The Archives

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

Showing archive for:  “Empirical Legal Studies”

Abandoning Antitrust’s Chicago Obsession: The Case for Evidence-Based Antitrust

I’ve posted to SSRN an article written for the Antitrust Law Journal symposium on the Neo-Chicago School of Antitrust.  The article is entitled “Abandoning Chicago’s Antitrust Obsession: The Case for Evidence-Based Antitrust,” and focuses upon what I believe to be a central obstacle to the continued evolution of sensible antitrust rules in the courts and ... Abandoning Antitrust’s Chicago Obsession: The Case for Evidence-Based Antitrust

CEO Vacations and Stock Prices

An interesting looking empirical piece from David Yermack (NYU), Tailspotting: How Disclosure, Stock Prices and Volatility Change When CEOs Fly to Their Vacation Homes.  I haven’t read it closely yet.  Here’s the abstract: This paper shows close connections between CEOs’ vacation schedules and corporate news disclosures. Identify vacations by merging corporate jet flight histories with ... CEO Vacations and Stock Prices

Eric Talley on Deregulating Lawyers: Comments From a Knee-jerk Skeptic

I have spent the last few days reading the recent study by Clifford Winston, Robert W. Crandall, and Vikram Maheshri, entitled “First Thing We Do: Let’s Deregulate All the Lawyers” (Brookings Institution, 2011, $19.95).  In it, the authors marshal a variety of empirical methods to argue that the current practice of state bar admission and ... Eric Talley on Deregulating Lawyers: Comments From a Knee-jerk Skeptic

Sprigman and Buccafusco on Valuing Intellectual Property

We would like to start by thanking Josh for inviting us to participate in what promises to be a fascinating discussion on an important subject.  We’re looking forward to engaging with the other members of the symposium. To begin with, we would like to talk about some of our own experimental research on the valuation ... Sprigman and Buccafusco on Valuing Intellectual Property

The Law and Economics of Privatizing Alcohol Sales

Economist and occasional TOTM guest blogger Steve Salop (Georgetown) recently sent me the following questions spurred by the local debate over Governor McConnell’s proposal to private the retailing of alcoholic beverages: I have my first antitrust class of the semester tomorrow.  Among the issues I teach the first week are (1) the fact that demand ... The Law and Economics of Privatizing Alcohol Sales

Who Are You Calling A Price Theorist Anyway?: Commissioner Rosch Takes on the HMGs Economist “Architects”

Commissioner Rosch has offered an interesting separate statement on the new HMGs.  While favoring the new guidelines generally, Commissioner Rosch offers several criticisms.  I concur with a few of these criticisms, for example, Commissioner Rosch also argues for a more empirical approach to merger analysis.  I agree with that general proposition despite, as we shall ... Who Are You Calling A Price Theorist Anyway?: Commissioner Rosch Takes on the HMGs Economist “Architects”

Some Perspective on the Intel Settlement

Let me add on a few brief observations on the Intel settlement to Dan’s earlier comments, with which I largely agree.  There is a lot to say about the settlement: the predatory design aspects, Section 5, the (I found) quite odd self-congratulatory settlement press conference and webcast, and of course, what the settlement means for ... Some Perspective on the Intel Settlement

More on Elizabeth Warren on Theory and Interpreting Data

With all the talk about the CFPB, Elizabeth Warren has been in the news lately.  The blogs too.  Most of the discussion has been about whether or not Timothy Geithner is a friend or foe to the Democrats’ preferred option of getting Warren nominated as the first chief of the CFPB.  Today, Megan McArdle started ... More on Elizabeth Warren on Theory and Interpreting Data

The first thing we do, let's kill the quants!

Professor Bainbridge has a provocative post up taking on empirical legal scholarship generally.  The While the Professor throws a little bit of a nod toward quantitative work, suggesting it might at least provide some “relevant gist for the analytical mill,” he concludes that “it’s always going to be suspect — and incomplete — in my ... The first thing we do, let's kill the quants!

Disclosure of ethics waivers under SOX: Recent scholarship from Rodrigues and Stegemoller

Usha Rodrigues and Mike Stegemoller have penned an interesting article, “Placebo Ethics,” assessing the effect of one of SOX’s disclosure provisions: The required immediate disclosure of waivers from a company’s code of ethics, found in Section 406 of the law.  The article is concrete, informative, empirical and well-written. The article’s abstract summarizes the heart of ... Disclosure of ethics waivers under SOX: Recent scholarship from Rodrigues and Stegemoller

Daubert and Antitrust Economics, Or When Should An Antitrust Economist Have Training in Economics?

Judge Saris’s district court opinion denying the motion to exclude one of the plaintiff’s economic experts in  Natchitoches Parish Hospital v. Tyco International recently came across my desk.  It is an interesting case involving allegations that Covidien, a leading supplier of “sharps containers” used for the disposal of various needle-involving medical products (syringes, IVs, etc.) ... Daubert and Antitrust Economics, Or When Should An Antitrust Economist Have Training in Economics?

Jones v. Harris and Some Ramblings on Burdens of Proof, Empirical Evidence, and Behavioral Law and Economics

Much has been made about the importance of Jones v. Harris as a battle in the ongoing war between behavioral economics  and rational choice/neoclassical framework (see, e.g. the NYT).   If the case if to be about the appropriate economic methodology or model for assessing legal questions, it is definitely an interesting turn to have Judge ... Jones v. Harris and Some Ramblings on Burdens of Proof, Empirical Evidence, and Behavioral Law and Economics