The Archives

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

Showing archive for:  “UK”

Nuno Garoupa on Reforming Legal Professions in Europe

The European Commission, in particular the Directorate-General for Competition, has shown interest in promoting competition in the market for legal services since the early 2000s. Some countries such as the United Kingdom have taken this matter seriously. After a long review process, the British government has recently implemented a new regulatory set-up for legal services ... Nuno Garoupa on Reforming Legal Professions in Europe

Dan Katz on Legal Informatics, Corporate Law Firm Ownership and 21st Century Legal Education

A recent article argues “65 percent of today’s elementary aged kids may end up doing work that hasn’t even yet been invented.”  This is a thought provoking number and it points to the disruptive nature of innovation and its impact on a variety of labor markets.  There is a portion of the downturn in legal ... Dan Katz on Legal Informatics, Corporate Law Firm Ownership and 21st Century Legal Education

Gillian Hadfield on Evidence-based Regulation for Law

There is a Missouri statute that makes it a misdemeanor, punishable by $100 fine, for anyone who is not licensed by the Missouri bar to “engage in the practice of law or do law business.”  If convicted, violators can be sued by anyone that paid them for their services or by the state of Missouri; ... Gillian Hadfield on Evidence-based Regulation for Law

William Henderson on Are We Asking the Wrong Questions About Lawyer Regulation?

The TOTM Unlocking the Law Symposium is designed to raise a host of questions surrounding lawyer regulation, including ending lawyer licensure requirements and the ban on non-lawyer investment. My thesis, for better or worse, is that we may be asking the wrong questions.  Despite the stringent regulations placed on lawyers, ingenious entrepreneurs—most of them non-lawyers—are ... William Henderson on Are We Asking the Wrong Questions About Lawyer Regulation?

Larry Ribstein on Deregulating Lawyers Whether They Like it or Not

Much of the writing on deregulating the legal profession asks skeptically whether it could or should happen.  It was logical to wonder what could change when the profession was locked up tight by the lawyers themselves. What opposing political interest group was comparably well-organized or well-informed? Consumers could sue to break up the regulatory monopoly, ... Larry Ribstein on Deregulating Lawyers Whether They Like it or Not

Comparative uncorporate law

Don Clarke has written a nice piece on “the past and future of comparative corporate governance.”  Here’s part of the abstract: Recent years have seen the rise of comparative corporate governance (CCG) as an increasingly mainstream approach within the world of corporate governance studies. This is a function partly of an increasing international orientation on ... Comparative uncorporate law

The First Amendment and unauthorized practice of law

I recently discussed the policy issues regarding litigation against LegalZoom for unauthorized practice of law (as well as noting my potential interest in this litigation).  A recent paper analyzes the legal issues:  Catherine Lanctot, Does LegalZoom Have First Amendment Rights? Some Thoughts About Freedom of Speech and the Unauthorized Practice of Law.  Here’s some of ... The First Amendment and unauthorized practice of law

The FTC and Debarment as an Antitrust Sanction

As a result of the FTC’s “Operation Short Change,” a number of firms and individuals have settled claims that they swindled millions from consumers by making unauthorized charges and debits to their bank accounts.  The FTC press release highlights that, in addition to a $2.08 million fine (judgment suspended due to bankruptcy filing), the FTC ... The FTC and Debarment as an Antitrust Sanction

Judd Stone on Misbehavioral Economics: The Misguided Imposition of Behavioral Economics on Antitrust

Behavioral law and economics has arisen to international prominence; between Cass Sunstein’s appointment to head the Office of Information and Regulatory Affairs the United Kingdom’s appointment of a “nudge” bureau, behavioralism has enjoyed a meteoric impact on policymakers.  Thus far, behavioral economists have almost exclusively focused on the myriad foibles or purported cognitive errors which ... Judd Stone on Misbehavioral Economics: The Misguided Imposition of Behavioral Economics on Antitrust

Misbehavioral Economics: The Case Against Behavioral Antitrust

In a policy speech earlier this year, Commissioner J. Thomas Rosch of the Federal Trade Commission advocating the incorporation of behavioral economics into antitrust analysis suggested one concern that others might have with the approach was that “behavioral economics was simply liberalism masquerading as economic thinking.”   The Commissioner himself has been a vocal proponent of ... Misbehavioral Economics: The Case Against Behavioral Antitrust

The disgrace of the legal services market

The WSJ Law Blog discusses N.Y.C.’s Chief Judge Lippman’s campaign to solve the growing problem of poor people facing civil cases without lawyers – 2.3 million people in all state courts last year. Lippman wants more funding for legal aid lawyers.  The main existing funding mechanism, the Interest on Lawyer Account Fund, has been depleted ... The disgrace of the legal services market

The Law Market and U.S. law firms

According to an article in Corporate Counsel (HT Law Blog), a recent survey suggests U.S. law firms are losing international business to the Brits: About 53 percent of the companies use English law for international work, while only 34 percent use U.S. law. When asked to name law firms they would consider for multijurisdictional deals ... The Law Market and U.S. law firms