Digital Commons Network^™

Emerging Growth Companies Under The Jobs Act: An Analysis Of The "Ipo On-Ramp, Kiersten Zaza

Global Markets Law Journal

No abstract provided.

Bear Stearns And Lehman Brothers: Was Tbtf A Factor?, Natalie Warrington

Global Markets Law Journal

No abstract provided.

Admission Of Guilt: Sinking Teeth Into The Sec's Sweetheart Deals, Larissa Lee

Global Markets Law Journal

Throughout its existence, the Securities and Exchange Commission (SEC) has allowed defendants to settle cases without admitting to the allegations of wrongdoing. This “neither admit nor deny” policy has received heavy criticism by judges, Congress, and the public, especially in the wake of the 2008 financial crisis. On June 18, 2013, SEC Chairman Mary Jo White announced the agency’s intention to require admissions of guilt in certain cases. While Chairman White did not articulate a clear standard of when admissions would be required, she did say that the agency would focus on the egregiousness of the defendant’s conduct and the …

The Trademark Holi Wars And The Case For Protecting Religious And Cultural Symbols And Names From Commercial Exploitation, Brooke Olaussen

Journal of the Patent and Trademark Office Society

Abstract

A market for commercial Holi festivals has emerged worldwide, promulgated by a handful of independent entrepreneurs, and inspired by the original Holi festival – a Hindu religious and cultural holiday where the participants celebrate the arrival of spring by throwing colorful powders and dye in the air and onto each other. The commercial iterations of the Holi festival feature electronic dance music, beer and, of course, the colored powder.

The increasing popularity of such commercial Holi festivals has sparked a trademark filing war in the European Union to claim the right to the exclusive commercial use of HOLI for …

Patent Pr, Eric L. Lane

Journal of the Patent and Trademark Office Society

This article sheds new light on patent signals by building and analyzing a data set of patent-focused press releases generated by patent holders and cataloging the subject matter contained therein. It offers a taxonomy of patent-focused PR content and calculates the relative proportions of patent PR relating to the categories of Prosecution; Litigation; Transaction; Post-Grant Procedure; Honors/Accolades; Patented or Patent-Pending Product; ANDA Patent Challenge; and Miscellaneous. Within these top-level categories, this study calculates the relative proportion of second-level subject matter categories. In the Prosecution category, for example, this study calculates the proportion of press releases involving the categories of Patent …

No Gaiety Here: The Plight Of Undocumented Lgbt Youth In America, Eviana Englert

Indonesian Journal of International and Comparative Law

No abstract provided.

Triangular Treaties: The Nature And Limits Of Investment Treaty Rights, Anthea Roberts Prof

Harvard International Law Journal

Investment treaties are triangular treaties. Investment treaties are entered into by two states but they are unusual because they provide enforceable protections to investors as third party beneficiaries. State A (the host state) agrees to provide certain protections to investors coming from State B (the home state). If the investor considers that these protections have been violated, investment treaties also grant the investor permission to bring an arbitral claim directly against the host state.

Investment treaties clearly protect investors against certain unilateral actions by host states, such as expropriation without compensation. But do they also protect investors against unilateral actions …

At The Intersection Of Social Media And Rape Culture: How Facebook, Texting And Other Personal Communications Challenge The “Real” Rape Myth In The Criminal Justice System, Courtenay Daum, Holly Boux

University of Illinois Journal of Law, Technology & Policy

The “real” rape frame informs how both the criminal justice system and society in general understand rape and operationalize it as a crime. A significant contributor to the maintenance of rape culture in the United States is the belief that acquaintance rapes are not “real” rapes and that women who suggest otherwise are liars. The he said/she said dynamics of acquaintance rapes create ambiguities that work to the detriment of female victims seeking to pursue their cases in the criminal justice system because uncertainty allows individuals to resort to stereotypes and myths. Due to the fact that the “real” rape …

Control Is A Double-Edged Sword, And One Edge Is Sharper, Omri Rachum-Twaig

University of Illinois Journal of Law, Technology & Policy

In her book Talent Wants to Be Free, Lobel suggests a new, behavioral-economics, paradigm to employment intellectual property (EIP) law. Lobel describes a dynamic model to EIP control mechanisms such as non-competes, trade secrets and invention assignments, and argues that loosening them will create positive externalities to employers that will make such a shift economically justified. I first discuss the content of the book and the journey Lobel is guiding us through trying to emphasize the important notions in it and taking them a step forward towards a more "radical" suggestion. I argue that the utilitarian debate over EIP controls …

Transatlantic Mutual Recognition In The Field Of Global Financial Regulation, Nico C. Klein

Global Markets Law Journal

In the course of the global financial regulatory reform following the recent financial crisis one could frequently read and hear, not least from the G-20, about the importance of such devices as global guidelines, global regulatory frameworks, international cooperation, international coordination or harmonization. More and more a strong case is also made for the concept of mutual recognition or similar devices, such as an exemptive approach, often without differentiating properly between them. Moreover, the exact interplay of mutual recognition with substantive coordination or harmonization is usually not examined in depth. This paper is intended to fill the gap by providing …

Methamphetamines, The Crystal Method And The War On Drugs, Bernard J. Hughes

ExpressO

Illegal methamphetamines and their clandestine production is a growing threat to the nation and the war on drugs. States such as Missouri, Oregon, Washington, Iowa, Ohio and Kansas have been devastated by the the drug. Is this a problem that the criminalized drug war can effectively deal with? Was the meth epidemic a direct result of the war on drugs? The current war on drugs will be challenged by meth as well as by the abuse of pharmaceuticals, can it remain tenable? Should we continue to keep drugs such as cocaine and marijuana illegal or should we consider legalization? The …

Collective Action And The Competence Of Courts: The Lessons Of Nml V. Argentina, Jesse Kaplan

Stanford Journal of Law, Business & Finance

The recent Second Circuit decision in NML Capital v. Argentina, in which the court upended settled understanding of a common provision of sovereign debt contracts, has garnered a great deal of attention for its potential market and debt restructuring implications. This Essay takes a different tack, and instead identifies and elaborates a crucially important yet almost entirely overlooked aspect of the holding: the court’s fundamental misunderstanding of the purpose and function of contractual collective action clauses. The court’s error in this regard raises questions about the capacity of the U.S. judiciary to grapple with the complexities of modern globalized finance.

Rebalancing Current Limitations Periods To Reflect A Society That Values Its Members As Much As Their Money, Daniel M. Isaacs

Stetson Law Review

Rarely do we question the relative justice of our most familiar practices. Questioning the propriety of the basic rules we use to control access to our system of justice requires that we look at our values as individuals and as a society. This article examines those values through the lens of statutes of limitations, a process that yields useful information because statutes of limitations control the extent to which people have access to public power to enforce societal norms and private obligations. This article demonstrates that there is no reasoned basis for the current practice of applying different limitations periods …

Telli V. Broward County—A Misunderstanding Of County Home Rule And An Abridging Of The Status Of The Constitution’S County Officers Who Are Not The Charter’S County Officers, Kenza Vanassenderp Esq., Kayla M. Scarpone

Nova Law Review

No abstract provided.

Bi-Level Remedies For Human Rights Violations, Gerald L. Neuman

Harvard International Law Journal

This article seeks to add a different perspective to the important debate on the remedial practice of international human rights courts and tribunals. Currently, academic literature is dominated by attention to the comprehensive remedial practice of the Inter-American Court of Human Rights, which advocates consider the fullest and therefore best approach to international human rights litigation. This article proposes a different analysis, emphasizing that international courts and tribunals differ from national authorities, and also differ from one another. Ordinarily, the goal of international human rights institutions is to induce action at the national level, in order to remedy past injuries …

Fighting The Establishment: The Need For Procedural Reform Of Our Paternity Laws, Caroline Rogus

Michigan Journal of Gender & Law

No abstract provided.

Digital Copyright And Public Access: Why The Knowledge Principle Dictates A Fair Access Right For Public Libraries, Jennifer Lynn Sheridan

Vanderbilt Journal of Entertainment & Technology Law

This Article argues that copyright jurisprudence has lost sight of the knowledge principle at the heart of the Constitutional justification for copyright. The Framers envisioned the objective of copyright as promoting the advancement of knowledge for a democratic society by increasing access to published works. Under what is best termed the “knowledge principle,” access to existing knowledge is a necessary condition for the creation of new knowledge. Copyright jurisprudence has largely protected the interests of producers – from early booksellers to modern Hollywood film companies – failing to notice the central role of access to works as a necessary pre-condition …