Showing results for: “digital markets act”
Some implications of the proxy access decision
Bloggers have had much to say about the DC Circuit’s proxy access decision. Of special note is our own Jay Verret and Steve Bainbridge, who adds a useful roundup. I have a few additional comments. First, I want to pick up on Jay’s comment that the decision shows the SEC “is an agency with too many ... Some implications of the proxy access decision
The Efficiency of Metering Tie-Ins
Have you ever had to get on your hands and knees at Office Depot to find precisely the right printer cartridge? It’s maddening, no? Why can’t the printer manufacturers just settle on a single design configuration, the way lamp manufacturers use common light bulbs? You might think the printer manufacturer is trying to enhance its ... The Efficiency of Metering Tie-Ins
Maureen Ohlhausen to FTC
Congratulations to Maureen Ohlhausen on the announcement that President Obama intends to nominate her to replace William Kovacic on the Federal Trade Commission. This is an excellent appointment. The Washington Post observes: Ohlhausen comes from Wilkinson Barker Knauer law firm, where she is a partner in the firm’s privacy, data protection and cyber security practice. ... Maureen Ohlhausen to FTC
FairSearch’s Non-Sequitur Response
Our search neutrality paper has received some recent attention. While the initial response from Gordon Crovitz in the Wall Street Journal was favorable, critics are now voicing their responses. Although we appreciate FairSearch’s attempt to engage with our paper’s central claims, its response is really little more than an extended non-sequitur and fails to contribute ... FairSearch’s Non-Sequitur Response
The First Amendment and unauthorized practice of law
I recently discussed the policy issues regarding litigation against LegalZoom for unauthorized practice of law (as well as noting my potential interest in this litigation). A recent paper analyzes the legal issues: Catherine Lanctot, Does LegalZoom Have First Amendment Rights? Some Thoughts About Freedom of Speech and the Unauthorized Practice of Law. Here’s some of ... The First Amendment and unauthorized practice of law
New on SSRN: Kobayashi and Ribstein on private lawmaking
The paper, with Kobayashi, is Law As A Byproduct: Theories Of Private Law Production. Here’s the abstract: Public lawmakers lack incentives to engage in a socially optimal amount of legal innovation. Private lawmaking is a potential solution to this problem. However, private lawmaking faces a dilemma: In order to be effective privately produced laws need ... New on SSRN: Kobayashi and Ribstein on private lawmaking
LLCs vs. corporations: explaining state variations in formations
The literature on the state “market” for LLC law is growing. Bruce Kobayashi and I published what I would modestly call the leading study (K & R) on jurisdictional competition for LLCs. There is also an unpublished study to which our article is in part a response by Dammann & Schündeln (D & S). Now there’s ... LLCs vs. corporations: explaining state variations in formations
The NYT misses the point about law schools
Today’s NYT is among the last news outlets in the universe to discover the story of legal education being overpriced for today’s job market. The article tells the tale of how NYLS’s outgoing Dean Richard Matasar, after years of lecturing about the need to reform legal education to better address its market, succumbs to legal ... The NYT misses the point about law schools
Bainbridge’s e-book experiment
Steve Bainbridge is offering his new book, Directors as Auctioneers: A Concise Guide to Revlon-Land, as a Kindle eBook. Here’s his discussion of the book and of his decision to go the e-book route. I’ve bought it already and presumably will have it when I turn my Kindle on. Steve’s reasoning is plausible: he gets ... Bainbridge’s e-book experiment
Hot off the press: Fencing Fiduciary Duties
My article, Fencing Fiduciary Duties, has just appeared in a B.U. Law Review symposium. Here’s the abstract: This comment on the work of Professor Tamar Frankel builds on her encyclopedic discussion of the various types of duties that have been classified as “fiduciary.” I argue for a more precise definition and more limited application of ... Hot off the press: Fencing Fiduciary Duties
It’s baaack: The Shareholder Protection Act
The Shareholder Protection Act been reintroduced in Congress, and Lucian Bebchuk still likes it. He and Robert Jackson wrote an article defending the basic idea, which Bebchuk describes as to “establish special corporate-governance rules for deciding when corporate resources may be spent on politics.” He admits “the bill is unlikely to be adopted during this ... It’s baaack: The Shareholder Protection Act
Searching for Antitrust Remedies, Part II
In the last post, I discussed possible characterizations of Google’s conduct for purposes of antitrust analysis. A firm grasp of the economic implications of the different conceptualizations of Google’s conduct is a necessary – but not sufficient – precondition for appreciating the inconsistencies underlying the proposed remedies for Google’s alleged competitive harms. In this post, ... Searching for Antitrust Remedies, Part II
