The Archives

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

Showing archive for:  “Innovation & Entrepreneurship”

The market realities that undermine the antitrust case against Google

As the Google antitrust discussion heats up on its way toward some culmination at the FTC, I thought it would be helpful to address some of the major issues raised in the case by taking a look at what’s going on in the market(s) in which Google operates. To this end, I have penned a ... The market realities that undermine the antitrust case against Google

Richard Epstein Podcast: “Patent Rights: A Spark or Hindrance for the Economy?”

About a week ago, I was lucky to moderate the digital equivalent of a “fireside chat” with Richard Epstein about the patent system.  The topic was “Patent Rights: A Spark or Hindrance for the Economy?,” and Richard offered his usual brilliant analysis of the systemic viritues of securing patents as property rights.  you can listen ... Richard Epstein Podcast: “Patent Rights: A Spark or Hindrance for the Economy?”

Teleforum Today with Richard Epstein: “Patent Rights: A Spark or Hindrance for the Economy?”

I’m moderating the digital equivalent of a “fireside chat” with Richard Epstein at 3pm this afternoon.  The great thing about teleforums is that, unlike podcasts, listeners can ask questions of the speaker.  So, call in and let’s have fun!   Here’s the information: Patent Rights: A Spark or Hindrance for the Economy? Federalist Society Intellectual Property ... Teleforum Today with Richard Epstein: “Patent Rights: A Spark or Hindrance for the Economy?”

Epstein on Posner’s “Patent Adventurism” in Apple v. Motorola

Richard Epstein replies to Judge Posner’s Apple v. Motorola opinion and follow-up article in The Atlantic. The anti-patent sentiment has just been fueled by a remarkable opinion by Judge Richard Posner, my long-time colleague at the University of Chicago, sitting as a trial judge in the major case, Apple v. Motorola. The high-profile case concerns five ... Epstein on Posner’s “Patent Adventurism” in Apple v. Motorola

Ginsburg & Wright on Dynamic Analysis and the Limits of Antitrust Institutions

Judge Douglas Ginsburg (D.C. Circuit Court of Appeals; NYU Law) and I have posted “Dynamic Antitrust and the Limits of Antitrust Institutions” to SSRN.  Our article is forthcoming in Volume 78 (2) of the Antitrust Law Journal.  We offer a cautionary note – from an institutional perspective – concerning the ever-increasing and influential calls for greater ... Ginsburg & Wright on Dynamic Analysis and the Limits of Antitrust Institutions

Hating Capitalism

One topic that has long interested me is the source of dislike or hatred of capitalism; my Southern Economics Journal article “Folk Economics” (ungated version)  dealt in part with this topic. Today’s New York Times has an op-ed, “Capitalists and Other Psychopaths” by William Deresiewicz, who has taught English at Yale and Columbia, that both ... Hating Capitalism

Preempting state securities laws

States can be a wonderful laboratory and platform for jurisdictional competition.  But sometimes the laboratory seems to belong to Dr. Frankenstein and then federal law must step in to bring order. Biff Campbell thinks Reg D has failed its intended purpose and the reason is state law.  Here’s part of the abstract: Regulation D * ... Preempting state securities laws

Where have all the IPOs gone?

Ritter, Gao and Zhu ask, Where have all the IPOs Gone?  Well, not to young men everywhere, but to the older men and women who run the big companies that have replaced public markets as the key venture capital exit. Here’s the abstract: During 1980-2000, an average of 311 companies per year went public in ... Where have all the IPOs gone?

Welcome Baby 7B!

According to the United Nations, sometime around Halloween a newborn baby will push the world’s population above seven billion people.  Welcome to our spectacular planet, Little One! I should warn you that not everyone will greet your arrival as enthusiastically as I.  A great many smart folks on our planet—especially highly educated people in rich ... Welcome Baby 7B!

Taxicabs in Milwaukee

I’ve often discussed the wonderful world of professional licensing beyond lawyers and its perverse effects on entrepreneurship.  The posts have covered licensing of witches, horse teeth floaters, cat groomers, and tour guides.  Here’s a story about taxicabs. Milwaukee allows 321 taxicabs. Almost half the licenses are owned by one person.  The Institute for Justice has ... Taxicabs in Milwaukee

The job-creation potential of start-ups

A friend who is very active in startups and angel investing in southern California emailed me about whether I knew of research on the potential multiplier effects of a company on job formation.  Examples that came to her mind were eBay and Mary Kay, which create many small businesses.  I thought of Google as an ... The job-creation potential of start-ups

Searching for Antitrust Remedies, Part II

In the last post, I discussed possible characterizations of Google’s conduct for purposes of antitrust analysis.  A firm grasp of the economic implications of the different conceptualizations of Google’s conduct is a necessary – but not sufficient – precondition for appreciating the inconsistencies underlying the proposed remedies for Google’s alleged competitive harms.  In this post, ... Searching for Antitrust Remedies, Part II