James C. Cooper

Associate Professor of Law and Director, Program on Economics & Privacy

Antonin Scalia Law School, George Mason University

James C. Cooper

Associate Professor of Law and Director, Program on Economics & Privacy

Antonin Scalia Law School, George Mason University

Associate Professor of Law James C. Cooper brings over a decade of public and private sector experience to his research and teaching. He served as Deputy and Acting Director of the Federal Trade Commission’s Office of Policy Planning, Advisor to Federal Trade Commissioner William Kovacic, and an associate in the antitrust group of Crowell and Moring, LLP. His research on vertical restraints, price discrimination, behavioral economics and antitrust, and privacy policy have appeared in top journals and are widely cited.

Professor Cooper has a BA from the University of South Carolina, received his PhD in economics from Emory University, and his law degree (magna cum laude) from Antonin Scalia Law School, George Mason University, where he was a Levy Fellow and a member of the George Mason Law Review.

He teaches Economics for Lawyers, Advanced Seminar on Law & Economics, and Digital Information Policy Seminar.

Contributions

Deep Dive Episode 120 – FTC Rulemaking: Underutilized Tool or National Nanny Renewed?

July 13, 2020

This expert panel examines recent calls for the Federal Trade Commission (FTC) to engage in substantive rulemaking under the competition and consumer-protection prongs of Section 5 of the FTC Act. How far does FTC statutory authority under 6(g) extend? Is rulemaking appropriate as a matter of policy? How has FTC rulemaking fared in the past and what guideposts should apply?

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FTC Rulemaking: Underutilized Tool or National Nanny Renewed?

July 13, 2020

This expert panel examined recent calls for the Federal Trade Commission (FTC) to engage in substantive rulemaking under the competition and consumer-protection prongs of Section 5 of the FTC Act. How far does FTC statutory authority under 6(g) extend? Is rulemaking appropriate as a matter of policy? How has FTC rulemaking fared in the past and what guideposts should apply?

FTC Commissioner Noah Phillips gave honorary introductory remarks.

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Deep Dive Episode 119 – FTC Remedial Authority: Powers, Process, and Suggestions for Reform

July 7, 2020

How does the Federal Trade Commission (FTC) calculate consumer injury and civil penalties in consumer protection matters? This live podcast will discuss the FTC’s remedial powers, process, and suggestions for reform, including how the Supreme Court’s recent ruling in Liu v. SEC and other cases may impact the FTC going forward.

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2018 JLEP Symposium: Regulating the Modern Workforce

March 7, 2018

Government regulation is intended to improve the efficiency of markets and protect people from harms they cannot identify or prevent on their own. But, for decades, advocates have debated whether the regulatory process and rules developed through it are too strict or too lax; whether they properly account for all the things society values; and even whether they make society better or worse off on balance. The Journal of Law, Economics & Policy’s Symposium on Regulatory Reform, Transparency, and the Economy explored these and related questions as leading scholars and practitioners examined a number of recent regulatory proposals impacting a broad swath of the American economy – from banking and finance to energy and the environment, and from employment law to the internet economy. Speakers considered and debated how well these proposals would perform their intended functions and how they might be improved.

The symposium featured discussions of research papers prepared by experts working on the Federalist Society’s Regulatory Transparency Project. The proceedings of the Conference were published in a special symposium issue of George Mason’s Journal of Law, Economics & Policy.

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Occupational Licensing, Antitrust, and Innovation

August 14, 2017

Every state has laws or regulations that require individuals seeking to offer a certain service to the public first to obtain approval from the state before they may operate in the state. Recent years have seen a significant proliferation of such laws, with less than 5% of jobs in the American economy requiring a license in the 1950’s to between 25-30% today. Although licensing in some occupations may benefit the public by reducing information asymmetry and/or ensuring a minimum quality level for a particular service, the significant growth in the number of occupations governed by some form of licensing requirements poses a potential threat to competition and consumer welfare. Our panel of experts discussed these important issues.

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Occupational Licensing and the American Dream

James C. Cooper, Koren Wong-Ervin, and Joshua D. Wright

July 13, 2017

More than a quarter of the American labor force requires a state license to work, a five-fold increase since the 1950s. Occupational licensing imposes restrictions on competition in every reach of the modern economy — with pernicious effects.

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