The Archives

Everything written by Joshua D. Wright on law, economics, and more

Most Downloaded Antitrust Professors of 2010

HT: Danny Sokol. Name (Institution) Number of New Downloads Herb Hovenkamp (University of Iowa) 7532 David Evans (University College, University of Chicago) 7133 Damien Geradin (Tilburg, University of Michigan) 6394 Josh Wright (George Mason) 4733 Randy Picker (University of Chicago) 3170 Marc Edelman (Barry University) 3005 Bob Lande (University of Baltimore) 2759 Michael McCann (Vermont ... Most Downloaded Antitrust Professors of 2010

The Limits of Behavioral Law and Economics, Australia Edition

At the excellent Core Economics blog, Andreas Ortman discusses an Australian policy debate involving the Review of the Governance, Efficiency, Structure and Operation of Australia’s Superannuation System (also known as the Cooper Review), and more specifically, retirement savings and the superannuation system.  The Cooper Review drafters contend that the behavioral economics literature strongly supports a ... The Limits of Behavioral Law and Economics, Australia Edition

Amicus Brief in Fifth Circuit Tobacco Master Settlement Case

Todd Zywicki and I recently filed (along with Keith Hylton, Fred McChesney, and TOTM’s own Thom Lambert) an amicus brief in support of certiorari in a Fifth Circuit Tobacco Master Settlement Case.  We argue that the state action exception to the antitrust laws, i.e. Parker immunity, should not be extended to cover a multistate government-created ... Amicus Brief in Fifth Circuit Tobacco Master Settlement Case

Fun With Google ngrams

Tyler Cowen shows the Google Ngram — which uses Google Books to count references for the given term — for the term “liberty.” Here’s one for “antitrust.”

Henderson Appointed to the Securities Regulatory Council

Congratulations to former TOTM blogger (and recent guest) and University of Chicago Law Professor Todd Henderson who has been appointed to serve a three-year term on the Financial Industry Regulatory Authority’s National Adjudicatory Council. Congratulations and best wishes to Todd.  The press release is available here.

A&P Files for Bankruptcy

Recent coverage of the A&P bankruptcy has alluded to its era of “dominance” in grocery retail, describing it as “the Wal-Mart of its day.”   See this earlier post on the unconvincing antitrust case against Wal-Mart.  However, what the A&P bankruptcy brings to mind for me is Justice Stewart’s famous dissent in Von’s Grocery.  The famous ... A&P Files for Bankruptcy

Please Stop Calling Resale Price Maintenance Price-Fixing, Part 2

The ABA Antitrust Section is better than this.  Earlier offenders here and here. (HT: Danny Sokol)

Dodd-Frank and Criminal Consumer Protection Liability

Tiffany Joslyn provides a useful summary of the criminal provisions of the Dodd-Frank Act at the Federalist Society National Federal Initiatives Project.  One of the things Joslyn points out is that the Act includes new criminal consumer protection liability: Section 1036 makes it a criminal offense for any covered person or service provider to offer ... Dodd-Frank and Criminal Consumer Protection Liability

George Mason’s Jonathan Mitchell Named Texas Solicitor General

Congratulations to my colleague (and office neighbor) Jonathan Mitchell, who has been appointed to serve as Solicitor General of Texas.  Here is an excerpt from the press release: Effective immediately, Jonathan Mitchell will serve as Solicitor General of Texas. As the State’s chief appellate lawyer, Mitchell will oversee both criminal and civil litigation before state ... George Mason’s Jonathan Mitchell Named Texas Solicitor General

Free to Choose Wrapup

Thanks to all of the participants for the excellent posts over the last two days.  There are a couple of excellent comment threads where the conversation continues, and I hope that over the next few days participants and readers will get a chance to comment on the posts.  Indeed, if any of the participants feel ... Free to Choose Wrapup

Ginsburg and Wright on Behavioral Law and Economics: the Never-Ending Quest for a Third Way

In the brave new world contemplated by the advocates of government policies informed by behavioral law and economics, many more aspects of each individual’s life will be regulated, or more stringently regulated, than at present.  Within the legal academy, the growth of the behavioral law and economics movement has been dramatic.  Surveying all legal publications ... Ginsburg and Wright on Behavioral Law and Economics: the Never-Ending Quest for a Third Way

Ginsburg and Wright on A Taxonomy of Behavioral Law and Economics Skepticism

The behavioral economics research agenda is an ambitious one for several reasons.  The first reason is that behavioral economics requires a theory “true” preferences aside from – and in opposition to — the “revealed” preferences of the decision maker.  A second reason is that while collecting and documenting individual biases in an ad hoc fashion ... Ginsburg and Wright on A Taxonomy of Behavioral Law and Economics Skepticism