Showing Latest Publications

Behavioral Law and Economics of Contracts

TOTM After receiving the page proofs last week, I’m posting “Behavioral Law and Economics, Paternalism, and Consumer Contracts: An Empirical Perspective” to SSRN. I wrote this . . .

After receiving the page proofs last week, I’m posting “Behavioral Law and Economics, Paternalism, and Consumer Contracts: An Empirical Perspective” to SSRN. I wrote this paper for last year’s NYU Journal of Law & Liberty Symposium on Behavioral Economics™ Challenge to the Classical Liberal Program. The basic idea of the paper is an evaluation of the empirical evidence concerning behavioral and neoclassical theoretical predictions in a few settings where behavioral anomalies are frequently argued to justify paternalistic measures: credit cards, standard form contracts, and shelf space contracts.

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Financial Regulation & Corporate Governance

Here We Go Again? The Transatlantic Fireworks over Microsoft Begin …

TOTM EU Competition Commissioner Neelie Kroes responds to the USDOJ Antitrust AG’s criticism of the recent Microsoft decision… Read the full piece here. 

EU Competition Commissioner Neelie Kroes responds to the USDOJ Antitrust AG’s criticism of the recent Microsoft decision…

Read the full piece here

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Antitrust & Consumer Protection

Reactions to the Microsoft Decision

TOTM The reaction to the CFI’s Microsoft decision (press release here) thus far has been largely negative. Read the full piece here.

The reaction to the CFI’s Microsoft decision (press release here) thus far has been largely negative.

Read the full piece here.

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Antitrust & Consumer Protection

Businesses Clamoring for More Regulation — It’s Like Rain on Your Wedding Day.

TOTM Within the last few days, the nation’s two most prominent newspapers have reported an interesting trend: businesses are seeking more government regulation. On Sunday, the . . .

Within the last few days, the nation’s two most prominent newspapers have reported an interesting trend: businesses are seeking more government regulation. On Sunday, the New York Times ran an article entitled In Turnaround, Industries Seek U.S. Regulation. Yesterday’s Wall Street Journal featured Food Makers Get Appetite for Regulation.

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Antitrust & Consumer Protection

Is It Monday Yet?

TOTM Danny Sokol pre-blogs Monday’s expected EU Microsoft decision.  His punchline: this decision has the potential to cause substantial Trans-Atlantic discord and magnify the divergence between . . .

Danny Sokol pre-blogs Monday’s expected EU Microsoft decision.  His punchline: this decision has the potential to cause substantial Trans-Atlantic discord and magnify the divergence between EU and US approaches to unilateral firm conduct, with important implications for the role of the ICN in facilitating convergence and harmonization across jurisdictions.

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Antitrust & Consumer Protection

Why Wasn’t Belichick Suspended?

TOTM An assistant coach takes a substance banned by the NFL to treat diabetes. He is fined one third of his salary and suspended for 5 . . .

An assistant coach takes a substance banned by the NFL to treat diabetes. He is fined one third of his salary and suspended for 5 games. An NFL head coach violates an NFL rule concerning videotaping the opposition during a game from the sideline for fear that such conduct might impact the outcome of the game (though it did not in the case at issue so far as we know). Coach Belichick’s punishment: $500,000 and no suspension.

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The Roberts Court’s Antitrust Philosophy: Chicago School, Harvard School, or Neither?

TOTM Danny Sokol points to Professor Einer Elhauge’s (Harvard) forthcoming paper in Competition Policy International where he argues that recent Supreme Court antitrust jurisprudence reflects a . . .

Danny Sokol points to Professor Einer Elhauge’s (Harvard) forthcoming paper in Competition Policy International where he argues that recent Supreme Court antitrust jurisprudence reflects a choice in favor of the Harvard School rather than the Chicago School of antitrust analysis. I recommend Professor Elhauge’s analysis to our readers for at least two reasons.

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Antitrust & Consumer Protection

Interesting Section 2 Developments

TOTM A pair of interesting antitrust appellate decisions have been released over the past few days involving single firm conduct and Section 2: Cascade Health Solutions . . .

A pair of interesting antitrust appellate decisions have been released over the past few days involving single firm conduct and Section 2: Cascade Health Solutions v. PeaceHealth (9th Cir.) and Broadcom v. Qualcomm (3rd Cir.).

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Antitrust & Consumer Protection

Law School Specialization @ UC Irvine?

TOTM Larry Ribstein offers a great post on the vision of law school specialization offered by Henry Manne which aimed to produce diversity between rather than . . .

Larry Ribstein offers a great post on the vision of law school specialization offered by Henry Manne which aimed to produce diversity between rather than within the law school. Larry discusses a recent potential example of this form of diversity at UC Irvine which has communicated an apparent interest specialization in the form of a commitment to produce “public interest lawyers.” For those interested, Larry has riffed on this theme previously. Institutional specialization at the law school level is also a subject that I’ve blogged about before in the context of a specialization in law and economics, see, e.g. here. In the context of this broader framework, UC Irvine’s reported interest in such specialization raises all sorts of interesting questions about the relative costs and benefits of the approach.

Read the full piece here.

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