Business Commons^™

Perspectives And Best Practices For Artificial Intelligence And Continuously Learning Systems In Healthcare, Berkman Sahiner, Bruce Friedman, Cindi Linville, Cindy Ipach, Edna Montgomery, Eileen Steinle Alexander, Et Al.

Faculty Scholarship

Goals of this paper Healthcare is often a late adopter when it comes to new techniques and technologies; this works to our advantage in the development of this paper as we relied on lessons learned from CLS in other industries to help guide the content of this paper. Appendix V includes a number of example use cases of AI in Healthcare and other industries. This paper focuses on identifying unique attributes, constraints and potential best practices towards what might represent “good” development for Continuously Learning Systems (CLS) AI systems with applications ranging from pharmaceutical applications for new drug development and …

"Anticipating Risk" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

"Beyond The New Economy: The Other Technology Revolution" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. While the book refers to the Internet as perhaps the most significant technological change in the 21st century, computer technology, microbiology, and many other fields have undergone similar explosions in innovation.

"Avoiding The Unintended Franchise" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. The FTC Franchise Rule is not the only law regulating franchise relationships. Many states also have versions of disclosure laws or laws requiring fair dealing. The states with fair dealing regulations enforce state-based legal obligations on the franchisor that cannot be modified by the contractual terms. The intersection of federal law with the array of state regulations make the issuance of a franchise complex. A company should not …

"Business Models Of The Digital Economy" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

"Critical Elements For The Information Enterprise" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. Information, like any other type of property, has value to the extent that it meets the standards of relevance to the recipient. Relevance may be based in part on exclusivity, but it is also based on the reliability, resilience, and security of the information. Particularly when the information is data rather than entertainment content, these features will determine the success or failure of the enterprise. Without all three …

"Becoming A Franchisor" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. Although the approach to franchising is generally to protect the naïve new business owner from being overwhelmed by the obligations of a new business, there are considerable benefits to owning and operating a franchise as well. It is a very common, popular, and profitable method for building a national or even global brand.

"Design Thinking As A Process To Find Relevance" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

"Documenting The Limited Liability Company" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. For most small businesses, the LLC provides the best choice in terms of limiting liability, providing partnership-like tax benefits, and allowing for management provisions that are narrowly tailored to the objectives of the participants. Subchapter S corporations have the same potential tax structure as the LLC and allow for the shareholders to also be managers, but the corporate laws in most states have many provisions and requirements that …

"Disruptive Innovation And Tsunami Stressors" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

"Exclusivity In Retail: Brand Stores And Exclusive Offers" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

"Exclusivity In Manufacturing And Service" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. Manufacturing is the most common realm for process innovation and efficiency goals. Patents allow manufacturers to maintain extended exclusivity in their products. Trade secrets protect the methods of creating the products and the inside know-how on the best way to get the job done. Copyright is useful to protect the text of the manuals, brochures, and other printed materials, diagrams, and tools that assist with the products. Finally, …

"Exclusivity In Retail: The Restaurant Business" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. Since the restaurant business is a highly competitive sector with high risks, a large failure rate, and a product difficult to customize, it seems appropriate that restaurants provide the leading examples in how best to apply trademarks, copyrights, trade secrets, and publicity rights to create relevance and exclusivity as a way to gain market share and financial success.

"Exclusivity In The New Economy: Internet Businesses" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

"Exclusivity In The New Economy: Software Strategies" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

"Paying For Exclusivity: Financing And Business Structuring" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

"Identifying The Entrepreneur’S Goal For The Business" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. An important decision to the development of a start-up business is the purpose for launching that business in the life of the entrepreneur. The purpose will, in turn, strongly influence decisions about where to raise money to start the venture and how to organize the ownership. This short exploration of the psychology behind the entrepreneur’s motivation should help predict which decisions will most likely help the business goals.

"Franchising Basics For Franchisees" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. A franchise is a license or agreement to use the existing business model provided by a company, including its trademarks, recipes and other know-how, its patented products, and processes, in exchange for agreeing to pay the company for the license and to adhere to a set of rules or guidelines on how the business is expected to operate. The company selling the franchise license is the franchisor and …

"Proper Uses Of The Business Plan" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. A useful business plan provides a blueprint for the operations, direction, and growth of a business. It explains the needs for funding, anticipates the cash flow operations of the business, highlights strategic partnerships, and serves as a proof-of-concept for key partners. The credibility of the business plan will help investors, founders, suppliers, lenders, and other key partners be able to assess the thoughtfulness and planfulness that has gone …

"The Key Business Plan Provisions" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

"Reflecting Value In Intangibles: Proving The Worth Of Intellectual Property" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. One of the more challenging aspects of developing a company based on intellectual property assets is the challenge in valuing those assets for the purpose of both lenders and investors. As a general matter, the intellectual property assets created by a company are not reflected as having value on the company’s books. As the WIPO primer on intellectual property for small business explains, “[t]he practice of extending loans …

"Social Entrepreneurship, Public Benefit, And The Exclusivity Through Purpose" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. In the United States there has been the development of a relatively new category of for-profit enterprise that focuses on a public good that occurs directly as a consequence of the company’s operation. Unlike a tax exempt, nonprofit charity which can have no shareholders, the public benefit corporation allows for shareholders and profits, but it also allows management great flexibility in transferring the profits of the enterprise to …

"The Opportunity For Relevance—Creating Innovation And Relieving Stressors" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

"The Small Differences And Large Similarities To The Old Sales Paradigm" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

"Understanding The Franchise Agreement" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.

Seeking An Objective For Regulating Insider Trading Through Texas Gulf Sulphur, James D. Cox

Faculty Scholarship

Data summarized in the opening of this article document that inside trading is a growth industry. And, as deals get ever bigger, the growth curve becomes steeper as more the data confirms intuition that the more who know about a good thing the more who will seek to harvest its benefits. Even though insider trading appears to have thrived during the fifty years after Texas Gulf Sulphur, we gather in this symposium to celebrate the decision. But why? As developed below, the Second Circuit’s landmark decision gave way to the Supreme Court’s erection of a fiduciary framework that this article …

Building Multilateral Anticorruption Enforcement: Analogies Between International Trade & Anti-Bribery Law, Rachel Brewster, Christine Dryden

Faculty Scholarship

In the last twenty years, the United States government has put substantial resources behind the fight against .foreign bribery by using the Foreign Corrupt Practices Act (FCPA) to prosecute unilaterally foreign and domestic companies who engage in corruption abroad. The United States is not entirely alone in this effort, but other countries have been far less vigorous in investing resources in investigations and prosecuting cases. Because of the unilateral and extraterritorial nature of FCPA prosecutions, these cases are sometimes controversial as foreign governments resist American influence in their commercial relations.

In response to this international tension, as well as a …

Securitization Ten Years After The Financial Crisis: An Overview, Steven L. Schwarcz

Faculty Scholarship

This symposium issue examines securitization a decade after the 2008 financial crisis. Prior to the crisis, securitization was one of America’s dominant means of financing. Many observers, however, blamed securitization for causing the crisis, sparking regulation that arguably has been overly restrictive and, in some cases, even punitive. Where are we now?

Individual Autonomy In Corporate Law, Elisabeth De Fontenay

Faculty Scholarship

The field of corporate law is riven with competing visions of the corporation. This Article seeks to identify points of broad agreement by negative implication. It examines two developments in corporate law that have drawn widespread criticism from corporate law scholars: the Supreme Court's recognition of corporate religious rights in Burwell v. Hobby Lobby and the Nevada legislature's decision to eliminate mandatory fiduciary duties for corporate directors and officers. Despite their fundamental differences, both resulted in expanding individual rights or autonomy within the corporation-for shareholders and managers, respectively.

The visceral critiques aimed at these two developments suggest a broadly shared …

Criminally Bad Management, Samuel W. Buell

Faculty Scholarship

Because of their leverage over employees, corporate managers are prime targets for incentives to control corporate crime, even when managers do not themselves commit crimes. Moreover, the collective actions of corporate management — producing what is sometimes referred to as corporate culture — can be the cause of corporate crime, not just a locus of the failure to control it. Because civil liability and private compensation arrangements have limited effects on management behavior — and because the problem is, after all, crime — criminal law is often expected to intervene. This handbook chapter offers a functional explanation for corporate criminal …