The Archives

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

We Are Not Just Going to Stand Here, We Are Going to Do Something!

That seems to be the message of presidential candidate/ Senator Barak Obama’s response to the American Antitrust Institute’s questions on antitrust (HT: Antitrust Review). First off, kudos to Obama for stating his position on antitrust in a public forum. I hope the rest of the candidates will do the same. Do go read the whole ... We Are Not Just Going to Stand Here, We Are Going to Do Something!

Advice to Chemerinsky Series

Over at TaxProf Blog is an interesting series on “advice to Dean Chemerinsky” from various folks throughout the legal academy.  Here are my three favorites: Gordon Smith (Ditch co-curricular offerings, law reviews, moot court, clinics, and writing programs and use the money to improve classroom education) Bill Henderson (UC’s brand name and location will get you ... Advice to Chemerinsky Series

Antitrust and Real Business Cycle Theory

Andrew Young and William Shughart II have posted an interesting paper (forthcoming in Public Choice) entitled “The Consequences of the U.S. DOJ’s Antitrust Activities: A Macroeconomic Perspective.”  Here’s the abstract: Do the antitrust law enforcement activities of the US Department of Justice act as exogenous “technology shocksâ€, an essential element of real business cycle theory ... Antitrust and Real Business Cycle Theory

Forget About the Bar Exam, Take Antitrust …

Melissa Lafsky at the Freakonomics Blog reports on a study showing no relationship between law school courseload choices and bar passage rates (except in the third quartile of students apparently).  So what to do?  Yet another reason to take antitrust (and I guess other specialized electives if you insist …) rather than enrolling in bar ... Forget About the Bar Exam, Take Antitrust …

Behavioral Law and Economics of Contracts

After receiving the page proofs last week, I’m posting “Behavioral Law and Economics, Paternalism, and Consumer Contracts: An Empirical Perspective” to SSRN. I wrote this paper for last year’s NYU Journal of Law & Liberty Symposium on Behavioral Economics’ Challenge to the Classical Liberal Program. The basic idea of the paper is an evaluation of ... Behavioral Law and Economics of Contracts

Professor Bainbridge is Back

ProfessorBainbridge.com is up and running as a “hub” for Prof. B’s three blogs on politics, law and economics, and wine and food.  The new site looks pretty sharp too!  Go check it out.

Here We Go Again? The Transatlantic Fireworks over Microsoft Begin …

EU Competition Commissioner Neelie Kroes responds to the USDOJ Antitrust AG’s criticism of the recent Microsoft decision: “It is totally unacceptable that a representative of the U.S. administration criticized an independent court of law outside its jurisdiction … The European Commission does not pass judgment on rulings by U.S. courts, and we expect the same ... Here We Go Again? The Transatlantic Fireworks over Microsoft Begin …

Reactions to the Microsoft Decision

The reaction to the CFI’s Microsoft decision (press release here) thus far has been largely negative.  Here’s a sample: Luke Froeb: “Disappointingly, the Court failed to articulate a principle that would tell firms when they are competing on the merits and when they are going to violate the increasingly murky European antitrust rules about dominant ... Reactions to the Microsoft Decision

Welcome TOTM's Newest Addition: Paul Gift

TOTM is pleased to announce another addition to our permanent roster.  Paul Gift, Asssistant Professor of Economics at the Graziadio Business School at Pepperdine University.  Paul has a Ph.D. in economics from UCLA and spent several years in the litigation consulting business with LECG before moving into academia full-time at Pepperdine in 2006.  Paul specializes ... Welcome TOTM's Newest Addition: Paul Gift

Is It Monday Yet?

Danny Sokol pre-blogs Monday’s expected EU Microsoft decision.  His punchline: this decision has the potential to cause substantial Trans-Atlantic discord and magnify the divergence between EU and US approaches to unilateral firm conduct, with important implications for the role of the ICN in facilitating convergence and harmonization across jurisdictions.  I’m sure there will be a ... Is It Monday Yet?

Why Wasn't Belichick Suspended?

An assistant coach takes a substance banned by the NFL to treat diabetes. He is fined one third of his salary and suspended for 5 games. An NFL head coach violates an NFL rule concerning videotaping the opposition during a game from the sideline for fear that such conduct might impact the outcome of the ... Why Wasn't Belichick Suspended?

The Roberts Court's Antitrust Philosophy: Chicago School, Harvard School, or Neither?

Danny Sokol points to Professor Einer Elhauge’s (Harvard) forthcoming paper in Competition Policy International where he argues that recent Supreme Court antitrust jurisprudence reflects a choice in favor of the Harvard School rather than the Chicago School of antitrust analysis. I recommend Professor Elhauge’s analysis to our readers for at least two reasons. The first ... The Roberts Court's Antitrust Philosophy: Chicago School, Harvard School, or Neither?