Re: Conservatives calling for DOJ action

[James Love <love@cptech.org>]

I was astonished when I heard, after the Cato debate, that Bork had been
hired by Netscape.  I couldn't imagine a more unlikey pairing.  Anyone
who looks at Antitrust usually reads Bork's "Antitrust Paradox," which
is almost a bible for the University of Chicago School.  It was as if
heard that Ralph was going to do Ads for Chevy or something.  This must
be very confusing for Bork's followers.

I do not think that Bork will necessarily have to reverse himself
technically, since most people (not Cato's Levy, who said at the debate
he was not aware of a single case where a private monopoly had abused
its market position, ever) leave themselves some room, based upon facts
of a particular case.  Just like we don't oppose every merger (far from
it), Bork, apparently, doesn't think the antitrust laws should be
repealed or unenforced. 

Still, Bork should have the right to change his mind.  I don't think
really bright intellectuals spend their entire careers without at least
a couple changes.  Quite a few right wing conservatives were once on the
left, James Glassman was introduced as a former liberal at the Cato
event, as if this led extra credibility to his current views.  Moving
from the left to the right is common, predictable and usually considered
evidence of maturity and wisdom, by some, so I don't think consistency
by itself is that highly honored, in practice.

Of course, I don't blame people who wonder if Bork just has a price,
which Netscape found.

  Jamie

-- 
James Love
Consumer Project on Technology
P.O. Box 19367, Washington, DC 20036
love@cptech.org | http://www.cptech.org
voice 202.387.8030, fax 202.234.5176