The Archives

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

Not Exactly How I’d Characterize It

Here’s how NPR’s All Things Considered described the State of the Union speech: You might think about the State of the Union address as an attempt to talk to our national family by the Head of Household.  It tells us where we’ve been, and where we’re going. I suppose “The King’s Speech” was taken.

Jonathan Macey for SEC Commissioner

In a must-read op-ed in today’s Wall Street Journal, Yale Law’s Jonathan Macey weighs in on Goldman Sachs’s decision to allow only foreign gazillionaires — no Americans, regardless of their wealth or sophistication — to invest in new shares of Facebook.  Numerous observers have portrayed Goldman’s move as a “victory for the SEC.”  The New York Times‘ ... Jonathan Macey for SEC Commissioner

Planet Money on Kittens, Keynes, and the Stock Market

Prompted by this post at Cafe Hayek, I recently participated in a web experiment sponsored by NPR’s Planet Money.  I was asked to watch three short animal videos and vote for the animal I found cutest. The videos were all pretty cute.  One featured a polar bear cub sliding along the ice with its mother.  Another featured a loris ... Planet Money on Kittens, Keynes, and the Stock Market

Securities Regulation Events at the AALS Annual Meeting

Tulane Law’s Elizabeth Nowicki, a former TOTM guest, asked me to post the following notice: The AALS Annual Meeting in San Francisco is fast approaching, and the AALS Section on Securities Regulation will be having two events on Saturday, January 8, 2011, in celebration of the Section’s 10th Anniversary.  Participation is invited, as described below: Luncheon:  ... Securities Regulation Events at the AALS Annual Meeting

Thom Lambert on Behavioral Law and Economics and the Conflicting Quirks Problem: A “Realist” Critique

Thom Lambert is Associate Professor of Law at the University of Missouri Behavioralism is mesmerizing.  Ever since I took Cass Sunstein’s outstanding Elements of the Law course as a 1L at the University of Chicago Law School, I’ve been fascinated by studies purporting to show how humans are systematically irrational. It is, of course, the “systematic” part that’s ... Thom Lambert on Behavioral Law and Economics and the Conflicting Quirks Problem: A “Realist” Critique

Investor-Protective Analysis or Illegal Insider Trading?

One problem with a group blog is that you don’t always know what your co-bloggers are writing while you’re drafting a post.  I drafted the following post without realizing that Larry (and Steve Bainbridge) had already gone to town on the matter — in more detail than I, not surprisingly.  In any event, I’m posting ... Investor-Protective Analysis or Illegal Insider Trading?

Business Law and the Austrian Theory of the Firm

My Missouri colleague, Peter Klein, of Organizations and Markets fame (and, like Larry, a proud non-voter), has been asked to contribute a book chapter on the Austrian theory of the firm and the law. Peter, who has written extensively on the Austrian theory of the firm and maintains an online bibliography on the subject, is ... Business Law and the Austrian Theory of the Firm

Must the President Defend Don’t Ask, Don’t Tell?

Usual caveats for a Lambert weekend post: Post is off-topic for this blog and represents my own opinion only. Well, he’s done it.  President Obama has ordered his Department of Justice to appeal the district court order abrogating Don’t Ask, Don’t Tell.  DOJ initiated the appeal on Thursday. Mr. Obama says that he has no choice but to do this.  While he is ... Must the President Defend Don’t Ask, Don’t Tell?

Does the Insider Trading Ban Apply to Congressional Staffers?

In a front-page article entitled Congress Staffers Gain from Trading in Stocks, the Wall Street Journal reports that “72 aides on both sides of the aisle traded shares of companies that their bosses help oversee.” That finding was based on an “analysis of more than 3,000 disclosure forms covering trading activity by Capitol Hill staffers ... Does the Insider Trading Ban Apply to Congressional Staffers?

McDonald’s, Mini-Meds, and Medical Loss Ratios: What’s to come, and what can Sebelius do about it?

Yesterday, the Wall Street Journal ran an article entitled McDonald’s May Drop Health Plan. The article reported that “McDonald’s Corp. has warned federal regulators that it could drop its health insurance plan for nearly 30,000 hourly restaurant workers unless regulators waive a new requirement of the U.S. health overhaul.” The insurance plan at issue is ... McDonald’s, Mini-Meds, and Medical Loss Ratios: What’s to come, and what can Sebelius do about it?

Obama Throws Gay People Under the Bus (Again).

Please do not miss this, folks. The President of the United States has now ordered his Department of Justice to fight a group of Republicans who secured a court ruling that the “Don’t Ask, Don’t Tell” policy is unconstitutional and are trying to have it enjoined. This from a man who promised during his campaign ... Obama Throws Gay People Under the Bus (Again).

Antitrust and Congress

Last Thursday and Friday, I attended a conference at Case Western Law School on the Roberts Court’s business law decisions. I presented a paper on the Court’s antitrust decisions. (The paper, described here, is now available on SSRN.) Adam Pritchard, Matt Bodie, and Brian Fitzpatrick presented papers considering the Court’s treatment of, respectively, securities law, ... Antitrust and Congress