Showing archive for: “Legal Profession & Scholarship”
Telemarketing, Technology, and Why the Telephone Sucks (and how to fix it)
It is a truth universally acknowledged that unwanted telephone calls are among the most reviled annoyances known to man. But this does not mean that laws intended to prohibit these calls are themselves necessarily good. Indeed, in one sense we know intuitively that they are not good. These laws have proven wholly ineffective at curtailing ... Telemarketing, Technology, and Why the Telephone Sucks (and how to fix it)
The Case for Doing Nothing: The ‘Problem’ of Common Ownership
As Thom previously posted, he and I have a new paper explaining The Case for Doing Nothing About Common Ownership of Small Stakes in Competing Firms. Our paper is a response to cries from the likes of Einer Elhauge and of Eric Posner, Fiona Scott Morton, and Glen Weyl, who have called for various types ... The Case for Doing Nothing: The ‘Problem’ of Common Ownership
Bill MacLeod: A Personal Reflection on Fred McChesney
William C. MacLeod is a partner at Kelley, Drye & Warren LLP, where he chairs the firm’s Antitrust and Competition practice group. He is a former director of the Bureau of Consumer Protection at the FTC. It is only with hindsight that we can appreciate the naïveté of conventional wisdom. In 1970, when Fred McChesney ... Bill MacLeod: A Personal Reflection on Fred McChesney
Speaking at events next week on privacy/data security and merger enforcement
I’ll be participating in two excellent antitrust/consumer protection events next week in DC, both of which may be of interest to our readers: 5th Annual Public Policy Conference on the Law & Economics of Privacy and Data Security hosted by the GMU Law & Economics Center’s Program on Economics & Privacy, in partnership with the ... Speaking at events next week on privacy/data security and merger enforcement
TOTM welcomes guest blogger (and newest ICLE Senior Scholar) Nicolas Petit
TOTM is pleased to welcome guest blogger Nicolas Petit, Professor of Law & Economics at the University of Liege, Belgium. Nicolas has also recently been named a (non-resident) Senior Scholar at ICLE (joining Joshua Wright, Joanna Shepherd, and Julian Morris). Nicolas is also (as of March 2017) a Research Professor at the University of South ... TOTM welcomes guest blogger (and newest ICLE Senior Scholar) Nicolas Petit
ABA Antitrust Section Transition Report: A Respectful Critique
The American Bar Association Antitrust Section’s Presidential Transition Report (“Report”), released on January 24, provides a helpful practitioners’ perspective on the state of federal antitrust and consumer protection enforcement, and propounds a variety of useful recommendations for marginal improvements in agency practices, particularly with respect to improving enforcement transparency and reducing enforcement-related costs. It also ... ABA Antitrust Section Transition Report: A Respectful Critique
An FCC ban on arbitration of privacy claims would be the anti-consumer-protection approach
Over the weekend, Senator Al Franken and FCC Commissioner Mignon Clyburn issued an impassioned statement calling for the FCC to thwart the use of mandatory arbitration clauses in ISPs’ consumer service agreements — starting with a ban on mandatory arbitration of privacy claims in the Chairman’s proposed privacy rules. Unfortunately, their call to arms rests ... An FCC ban on arbitration of privacy claims would be the anti-consumer-protection approach
Sixth Circuit’s Decision Rejecting FCC Preemption of State Restrictions on Municipal Broadband Ownership Strikes a Blow in Favor of the Rule of Law (But a Broader Problem Remains)
The American concept of “the rule of law” (see here) is embodied in the Due Process Clause of the Fifth Amendment to the U.S. Constitution, and in the constitutional principles of separation of powers, an independent judiciary, a government under law, and equality of all before the law (see here). It holds that the executive ... Sixth Circuit’s Decision Rejecting FCC Preemption of State Restrictions on Municipal Broadband Ownership Strikes a Blow in Favor of the Rule of Law (But a Broader Problem Remains)
CPIP Conference on Oct. 6-7, 2016: “Intellectual Property and Global Prosperity”
Please Join Us For A Conference On Intellectual Property Law INTELLECTUAL PROPERTY & GLOBAL PROSPERITY Keynote Speaker: Dean Kamen October 6-7, 2016 Antonin Scalia Law School George Mason University Arlington, Virginia CLICK HERE TO REGISTER NOW **9 Hours CLE**
Commissioner Wright on the inappropriate use of structural presumptions in merger analysis & a great ABA program on the same
The FTC recently required divestitures in two merger investigations (here and here), based largely on the majority’s conclusion that [when] a proposed merger significantly increases concentration in an already highly concentrated market, a presumption of competitive harm is justified under both the Guidelines and well-established case law.” (Emphasis added). Commissioner Wright dissented in both matters ... Commissioner Wright on the inappropriate use of structural presumptions in merger analysis & a great ABA program on the same
New Paper: The Problems and Perils of Bootstrapping Privacy and Data into an Antitrust Framework
The CPI Antitrust Chronicle published Geoffrey Manne’s and my recent paper, The Problems and Perils of Bootstrapping Privacy and Data into an Antitrust Framework as part of a symposium on Big Data in the May 2015 issue. All of the papers are worth reading and pondering, but of course ours is the best ;). In it, ... New Paper: The Problems and Perils of Bootstrapping Privacy and Data into an Antitrust Framework
Si Monumentum Requiris, Circumspice
The famous epitaph that adorns Sir Christopher Wren’s tomb in St. Paul’s Cathedral – Si monumentum requiris, circumspice (“if you seek his monument, look around you”) – applies equally well to Henry Manne, who passed away on January 17. Wren left a living memorial to his work in St. Paul’s and the many other churches ... Si Monumentum Requiris, Circumspice
