The Archives

Everything written by Thomas A. Lambert on law, economics, and more

Wal-Mart: Alleviating Poverty Abroad, Lowering Prices at Home

Those of us who defend the right to outsource are frequently criticized for lacking compassion and for being concerned only with the bottom line. I’ll admit that profitability concerns generally motivate decisions to outsource (and most other business decisions), but I won’t concede that outsourcing imposes a net harm on the economically disadvantaged. If we’re ... Wal-Mart: Alleviating Poverty Abroad, Lowering Prices at Home

Conservatives and the Regulation of Higher Education

Classical liberals have long derided their conservative cousins for being fairweather friends of small government, but the criticism has been fairly limited. In general, conservatives have embraced limited government on matters of economic regulation and have endorsed governmental meddling only on matters involving so-called “values” issues like broadcast decency and homosexuality. Lately, though, conservatives seem ... Conservatives and the Regulation of Higher Education

More Evidence of an Antitrust Violation Brewing at Elite Schools

I called it last week. Today’s NYT reports that Princeton has accepted Harvard’s invitation to join it in eliminating early admissions. In addition, the presidents of eleven elite liberal arts colleges (including Swarthmore, Williams, Barnard, and Amherst) have met to discuss, among other things, collectively eliminating their early admission programs and reducing merit-based aid. Just ... More Evidence of an Antitrust Violation Brewing at Elite Schools

Who Has the Moral High Ground Here?

Life in the inner city can be hard. Jobs are scarce, prices are high, and transportation is difficult, making it hard to travel significant distances to work or shop. So when major retailers announce plans to enter the inner city, hire lots of employees, turn their neighborhoods into shopping destinations (thereby encouraging the creation of ... Who Has the Moral High Ground Here?

Another Antitrust Violation in the Making at the Ivies?

Harvard College is cutting its early admissions program. According to the New York Times, which is pleased with this move, Harvard’s purported reasons for cutting the program are as follows: It will make the system fairer because students from sophisticated backgrounds and affluent high schools are far more likely to apply for an early admission ... Another Antitrust Violation in the Making at the Ivies?

Help Wanted in Columbia, Missouri

I’m on a committee charged with locating qualified candidates for an endowed professorship at the University of Missouri-Columbia School of Law (my home institution). The position is not limited to any area of law, but candidates should have a proven track record of scholarly productivity. If you’re a star of the legal academy (or at ... Help Wanted in Columbia, Missouri

J&J’s Bundled Discounts Victory

As reported here, Johnson & Johnson scored a major victory last week in a case challenging some of its discounting practices. The jury concluded that J&J had not engaged in monopolization of the market for “trocars,” which are sharp cylindrical devices used in endoscopic surgery. Plaintiff Applied Medical Resources Corp., which sells trocars that compete ... J&J’s Bundled Discounts Victory

Defending (Positive) Law & Economics

Securities Mosaic is a fantastic resource for anyone working in the securities field. It provides comprehensive information in six key areas: disclosure, laws, rules, guidance, news, and compliance centers. In addition, the site features SM Blogwatch, which republishes posts from various securities-related blogs, including this one. Yesterday, I was formally welcomed to the SM Blogwatch ... Defending (Positive) Law & Economics

The Perils of Paternalism

According to Bar None, an op-ed by Jack Turner in today’s NYT, “history shows that, however commendable the reasoning, efforts to control how people drink — or eat, or smoke — tend to backfire.” I’ve made a similar argument in discussing smoking bans. Advocates of such bans (often citing the work of “norms scholars,” such ... The Perils of Paternalism

Saving Tigers (and Other Endangered Species)

Want to save endangered species? Turn them into private assets. So argues Barun Mitra in today’s NYT. In Sell the Tiger to Save It, Mitra observes that our thirty year-old conservation policy, which prohibits harm to individual tigers and the trading of tiger products, has failed to increase the tiger population. The problem, Mitra argues, ... Saving Tigers (and Other Endangered Species)

Hovenkamp on the Indirect Purchaser Rule

I’ve had the pleasure of spending the last few weeks curled up with Herbert Hovenkamp’s wonderful new book, The Antitrust Enterprise: Principle and Execution, which I’m reviewing for the Texas Law Review. Hovenkamp is a sharp thinker and a wonderfully clear writer, and the book is a fantastic read for scholars and students alike. As ... Hovenkamp on the Indirect Purchaser Rule

NYT on Chicago’s Proposed Trans-Fat Ban

Today’s NYT contains an article on Chicago’s proposed trans-fat ban, which I criticized a couple of weeks ago. Most revealing is the chief ban proponent’s response to the argument that the city council should not try to regulate people’s (non-externality-causing) bad habits: And if the City Council had agreed to simply steer clear of peoples’ ... NYT on Chicago’s Proposed Trans-Fat Ban