opposition to immigrants ... David Brat

Meese and Oman Spank the Corporate Law Prof Amici in Hobby Lobby

The Religious Freedom Restoration Act (RFRA) subjects government-imposed burdens on religious exercise to strict scrutiny.  In particular, the Act provides that “[g]overnment shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability” unless the government can establish that doing so is the least restrictive means of furthering ... Meese and Oman Spank the Corporate Law Prof Amici in Hobby Lobby

FTC closes Men’s Warehouse/Jos A Bank merger investigation

Credit where it’s due — the FTC has closed its investigation of the Men’s Warehouse/Jos. A. Bank merger. I previously wrote about the investigation here, where I said: I would indeed be shocked if a legitimate economic analysis suggested that Jos. A. Banks and Men’s Warehouse occupied all or most of any relevant market. For the most ... FTC closes Men’s Warehouse/Jos A Bank merger investigation

Need for Chinese Antitrust Reform (and IP and Price-Related Concerns) Spotlighted at ABA Beijing Conference

The American Bar Association’s (ABA) “Antitrust in Asia:  China” Conference, held in Beijing May 21-23 (with Chinese Government and academic support), cast a spotlight on the growing economic importance of China’s six-year old Anti-Monopoly Law (AML).  The Conference brought together 250 antitrust practitioners and government officials to discuss AML enforcement policy.  These included the leaders ... Need for Chinese Antitrust Reform (and IP and Price-Related Concerns) Spotlighted at ABA Beijing Conference