Showing archive for: “Common Law”
Setting Up a Fair System for Determining Police Misconduct: Towards A Law & Economics Analysis of Qualified Immunity
Yet another sad story was caught on camera this week showing a group of police officers killing an unarmed African-American man named George Floyd. While the officers were fired from the police department, there is still much uncertainty about what will happen next to hold those officers accountable as a legal matter. A well-functioning legal ... Setting Up a Fair System for Determining Police Misconduct: Towards A Law & Economics Analysis of Qualified Immunity
The Pandemic Exception that Proves the Market Rule
[TOTM: The following is part of a blog series by TOTM guests and authors on the law, economics, and policy of the ongoing COVID-19 pandemic. The entire series of posts is available here. This post is authored by Tim Brennan, (Professor, Economics & Public Policy, University of Maryland; former FCC; former FTC).] Thinking about how to think about ... The Pandemic Exception that Proves the Market Rule
The FTC Still Has a Long Way to Go on its “Common Law” of Data Security
Since the LabMD decision, in which the Eleventh Circuit Court of Appeals told the FTC that its orders were unconstitutionally vague, the FTC has been put on notice that it needs to reconsider how it develops and substantiates its claims in data security enforcement actions brought under Section 5. Thus, on January 6, the FTC ... The FTC Still Has a Long Way to Go on its “Common Law” of Data Security
The Politicization of Antitrust Blog Symposium
The operative text of the Sherman Antitrust Act of 1890 is a scant 100 words: Section 1: Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract ... The Politicization of Antitrust Blog Symposium
Big Tech and Antitrust
[This post is the third in an ongoing symposium on “Should We Break Up Big Tech?” that will feature analysis and opinion from various perspectives.] [This post is authored by John E. Lopatka, Robert Noll Distinguished Professor of Law, School of Law, The Pennsylvania State University] Big Tech firms stand accused of many evils, and ... Big Tech and Antitrust
For LabMD, the Devil Is in the Not-So-Well Specified Details
The Eleventh Circuit’s LabMD opinion came out last week and has been something of a rorschach test for those of us who study consumer protection law. Neil Chilson found the result to be a disturbing sign of slippage in Congress’s command that the FTC refrain from basing enforcement on “public policy.” Berin Szóka, on the ... For LabMD, the Devil Is in the Not-So-Well Specified Details
Just in Time for Christmas: How to Regulate
My new book, How to Regulate: A Guide for Policymakers, is now available on Amazon. Inform Santa! The book, published by Cambridge University Press, attempts to fill what I think is a huge hole in legal education: It focuses on the substance of regulation and sets forth principles for designing regulatory approaches that will maximize social ... Just in Time for Christmas: How to Regulate
A Well-Reasoned Antitrust Division Boost for the Legitimate Exploitation of Patent Rights
On November 10, at the University of Southern California Law School, Assistant Attorney General for Antitrust Makan Delrahim delivered an extremely important policy address on the antitrust treatment of standard setting organizations (SSOs). Delrahim’s remarks outlined a dramatic shift in the Antitrust Division’s approach to controversies concerning the licensing of standard essential patents (SEPs, patents ... A Well-Reasoned Antitrust Division Boost for the Legitimate Exploitation of Patent Rights
Thom Lambert on Fred McChesney
I didn’t know Fred as well as most of the others who have provided such fine tributes here. As they have attested, he was a first-rate scholar, an inspiring teaching, and a devoted friend. From my own experience with him, I can add that he was deliberate about investing in the next generation of market-oriented ... Thom Lambert on Fred McChesney
The FTC should address how (and whether) it assesses causation as it looks to define “informational injury”
The FTC will hold an “Informational Injury Workshop” in December “to examine consumer injury in the context of privacy and data security.” Defining the scope of cognizable harm that may result from the unauthorized use or third-party hacking of consumer information is, to be sure, a crucial inquiry, particularly as ever-more information is stored digitally. ... The FTC should address how (and whether) it assesses causation as it looks to define “informational injury”
The Present State and Future Prospects of the International Competition Network (ICN)
Introduction The International Competition Network (ICN), a “virtual” organization comprised of most of the world’s competition (antitrust) agencies and expert non-governmental advisors (NGAs), held its Sixteenth Annual Conference in Porto, Portugal from May 10-12. (I attended this Conference as an NGA.) Now that the ICN has turned “sweet sixteen,” a stocktaking is appropriate. The ICN ... The Present State and Future Prospects of the International Competition Network (ICN)
How to Regulate: An Overview
So I’ve just finished writing a book (hence my long hiatus from Truth on the Market). Now that the draft is out of my hands and with the publisher (Cambridge University Press), I figured it’s a good time to rejoin my colleagues here at TOTM. To get back into the swing of things, I’m planning ... How to Regulate: An Overview
