The Archives

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

Showing archive for:  “Insurance”

Richard Thaler’s Rejoinder to the TOTM Free to Choose Symposium

I have now had a chance to read through the contributions to this event and have a few thoughts to share.  I cannot, of course, reply to everything that has been said here, and in any case, most of what I would say already appears in print.  Before getting into specifics let me say one ... Richard Thaler’s Rejoinder to the TOTM Free to Choose Symposium

Richard Epstein on The Dangerous Allure of Behavioral Economics: The Relationship between Physical and Financial Products

Richard A. Epstein is the Laurence A. Tisch Professor of Law, New York University School of Law, The Peter and Kirsten Bedford Senior Fellow, The Hoover Institution, and the James Parker Hall Distinguished Service Professor of Law, The University of Chicago. Few academic publications have had as much direct public influence on the law as ... Richard Epstein on The Dangerous Allure of Behavioral Economics: The Relationship between Physical and Financial Products

Decision Trees

Nobel Laureate economist Gary Becker’s decision tree (HT: Freakonomics, from the new illustrated SuperFreakonomics):

Carl Shapiro on BCBS and the New Merger Guidelines

?Carl Shapiro’s (DOJ) speech at the ABA Fall Forum contains (at least) two interesting tidbits worth highlighting for TOTM readers.  The first is a discussion of the DOJ’s case against Blue Cross Blue Shield, which as discussed here, turns on an economic analysis of the use of most-favored nations clauses in contractual arrangements with hospitals: ... Carl Shapiro on BCBS and the New Merger Guidelines

Proxy advisors as regulatory spawn

John Carney comments on the rise of proxy advisory firms.  He attributes this partly to increasing complexity caused by the securities industry.  He notes the irony that “[r]eforms to securities regulations that were ostensibly intended to empower shareholders or further ‘shareholder democracy’ have instead resulted in increasing domination of proxy questions by a small clique ... Proxy advisors as regulatory spawn

Should Congress Repeal the McCarran-Ferguson Act?

While I’m focused on health care and antitrust, the question above is the subject of a conference at the Harvard Law School Petrie?Flom Center which looks like it has a great lineup.  The conference is November 12th.  Here is the conference description (HT: Larry Solum). Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics at ... Should Congress Repeal the McCarran-Ferguson Act?

DOJ v. Blue Cross Blue Shield of Michigan

This should be an interesting case to watch.  As I’ve discussed, if one excludes policy speeches and restricts focus to enforcement action and activity, it has been thus far difficult to distinguish the Obama Antitrust Division from the Bush II Antitrust Division when it comes to single firm or allegedly exclusionary conduct.  But the DOJ’s ... DOJ v. Blue Cross Blue Shield of Michigan

McDonald’s, Mini-Meds, and Medical Loss Ratios: What’s to come, and what can Sebelius do about it?

Yesterday, the Wall Street Journal ran an article entitled McDonald’s May Drop Health Plan. The article reported that “McDonald’s Corp. has warned federal regulators that it could drop its health insurance plan for nearly 30,000 hourly restaurant workers unless regulators waive a new requirement of the U.S. health overhaul.” The insurance plan at issue is ... McDonald’s, Mini-Meds, and Medical Loss Ratios: What’s to come, and what can Sebelius do about it?

Insurance markets in everything …

As the guys at MR would say…(ESPN).   Hair insurance edition:  Just call Troy Polamalu the man with the million dollar hair.  The long, flowing black hair that tumbles out of Polamalu’s helmet and down his back — it’s nearly three feet long — has been insured for $1 million by Head and Shoulders, the shampoo ... Insurance markets in everything …

My Favorite Corporate Law Blogs

Here’s what I spend my time reading every morning in the blogosphere.  Readers, have I forgotten any? Professor Bainbridge.  Our good blog neighbor comments on the latest developments in corporate law and securities regulation.  Posts range from practical advice on the evolution of corporate law to snippets of Professor B’s latest academic work.  Insightful political ... My Favorite Corporate Law Blogs

Will an m & a boom save Big Law?

John Carney thinks a recent notable move of prominent banking partners from Latham to Milbank might signal that “debt financing for takeovers is about to take off,” just as it did when the same team moved from Skadden to Latham in 2004. This would also be consistent “with corporate cash piling up to record levels.” ... Will an m & a boom save Big Law?

Citigroup and federal fiduciary law

The SEC has reached another peculiar settlement, this time $75 million from Citigroup, plus fines against executives. As with the Goldman settlement, Citigroup didn’t admit fraud, or even, as in that case, a mistake. Citigroup was accused of misleading investors about its exposure to subprime. The bank knew it was exposed to the housing market, ... Citigroup and federal fiduciary law