Law

The Wicked Problem Embodied by The Twitter Files

In response to a recent ProMarket post about the Twitter Files, professor Tom Ginsburg points out that the toughest question lies in...

What Citizens United Did Not Predict and Why It’s Time To Reconsider

Citizens United v. FEC stands in the public eye as the U.S. Supreme Court case that flooded U.S. elections with “dark money”...

Understanding the Virtues of the Robinson-Patman Act Requires Understanding When It Is Most Effective

The literature on the benefits of the Robinson-Patman Act for consumer welfare is often contradictory. Professors Roman Inderst and Tommaso Valletti argue...

Can The Robinson-Patman Act Be Salvaged?

Adding to ProMarket’s discussion of the Robinson-Patman Act, Herbert Hovenkamp argues that – among other issues– the law was captured by special...

Cultural Capture of Antitrust Is More Likely in America than Europe

Jan Broulík’s new article explores whether so-called cultural capture may develop in antitrust policies on either side of the Atlantic and what...

Why Are So Few Law Professors Interested in Antitrust?

Over the past five years, there have been 417 self-reported new US law professor hires. Over those five years, only seven candidates...

Holding Corporations and Executives Accountable Depends on Our Legal System

How can the law prevent and deter corporate wrongdoing? The answer might lie in identifying what factors are associated with greater wrongdoing...

The Secret Code of Capital and the Origin of Wealth Inequality

Capital is not a thing, but a social relation enforced by the law and the state. With the right legal coding, any object, claim,...

LATEST NEWS

Income Inequality May Worsen the Spread of Infectious Disease

Income inequality may exacerbate the spread of infectious diseases. In a new paper, Jay Bhattacharya, Joydeep Bhattacharya, and Min Kyong Kim examine the relationship between income inequality and the incidence and prevalence of tuberculosis across countries.

The Classic Theory of Albert O. Hirschman Argues Against the US Chamber’s Case for Non-Competes

Drawing on the theory of Albert O. Hirschman’s  Exit, Voice, and Loyalty, Brian Callaci argues non-compete clauses stifle the important channels of communication between employees and businesses necessary for improving firm competitiveness. The evidence also shows that, despite claims from businesses, non-competes harm rather than reward employees for their loyalty. 

AI For the Antitrust Regulator

Cary Coglianese lays out the potential, and the considerations, for antitrust regulators to use machine learning and artificial intelligence algorithms.

Creation over Time in Copyright and Patent

On May 18, the United States Supreme Court decided two intellectual property cases with two seemingly different results. A closer look, however, reveals a complimentary concern with the monopolistic power of first movers and how the legal system should enable innovation from second movers over time, writes Randy Picker.

ESG Standards’ Good, Bad and Ugly

The Stigler Center for the Study of the Economy and the State hosted a virtual event discussing the standards, metrics and disclosures of investments focused on Environmental, Social and Governance (ESG) goals. The following is a transcript of the event.