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Cass on Leegin

TOTM Ronald Cass, dean emeritus of Boston University Law School, argues in today’s WSJ that the Supreme Court should overrule Dr. Miles… Read the full piece . . .

Ronald Cass, dean emeritus of Boston University Law School, argues in today’s WSJ that the Supreme Court should overrule Dr. Miles…

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Antitrust & Consumer Protection

The Nacchio Trial Begins

TOTM The insider trading trial of former Qwest CEO Joseph Naccio began yesterday. I’ve posted a couple of times (here and here) on Nacchio’s innovative defense, . . .

The insider trading trial of former Qwest CEO Joseph Naccio began yesterday. I’ve posted a couple of times (here and here) on Nacchio’s innovative defense, which the WSJ labeled a “black box” defense.

Read the full piece here.

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Financial Regulation & Corporate Governance

Midwest Farmers 1, Environment 0, Poor People -1

TOTM Friday’s WSJ documented an effect of ethanol mandates… Read the full piece here.

Friday’s WSJ documented an effect of ethanol mandates…

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Innovation & the New Economy

Insider Trading: Sin or Crime? (or None of the Above?)

TOTM R. Foster Winans knows insider trading. A former author of the Wall Street Journal‘s Heard on the Street column, Winans was a key figure in . . .

R. Foster Winans knows insider trading.

A former author of the Wall Street Journal‘s Heard on the Street column, Winans was a key figure in an insider trading case that went all the way to the U.S. Supreme Court. In that case, Carpenter v. United States, the Court affirmed securities fraud and mail/wire fraud convictions against Winans, who tipped investors about the contents of forthcoming Heard on the Street columns.

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Financial Regulation & Corporate Governance

Majoras Responds to Conyers Regarding Leegin

TOTM There’s just so much paper going back and forth on Leegin that it’s hard to keep up. In addition to various briefs and commentaries and . . .

There’s just so much paper going back and forth on Leegin that it’s hard to keep up.

In addition to various briefs and commentaries and Commissioner Harbour’s de facto brief (also discussed here), there has been some interesting correspondence between Rep. Conyers, Chair of the House Committee on the Judiciary, and Deborah Platt Majoras, Chair of the FTC.

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Antitrust & Consumer Protection

A Response to Commissioner Harbour’s “Open Letter” on Leegin

TOTM Federal Trade Commissioner Pamela Jones Harbour has sent the U.S. Supreme Court justices an “open letter” regarding the pending Leegin case. [HT: Danny Sokol.] Leegin, . . .

Federal Trade Commissioner Pamela Jones Harbour has sent the U.S. Supreme Court justices an “open letter” regarding the pending Leegin case. [HT: Danny Sokol.]

Leegin, as regular TOTM readers know, will test the continued vitality of Dr. Miles, the 1911 decision making it per se illegal for manufacturers and retailers to agree on minimum retail prices for the manufacturers’ products. I have previously argued (here and here) that such “vertical resale price maintenance,” or “VRPM”, should not be automatically illegal and that Dr. Miles should be overruled. Based on his upcoming eCCP presentation, I believe Josh agrees. He may, however, be reluctant to go head-to-head with a commissioner since he’s now a scholar-in-residence at the FTC.

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Antitrust & Consumer Protection

Please No “Passenger’s Bill of Rights”

TOTM Soledad O’Brien said a (sort of) bad word on American Morning this morning. I was watching when she said it. I didn’t notice the word, . . .

Soledad O’Brien said a (sort of) bad word on American Morning this morning. I was watching when she said it. I didn’t notice the word, but it’s plain as day in the transcript below (omissions noted by ellipses)…

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“Yale on $0 a Day” Sparks a Wonder Moment

TOTM We’re so immersed in the benefits of a market economy that I fear we sometimes fail to notice what a marvel capitalism is. Today’s Wall . . .

We’re so immersed in the benefits of a market economy that I fear we sometimes fail to notice what a marvel capitalism is.

Today’s Wall Street Journal points to yet another of capitalism’s benefits. A growing number of very, very fancy colleges with very, very talented professors and very, very expensive tuition are offering their course materials online for free.

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Coase, Penalty Defaults, and the Disgorgement Remedy for Breach of Fiduciary Duty

TOTM Law students, I have found, often have a hard time seeing how the Coase Theorem applies outside the context of land use conflicts. They also . . .

Law students, I have found, often have a hard time seeing how the Coase Theorem applies outside the context of land use conflicts. They also tend to think Coase’s insight is not so important because, they recite (parroting some of their professors), “Transactions costs are always present.” This saddens me, for the more I look at the law, the more relevant the theorem becomes.

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Financial Regulation & Corporate Governance