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TOTM At its mid-year meeting this week, the ABA did two notable things. First, the House of Delegates “voted overwhelmingly” to approve a resolution calling on . . .
At its mid-year meeting this week, the ABA did two notable things. First, the House of Delegates “voted overwhelmingly” to approve a resolution calling on the President to follow the law with respect to domestic spying. Among other things, the six-clause resolution “call[ed] upon the President to abide by the limitations which the Constitution imposes on a president…” (Paragraph 1), and “urge[d] the President, if he believes [the law] is inadequate…to seek appropriate amendments or new legislation rather than acting without explicit statutory authorization” (Paragraph 2). In other words, Mr. President, you must abide by the Constitution, and if you don’t like a statute, you can’t just violate it; you should go to the legislature and get it amended.
Read the full piece here.
TOTM In an op-ed published in Saturday’s W$J (slightly updated version available here for free), Prof. David Bernstein drew attention to the American Bar Association’s proposed . . .
In an op-ed published in Saturday’s W$J (slightly updated version available here for free), Prof. David Bernstein drew attention to the American Bar Association’s proposed revision to its law school accreditation standards concerning student and faculty racial diversity. Bernstein criticized the ABA proposal for, in essence, calling on law schools to ignore constitutional and statutory provisions governing the use of racial preferences in admissions and hiring. Indeed, the revision’s interpretive guidelines (which apparently carry the same weight as the standards themselves) state that…
TOTM Warren Grimes of the American Antitrust Institute (and Southwestern Law School) defends the Korea Fair Trade Commission’s recent Microsoft decision holding that Microsoft abused its . . .
Warren Grimes of the American Antitrust Institute (and Southwestern Law School) defends the Korea Fair Trade Commission’s recent Microsoft decision holding that Microsoft abused its dominant position by bundling Instant Messenger and Windows Media Player technologies to its operating system, and its order that Microsoft must sell unbundled versions. Grimes central point is that not we should expect such divergent views in an antitrust environment of “world federalism,” but on that the KFTC was in good company in viewing Microsoft’s bundling practices as anticompetitive.
TOTM The Internet (read: inexpensive information dissemination) comes to the notoriously informationally-challenged housing market. The WSJ reports on a new website, zillow.com, which, as the WSJ . . .
The Internet (read: inexpensive information dissemination) comes to the notoriously informationally-challenged housing market. The WSJ reports on a new website, zillow.com, which, as the WSJ says…
TOTM Yesterday’s W$J reported on an effort by oil companies to change the way reserves are reported in securities filings. SEC rules, it seems, mandate that . . .
Yesterday’s W$J reported on an effort by oil companies to change the way reserves are reported in securities filings. SEC rules, it seems, mandate that reserves be measured in a manner that understates the actual amount of available oil. For example, the rules (available here) require that only proven reserves (those for which there is a “reasonable certainty” of actual recovery) be reported. On first glance, this doesn’t sound unreasonable, but the manner in which “reasonable certainty” is determined essentially translates the criterion into one of “virtual certainty.”
TOTM In the Ribstein & Alces paper mentioned below by Keith, Ribstein & Alces write… Read the full piece here.
In the Ribstein & Alces paper mentioned below by Keith, Ribstein & Alces write…
TOTM Dave Hoffman over at Concurring Opinions asks: “Is Apple Exploiting Consumer Irrationality?” Dave is worried that consumers’ continuing iPod purchases may be irrational in the . . .
Dave Hoffman over at Concurring Opinions asks: “Is Apple Exploiting Consumer Irrationality?” Dave is worried that consumers’ continuing iPod purchases may be irrational in the face of evidence that many iPod’s fail within their one year warranty period or shortly after, and that this strategy might explain Apple’s “growing market strength.” How likely are consumer biases to explain Apple’s success? In short, not very.
TOTM It’s called Antitrust Review. It’s the result of a merger between the antitrust division of Law & Society Blog and (Anti-)Trust Me, both original members . . .
It’s called Antitrust Review. It’s the result of a merger between the antitrust division of Law & Society Blog and (Anti-)Trust Me, both original members of our ultra-exclusive blogroll. Here’s what Hanno Kaiser, one of the blog’s founders, and a friend and former colleague of mine, says about the blog…
TOTM Today’s New York Times accuses President Bush of getting things “exactly backwards” by exhorting Congress to demonstrate political courage by resisting the urge to raise . . .
Today’s New York Times accuses President Bush of getting things “exactly backwards” by exhorting Congress to demonstrate political courage by resisting the urge to raise taxes. The politically courageous move, the Times says, would be to raise taxes (i.e., to refuse to extend the 2003 cuts beyond their expiration date). In particular, the Times calls for brave lawmakers to eliminate the “special low tax rates for investment income,” which “overwhelmingly enrich the rich and will be even harder to justify in the years to come, when, by all reasonable estimates, the country’s financial outlook will have deteriorated further.” It was, the Times says, “Orwellian” for President Bush to suggest that courage would be required to extend the tax cuts on investment income.
