The Archives

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

I’ve Been Had.

My jaw just about hit the floor when I read this press release from the American Antitrust Institute. In my defense, I skipped the “editor’s note” and the “embargoed until” information. Of course, I should have known something was up because the page linking to the report said “the contents are disturbing.” I can’t imagine ... I’ve Been Had.

One More on Leegin (and then I’ll shut up…promise!)

I was on Spring Break last week and was too tied up to do much blogging on Leegin, which I’ve been following pretty closely. Fortunately, Josh and Keith were on the ball with some great insights. I did eventually manage to do a little tea-leaf reading for the eSapience Center for Competition Policy (eCCP). eCCP ... One More on Leegin (and then I’ll shut up…promise!)

Opinio Juris Symposium

The always excellent Opinio Juris, whose contributors include my Missouri colleague Peggy McGuinness and my former co-clerk Julian Ku, is hosting an online symposium on “Challenges to Public International Law.” The symposium features five papers and five responses, all of which address the following topic: As long as people have been writing about public international ... Opinio Juris Symposium

Cass on Leegin

Ronald Cass, dean emeritus of Boston University Law School, argues in today’s WSJ that the Supreme Court should overrule Dr. Miles: The decision was a mistake that has plagued antitrust law and American business ever since. Manufacturers have no interest in suppressing price competition to help increase profits for retailers. A manufacturer with a meaningful ... Cass on Leegin

The Nacchio Trial Begins

The insider trading trial of former Qwest CEO Joseph Naccio began yesterday. I’ve posted a couple of times (here and here) on Nacchio’s innovative defense, which the WSJ labeled a “black box” defense. (Basically, Nacchio is arguing that his sales of Qwest stock could not have been based on material non-public information that Qwest was ... The Nacchio Trial Begins

Midwest Farmers 1, Environment 0, Poor People -1

Friday’s WSJ documented an effect of ethanol mandates: Rising costs for agricultural commodities are making their way up the food chain into the food you eat. Thanks to rising demand for corn-based ethanol, corn prices have nearly doubled during the past year. That’s raised costs for corn products, like the ubiquitous high-fructose corn syrup that’s ... Midwest Farmers 1, Environment 0, Poor People -1

Insider Trading: Sin or Crime? (or None of the Above?)

R. Foster Winans knows insider trading. A former author of the Wall Street Journal‘s Heard on the Street column, Winans was a key figure in an insider trading case that went all the way to the U.S. Supreme Court. In that case, Carpenter v. United States, the Court affirmed securities fraud and mail/wire fraud convictions ... Insider Trading: Sin or Crime? (or None of the Above?)

Majoras Responds to Conyers Regarding Leegin

There’s just so much paper going back and forth on Leegin that it’s hard to keep up. In addition to various briefs and commentaries and Commissioner Harbour’s de facto brief (also discussed here), there has been some interesting correspondence between Rep. Conyers, Chair of the House Committee on the Judiciary, and Deborah Platt Majoras, Chair ... Majoras Responds to Conyers Regarding Leegin

More Stuff on Leegin

Antitrust Review has been covering the Leegin briefs. Good stuff here and here. Manfred Gabriel weighs in on my recent post and Josh’s comments here. In addition, The Antitrust Source has a number of interesting pieces on Dr. Miles and Leegin, including a nice overview piece by Antitrust Reviewer, David Fischer.

A Response to Commissioner Harbour’s "Open Letter" on Leegin

Federal Trade Commissioner Pamela Jones Harbour has sent the U.S. Supreme Court justices an “open letter” regarding the pending Leegin case. [HT: Danny Sokol.] Leegin, as regular TOTM readers know, will test the continued vitality of Dr. Miles, the 1911 decision making it per se illegal for manufacturers and retailers to agree on minimum retail ... A Response to Commissioner Harbour’s "Open Letter" on Leegin

Please No "Passenger’s Bill of Rights"

Soledad O’Brien said a (sort of) bad word on American Morning this morning. I was watching when she said it. I didn’t notice the word, but it’s plain as day in the transcript below (omissions noted by ellipses):

"Yale on $0 a Day" Sparks a Wonder Moment

We’re so immersed in the benefits of a market economy that I fear we sometimes fail to notice what a marvel capitalism is. Today’s Wall Street Journal points to yet another of capitalism’s benefits. A growing number of very, very fancy colleges with very, very talented professors and very, very expensive tuition are offering their ... "Yale on $0 a Day" Sparks a Wonder Moment