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

Showing archive for:  “Criminal & Civil Justice Reform”

Mr. Obama, go to "China"

The president revealed his last-ditch plan to reform our healthcare system today. (Funny the plan is revealed before the “bipartisan” meeting about health care being trumpeted for political reasons.) One thing I was hoping to see in the proposal is missing — an increase in the eligibility age for Medicare (and, while we are at ... Mr. Obama, go to "China"

Robert Rhee on Nationalization in a Time of Crisis

I have spent the better part of the year studying the consequences of government ownership in the private sector, see Treasury Inc.: How the Bailout Reshapes Corporate Theory and Practice.  I recently had the opportunity to read a new paper from Robert Rhee that examines the issue from a different point of view, Nationalization of ... Robert Rhee on Nationalization in a Time of Crisis

The Incorporation Transparency Act

This post is based on a legal backgrounder I recently published with the Washington Legal Foundation, which is available here.  This analysis is cross-posted from the Harvard Law School Forum on Corporate Governance and Financial Regulation. The Incorporation Transparency and Law Enforcement Assistance Act, introduced by Senators Levin, Grassley, and McCaskill and currently pending before the ... The Incorporation Transparency Act

Is Google or the government the problem?

Well, you probably know my answer to that one. I was interested to read Fred von Lohmann’s short take on the privacy aspects of the Google Books Settlement, available here. Fred and the EFF have, basically, two concerns.  The first is that [t]he products and services envisioned by the proposed settlement will give Google not ... Is Google or the government the problem?

American Booksellers Association Advances Bad Antitrust Argument, But Who Can Blame Them?

The WSJ Reports that the American Booksellers Association has knocked on Christine Varney’s door at the Antitrust Division to complain about the new low prices resulting from the price war between Amazon, Target and Wal-Mart.  The complaint? In a letter dated Oct. 22, the ABA said it believes that the discount pricing—which has led to ... American Booksellers Association Advances Bad Antitrust Argument, But Who Can Blame Them?

Antitrust to Protect "Small Dealers and Worthy Men"?

As I skimmed through the White House White Paper on innovation (HT: Patently-O), I noticed that a repeated theme in the document is that US innovation policy must “Promote Competitive Markets that Spur Productive Entrepreneurship” (e.g., p. 9).   There is no real substantive discussion of antitrust issues in the White Paper, except for the following ... Antitrust to Protect "Small Dealers and Worthy Men"?

Antitrust, Obsolescence and the "New Economy" (Again)

Gordon Crovitz (WSJ) plays the new economy card on antitrust.  Its a familiar wrap for those in the antitrust community that hit its peak in the original Microsoft days with virtually every competition policy scholar and commentator chiming in with an opinion about whether the internet and network effects and so forth rendered antitrust obsolete.  ... Antitrust, Obsolescence and the "New Economy" (Again)

Commissioner Rosch, Rhetoric, and the Relationship Between Economics and Antitrust

Economic theory is essential to antitrust law.  It is economic analysis that constrains antitrust law and harnesses it so that it is used to protect consumers rather than competitors.  And the relationship between economics and antitrust is responsible for the successful evolution of antitrust from its economically incoherent origins to its present state.  In my ... Commissioner Rosch, Rhetoric, and the Relationship Between Economics and Antitrust

Section 2 Report Quick Reactions

A few quick reactions to the repudiation of the Section 2 Report, and more importantly, what it means for the future of monopolization enforcement: First, the most disappointing thing about the withdraw of the Report and this announcement is that it is incredibly dismissive about the long hours of work put into this project by ... Section 2 Report Quick Reactions

Is the Chicago School Really Dead? How Do You Know?

Answer: not by a long shot.  Not in the Supreme Court.  Not in the empirical economics literature.  But perhaps according to at least one FTC Commissioner in the new FTC annual report: Commissioner J. Thomas Rosch believes the current financial crisis has undermined the Chicago school of economics that has so heavily influenced antitrust enforcement ... Is the Chicago School Really Dead? How Do You Know?

Manne on Carrier's Innovation in the 21st Century

Michael Carrier has written a timely and interesting book.  Like Dan, I’m still digesting it (which means, in translation: I have not yet read every word).  There is much to like about the book, in particular its accessible format and content.  I do fear that it is a bit overly ambitious, however, hoping both to ... Manne on Carrier's Innovation in the 21st Century

Verret on the Self-Defeating Bailout

My colleague JW Verret has an interesting take on the bank bailout at Forbes.com: This deal was intended to bolster public confidence in banks, while at the same time minimizing the cost of the bailout when Treasury sells its shares once markets pick up. The form of equity Treasury has taken, and plans to take ... Verret on the Self-Defeating Bailout