Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Creditor; fiduciary duty; shareholder; shareholder primacy; Delaware; insolvency; bankruptcy; zone of insolvency; bright-line; economics; trustee; corporation; Dodge v. Ford; Shlensky v. Wrigly; Katz v. Oak Industries; Unocal Corp. v. Mesa Petroleum Co.; Quadrant Structured Product Co. v. Vertin; North American Catholic Education Programming Foundation (1)
- Fair use; Copyright Act; Fair use doctrine; dispute; enforcement; Blurred Line; Robin Thicke; music sampling; copyright protection; venue; administrative law; commerical; substantiality; Harper v. Row; fair use factor; Estate of Smith v. Graham; Bridgeport Music (1)
- Inc. v. Gheewalla; shareholder value maximization; business judgment rule; two-masters problem; decisionmaking; Credit Lyonnais; uncertainty; bankruptcy; risk; Smith v. Van Gorom; Stone v. Ritter; omission; Bankruptcy Code; In re The Brown Schools; Relativist approach; litigation; creditor protection; closely held corporations; corporate law; fixed value; fluctuating value; risk appetite; director duty; duty of care; duty to luqidate; contract law; creditor class; (1)
- Inc. v. UMG Recordings (1)
- Inc.; infringement; economic efficiency; National Labor Relations Board; NLRB; National Labor Relations Act; NLRA; Administrative Law Judge; ALJ; agency law; alternative dispute resolution; ADR; (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Not So Fair Use: The Shortcomings Of Current Copyright Law In Music Sampling, Marissa Brown
Not So Fair Use: The Shortcomings Of Current Copyright Law In Music Sampling, Marissa Brown
Brooklyn Journal of Corporate, Financial & Commercial Law
The current enforcement method of the fair use doctrine is not suitable to handle the ever-evolving music industry. The fair use doctrine allows a copyright protected work to be used without getting it approved by the original owner of the work. This is seen often in music sampling. Music sampling is extremely prevalent in today’s music industry; however, federal court is currently the only arena that sampling disputes can be resolved in. This has led to inconsistencies across circuits, unfairness, and exacerbated the backlog of the federal court docket. While many have pointed out both the inefficiency and unfairness of …
A Rejection Of Absolutist Duties As A Barrier To Creditor Protection: Facilitating Directorial Decisivness Surrounding Insolvency Through The Business Judgment Rule, Philip Gavin
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article draws attention to the difficulties that directors may face when seeking to discharge their duties as a corporation approaches insolvency, in particular when directors must discern the point at which a corporation has become insolvent. It argues that discretion allowed to directors by the business judgment rule will be crucial to overcoming these difficulties. To do this, this article examines the nature of duties owed by directors both before and after insolvency, and accepts the stance taken by Delaware courts in recent years towards an expansive understanding of a corporation’s interests upon insolvency. It then considers unresolved issues …
The Commodification Of Personal Data And The Road To Consumer Autonomy Through The Ccpa, Blaire Rose
The Commodification Of Personal Data And The Road To Consumer Autonomy Through The Ccpa, Blaire Rose
Brooklyn Journal of Corporate, Financial & Commercial Law
The internet has transformed into a museum of personal information collected through the digital footprint we leave behind after each act performed on the web. Businesses have monetized this collection of personal data in various ways. For instance, many companies analyze this information through predicting analytics and data profiling to identify consumer interests that they can exploit as a means to generate revenue. Though user data promotes many benefits for businesses and consumers alike, the recent data breaches of massive companies, coupled with hazy privacy disclosures that beget consent disputes, have left both users and businesses perturbed and exposed to …