My first post discussed one primary impediment to deregulating all the lawyers – which is the current system of legal regulation of lawyers. Even if one agrees that deregulating all the lawyers may be the ultimate goal, this still leaves the question of how best to achieve this result. Deregulating all the lawyers may not ... Bruce Kobayashi on Copyrighting Law and Deregulation
Innovation and entry by entrepreneurs is a powerful force for change. Joseph Schumpeter saw these forces as the primary engine for long-term growth, even as the process of creative destruction destroyed existing wealth, including monopoly rents associated with established regulatory regimes. The forces of creative destruction seemingly have their sights squarely on the legal profession, ... Bruce Kobayashi on Creative Destruction and the Market for Legal Services
Dimming the Court’s Brooke Group Bright Line Administrable Rule? As noted in my earlier post, the Supreme Court’s Brooke Group rule is held out as the primary example of an administrable bright line rule aimed at controlling the costs of type I error. In practice, the Brooke Group above cost rule is not as bright ... Section 2 Symposium: Bruce Kobayashi on Predatory Pricing and the Relevant Measure of Cost
Section 2 Symposium: Bruce Kobayashi on Are Administrable Bright Line Rules Underutilized in Section 2 Analyses?
One of the most important changes in the antitrust laws over the past 40 years has been the diminished reliance of rules of per se illegality in favor of a rule of reason analysis. With the Court’s recent rulings in Leegin (eliminating per se rule for minimum RPM) and Independent Ink (eliminating the per se ... Section 2 Symposium: Bruce Kobayashi on Are Administrable Bright Line Rules Underutilized in Section 2 Analyses?