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UK Poised to Begin Realizing Brexit’s Regulatory-Reform Potential

TOTM The United Kingdom’s 2016 “Brexit” decision to leave the European Union created the opportunity for the elimination of unwarranted and excessive EU regulations that had . . .

The United Kingdom’s 2016 “Brexit” decision to leave the European Union created the opportunity for the elimination of unwarranted and excessive EU regulations that had constrained UK economic growth and efficiency.

Recognizing that fact, former Prime Minister Boris Johnson launched the Task Force on Innovation, Growth, and Regulatory Reform, whose May 2021 report recommended “a new regulatory vision for the UK.” That vision emphasized “[p]romot[ing] productivity, competition and innovation through a new framework of proportionate, agile and less bureaucratic regulation.”

Read the full piece here.

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Antitrust & Consumer Protection

Instead of Making It Expensive to Own a Car, Why Not Make It Expensive to Use Instead?

Popular Media Before writing this commentary, I checked trending searches on Google over the last quarter. Among Singapore’s favourite three-letter acronyms, the top was HDB, followed by CPF and COE. . . .

Before writing this commentary, I checked trending searches on Google over the last quarter. Among Singapore’s favourite three-letter acronyms, the top was HDB, followed by CPF and COE. That is until May 4, when the Certificate of Entitlement (COE) trumped Housing and Development Board (HDB) and Central Provident Fund (CPF).

It’s worth stressing that COEs are not the top concern of all Singaporeans. They are the top concern of a relatively vocal segment – especially recently, with COE prices crossing S$100,000 (US$75,000) and continuing to trend upwards.

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Financial Regulation & Corporate Governance

Faculty Privilege: Tenure and Faculty Authority in American Higher Education in the 20th Century

Scholarship Abstract Faculty at American colleges and universities possess an exceptional, arguably unique, combination of job security and decision authority. In addition to the protections of . . .

Abstract

Faculty at American colleges and universities possess an exceptional, arguably unique, combination of job security and decision authority. In addition to the protections of academic tenure, “regular” faculty at most higher education institutions exercise significant authority over important organizational policies and decisions, including product design (curriculum) and personnel matters (appointments, promotions, and dismissals). Why some faculty — and only some faculty — should enjoy rights, privileges, and protections available to virtually no other class of employees has never been adequately explained, however. This paper identifies a source of “hold-up” peculiar to academic employment associated with the joint research and non-research responsibilities of “regular” faculty and the way the higher education market values the “academic capital” of scholars. Combining surveys of governance practices with institution-level data on faculty publication rates over the periods 1900-1940 and 1975-2014, the paper presents evidence of an association between research and faculty authority over personnel decisions consistent with (though not dispositive of) the commitment function of faculty rights and privileges posited here.

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Antitrust & Consumer Protection

Stakeholder Capitalism: Theft, Path to Central Planning, or Both?

Scholarship Abstract Stakeholder capitalism is being pushed both by ideological partisans who have little respect for ownership rights and, perhaps worse, by those who would benefit . . .

Abstract

Stakeholder capitalism is being pushed both by ideological partisans who have little respect for ownership rights and, perhaps worse, by those who would benefit financially from more exclusionary capital markets. Moreover, the managerial incentives created by environmental, social, and governance (ESG) initiatives are likely to hurt all constituencies to the benefit of managers who are charged with overseeing their implementation. Still further, the ESG movement is poised to create a toxic mix of government and business, the end result of which will be the broad destruction of social value and a decline in human flourishing.
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Financial Regulation & Corporate Governance

The Law & Economics of Children’s Online Safety: The First Amendment and Online Intermediary Liability

TOTM Legislation to secure children’s safety online is all the rage right now, not only on Capitol Hill, but in state legislatures across the country. One . . .

Legislation to secure children’s safety online is all the rage right now, not only on Capitol Hill, but in state legislatures across the country. One of the favored approaches is to impose on platforms a duty of care to protect teen users.

For example, Sens. Richard Blumenthal (D-Conn.) and Marsha Blackburn (R-Tenn.) have reintroduced the Kid’s Online Safety Act (KOSA), which would require that social-media platforms “prevent or mitigate” a variety of potential harms, including mental-health harms; addiction; online bullying and harassment; sexual exploitation and abuse; promotion of narcotics, tobacco, gambling, or alcohol; and predatory, unfair, or deceptive business practices.

Read the full piece here.

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Innovation & the New Economy

Online Safety Bills Will Mean Kids Are No Longer Seen or Heard Online

Popular Media According to an old English proverb, children are meant to be seen and not heard. But if we aren’t careful with new online-safety legislation, kids . . .

According to an old English proverb, children are meant to be seen and not heard. But if we aren’t careful with new online-safety legislation, kids will be neither seen nor heard in online spaces.

There has been no shortage of stories in recent months focusing on the real harms associated with teens on social media, which the platforms have already invested in mitigating in response to market demand from parents, advertisers and teens themselves. Far less attention has been paid to the benefits that teens today enjoy in terms of increased connections and access to information that was previously unimaginable in an offline world.

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Innovation & the New Economy

FTC Returns to Section 18 Rulemaking with Impersonation Fraud Hearing

TOTM The Federal Trade Commission (FTC) last week held its first informal hearing in 20 years on Section 18 rulemaking. The hearing itself had a technical delay, which . . .

The Federal Trade Commission (FTC) last week held its first informal hearing in 20 years on Section 18 rulemaking. The hearing itself had a technical delay, which to us participants felt like another 20 years, but was a mere two hours or so.

At issue is a proposed rule intended to target impersonation fraud. Impersonation fraudsters hold themselves out as government officials or company representatives in order to defraud unsuspecting consumers.

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Antitrust & Consumer Protection

The Antitrust Assault on the Startup Economy

Popular Media In the age of the internet, unfounded claims can achieve widespread adoption at remarkable speed. Antitrust regulators have apparently fallen prey to this malady. In . . .

In the age of the internet, unfounded claims can achieve widespread adoption at remarkable speed. Antitrust regulators have apparently fallen prey to this malady.

In the U.S., Europe, the U.K. and other jurisdictions, regulators have adopted the view that acquisitions of startups by large tech platforms are being used systematically to “kill” competitive threats. Other regulators assert that acquisitions by large tech platforms create “kill zones” into which startups are reluctant to enter.

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Antitrust & Consumer Protection

States Risk Wasting Scarce Broadband Grant Dollars

Popular Media The federal government is set to award more than $42 billion in new grants to state governments this summer, with the goal of expanding high-speed . . .

The federal government is set to award more than $42 billion in new grants to state governments this summer, with the goal of expanding high-speed internet access in areas that currently lack it.

But as this new Broadband Equity, Access, and Deployment program ramps up, it is crucial that states spend the money wisely.

Read the full piece here.

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Telecommunications & Regulated Utilities