Showing results for: “digital markets act”
Legislative History of the National Securities Markets Improvement Act of 1996
We’ve been discussing the proxy access case, see here, here, and here, where the DC Circuit overturned an SEC rule for failure to meet its requirement under the National Securities Markets Improvement Act of 1996 to consider the effect of the rule on efficiency, competition, and capital formation in addition to its historical mandate to consider ... Legislative History of the National Securities Markets Improvement Act of 1996
Hazlett & Wright on The Law and Economics of Network Neutrality
Thomas Hazlett and I have posted The Law and Economics of Network Neutrality: The Federal Communications Commission’s Network Neutrality Order regulates how broadband networks explain their services to customers, mandates that subscribers be permitted to deploy whatever computers, mobile devices, or applications they like for use with the network access service they purchase, imposes a ... Hazlett & Wright on The Law and Economics of Network Neutrality
Natural Disasters and Payday Lending
There has been plenty of Hurricane Irene blogging, and some posts linking natural disasters to various aspects of law and policy (see, e.g. my colleague Ilya Somin discussing property rights and falling trees). Often, post-natural disaster economic discussion at TOTM turns to the perverse consequences of price gouging laws. This time around, the damage from ... Natural Disasters and Payday Lending
Undermining Community for Specious Public Health Benefits
We classical liberals are often criticized for undermining communitarian values by emphasizing individual liberties. In reality, though, a liberal society (in the classical sense, not the welfare-state sense) fosters community by allowing people to associate in ways they find most meaningful. Indeed, one of the great things about a liberal, live-and-let-live city is that it ... Undermining Community for Specious Public Health Benefits
Waiting for the Steve Jobs of law
Holman Jenkins today joins the many tributes to Steve Jobs: From the beginning, he saw the human possibility in the extraordinarily complex hardware and software engineering of digital devices. The Macintosh should work in a way that’s intuitive, that doesn’t require an owner’s manual. And today you only need to survey the blogosphere or friends ... Waiting for the Steve Jobs of law
Epstein, Kieff & Spulber Eviscerate the FTC’s Proposal on Regulating SSOs
In a thorough and convincing paper, “The FTC’s Proposal for Regulating IP through SSOs Would Replace Private Coordination with Government Hold-Up,” Richard Epstein, Scott Kieff and Dan Spulber assess and then decimate the FTC’s proposal on patent notice and remedies, “The Evolving IP Marketplace: Aligning Patent Notice and Remedies with Competition.” Note Epstein, Kieff and ... Epstein, Kieff & Spulber Eviscerate the FTC’s Proposal on Regulating SSOs
Can insider trading combat accounting fraud?
Last year I suggested that regulators would better fight corporate fraud by letting those in the know trade on the information than through the complex whistleblowing rules like those in Dodd-Frank. Robert Wagner has similar thoughts. The article is Gordon Gekko to the Rescue?: Insider Trading as a Tool to Combat Accounting Fraud. Here’s the ... Can insider trading combat accounting fraud?
The effect of Van Gorkom and 102(b)(7)
Yaniv Grinstein and and Stefano Rossi have an interesting paper, Good Monitoring, Bad Monitoring, on the effect of corporate law, and specifically of the famous Delaware case Smith v. Van Gorkom and the Delaware legislature’s subsequent “fix” of that result. Here’s the abstract: We estimate the value of monitoring in publicly traded corporations by exploiting ... The effect of Van Gorkom and 102(b)(7)
UCLA’s Milken gift
The NYT discusses a controversy at UCLA (mainly, it seems, involving objections by Lynn Stout) to the $10 million gift it just announced from Lowell Milken, Michael’s brother. Lowell was accused many years ago in connection with his brother’s securities violations and escaped prosecution because of his brother’s plea deal. Steve Bainbridge comments in response ... UCLA’s Milken gift
The mirage of law firm profits
The WSJ reports that “[m]ore than half of the country’s top 50 law firms may have overstated a key measure of profitability” — profits per partner – – that AmLaw uses to rank law firms. This is according to an analysis by Citi Private Bank Law Firm Group, the leading lender to law firms. Citi ... The mirage of law firm profits
Eighth Circuit Affirms District Court Against FTC in Lundbeck
Here’s the decision; here is my prior post concerning the district court decision. I suspect the FTC was fairly confident it would succeed in persuading the panel to reverse. The appeal turns on whether the district court was clearly erroneous in ruling that the FTC had failed to properly define a relevant market, and in ... Eighth Circuit Affirms District Court Against FTC in Lundbeck
The job-creation potential of start-ups
A friend who is very active in startups and angel investing in southern California emailed me about whether I knew of research on the potential multiplier effects of a company on job formation. Examples that came to her mind were eBay and Mary Kay, which create many small businesses. I thought of Google as an ... The job-creation potential of start-ups
