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Business Rights Watch

Should Law Schools Teach Rent-Seeking?

by Roger Donway | Feb 02, 2012

In the old days, circa 1900, American businessmen had to twist their minds into pretzels in order to pretend that some desired governmental intervention criminalizing rival companies was compatible with free enterprise. In the middle of the twentieth century, it was easier: Businessmen could portray governmental interventions criminalizing rivals as undoubted exceptions to free enterprise but as actions demanded by national security—and as actions targeting less patriotic rivals.

Conrad Black's New Book

by Roger Donway | Feb 01, 2012

Conrad Black’s book on his legal ordeal, A Matter of Principle, has now been published (it can be ordered from Amazon here) and The New Criterion’s February issue has a review of it, “The persection of Lord Black,” by Andrew C. McCarthy.

Obama’s Financial Investigator: “Too Liberal” for Cuomo

by Roger Donway | Jan 29, 2012

In his State of the Union address, on January 24, President Obama said: "I’m asking my Attorney General to create a special unit of federal prosecutors and leading state attorney general [sic] to expand our investigations into the abusive lending and packaging of risky mortgages that led to the housing crisis. This new unit will hold accountable those who broke the law, speed assistance to homeowners, and help turn the page on an era of recklessness that hurt so many Americans.”

Enforcing U.S. Business Crimes Abroad

by Roger Donway | Jan 28, 2012

Leftists often insist—and quite rightly—that it is foolish for America to try to impose its political system on countries with fundamentally different cultures. But will they speak out against the American government’s increasing attempts to impose our legal system on countries with fundamentally different cultures? Michael Volkov (background here) points out at his blog “Corruption, Crime & Compliance” just how far the U.S. invasion has gone.

Waiting for Gershon

by Alexander R. Cohen | Dec 29, 2011

 “The law’s delay” is proverbial; there are snails sculpted on the flagpoles at the Supreme Court. But how long should a person sit in prison waiting for the court that convicted him to decide whether what he was convicted of doing was actually a crime? Bradley J. Stinn’s lawyers think he’s been waiting too long—and they’ve asked an appellate court to order Judge Nina Gershon to make a decision.

You've Got to be Carefully Taught

by Roger Donway | Dec 04, 2011

You got to be taught before it’s too late,
Before you are six or seven or eight
To hate all the people your relatives hate,
You’ve got to be carefully taught.

Over-criminalization vs Creeping Criminalizaton

by Roger Donway | Nov 28, 2011

On Tuesday, November 22, Merck announced that it had reached a half-billion-dollar agreement with numerous state governments and with the federal government to settle civil charges that the company had illegally promoted Vioxx for off-label uses and that it had misrepresented the drug's risks.

Why Care About Rajat Gupta?

by Alexander R. Cohen | Nov 07, 2011

Rajat Gupta

If you’re one of the many Americans—including both Tea Partiers and Occupiers—angry at privileged people who seem to make private profits on socialized risks, you may feel a certain schadenfreude at the news that Ra