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Articles 1 - 30 of 59
Full-Text Articles in Business
Innovation’S Hidden Externalities, Stephanie Plamondon Bair
Innovation’S Hidden Externalities, Stephanie Plamondon Bair
BYU Law Review
When commentators discuss innovation’s externalities, they often classify them into one of two categories. On the positive externalities, or “spillovers” side, legal and economics scholars often speak of the benefits innovation confers on other innovators. Future innovators profit from past innovation as they “stand on the shoulders of giants” to develop progressively new and better innovation. Discussion of innovation’s negative externalities, on the other hand, has mainly focused on social harms not directly related to future innovation that particular advances impose on third parties—the classic example being pollution. Thus, the common understanding is that innovation’s spillovers positively impact innovation (among …
The Evolution Of Entrepreneurial Finance: A New Typology, J. Brad Bernthal
The Evolution Of Entrepreneurial Finance: A New Typology, J. Brad Bernthal
BYU Law Review
There has been an explosion in new types of startup finance instruments. Whereas twenty years ago preferred stock dominated the field, startup companies and investors now use at least eight different instruments—six of which have only become widely used in the last decade. Legal scholars have yet to reflect upon the proliferation of instrument types in the aggregate. Notably missing is a way to organize instruments into a common framework that highlights their similarities and differences. This Article makes four contributions. First, it catalogues the variety of startup investment forms. I describe novel instruments, such as revenue-based financing, which remain …
Minority Entrepreneurs And Fast Failure, Jesse P. Houchens
Minority Entrepreneurs And Fast Failure, Jesse P. Houchens
Brigham Young University Journal of Public Law
Minority businesses now make up more than a quarter of all U.S. businesses; yet, due to discriminatory lending practices, cultural aversions to debt, and limited access to capital, these businesses continue to have higher failure rates. At the same time, m inority entrepreneurs are more likely to rely on informal lending and less likely to turn to bankruptcy for relief of debt. Doing so slows down failure for minority entrepreneurs — contra Silicon Valley’s new mantra, “fail fast” — and diminishes the minority entrepreneur’s ability to efficiently reallocate resources towards more productive ventures. In this essay, I distinguish the minority …
Minority Entrepreneurs And Fast Failure, John Taylor Jensen
Minority Entrepreneurs And Fast Failure, John Taylor Jensen
Brigham Young University Journal of Public Law
Minority businesses now make up more than a quarter of all U.S. businesses; yet, due to discriminatory lending practices, cultural aversions to debt, and limited access to capital, these businesses continue to have higher failure rates. At the same time, m inority entrepreneurs are more likely to rely on informal lending and less likely to turn to bankruptcy for relief of debt. Doing so slows down failure for minority entrepreneurs — contra Silicon Valley’s new mantra, “fail fast” — and diminishes the minority entrepreneur’s ability to efficiently reallocate resources towards more productive ventures. In this essay, I distinguish the minority …
A Solution To Utah’S Non-Compete Dilemma: Soliciting The Use Of Non-Solicitation Agreements, Jerrick Robbins
A Solution To Utah’S Non-Compete Dilemma: Soliciting The Use Of Non-Solicitation Agreements, Jerrick Robbins
BYU Law Review
Utah has become a hub for company growth and innovation, especially in an area known as the “Silicon Slopes.” Well-known companies, like Qualtrics, Adobe, and eBay, have offices along the Wasatch Front. With such newfound relevance in the business community, it may seem odd that Utah’s legislature recently passed the Post-Employment Restrictions Act, which some say threatens Utah’s position as a state where businesses thrive. The Act restricts non-compete agreements to periods not greater than one year and automatically penalizes, through attorney’s fees and costs, any employer who tries to enforce a non-compete agreement that a court later finds unenforceable …
To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton
To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton
Brigham Young University Education and Law Journal
No abstract provided.
The Principle Of Subsidiarity And The Law Of The Family Business, Scott Fitzgibbon
The Principle Of Subsidiarity And The Law Of The Family Business, Scott Fitzgibbon
Brigham Young University Journal of Public Law
No abstract provided.
Institutional Control And Corporate Governance, Geoffrey Christopher Rapp
Institutional Control And Corporate Governance, Geoffrey Christopher Rapp
BYU Law Review
No abstract provided.
The Scope Of Contractor-Subcontractor Liability In The Modern-Era Of Multinational Companies, Niels Bybee
The Scope Of Contractor-Subcontractor Liability In The Modern-Era Of Multinational Companies, Niels Bybee
Brigham Young University International Law & Management Review
No abstract provided.
For-Profit Schools: A History Of Abuse And The Need For Reform, Stephanie N. Morse
For-Profit Schools: A History Of Abuse And The Need For Reform, Stephanie N. Morse
Brigham Young University Education and Law Journal
No abstract provided.
Private Sector Corruption In International Trade: The Need For Heightened Reporting And A Private Right Of Action In The Foreign Corrupt Practices Act, Nika A. Antonikova
Private Sector Corruption In International Trade: The Need For Heightened Reporting And A Private Right Of Action In The Foreign Corrupt Practices Act, Nika A. Antonikova
Brigham Young University International Law & Management Review
No abstract provided.
Corporate-School Partnerships And Neoliberal Influences On Students As Future Participants In The Labor Market, Adriane Kayoko Peralta
Corporate-School Partnerships And Neoliberal Influences On Students As Future Participants In The Labor Market, Adriane Kayoko Peralta
Brigham Young University Education and Law Journal
No abstract provided.
G8 Principles: Identifying The Anonymous, Max Biedermann
G8 Principles: Identifying The Anonymous, Max Biedermann
Brigham Young University International Law & Management Review
No abstract provided.
Shareholder Activism As A Corrective Mechanism In Corporate Governance, Paul Rose, Bernard S. Sharfman
Shareholder Activism As A Corrective Mechanism In Corporate Governance, Paul Rose, Bernard S. Sharfman
BYU Law Review
Under an Arrowian framework, centralized authority and management provides for optimal decision making in large organizations. However, Kenneth Arrow also recognized that other elements within the organization, beyond the central authority, occasionally may have superior information or decision-making skills. In such cases, such elements may act as a corrective mechanism within the organization. In the context of public companies, this Article finds that such a corrective mechanism comes in the form of hedge fund activism, or, more accurately, offensive shareholder activism.
Offensive shareholder activism operates in the market for corporate influence, not control. Consistent with a theoretical framework that protects …
Cross-Border Bankruptcy And The Cooperative Solution, Leah Barteld
Cross-Border Bankruptcy And The Cooperative Solution, Leah Barteld
Brigham Young University International Law & Management Review
No abstract provided.
Foreign Direct Investment In Post-War Iraq: An Investor's Introductory Guide To The Legal Framework, Jordan E. Toone
Foreign Direct Investment In Post-War Iraq: An Investor's Introductory Guide To The Legal Framework, Jordan E. Toone
Brigham Young University International Law & Management Review
No abstract provided.
Corporate Governance In China: How Does The State Influence Its Own Enterprises?, Kan Zhang
Corporate Governance In China: How Does The State Influence Its Own Enterprises?, Kan Zhang
Brigham Young University International Law & Management Review
No abstract provided.
From Handbills To Proposed Bills: Suggestions For Regulating The Law Vegas "Strip" Tease, Brian D. Blakley
From Handbills To Proposed Bills: Suggestions For Regulating The Law Vegas "Strip" Tease, Brian D. Blakley
BYU Law Review
No abstract provided.
Using Second Circuit Precedent To Fundamentally Change Mutlinational Corporations' Global Foreign Corrupt Practices Act Internal Investigations, Travis Robert-Ritter
Using Second Circuit Precedent To Fundamentally Change Mutlinational Corporations' Global Foreign Corrupt Practices Act Internal Investigations, Travis Robert-Ritter
Brigham Young University International Law & Management Review
No abstract provided.
Sour Chocolate: The U.K. Takeover Panel's Improper Reaction To Kraft's Acquisition Of Cadbury, Michael R. Patrone
Sour Chocolate: The U.K. Takeover Panel's Improper Reaction To Kraft's Acquisition Of Cadbury, Michael R. Patrone
Brigham Young University International Law & Management Review
No abstract provided.
Outsourcing, Modularity, And The Theory Of The Firm Margaret M. Blair, Erin O’Hara O’Connor, And Gregg Kirchhoefer, Margaret M. Blair, Erin R O’Hara O’Conno, Gregg Kirchhoefer
Outsourcing, Modularity, And The Theory Of The Firm Margaret M. Blair, Erin O’Hara O’Connor, And Gregg Kirchhoefer, Margaret M. Blair, Erin R O’Hara O’Conno, Gregg Kirchhoefer
BYU Law Review
No abstract provided.
Brands, Competition, And The Law, Deven R. Desai, Spencer Waller
Brands, Competition, And The Law, Deven R. Desai, Spencer Waller
BYU Law Review
No abstract provided.
Toxic Assets: Untangling The Web, Margarita S. Brose, Bill Niclos
Toxic Assets: Untangling The Web, Margarita S. Brose, Bill Niclos
Brigham Young University International Law & Management Review
No abstract provided.
Does Climate Change Justify Compulsory Licensing Of Green Technology?, Robert Fair
Does Climate Change Justify Compulsory Licensing Of Green Technology?, Robert Fair
Brigham Young University International Law & Management Review
No abstract provided.
Lessons From Germany: Improving On The U.S. Model For Corporate Governance, Tien Glaub
Lessons From Germany: Improving On The U.S. Model For Corporate Governance, Tien Glaub
Brigham Young University International Law & Management Review
No abstract provided.
Life, Liberty, And The Pursuit Of Luxury: Ebay's Liability For Contributory Trademark Infringement In The United States, Germany, And France, Sofia H. Ahmed
Life, Liberty, And The Pursuit Of Luxury: Ebay's Liability For Contributory Trademark Infringement In The United States, Germany, And France, Sofia H. Ahmed
Brigham Young University International Law & Management Review
No abstract provided.
A Model To Explain Microfranchising In Bottom Of The Pyramid Markets, Robert J. Jensen, Chris Sutter
A Model To Explain Microfranchising In Bottom Of The Pyramid Markets, Robert J. Jensen, Chris Sutter
Brigham Young University International Law & Management Review
No abstract provided.
Wielding The Double-Eded Sword: Creating The Perception Of A Chinese Enterprise To Obtain And Enforce Patent Protection In China, David A. Fazzolare
Wielding The Double-Eded Sword: Creating The Perception Of A Chinese Enterprise To Obtain And Enforce Patent Protection In China, David A. Fazzolare
Brigham Young University International Law & Management Review
No abstract provided.
George Soros' New Paradigm For Financial Markets
George Soros' New Paradigm For Financial Markets
Brigham Young University International Law & Management Review
No abstract provided.
Hedge Funds: The Case Against Increased Global Regulation In Light Of The Subprime Mortgate Crisis, Laszlo Ladi
Hedge Funds: The Case Against Increased Global Regulation In Light Of The Subprime Mortgate Crisis, Laszlo Ladi
Brigham Young University International Law & Management Review
No abstract provided.