Showing archive for: “Criminal & Civil Justice Reform”
Revisiting the Theory and Evidence on State CPAs and FTC Act Section 5 Follow-ons
One of the most fundamental issues in the ongoing debate concerning the costs and benefits of expanded FTC Section 5 enforcement is the extent to which one must be concerned with its collateral consequences. A central claim of proponents of a broad interpretation of Section 5 coupled with its aggressive enforcement is that concerns with ... Revisiting the Theory and Evidence on State CPAs and FTC Act Section 5 Follow-ons
E Pluribus Duo and payday loans
Payday loans are supposedly a problem. I’m not sure why. Neither was George McGovern. But twelve states prohibit them. Now, if payday loans were like corporate stock, the issuers could avoid one state’s corporate rules by incorporating in a different state. You can’t do that with payday loans. But, according to the WSJ you can incorporate ... E Pluribus Duo and payday loans
Arthur Rosett
Professor Bainbridge passes along the sad news that UCLA Law’s Arthur Rosett has passed. Professor Rosett my my contracts professor at UCLA in my first year of law school. The LA Times Obituary hits the highlights of Professor Rosett’s legal career: Arthur was a distinguished legal scholar and esteemed member of the faculty at the ... Arthur Rosett
Government by youth gangs
Aristides N. Hatzis (University of Athens) has a fairly new blog, and it has an interesting post by Russell S. Sobel on Sobel’s and Brian Osaba’s article Youth Gangs as Pseudo-Governments. Here’s the abstract: We hypothesize the failure of government to protect the rights of individuals from violence committed by youths has led to the ... Government by youth gangs
TOTM Welcomes Eric Helland
TOTM is very pleased to announce the addition of yet another permanent blogger to our roster. Eric Helland is an economist at Claremont-McKenna College and publishes extensively in law and economics. Among other accomplishments, Eric has served as a Senior Staff Economist on the President’s Council of Economic Advisers. Eric’s publication record is extensive, and ... TOTM Welcomes Eric Helland
Terrorism Finance Meets Business Associations
Now that TOTM blog traffic is hitting all-time highs, I thought it would be a good time to share a link to my most recently published paper, Terrorism Finance, Business Associations, and the “Incorporation Transparency Act.” It is highly critical of Senator Levin’s “Incorporation Transparency and Law Enforcement Assistance Act,” over which Senator Levin, Senator Lieberman, ... Terrorism Finance Meets Business Associations
Why Take Antitrust? (Fall 2010 Edition)
In what has become an annual affair, around this time of the year, I like to make the case for law students to take antitrust. Each year, the post is edited and tweaked a little bit. So, without further ado, here is this year’s edition of “Why Take Antitrust?” As the start of the new ... Why Take Antitrust? (Fall 2010 Edition)
Obama, Antitrust, and the Great Recession
On the campaign trail, Barack Obama made an issue of the ostensibly lax state of antitrust enforcement during the Bush administration. Christine Varney’s first public act as head of the Antitrust Division was to withdraw the Bush Antitrust Division’s unilateral monopolization report and announce that trustbusting against dominant firms was back on the agenda. Expectations ... Obama, Antitrust, and the Great Recession
Fin Reg and Too Big to Fail: A New Kind of Antitrust?
Simon Johnson argues that the conventional antitrust tools of Sherman Act are outdated and ill-equipped to deal with the power of big banks: Why are these antitrust tools not used against today’s megabanks, which have become so powerful that they can sway legislation and regulation massively in their favor, while also receiving generous taxpayer-financed bailouts ... Fin Reg and Too Big to Fail: A New Kind of Antitrust?
Nudging Antitrust (Part 2): Do Critiques of Behavioral Antitrust Have Any Bite?
Part 1 of this short blog series on “Nudging Antitrust,” focused on defining Commissioner Rosch’s recently articulated vision of behavioral economics as it relates to antitrust and competition policy and its differences with more “conventional” economic approaches that are bound by the rationality assumption. By the way, one should note that these more conventional approaches ... Nudging Antitrust (Part 2): Do Critiques of Behavioral Antitrust Have Any Bite?
Section 5, Collateral Consequences, and Counting Unicorns
Judge Frank Easterbrook once opined that observing predatory pricing was a bit like seeing a unicorn — in the sense that it was a phenomena around which there was much lore but not much empirical evidence. The debate over the current expansion of Section 5 liability increasingly has become about the search for a different ... Section 5, Collateral Consequences, and Counting Unicorns
An Honest Question for Obamacare Supporters
A number of opponents of Obamacare, such as Wall Street Journal columnist William McGurn, have criticized the President and his people for referring to pending proposals as “health insurance reform” rather than “health care reform.” I suppose these critics think the President is engaging in a sleight of hand in an effort to minimize the ... An Honest Question for Obamacare Supporters
