The Archives

The collection of all scholarly commentary on law, economics, and more

Showing archive for:  “Criminal & Civil Justice Reform”

Why the ITC is actually a good place to adjudicate standard-essential patents

Over at Law360 I have a piece on patent enforcement at the ITC (gated), focusing on the ITC’s two Apple-Samsung cases: one in which the the ITC issued a final determination in which it found Apple to have infringed one of Samsung’s 3G-related SEPs, and the other (awaiting a final determination from the Commission) in which ... Why the ITC is actually a good place to adjudicate standard-essential patents

Eric Goldman on the role and importance of Section 230 immunity

For those who follow these things (and for those who don’t but should!), Eric Goldman just posted an excellent short essay on Section 230 immunity and account terminations. Here’s the abstract: An online provider’s termination of a user’s online account can be a major-and potentially even life-changing-event for the user. Account termination exiles the user ... Eric Goldman on the role and importance of Section 230 immunity

Announcing The Journal of Antitrust Enforcement

An interesting new joint venture between Oxford University Press, Ariel Ezrachi, and Bill Kovacic (GW).  Sounds like a fantastic idea and with top notch management and might be of interest to many of our readers. The Journal of Antitrust Enforcement  Call for Papers – The Journal of Antitrust Enforcement (OUP) Oxford University Press is delighted ... Announcing The Journal of Antitrust Enforcement

Further Empirical Evidence on Forum Shopping in Philadelphia Civil Courts

Late last year, with support from the International Center for Law and Economics, I published a paper that empirically analyzed the Philadelphia civil court system. That study focused upon the Philadelphia Complex Litigation Center (PCLC) which handles large mass tort programs including asbestos cases, hormone therapy replacement cases, various prescription drug-related injuries, and other mass ... Further Empirical Evidence on Forum Shopping in Philadelphia Civil Courts

Flash Mob Attacks

Glenn Reynolds links to a Christian Science Monitor story on flash mobs made up of black teenagers.  Cities mentioned are Philadelphia, Milwaukee, Chicago and Atlanta.  Criminologists are quoted giving their usual explanations, including high unemployment.  Black teenage unemployment is now about 40%.  Don’t forget that the minimum wage was increased in July 2009 to $7.25 ... Flash Mob Attacks

Of Small Dealers and Worthy Men, South Korea Antitrust Edition

The South Korea Fair Trade Commission has begun an investigation of the Hyundai Motor Group surrounding allegations that Hyundai has, as the WSJ reports, “forced its auto parts suppliers to lower product prices.”   The story comes on the heels of a related fine of 1.6 trillion won ($1.48 billion).    What really jumps out in the ... Of Small Dealers and Worthy Men, South Korea Antitrust Edition

FTC Microeconomics Conference

The Fourth Annual FTC Microeconomics Conference is scheduled for November 3 and 4, 2011.   Here is the call for papers: The Federal Trade Commission’s Bureau of Economics will host a two day conference to bring together scholars working in areas related to the FTC’s antitrust, consumer protection and public policy missions. Those areas include industrial ... FTC Microeconomics Conference

Medical Devices

The GAO has recently issued a report on medical devices.  The thrust of the report is that “high-risk” medical devices do not receive enough scrutiny from the FDA and that recalls are not handled well.  This report and other evidence indicates that the FDA is likely to require more testing of devices.  As of now, ... Medical Devices

New York Malpractice Reform

The state of New York is considering a cap on noneconomic damages (“pain and suffering”) for malpractice in order to save money.  The New York Times story asks “… who benefits from caps — doctors or insurers — and whether the measures inflict unintended negative consequences upon victims of medical errors, including plaintiffs’ inability to ... New York Malpractice Reform

Congressmen as securities traders

With all of the attention being given to insider trading by hedge funds and malfeasance by corporate executives, it’s worth reminding ourselves that the politicians who seek to impose discipline are themselves no angels. An important study published seven years ago revealed that U.S. senators were reaping returns from stock trading that strongly suggested they ... Congressmen as securities traders

Paul Rubin joins TOTM

You may have noticed the newest member of the TOTM Team.  We’re very proud to welcome Paul Rubin, Samuel Candler Dobbs Professor of Economics at Emory University and one of the leading figures in law and economics.   Paul has written seminal articles on, among other subjects, the forces shaping the common law, franchising, and ... Paul Rubin joins TOTM

The constitutional privacy rights of business entities

The Supreme Court, in a unanimous opinion by Justice Roberts, held in FCC v. ATT, Inc.: We reject the argument that because “person” is defined for purposes of FOIA to include a corporation, the phrase “personal privacy” in Exemption 7(C) reaches corporations as well. The protection in FOIA against disclosure of law enforcement information on ... The constitutional privacy rights of business entities