The Archives

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

Showing archive for:  “Law & Economics”

A Book That “Underpromsises and Overdelivers”

So says Professor Zagros Madjd-Sadjadi (Winston-Salem State University) about the volume on Pioneers of Law and Economics (which I edited along with my colleague Lloyd Cohen, and to which I contributed a chapter on the contributions of Ben Klein to law and economics).  The full book review, appearing in the American Review of Policy Economy, ... A Book That “Underpromsises and Overdelivers”

Brussels LLM in Competition Law and Economics

Nicolas Petit, who blogs at Chillin’ Competition and teaches at the University of Liege, has started an ambitious, new LLM in competition law and economics at something called the Brussels School of Competition.  It strikes me as interesting and helpful for being an academic law and economics program focused very clearly on practitioners and practical ... Brussels LLM in Competition Law and Economics

A “Plain Vanilla” Proposal for Behavioral Law and Economics

I’ve been, for some time, a behavioral law and economics skeptic.  Sometimes this position is confused with skepticism about behavioral economics, as in — believing that behavioral economics itself offers nothing useful to economic science or is illegitimate in some way.   That’s not true.  Now, I have some qualms about the explanatory power of some ... A “Plain Vanilla” Proposal for Behavioral Law and Economics

Nudging Antitrust (Part 2): Do Critiques of Behavioral Antitrust Have Any Bite?

Part 1 of this short blog series on “Nudging Antitrust,” focused on defining Commissioner Rosch’s recently articulated vision of behavioral economics as it relates to antitrust and competition policy and its differences with more “conventional” economic approaches that are bound by the rationality assumption.  By the way, one should note that these more conventional approaches ... Nudging Antitrust (Part 2): Do Critiques of Behavioral Antitrust Have Any Bite?

ELS, Technical Fetishization vs. Legal Relevance, and a Partial Defense of the Perfectly Proportional Mediocrity of Legal Empiricists

Brian Leiter brings the always fun “what’s wrong with empirical legal studies” meme back to the front page.  Professor Leiter’s post is a really good one.  He sets up the “problem” with ELS as such: There is now too much empirical work being done simply because it looks ’empirical.’ Professor Bainbridge agrees.   And this isn’t ... ELS, Technical Fetishization vs. Legal Relevance, and a Partial Defense of the Perfectly Proportional Mediocrity of Legal Empiricists

Who Will Run the New CFPB and How Will They Run It?

The new Consumer Financial Protection Bureau is right around the corner  Talk has now turned to who might run the powerful agency and what it might do.  The WSJ names names: Democratic leaders in Congress say their top pick for the post is Elizabeth Warren, the high-profile Harvard law professor and an outspoken critic of ... Who Will Run the New CFPB and How Will They Run It?

Google Search Trends

I’ve been having some fun with Google Trends lately, which offers unique analysis of search trends.  For example, below is an excerpt from a search on the phrase “law and economics” that shows the top ten cities from which the phrase  has been a search term, along with a graph of volume: 1. Berkeley, CA, ... Google Search Trends

Antitrust at George Mason

Danny Sokol has posted the most downloaded antitrust law professors.  I come in 4th behind Damien Geradin, David Evans, and Herb Hovenkamp.   It is flattering to be in company like that by any measure.  Cool.  But, as Danny points out, what is even cooler is that George Mason is one of only a handful of ... Antitrust at George Mason

Why Congress Should Reject the FTC’s Request for a Trinko Exemption

One of the most significant issues in current US antitrust policy has been the Federal Trade Commission’s attempt to avoid some of the rigorous requirements imposed by Section 2 of the Sherman Act in monopolization cases by expanding FTC authority under Section 5 of the Federal Trade Commission Act (FTCA). This issue is nothing new. ... Why Congress Should Reject the FTC’s Request for a Trinko Exemption

An Antitrust Analysis of the Federal Trade Commission’s Complaint Against Intel

As readers of TOTM know, I’ve been critical of both the Federal Trade Commission’s Complaint against Intel from a consumer welfare perspective as well as the wobbly intellectual underpinnings of the Commission’s attempt to expand its FTC Act Section 5 authority to evade (see also here) the more stringent monopolization standards under Section 2 of ... An Antitrust Analysis of the Federal Trade Commission’s Complaint Against Intel

Antitrust Law and Economics

Antitrust Law and Economics, a volume edited by Keith Hylton, is now available from Edward Elgar Publishing.  Here is the description: This comprehensive book provides an extensive overview of the major topics of antitrust law from an economic perspective. Its in-depth treatment and analysis of both the law and economics of antitrust is presented via ... Antitrust Law and Economics

Congratulations to ICLE Research Fellow Judd Stone

Congratulations to International Center for Law and Economics Research Fellow — also my former George Mason law student, long-time research assistant, and now co-author — and Northwestern University School of Law graduate, Judd Stone.  Judd somehow managed to finish his 3L year at Northwestern Law with with a “perfect” semester involving 5 A+’s in 5 ... Congratulations to ICLE Research Fellow Judd Stone