Obama "Voted With the Socialist" 92% of the Time
The Mizzou campus is all atwitter today over a scheduled appearance this evening by the world’s biggest celebrity — my old constitutional law prof, Barack Obama. As I write this, I’m watching the Obama folks prepare for the rally, which is to take place on the quad my office overlooks. I must say, it’s a ... Obama "Voted With the Socialist" 92% of the Time
FTC’s Latest RPM Investigation: Sound and Fury Signifying Nothing?
Once again displaying its tenacious devotion to old Dr. Miles, the FTC is investigating whether makers of musical instruments and audio equipment have engaged in illegal resale price maintenance (RPM). Yesterday’s WSJ reported that the Commission has issued subpoenas to a number of prominent musical instrument manufacturers, including Fender, Yamaha, and Gibson, as well as ... FTC’s Latest RPM Investigation: Sound and Fury Signifying Nothing?
Fannie and Freddie as "Greater Fools"
Today’s New York Times features an op-ed by Michigan Law Professor Michael Barr and former Clinton advisor Gene Sperling that (somewhat predictably) blames our current financial mess on a lack of “common sense regulation” and exonerates the Community Reinvestment Act, Fannie Mae, and Freddie Mac. I propose a counter-narrative. It begins with a nutshell version ... Fannie and Freddie as "Greater Fools"
Posner’s Definition of a "Private Sector" Response
Many observers have been shocked by the level of government involvement in the U.S. economy in recent days. Among other things, the government has (1) bailed out an insurance company that got “too big to fail,” (2) decided to spend up to $700 billion buying the distressed assets of financial firms (and apparently directly investing ... Posner’s Definition of a "Private Sector" Response
May Treasury Buy Newly Issued Securities of Ailing Financial Firms?
Last week I posted about Lucian Bebchuk’s thoughtful bailout plan, which would have expanded Treasury’s powers to include the ability to make direct investments in ailing financial firms (as opposed to just buying their distressed assets). I was under the impression the bailout legislation didn’t provide Treasury with such authority. An article in today’s WSJ, ... May Treasury Buy Newly Issued Securities of Ailing Financial Firms?
Now that the Bailout Has Failed, How About Bebchuk’s Plan?
I’ve avoided saying anything at all about the bailout because (1) I’m not an expert on banking, finance, etc. and (2) events are moving so fast I can’t keep up with the latest proposal. Nonetheless, since the bailout bill has just failed, this might be an opportune time to consider an alternative to the plan ... Now that the Bailout Has Failed, How About Bebchuk’s Plan?
Dr. Miles is Dead. Now What?
As regular readers of this blog will know, I was pretty stoked when the Supreme Court finally overruled its infamous Dr. Miles decision. The Leegin Court’s holding that minimum resale price maintenance (RPM) is not per se illegal constituted a major step toward an economically rational and theoretically coherent approach to vertical restraints. (And on ... Dr. Miles is Dead. Now What?
Life After Dr. Miles
An article in today’s WSJ, Price-Fixing Makes Comeback After Supreme Court Ruling, reports that minimum resale price maintenance (i.e., the setting of minimum retail prices by product manufacturers) is increasing in light of last summer’s Leegin decision. That’s great news for me, because I’ve spent most of the summer cranking out an article on how ... Life After Dr. Miles
Lipton on Shareholder Primacy
It should be no surprise that the inventor of the poison pill is pro-director, but Marty Lipton’s remarks at a June 25 conference at the University of Minnesota Law School left no doubt that he truly believes in his heart of hearts that we’re better off with strong, unencumbered boards. According to the WSJ’s deals ... Lipton on Shareholder Primacy
Behavioralism and the Problem of Conflicting Quirks
I’ve been spending quite a bit of time with the behavioralists lately. I recently read Dan Ariely’s interesting book, Predictably Irrational: The Hidden Forces that Shape Our Decisions. Then I heard Tom Ulen give a nice overview presentation at the recent Silicon Flatirons conference on the New Institutional Economics. I’m currently reading Cass Sunstein and ... Behavioralism and the Problem of Conflicting Quirks
RPM and the NIE
I’ve just spent a couple of great days in spectacular Boulder, Colorado at a conference on the New Institutional Economics (NIE). (Not sure why the “the” is required, but it always seems to be used.) The conference, organized by Colorado Law’s Phil Weiser and hosted by the Silicon Flatirons Center for Law, Technology, and Entrepreneurship, ... RPM and the NIE
Interesting Panel on FTC Merger Litigation — June 5
Antitrusters in D.C. ought to head to the National Press Club at noon on Thursday, June 5. At that time, the Federalist Society’s Corporations, Securities, and Antitrust Practice Group will host a panel discussion entitled Assessing Recent FTC Merger Litigation: One Win, One Loss, One Tie. Here’s a description of the event: The Federal Trade ... Interesting Panel on FTC Merger Litigation — June 5
