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This article responds to James Keyte, Paul Eckles, and Karen Lent’s article “From Hydrogen Peroxide to Comcast: The New Rigor in Antitrust Class Actions” (“The New Rigor”). It argues that The New Rigor offers valuable strategic advice to defense counsel – and insight into defense counsel’s strategic thinking – but is much less effective as an objective statement of the law or a normative argument for legal reform. In the parlance that I adopt, The New Rigor succeeds in the role of coach but much less so in the roles of commentator and critic.

Many jurisdictions fine illegal cartels using penalty guidelines that presume an arbitrary 10% overcharge. This article surveys more than 700 published economic studies and judicial decisions that contain 2,041 quantitative estimates of overcharges of hard-core cartels. The primary findings are: (1) the median average long-run overcharge for all types of cartels over all time periods is 23.0%; (2) the mean average is at least 49%; (3) overcharges reached their zenith in 1891–1945 and have trended downward ever since; (4) 6% of the cartel episodes are zero; (5) median overcharges of international-membership cartels are 38% higher than those of domestic cartels; (6) convicted cartels are on average 19% more effective at raising prices as unpunished cartels; (7) bid-rigging conduct displays 25% lower markups than price-fixing cartels; (8) contemporary cartels targeted by class actions have higher overcharges; and (9) when cartels operate at peak effectiveness, price changes are 60–80% higher than the whole episode. Historical penalty guidelines aimed at optimally deterring cartels are likely to be too low.

Alasdair MacIntyre’s path-breaking book After Virtue launched him into a place of prominence in social and moral philosophy. Two central, and still relevant, themes are identifiable in the corpus of MacIntyre’s work. First, advanced modernity is in a perilous state because of the philosophical creation of the emotivist self. Second, virtue must be reclaimed if the crisis in moral philosophy is to be addressed and an institutional world worthy of what we are as human beings is to be built. MacIntyre’s heroic effort in this regard is a new presentation of a Thomistic Aristotelianism but he was not naïve about the chances of his project’s success. Emotivism has made it extremely difficult for a virtue perspective to even gain a hearing. MacIntyre proposed a way forward different from abstract theorising. He felt that at this point we could, and had to, learn how to act from accounts of exemplary lives. This chapter presents the wisdom of legendary basketball coach John Wooden as a contribution to aid in the recovery of virtue. The central claim being made is that it is long overdue that John Wooden should take his rightful place in the virtue tradition in ethics. This work gives John Wooden’s conception of leadership that flows from his understanding of virtue the attention it deserves. The examination of John Wooden’s life undertaken bridges virtue theory and leadership. Several other key elements of MacIntyre’s thought set the structure of the inquiry. The chapter begins with a biographical sketch of Wooden’s life because of the stress that MacIntyre places on tradition and narrative unity. The basis of Wooden’s reflection on virtue, the tradition informing his practical reasoning, is a selected canon of Western civilisation, its great literature and the Bible. The Midwestern values of hard work, honesty, faith, and caring for one’s family are also significant. MacIntyre places great emphasis on the need to understand the story of a life and, in particular, the need to understand how development was aided or hindered in childhood and what kind of apprenticeship into a practice was available. The singular influence John Wooden’s father had on his life is documented. The role that John Wooden’s teachers, coaches and mentors played in initiating him into the practice of coaching is reviewed. The experiential base for Wooden’s derivation of his emotionally healthy definition of success and his well thought out conception of the virtues is thus put in place. MacIntyre summarises the teleological structure of human life and the role of virtue in human flourishing by contrasting man-as-he-happens-to-be with man-as-he-should-be-if-he-realised-his-essential-nature. John Wooden’s Pyramid of Success identifies the combination of personal qualities and values, virtues, that fulfil MacIntyre’s second term, that are intrinsic to reaching one’s potential as a person. The 15 qualities Wooden gives – industriousness, enthusiasm, friendship, loyalty, cooperation, self-control, alertness, initiative, intentness, condition, skill, team spirit, poise, confidence, competitive greatness – are defined and illustrated. The rationale for the qualities and for their placement into a coherent whole is discussed. Basic elements of John Wooden’s leadership genius are then brought out. Leaders need to get the culture right, build cohesive teams, and be guided by a moral topline.

A discipline is bound by some combination of a shared subject matter, shared theory, and shared technique. Yet modern economics is seemingly without limit to its domain. As a discipline without a shared subject matter, what is the binding force of economics today? The authors combine topic modeling and text analysis to analyze different approaches to inquiry within the discipline of economics. The authors find that the importance of theory has declined as economics has increasingly become defined by its empirical techniques. The authors question whether this trajectory is stable in the long run as the binding force of the discipline.

The Bureau of Economics in the Federal Trade Commission has a three-part role in the Agency and the strength of its functions changed over time depending on the preferences and ideology of the FTC’s leaders, developments in the field of economics, and the tenor of the times. The over-riding current role is to provide well considered, unbiased economic advice regarding antitrust and consumer protection law enforcement cases to the legal staff and the Commission. The second role, which long ago was primary, is to provide reports on investigations of various industries to the public and public officials. This role was more recently called research or “policy R&D”. A third role is to advocate for competition and markets both domestically and internationally. As a practical matter, the provision of economic advice to the FTC and to the legal staff has required that the economists wear “two hats,” helping the legal staff investigate cases and provide evidence to support law enforcement cases while also providing advice to the legal bureaus and to the Commission on which cases to pursue (thus providing “a second set of eyes” to evaluate cases). There is sometimes a tension in those functions because building a case is not the same as evaluating a case. Economists and the Bureau of Economics have provided such services to the FTC for over 100 years proving that a sub-organization can survive while playing roles that sometimes conflict. Such a life is not, however, always easy or fun.

The Supreme Court’s decision in Federal Trade Commission v. Actavis, Inc. is a challenge to conventional antitrust analysis. Conventional civil antitrust cases are decided by a preponderance of the evidence. This means that conduct challenged under the rule of reason is only condemned if the conduct resulted in more competitive harm in the actual world than a world without the alleged violation. Under conventional analysis, the intent of the parties also plays only a supporting role in determining whether the conduct was anticompetitive. A holder of a valid patent has a right to exclude others practicing the patented technology. And, the patent holder is not assumed to have market power because it expended resources in maintaining exclusionary rights. Actavis creates doubts about these propositions in circumstances beyond the “reverse” payment settlement of a patent suit that may have delayed an alleged infringer market entry. This chapter explores whether applying Actavis logic to antitrust litigation can result in condemnation of practices where there is little chance of an anticompetitive effect, where the patent holder likely has a valid and infringed patent, where there is little reason to believe that the patent holder has market power, and where only one party, or no parties, to an agreement have an anticompetitive intent. This chapter also investigates whether Actavis creates new problems with standing analysis, damages calculations, and the balancing of efficiencies against anticompetitive effects. Nevertheless, the lower courts have begun to extend the logic of Actavis. This is apparent in the condemnation of no-Authorized-generic settlements.

In a multicase qualitative study, inclusive school leaders attempted to move their schools from the excessive use of suspension; they employed positive behavioral intervention and support (PBIS) as an alternative they thought would be therapeutic rather than punitive. However, the PBIS system traded a disciplinary system of control for a medicalized system of restoring order. Unwanted behavior came to be defined as evidence of possible behavioral disability. Hence, the PBIS system exchanged one deficit identity of “disorderly” student for another of “disordered” student, subsuming other considerations of race, class, and gender identity. Following the study’s findings, this chapter proposes more liberatory practices for PBIS that interrupt dominant culture discourses of normal behavior and power, and hold promise for establishing justice, rather than simply reinstating order.

The growing displacement of theory and other forms of wide-ranging knowledge of social phenomena by empirical research methods in economics is widely noted by economists and historians of economic knowledge. Less attention has been devoted, however, to understand the materialization of such changes in the scientific practices. This article studies the recent transformations in the epistemological practices at CEDE, a research center in Colombia. I use a machine learning technique called Topic Modeling, interviews to CEDE researchers, and exegesis of papers to characterize a shift in the production of knowledge in microeconometrics at CEDE during the years 2000 and 2018. I explain this shift by characterizing two sets of epistemological practices that implies a recent tendency to disdain research that cannot make a “strong” causal inference.