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Business Law, Public Responsibility, and Ethics Commons

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University of Tennessee, Knoxville

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Articles 1 - 30 of 55

Full-Text Articles in Business Law, Public Responsibility, and Ethics

Concussion Protocols For Youth Sport In Tennessee, Corinne C. Oliphant May 2018

Concussion Protocols For Youth Sport In Tennessee, Corinne C. Oliphant

Chancellor’s Honors Program Projects

No abstract provided.


Labor Standards For Mexican Workers: The Failure Of The North American Agreement On Labor Cooperation, Emily Kristin Massengill May 2017

Labor Standards For Mexican Workers: The Failure Of The North American Agreement On Labor Cooperation, Emily Kristin Massengill

Chancellor’s Honors Program Projects

No abstract provided.


Changing The Industry, Spotify, Seth A. Carver May 2016

Changing The Industry, Spotify, Seth A. Carver

Chancellor’s Honors Program Projects

No abstract provided.


Who Is To Blame? Attribution Theory In The Automotive Industry, Jonathan Edwards Apr 2016

Who Is To Blame? Attribution Theory In The Automotive Industry, Jonathan Edwards

EURēCA: Exhibition of Undergraduate Research and Creative Achievement

Automotive manufacturers have a fiduciary duty to the consumer not only to provide transportation from point A to point B; their duty encompasses much more than that. The manufacturer is expected to design, produce, and market vehicles that protect the driver and passengers from bodily harm in the case of an accident. However, sometimes the manufacturer fails in this duty. When this happens, it is imperative that the manufacturer is clear about where and what went wrong. The manufacturer is expected to find an amicable solution to the problem and implement change where needed. We seek to look at what ...


Creating Competitive Advantage In The Premium Market Segment Through A Sustainability Strategy, Andrew E. Iberg Dec 2015

Creating Competitive Advantage In The Premium Market Segment Through A Sustainability Strategy, Andrew E. Iberg

Chancellor’s Honors Program Projects

No abstract provided.


Front Matter And Faculty Notes Jan 2014

Front Matter And Faculty Notes

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Leveraging Property Tax Growth: Tax Increment Financing In Tennessee, G. Mark Mamantov, Jeffrey A. Oldham, Jordana K. Nelson, James P. Moneyhun Jr. Jan 2014

Leveraging Property Tax Growth: Tax Increment Financing In Tennessee, G. Mark Mamantov, Jeffrey A. Oldham, Jordana K. Nelson, James P. Moneyhun Jr.

Transactions: The Tennessee Journal of Business Law

Local economic development officials face the daunting challenge of attracting new businesses and promoting worthy projects in challenging economic times, when every community in the country is prepared to vigorously compete for any new project. As local economic development officials in Tennessee strive to promote their communities, they try to utilize every possible tool in the economic development toolbox to make their location as attractive as possible. At the local level, however, the breadth of incentives in Tennessee is fairly limited, and the mythical toolbox is not very full.

However, one type of incentive that has become a tool frequently ...


Dysfunction In Contract Drafting: The Causes And A Cure, Kenneth A. Adams Jan 2014

Dysfunction In Contract Drafting: The Causes And A Cure, Kenneth A. Adams

Transactions: The Tennessee Journal of Business Law

The primary task in empirical research is describing the characteristics of whatever it is you’re researching, but usually you also attempt to explain your findings. The skills required for the former task differ from those required for the latter, so it’s not unusual that explanations offered by those who undertake research are superseded by better explanations subsequently offered by others.

That comes to mind on reading The Three and a Half Minute Transaction: Boilerplate and the Limits of Contract Design, by Mitu Gulati, a professor at Duke Law School, and Robert E. Scott, a professor at Columbia Law ...


Abi Commission Testimony November 7, 2013, George W. Kuney Jan 2014

Abi Commission Testimony November 7, 2013, George W. Kuney

Transactions: The Tennessee Journal of Business Law

There are two areas that I believe should be the focus of Chapter 11 reform: reducing reorganization costs in small to middle-market cases and instituting a uniform structure and process for § 363 sales of substantially all the assets of a debtor. Essentially, I think that the plan process in all cases needs to be streamlined and sped up to decrease transactions costs, and the 363 sale process needs to be slowed down to promote more robust disclosure and exposure of the assets in question to the market.


The University Of Tennessee College Of Law's Business Law Clinic Continues To Make An Impact For Students, Clients, And The Community, Michael R. Crowder Jan 2014

The University Of Tennessee College Of Law's Business Law Clinic Continues To Make An Impact For Students, Clients, And The Community, Michael R. Crowder

Transactions: The Tennessee Journal of Business Law

In 1992, the American Bar Association published a report entitled Legal Education and Professional Development – An Educational Consortium (commonly known as the MacCrate Report), and in 2007, the Carnegie Foundation published a report entitled Educating Lawyers: Preparation for the Profession of Law, (known as the Carnegie Report). Both reports made suggestions for improving the immediate usefulness of legal education, and, although published fifteen years apart, both reports essentially advocated the same thing: that legal education should place more of an emphasis on practical skills training in order to increase its usefulness to law graduates and their employers. The disconnect between ...


When Should Ediscovery Vendors Be Disqualified?, Michael A. Cottone Jan 2014

When Should Ediscovery Vendors Be Disqualified?, Michael A. Cottone

Transactions: The Tennessee Journal of Business Law

As a general proposition, courts have inherent authority to disqualify parties and their representatives and consultants from participating in litigation. Attorneys, expert witnesses, and litigation consultants may face disqualification motions in the event of a conflict of interest. With the rapid expansion of the eDiscovery industry, however, a new question has arisen: If an eDiscovery vendor has a potential conflict of interest, when should it be disqualified? What standard should apply?


2013 Jobs Act Review & Analysis Of Emerging Growth Company Ipos, Todd Blakeley Skelton Jan 2014

2013 Jobs Act Review & Analysis Of Emerging Growth Company Ipos, Todd Blakeley Skelton

Transactions: The Tennessee Journal of Business Law

In April 2012, the U.S. Congress passed the Jumpstart Our Business Startups Act (the “JOBS Act”) with the goals of expanding access to capital markets and increasing flexibility in capital formation. In short, the JOBS Act eases restrictions imposed by federal securities laws. These laws—primarily the Securities Act of 1933, as amended (the “Securities Act”), the Securities Exchange Act of 1934, as amended (the “Exchange Act”), the Sarbanes-Oxley Act of 2002,5 as amended (the “Sarbanes-Oxley Act”), and the Dodd-Frank Wall Street Reform and Consumer Protection Act,6 as amended (the “Dodd-Frank Act”)—are intended to protect both ...


Case Commentaries Jan 2014

Case Commentaries

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Vestigal Literalism In The Interpretation Of Corporate Financing Instruments, Royce De R. Barondes Jan 2014

Vestigal Literalism In The Interpretation Of Corporate Financing Instruments, Royce De R. Barondes

Transactions: The Tennessee Journal of Business Law

Modernly, one will study the law of contracts as a homogeneous body of law. The conceptualization is helpful in creating an appearance of order, allowing for the development of analytical frameworks. The construct breaks down, however, on detailed inspection. This article provides an illustration by examining aspects of the law governing corporate finance—legal principles at the intersection of the law of contracts and corporation law.

This article examines the application of contract doctrine to corporate financing transactions to a number of ends. First, it illustrates substantial inconsistencies in the application of contract doctrine depending on the subject matter. Principles ...


Judge Rakoff V. The Securities And Exchange Commission: Are "Neither Admit Nor Deny" Settlement Agreements In Securities Cases In The Public Interest?, Daniel T. Hubbell Jan 2014

Judge Rakoff V. The Securities And Exchange Commission: Are "Neither Admit Nor Deny" Settlement Agreements In Securities Cases In The Public Interest?, Daniel T. Hubbell

Transactions: The Tennessee Journal of Business Law

“DPAs [(Deferred Prosecution Agreements)] have had a truly transformative effect on particular companies and, more generally, on corporate culture across the globe,” declared Lanny Breuer, the head of the Criminal Division of the U.S. Department of Justice (DOJ) on September 13, 2012.2 Deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) are settlement agreements between a prosecutor and a defendant in which the prosecutor agrees to either defer or forego prosecution in return for the defendant’s cooperation in an ongoing investigation or prosecution, as well as an agreement to comply with the requirements of the settlement. Rather than ...


Legal Form, Style, And Etiquette For Email, George W. Kuney Dec 2013

Legal Form, Style, And Etiquette For Email, George W. Kuney

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Proposed Subordination Provisions For Master Trust Indenture, Taylor K. Wirth Dec 2013

Proposed Subordination Provisions For Master Trust Indenture, Taylor K. Wirth

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Using An Interviewing, Counseling, Negotiating, And Drafting Simulation In The First Year Legal Writing Program, Kirsten A. Dauphinais Dec 2013

Using An Interviewing, Counseling, Negotiating, And Drafting Simulation In The First Year Legal Writing Program, Kirsten A. Dauphinais

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Transactional Drafting: Using Law Firm Marketing Materials As A Research Resource For Teaching Drafting, Ted Becker Dec 2013

Transactional Drafting: Using Law Firm Marketing Materials As A Research Resource For Teaching Drafting, Ted Becker

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Case Commentaries Dec 2013

Case Commentaries

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Front Matter And Faculty Notes Dec 2013

Front Matter And Faculty Notes

Transactions: The Tennessee Journal of Business Law

No abstract provided.


Willful Blindness, Plausible Deniability, And Tippee Liability: Sac, Steven Cohen, And The Court's Opinion In Dirks, Joan Macleod Heminway Dec 2013

Willful Blindness, Plausible Deniability, And Tippee Liability: Sac, Steven Cohen, And The Court's Opinion In Dirks, Joan Macleod Heminway

Transactions: The Tennessee Journal of Business Law

No abstract provided.


The First Year: Integrating Transactional Skills, Lynnise E. Pantin Dec 2013

The First Year: Integrating Transactional Skills, Lynnise E. Pantin

Transactions: The Tennessee Journal of Business Law

No abstract provided.


A More Realistic Approach To Directors' Duties, Michelle M. Harner Dec 2013

A More Realistic Approach To Directors' Duties, Michelle M. Harner

Transactions: The Tennessee Journal of Business Law

No abstract provided.


A Cultural Revolution: The Demise Of Corporate Culture Through The Whistleblower Bounty Provisions Of The Dodd-Frank Act, Rachel S. Taylor Dec 2013

A Cultural Revolution: The Demise Of Corporate Culture Through The Whistleblower Bounty Provisions Of The Dodd-Frank Act, Rachel S. Taylor

Transactions: The Tennessee Journal of Business Law

No abstract provided.


A Proposal For An Ethics Class For The Master Of Accountancy Program At The University Of Tennessee, Knoxville, Philip Hardman Dec 2013

A Proposal For An Ethics Class For The Master Of Accountancy Program At The University Of Tennessee, Knoxville, Philip Hardman

Chancellor’s Honors Program Projects

No abstract provided.


Hostess Brands, Inc. Bankruptcy, Kathryn K. Ganier, Frederick L. Conrad Iii, Wendy G. Patrick Apr 2013

Hostess Brands, Inc. Bankruptcy, Kathryn K. Ganier, Frederick L. Conrad Iii, Wendy G. Patrick

Chapter 11 Bankruptcy Case Studies

In 1930, the Hostess Corporation[1] began as the Interstate Baking Corporation (IBC). In Kansas City Missouri, flour, wheat, and grain marched from machines as workers placed sliced white squares into Wonder Bread’s iconic yellow, red, and blue packaging.[2]

Hostess grew from its small town beginnings into a large corporation thanks in large part to its innovation in its product lines as well as growth through the acquisition of its competitors. By the end of 2012, “Hostess [was] one of the largest wholesale bakers and distributors of bread and snack cakes in the United States [and] operate[d ...


Circuit City's Chapter 11 Bankruptcy, Jeff Smith, Peyton Hairston Apr 2013

Circuit City's Chapter 11 Bankruptcy, Jeff Smith, Peyton Hairston

Chapter 11 Bankruptcy Case Studies

Circuit City Stores, Inc. sold consumer electronics, personal computers, entertainment software, and appliances in the growing consumer electronics market.[1] Circuit City was founded by Samuel S. Wurtzel in 1949 under the name Wards Company. The store named “Wards” was an acronym of Wurtzel’s family name’s: “W” for Wurtzel, “A” for his son Alan, “R” for his wife Ruth, “D” for his son David, and “S” for his own name.[2] Circuit City was the first electronics superstore and was the nation’s second largest retailer of consumer electronics as recently as 2004.[3] Circuit City began the ...


Force Out: A Dodgers Bankruptcy, Richard Marrero, Cj Fayton Apr 2013

Force Out: A Dodgers Bankruptcy, Richard Marrero, Cj Fayton

Chapter 11 Bankruptcy Case Studies

The premise of a chapter 11 bankruptcy is that the business’ going concern value exceeds its liquidation value. It provides the debtor with an opportunity to restructure their debt so that they can pay back their creditors and stay in business.

The debtor’s filing of the bankruptcy petition creates an “automatic stay.”[1] The automatic stay is an injunction that prevents creditors from pursuing legal actions against the debtor and its assets. The automatic stay, however, protects not only the debtor but the creditors as well. In the absence of the automatic stay, creditors would “race to the courthouse ...


In Re Dewey Ranch Hockey, Llc: The Bankruptcy Of The Phoenix Coyotes, Chris Rowe, Jeff Upshaw Apr 2013

In Re Dewey Ranch Hockey, Llc: The Bankruptcy Of The Phoenix Coyotes, Chris Rowe, Jeff Upshaw

Chapter 11 Bankruptcy Case Studies

While only a small percentage of Chapter 11 bankruptcy filings garner the attention of the American public, a bankruptcy petition involving a “big four” professional sports franchise (NFL, MLB, NBA, NHL) is big news to the American sports world. Perhaps the reason is that few, if any, commercial entities make such a passionate connection with its customers as professional sports teams.

In comparison to the other members of the “big four”, the NHL simply does not have the same level of financial success. Almost half of the 30 NHL franchises lost money in the 2011-2012 season.[1] Of the nine ...