Showing archive for: “Criminal & Civil Justice Reform”
Kmiec on the Death of the GOP
I must begin this post with a clarification: I am not a Republican. Nor am I a Democrat. I really have little interest in defending one party over the other. I agree with the GOP on some matters, with the Democrats on others, and with neither party on a host of matters. In general, I ... Kmiec on the Death of the GOP
Microsoft Again. Really? Why?
DG Comp is after Microsoft. Again. Here is the EU’s press release which states the obvious about the basis of the Statement of Objections : the Commission’s decision in the Windows Media Player decision renders illegal virtually any tie by a firm with a “dominant” share under EU law. Therefore, Microsoft’s inclusion of Internet Explorer ... Microsoft Again. Really? Why?
Should the Supreme Court Grant Cert in Rambus (Revisited, and Cross-Posted at Patently-O)
[Rutgers Professor Michael Carrier recently posted as a guest at Patently-O arguing in favor of the FTC’s position in Rambus and the Supreme Court granting certiorari. I thought Professor Crouch might be interested in sharing with his readers a different perspective on the merits of the FTC’s petition for cert in Rambus sketched out in ... Should the Supreme Court Grant Cert in Rambus (Revisited, and Cross-Posted at Patently-O)
Law and Economics 2.0
Readers of TOTM know that the future of law and economics is a frequent topic of discussion here, and a topic in which I am both personally invested and spend a good deal of time thinking about (see, e.g. my blog series on the future of law and economics here). Legal Pad (at CNN/Fortune Magazine) ... Law and Economics 2.0
Should the Supreme Court Grant Cert in Rambus?
As noted, the FTC has exercised its right under 15 USC 56(a)(3) to petition for a writ of certiorari to review the judgment of the D.C. Circuit in its FTC v. Rambus. The FTC press release is here. The petition is here. The questions presented, as framed by the Commission are: 1. Whether deceptive conduct ... Should the Supreme Court Grant Cert in Rambus?
FTC Seeks Cert in Rambus
The press release is here. The petition is here. The questions presented, as framed by the Commission are: 1. Whether deceptive conduct that significantly contributes to a defendant’s acquisition of monopoly power violates Section 2 of the Sherman Act. 2. Whether deceptive conduct that distorts the competitive process in a market, with the effect of ... FTC Seeks Cert in Rambus
Cartel Enforcement and the Election
From an excellent short article by Dan McInnis (Akin Gump) on the potential impact of the election on cartel policy in Global Competition Policy: Antitrust policy has played little role in the election. Indeed, at least for cartel policy, there may be little to differentiate the candidates. Given that both U.S. political parties as well ... Cartel Enforcement and the Election
Why Antitrust?
As the start of the new academic year inches closer, and students are deciding what courses to take, I thought I’d give a little plug to antitrust law. I’ve seen enrollment in antitrust courses vary dramatically over the past 10 years or so since I was a student and now as a professor. I certainly ... Why Antitrust?
Edwards, Antitrust, and the Return of Von's Grocery?
AAI continues its series of antitrust policy statements from presidential candidates with a submission from John Edwards. Again, I’m very pleased that the AAI was successful in getting this series of submissions together and inducing candidates to share their thoughts on antitrust policy. So what does Edwards have to say? Edwards’ statement has in common ... Edwards, Antitrust, and the Return of Von's Grocery?
Antitrust and Real Business Cycle Theory
Andrew Young and William Shughart II have posted an interesting paper (forthcoming in Public Choice) entitled “The Consequences of the U.S. DOJ’s Antitrust Activities: A Macroeconomic Perspective.” Here’s the abstract: Do the antitrust law enforcement activities of the US Department of Justice act as exogenous “technology shocksâ€, an essential element of real business cycle theory ... Antitrust and Real Business Cycle Theory
Forget About the Bar Exam, Take Antitrust …
Melissa Lafsky at the Freakonomics Blog reports on a study showing no relationship between law school courseload choices and bar passage rates (except in the third quartile of students apparently). So what to do? Yet another reason to take antitrust (and I guess other specialized electives if you insist …) rather than enrolling in bar ... Forget About the Bar Exam, Take Antitrust …
My Take on Credit Suisse . . .
is here, over at eCCP, and differs somewhat from Thom’s. The takeway excerpt is: Credit Suisse has important implications for antitrust practice. The decision’s effect is to narrow the scope of antitrust law and to invite efforts by regulated industries to narrow it still further. The court’s “clearly incompatible†standard is new and (though it ... My Take on Credit Suisse . . .
