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‘Diminishing the price of law’

TOTM The lesson from Jones, see my post below, is that law untamed can be very costly, and with little benefit. This is, of course, not . . .

The lesson from Jones, see my post below, is that law untamed can be very costly, and with little benefit. This is, of course, not a new idea. In a critical essay of “Southey’s Colloquies on Society,” Lord Thomas Macaulay wrote eloquently about the cost of law and government…

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Financial Regulation & Corporate Governance

Who decides how much to pay?

TOTM What is the proper role for judges in deciding how much investment advisers to mutual funds should be compensated? This is the question the Supreme . . .

What is the proper role for judges in deciding how much investment advisers to mutual funds should be compensated? This is the question the Supreme Court will answer in Jones v. Harris Associates, argued last month. At first, the question seems silly: courts don’t get a say in how much I get paid or how much (beyond the minimum wage) I pay our nanny, so why would they have any say here.

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Financial Regulation & Corporate Governance

Features v. Bugs: Intel and the Relationship Between Sections 2 and 5

TOTM There will be much to say about the Federal Trade Commission’s Intel complaint in the coming months.  And we’ve said quite a bit already.  But . . .

There will be much to say about the Federal Trade Commission’s Intel complaint in the coming months.  And we’ve said quite a bit already.  But having just read the complaint and the statements from Chairman Leibowitz and Commissioner Rosch discussing the various rationales for making Section 5 the primary hook for this case, I wanted to share two thoughts about defenses for the move that appear in those statements.

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Antitrust & Consumer Protection

Another Mis-step in Reactionary Regulation

TOTM Today’s Wall Street Journal reports that Senators Cantwell and McCain are preparing legislation to reinstate Glass-Steagall-type restrictions to create a “firewall” between commercial and investment . . .

Today’s Wall Street Journal reports that Senators Cantwell and McCain are preparing legislation to reinstate Glass-Steagall-type restrictions to create a “firewall” between commercial and investment banks. Apparently Rep. Hinchey is preparing a similar assault in the House.

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Financial Regulation & Corporate Governance

It’s a Section 5!

TOTM The FTC brought its long-awaited case against Intel today.  New York Times report here.  Of course we’ve covered the various antitrust claims against Intel at . . .

The FTC brought its long-awaited case against Intel today.  New York Times report here.  Of course we’ve covered the various antitrust claims against Intel at great length on this blog, and have found all of the theories wanting.

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Antitrust & Consumer Protection

The seeds of an antitrust disaster

TOTM If you live outside the farm belt (or you’re not an antitrust junkie) you might have missed what is shaping up to be one of . . .

If you live outside the farm belt (or you’re not an antitrust junkie) you might have missed what is shaping up to be one of the biggest antitrust stories of the coming year:  The set of antitrust accusations and actions against Monsanto for its alleged anticompetitive conduct in the biotech seed market.

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Antitrust & Consumer Protection

Climate Change and the Non-Sensical Precautionary Principle

TOTM In his New York Times column, Thomas Friedman advocates “doing the Cheney-thing on climate — preparing for 1%.” He’s referring to Vice-President Cheney’s reported remark: . . .

In his New York Times column, Thomas Friedman advocates “doing the Cheney-thing on climate — preparing for 1%.” He’s referring to Vice-President Cheney’s reported remark: “If there’s a 1% chance that Pakistani scientists are helping Al Qaeda build or develop a nuclear weapon, we have to treat it as a certainty in terms of our response.”

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Innovation & the New Economy

Informational Cascades, Reputational Cascades, Group Polarization, and the Climate Emails

TOTM It’s been interesting to observe the responses to the hacked emails from the Climate Research Unit at the University of East Anglia. The emails seem . . .

It’s been interesting to observe the responses to the hacked emails from the Climate Research Unit at the University of East Anglia. The emails seem to show leading global warming scientists massaging data to generate the result they prefer (i.e., “I’ve just completed Mike’s Nature trick of adding in the real temps to each series for the last 20 years … to hide the decline”), scheming to squelch opposing evidence (i.e., “I can’t see either of these papers being in the next I.P.C.C. report. Kevin and I will keep them out somehow—even if we have to redefine what the peer-review literature is!”), admitting to a need to hide certain data from critics (“If they ever hear there is a Freedom of Information Act now in the UK, I think I’ll delete the file rather than send to anyone”), and even confessing that they were “tempted to beat” up researchers with opposing viewpoints.

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Innovation & the New Economy

Symposium Wrap Up

TOTM Thanks to all of our participants and readers for the blog symposium–both the posts and the comments were engaging and thoughtful, and I hope these . . .

Thanks to all of our participants and readers for the blog symposium–both the posts and the comments were engaging and thoughtful, and I hope these entries will be helpful in the ongoing debate over credit cards and interchange fees.

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Antitrust & Consumer Protection