The Archives

The collection of all scholarly commentary on law, economics, and more

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Becker on Chicago's Anti-Big Box Ordinance

Gary Becker has an important post on the political economy and economic consequences of Chicago’s Big Box ordinance which would raise the costs of using low skilled labor for the affected retailers. The punchline is not surprising. It is a bad ordinance that “will hurt the very groups, African-Americans and other poor or lower middle ... Becker on Chicago's Anti-Big Box Ordinance

Posner on the Overlapping Generations of Law and Economics

Richard Posner reviews Steven Shavell’s Foundations of Economic Analysis of Law in the most recent issue of Journal of Economic Literature (June 2006). Not to take anything away from Posner’s review of the merits of Shavell’s treatise, and his detailed analysis of Shavell’s treatment of particular areas of law (e.g. intellectual property), but to me ... Posner on the Overlapping Generations of Law and Economics

PCAOB’s position on spring-loading

PCAOB recently issued an audit practice alert entitled Matters Related to Timing and Accounting for Option Grants. The alert mostly addresses option backdating and potential resulting improper accounting. Spring-loading is only mentioned in a footnote on page 2: In addition, academic research has suggested the possibility that some issuers may have purposely granted options immediately ... PCAOB’s position on spring-loading

Walter Williams on the "Truly Disgusting" Internet Gambling Crackdown

Here’s a taste: If the Internet Gambling Prohibition Act is approved, it will become a precedent for congressional control over other aspects of the Internet and an important loss in our liberty. Let’s follow the money and ask who benefits should the law be passed. What about legal gambling establishments in Las Vegas, Atlantic City ... Walter Williams on the "Truly Disgusting" Internet Gambling Crackdown

Road Trip With Judge Robert Bork

I was in the car for 10 hours this weekend, driving from Richmond, VA, to upstate New York.  Though Judge Robert Bork was not technically in the car with me, I spent most of my driving hours listening to his book, Slouching Towards Gomorrah, on tape.  (I borrowed the book on tape two or three ... Road Trip With Judge Robert Bork

Bill Henderson Responds: The Empirics of Affirmative Action, Part II

A few days ago I asked about where we stand on the empirics of affirmative action, and more specifically, Richard Sander’s well known result that affirmative action at law schools harms blacks. I even called out folks who had been following the debate more closely: I am really looking for empirical answers from folks that ... Bill Henderson Responds: The Empirics of Affirmative Action, Part II

HCA Deal has "go shop" provision

I took a quick look at the HCA merger agreement to see whether any provisions would catch my eye. One did. The agreement contains a “go shop” provision (see earlier discussion of “go shops” here). Until 11:59 p.m. (EST) on September 12, 2006, HCA is free to solicit competing bids (see Section 7.4), although if ... HCA Deal has "go shop" provision

Where do We Stand on The Empirics of Affirmative Action?

Has the empirical question of whether affirmative action harms blacks been answered with a resounding no? Paul Butler thinks so. In a post about UCLA Professor Richard Sander’s next installment of research, Butler writes: UCLA law professor Richard Sanders has done it again. He wrote an article a few years ago making the claim that ... Where do We Stand on The Empirics of Affirmative Action?

Single Member Board Committees

Today’s W$J has an article describing some of the option granting practices at Brocade (see here). Among them was the creation of a one member compensation committee consisting of Brocade’s CEO, Greg Reyes. The article gives the following as the reasoning: The process of granting stock options was cumbersome because the compensation committee met only ... Single Member Board Committees

Organ Markets, Social Justice, and the Poor: A Reply to Professor Pasquale

Frank Pasquale at Madisonian is concerned that organ markets do not show enough concern for the poor. He writes: I’d be more sympathetic to the economic approach to the topic if it showed a bit more concern for the plight of those unable to pay for organs (and for the very poor in LDC’s whose ... Organ Markets, Social Justice, and the Poor: A Reply to Professor Pasquale

Charges filed against Brocade CEO for option backdating

Story here. The SEC will hold a Webcast press conference at 5pm E.D.T. (click here).

Apparently, some of us do more than just blog once in a while

I’m sure you noticed that Bill’s recent draft is, deservedly, the most downloaded corporate law paper in the last 3 months over at SSRN.  It also turns out that Josh has been pretty busy himself.  In fact, according to Brian Leiter, Josh is 19th in the list of authors with at least three papers with the ... Apparently, some of us do more than just blog once in a while