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Truth on the Market 

Academic commentary on law, business, economics and more.
Post Frequency: 39.9/day Last Entry: April 01, 2011 at 00:51:38 Recent Entries: 1318
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Economics & Ideology Again
Posted on June 16, 2008Crooked Timber has a very interesting post up on the minimum wage debate (HT: Brian Leiter). I want to comment on the sub-theme of the post (and the theme picked up in the title of Leiter’s post), which was that economics ideologically driven by pro-market bias which results in the publication of pro-market findings over [...
Kobayashi & Wright on Antitrust Limits, Federalism and Patent Holdup
Posted on June 16, 2008I’ve posted to SSRN my new article (co-authored by my colleague Bruce Kobayashi), Federalism, Substantive Preemption, and Limits on Antitrust: An Application to Patent Holdup. We presented an earlier version of our analysis at the George Mason/ Microsoft Conference on the Law and Economics of Innovation and benefited significantly from comments from the [...
The Future of Law and Economics on SSRN
Posted on June 15, 2008I’ve compiled (with some light editing) the blog posts from the future of law and economics series into an article, including the response from Henry G. Manne, entitled “The Future of Law and Economics: A Discussion.” For those interested in reading the blog posts in their original form, along with the comments, I’ve indexed the [...
Global Competition Review FRAND Roundtable
Posted on June 15, 2008Global Competition Review recently sponsored a roundtable on FRAND commitments and their antitrust implications. The transcript is available here. It was moderated by Helen Jenkins (Oxera), and participants included Bernard Amory (Jones Day), George Cary (Cleary Gottlieb, advising Broadcom in its suit against Qualcomm), Damien Geradin (Howrey, advising Qualcomm), Matias Dewatripont (Universite Libre [...
RPM and the NIE
Posted on June 12, 2008I’ve just spent a couple of great days in spectacular Boulder, Colorado at a conference on the New Institutional Economics (NIE). (Not sure why the “the” is required, but it always seems to be used.) The conference, organized by Colorado Law’s Phil Weiser and hosted by the Silicon Flatirons Center for Law, Technology, [...
Pioneers in Law and Economics: Benjamin Klein
Posted on June 12, 2008I’ve mentioned previously that my colleague Lloyd Cohen and I are editing a volume for Edward Elgar Publishing on Pioneers in Law and Economics. Look for details in this space soon on a full list of contributing authors and subjects as well as where to buy the book! One of the perks of co-editing a [...
GCP on Single Product Rebates and Bundled Discounts
Posted on June 12, 2008Global Competition Policy has a new issue out focusing on the antitrust analysis of single product rebates and bundled discounts in the United States and Europe, including articles from: H.E. Frech (UCSB) Benjamin Klein (UCLA and LECG) Jonathan Rubin (Patton Boggs) M...
Three From Professor Elhauge on Antitrust
Posted on June 11, 20082008 has been a busy year for Harvard Professor Einer Elhauge so far from the looks of his SSRN page (not to mention advising Senator Obama on legal policies). He’s posted three new working papers covering a diverse set of antitrust topics: Loyalty Discounts and Naked Exclusion (purporting to “prove that loyalty discounts create anticompetitive [...
Are Loyalty Discounts Really Anticompetitive?
Posted on June 11, 2008I promised that I would write about why I think that Professor Elhauge’s claim in his new working paper, “Loyalty Discounts and Naked Exclusion,” that he has proven that loyalty discounts generally involve anticompetitive effects is mistaken...
Poker Cheating Scandal at Ultimate Bet
Posted on June 09, 2008Its a few weeks old now, but apparently a couple of former employees were able to bilk online rivals of a lot of money at Ultimate Bet. How? Certain players gained an unfair advantage through their ability to see their opponents’ hole cards. In a game of incomplete information, the ability to see an opponent’s hole [...
EU/US Convergence in Competition Policy
Posted on June 08, 2008FTC Chairman William Kovacic, easily one of the most insightful thinkers and writers on issues of global competition policy, has posted a new paper offering a thoughtful analysis of where the EU and US competition policy systems have been, where they are going, what institutional differences might cause the systems to converge or diverge further, [...
Advice for Economics Graduate Students
Posted on June 06, 2008From Peter Boettke at the Austrian Economists blog. Boettke gives detailed advice on how to prepare for your first year of a graduate program in economics, but the general message of the advice is more broadly applicable. I agree with virtually everything he says about the economics (start writing early and read lots of Alchian [...
Growthology
Posted on June 06, 2008Growthology is a new economics blog by Tim Kane and Bob Litan that, as the name suggests, focuses on all things to do with economic growth and particularly, entrepreneurship. Yesterdays posts include an interview with SSRN founder Mike Jensen. (HT: Peter Klein).
Conference: The Economics and Law of the Entrepreneur
Posted on June 05, 2008The Searle Center on Law, Regulation and Economic Growth at Northwestern University School of Law is continuing its excellent run of conferences with an event on June 18th-19th organized by Daniel Spulber centering around some new (and very interesting looking) papers on economic and legal issues involving entrepreneur and discuss high quality research relevant to [...
Mankiw Makes the Case for McCain’s Corporate Tax Cut
Posted on June 01, 2008The article is in the NY Times (HT: Mankiw). An excerpt: A cut in the corporate tax as Mr. McCain proposes would initially give a boost to after-tax profits and stock prices, but the results would not end there. A stronger stock market would lead to more capital investment...
Interesting Panel on FTC Merger Litigation — June 5
Posted on May 23, 2008Antitrusters in D.C. ought to head to the National Press Club at noon on Thursday, June 5. At that time, the Federalist Society’s Corporations, Securities, and Antitrust Practice Group will host a panel discussion entitled Assessing Recent FTC Merger Litigation: One Win, One Loss, One Tie...
A Few Antitrust Links
Posted on May 21, 2008Antitrust Review reports on Obama on Antitrust (”?We?re going to have an antitrust division in the Justice Department that actually believes in antitrust law. We haven?t had that for the last seven, eight years”) Danny Sokol wants you to sign the letters at the link to support direct appropriations for technical assistance Commissioner Rosch on the State [...
The Future of Law and Economics Part 6: Wrap Up & A Brief Reply to Manne on Empirical L&E
Posted on May 21, 2008In Part V of the series on the future of law and economics (Parts I, II, III, and IV), Henry Manne graciously offered a reply to my thoughts on where L&E might be headed and why. I encourage the readers interested in the series to take time to re-read Henry’s response in its [...
Peter Klein on Benkler’s Wealth of Networks
Posted on May 21, 2008Peter’s concise and insightful book review is available here and is forthcoming in the Fall 2008 issue of The Independent Review.
FINRA Rules
Posted on May 15, 2008As you may be aware, in July 2007, the NASD and the member regulation, enforcement and arbitration functions of the New York Stock Exchange were consolidated into the Financial Industry Regulatory Authority (FINRA). Technically, NYSE Regulation functions and employees were transferred to the NASD, and the NASD changed its name to FINRA...
A softball is not so soft when it hits you in the face
Posted on May 15, 2008So I was playing centerfield in softball the other night, lost the ball in the sun, and ended up with seventeen stitches (4 internal, 13 external) over my right eyebrow. Unpleasant picture after the jump.
And the Clear Channel litigation will not continue….
Posted on May 14, 2008The news just broke that the Clear Channel acquisition litigation ? both in Texas and New York - is on the road to being settled, with the parties having penned a new set of agreements tonight, providing for the acquisition of Clear Channel by Thomas H...
Clear Channel Litigation Is Going To Trial! Or not….
Posted on May 13, 2008I have just been told by someone who attended the 10:45 a.m. hearing this morning in Justice Helen Freedman’s courtroom in New York state court that the Clear Channel litigation brought by private equity buyers against their lenders ? the litigation that the media kept saying over the past two days was *about* to settle ? [...
The Future of Law and Economics Part 5: A Reply From Henry Manne
Posted on May 13, 2008I’ve had a wonderful time writing this series on the future of law and economics. When I started the series (Part I, Part II, Part III, and Part IV), I thought it would be a fun thought experiment for me to think through aloud and hopefully start a valuable conversation...
FTC to Dr. Miles: “I Wish I Knew How to Quit You!”
Posted on May 08, 2008In April 2000, the FTC issued a Complaint against women’s shoe distributor Nine West, claiming that Nine West had engaged in minimum resale price maintenance (RPM) (i.e., the setting of minimum prices that retailers could charge for its shoes). Apparently, Nine West was providing retailers with lists of “off limits” or “non-promote” shoes that [...
Hell No, Don’t Let Them Go!
Posted on May 08, 2008My colleague and fellow UCLA alumnus Thomas Hazlett and I have published an op-ed in the Chicago Tribune proposing a partial solution, partially inspired by the early exit of Kevin Love from our beloved Bruin basketball squad, to the problem of early exit by potential NBA draftees...
Cato Book Forum: Steven Teles on May 14th at Noon
Posted on May 08, 2008A new Cato Book Forum Wednesday May 14th at Noon: Featuring the author, Steven Teles, University of Maryland and Yale University Law School, with comments from Roger Pilon, Cato Institute and Hon. David McIntosh, Mayer, Brown, Rowe & Maw, former Member of Congress (R-IN), Federalist Society Co-Founder...
The Future of Law and Economics Part 4: Potential Solutions
Posted on May 06, 2008In a series of posts (Part I, Part II and Part III), I’ve sketched out how the trend toward increasing detachment in L&E scholarship might reduce the influence of the L&E movement at the retail level and become its ultimate undoing. I must say, writing this series has been a lot of fun but has [...
The Future of Law and Economics: Does Behavioralism Offer Hope for the Non-Technical?
Posted on May 06, 2008Josh?s series-in-progress on the future of law and economics (Part I, Part II, Part III?and more to come) is simply fantastic. It?s also a bit depressing for those of us who are economically inclined but lack the skill set required to do sophisticated modeling and/or rigorous empirical work...
The Future of Law and Economics Part 3: L&E Scholarship
Posted on May 05, 2008In previous posts (Part I and Part II) I discussed the increasing trend towards formal mathematics in L&E scholarship and some of the potential issues this raises for the L&E movement as it becomes more detached from the legal academy. This post focuses on another question: What will L&E scholarship in law [...
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Housing Market: Mixed Signals about Falling Prices for February
Two reports have been issued, one by the Massachusetts Association...
Fish on "Religion Without Truth"
Here's a (relatively) recent Stanley Fish Think Again column, call...
Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
This is a very tough situation your friend is in. It is difficult to know the ex...
Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
Iam interested in tapping the local online search market how do people set up a services like localpull.com or areacodelocal.com? Is there any software that does the job? localpull.com/ areacodelocal are services that he
sign-up on LocalPull. The service is amazing. We love it....
Is it possible to terminate a contract with a real estate brokerage?
First, the Realtor cannot force you to reduce your price. It probably does dissu...
Need urgent answer. Never signed Truth in Lending Disclosure docs - docs at closing had different terms and rates than what we had originally signed up for in the Loan Application. Signed closing docs as assured it would
you have three days to change your mind after closing a re-fi...

Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
This is a very tough situation your friend is in. It is difficult to know the ex...
Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
Iam interested in tapping the local online search market how do people set up a services like localpull.com or areacodelocal.com? Is there any software that does the job? localpull.com/ areacodelocal are services that he
sign-up on LocalPull. The service is amazing. We love it....
Is it possible to terminate a contract with a real estate brokerage?
First, the Realtor cannot force you to reduce your price. It probably does dissu...
Need urgent answer. Never signed Truth in Lending Disclosure docs - docs at closing had different terms and rates than what we had originally signed up for in the Loan Application. Signed closing docs as assured it would
you have three days to change your mind after closing a re-fi...








