The Archives

Everything written by Todd Henderson on law, economics, and more

Henry Manne on Henderson on "Art and Politics"

Comes now a comment from the incomparable Henry Manne on my earlier post about whether I should buy “Sandinista!” by the Clash (See, Art and Politics post): “It is truly déjà vu all over again, and the doubling up is appropriate because the issue I have reference to took place mainly at the University of ... Henry Manne on Henderson on "Art and Politics"

Drawing lines

One of the first things law students learn is that law is mostly about drawing lines between acceptable and unacceptable conduct. Some lines are easy to draw: murder is out; giving money to charitable causes is in. But even in these cases, there are definitional and moral puzzles at the boundaries. When is taking a ... Drawing lines

Art and Politics

When I first met my father in law, he spent hours trying to convince me of the cultural superiority of his tastes. Some of these were indeed triumphs. I’m thinking here of “Dr. Strangelove,” “The 400 Blows,” and the music of Richard Wagner. (Others were not. I’m thinking here of “Children of Paradise,” a movie ... Art and Politics

"Diminishing the price of law"

The lesson from Jones, see my post below, is that law untamed can be very costly, and with little benefit. This is, of course, not a new idea. In a critical essay of “Southey’s Colloquies on Society,” Lord Thomas Macaulay wrote eloquently about the cost of law and government: “Our rulers will best promote the ... "Diminishing the price of law"

Who decides how much to pay?

What is the proper role for judges in deciding how much investment advisers to mutual funds should be compensated? This is the question the Supreme Court will answer in Jones v. Harris Associates, argued last month. At first, the question seems silly: courts don’t get a say in how much I get paid or how ... Who decides how much to pay?