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Articles 1 - 8 of 8
Full-Text Articles in Law
Boden Lecture: Of Chameleons And Esg, Ann M. Lipton
Boden Lecture: Of Chameleons And Esg, Ann M. Lipton
Marquette Law Review
Ever since the rise of the great corporations in the late nineteenth and early
twentieth centuries, commenters have debated whether firms should be run
solely to benefit investors, or whether instead they should be run to benefit
society as a whole. Both sides have claimed their preferred policies are
necessary to maintain a capitalist system of private enterprise distinct from
state institutions. What we can learn from the current iteration of the debate—
now rebranded as “environmental, social, governance” or “ESG” investing—
is that efforts to disentangle corporate governance from the regulatory state
are futile; governmental regulation has an inevitable …
Blockchain Safe Harbor? Applying The Lessons Learned From Early Internet Regulation, Amy Cyphert, Sam Perl
Blockchain Safe Harbor? Applying The Lessons Learned From Early Internet Regulation, Amy Cyphert, Sam Perl
Marquette Law Review
It has been more than a quarter century since Congress enacted twin safe harbor provisions to help protect and encourage the growth of a nascent internet by removing some liability and regulatory uncertainty. Today, there are calls for a similar safe harbor provision for blockchain, the technology behind cryptocurrencies and smart contracts. What lessons have we learned from the implementation of the internet safe harbor provisions, Section 230 of the Communications Decency Act, and Section 512 of the Digital Millennium Copyright Act? This Article charts the history of those provisions and their judicial construction over the decades. It also examines …
Illusory Policy Implications Of Behavioral Law & Economics, Terrance O'Reilly
Illusory Policy Implications Of Behavioral Law & Economics, Terrance O'Reilly
Marquette Law Review
Behavioral law and economics has achieved notable policy influence promoting soft paternalism—using nudges to encourage better choices without limiting options. Recently, some behavioral scholars have suggested that positive behavioral models actually support hard paternalism—imposing mandates. This Article challenges the insinuation that behavioral law and economics supports mandates.
Fully Funded Pensions, Jonathan Barry Forman
Fully Funded Pensions, Jonathan Barry Forman
Marquette Law Review
At retirement, workers want to have enough income to support themselves throughout their retirement years. In that regard, financial planners often suggest that retiring workers should aim to replace 70 to 80% of their annual preretirement earnings. Social Security benefits typically replace around 35% of the typical worker’s preretirement earnings, and the purpose of this Article is to show how pensions could and should be designed to replace, say, 40% of the typical worker’s preretirement earnings throughout her retirement years. In particular, because so many public and private pension plans are underfunded, this Article focuses on how to fully fund …
Turning Wisconn Valley Into The Next Silicon Valley: Reforming Wisconsin Non-Compete Law To Attract High-Tech Employers, Kelly Krause
Turning Wisconn Valley Into The Next Silicon Valley: Reforming Wisconsin Non-Compete Law To Attract High-Tech Employers, Kelly Krause
Marquette Law Review
The July 2017 arrival of Taiwanese tech-giant Foxconn and the
establishment of the Wisconn Valley Science and Technology Park in Wisconsin
reflects a larger trend in the United States to reinvent the nation’s
manufacturing economy with high-tech production. High-tech employers have
substantial interests in retaining employees in order to protect their valuable
proprietary information and market share. Non-compete agreements, also
known as restrictive covenants or covenants not to compete, are often the legal
device used to secure these interests. This Comment argues that to attract and
retain employers in the tech industry, Wisconsin should reform its non-compete
law by adopting …
Bitcoin, Virtual Currencies, And The Struggle Of Law And Regulation To Keep Pace
Bitcoin, Virtual Currencies, And The Struggle Of Law And Regulation To Keep Pace
Marquette Law Review
At less than a decade old, Bitcoin and other virtual currencies have had a major societal impact, and proven to be a unique payment systems challenge for law enforcement, financial regulatory authorities worldwide, and the investment community. Rapid introduction and diffusion of technological changes throughout society, such as the blockchain that serves as Bitcoin’s crypto-foundation, continue to exceed the ability of law and regulation to keep pace. During 2017 alone, the market price of Bitcoin rose 1,735%, from about $970 to $14,292, causing an investor feeding frenzy. As of September 11, 2018, a total of 1,935 cryptocurrencies are reported, having …
Who Needs Contracts? Generalized Exchange Within Investment Accelerators, Brad Bernthal
Who Needs Contracts? Generalized Exchange Within Investment Accelerators, Brad Bernthal
Marquette Law Review
This Article investigates why an expert volunteers on behalf of startups that participate in a novel type of small venture capital ("VC") fund known as a mentor-driven investment accelerator ("MDIA"). A MDIA organizes a pool of seasoned individuals - called "mentors" - to help new companies. An obvious organizational strategy would be to contract with mentors. Mentors instead voluntarily assist. Legal studies of norm-based exchanges do not explain what this Article calls the "mentorship conundrum" - i.e., the puzzling motivation of a mentor to volunteer within otherwise for-profit environments. This Article is the first to bridge the insights of generalized …
(Sub)Urban Poverty And Regional Interest Convergence, Patience A. Crowder
(Sub)Urban Poverty And Regional Interest Convergence, Patience A. Crowder
Marquette Law Review
Poverty has expanded from America’s urban cores to its inner and outer suburban rings. In the midst of spreading hardship, new opportunities for confronting questions of regional equity are emerging, such as how best to govern our regional spaces for the benefit of all regional constituents, including the poor, middle class, and affluent. To date, governance theories have proven inadequate to this task. In the parlance of the current regional governance discourse, localists, regionalists, and new regionalists need a framework to make a reality of their seemingly disparate and inconsistent visions of local versus regional interests. Localists champion the autonomy …