Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- As well as its potential to lead to social harm (e.g. (1)
- Captial formation (1)
- Censorship (1)
- Certification (1)
- Civil rights (1)
-
- Corporate tax law (1)
- Defamation) (1)
- Employment discrimination (1)
- Executive compensation tax (1)
- Fair Labor Standards Act (1)
- Fake news). The purpose of this comparative analysis is to distill a set of common principles upon which the concept of “platform ethics” - ethical duties that digital intermediaries owe to their users and to society - can be based. Conceptualizing platform ethics is incredibly important today as major social networks remain indispensable tools for democracy despite waning public trust stemming from recent major scandals. (1)
- Film industry (1)
- Government contract bidding (1)
- Hate speech) (1)
- Hotel industry (1)
- Hotel regulation (1)
- Incitement to violence) (1)
- Individual relational harm (e.g. (1)
- Information access (1)
- International competition (1)
- International tax law (1)
- Involuntary servitude (1)
- Minority owned business (1)
- Missouri Human Rights Act (1)
- Municipality (1)
- Or individual reactive harm (e.g. (1)
- Owners rights (1)
- Prepaid income (1)
- Prison fees (1)
- Prison labor (1)
Articles 1 - 23 of 23
Full-Text Articles in Law
Clicks At Any Cost: Why Regulation Won't Upend The Economics Of Fake News, Amy Kristin Sanders, Rachael L. Jones
Clicks At Any Cost: Why Regulation Won't Upend The Economics Of Fake News, Amy Kristin Sanders, Rachael L. Jones
The Business, Entrepreneurship & Tax Law Review
Increasingly, the production of fake news has become industrialized; enterprising entrepreneurs are deceiving Internet users with false information while earning significant sums of money. The problem of fake news and misinformation, however, is not one solely brought about by the increase in digital technology. Historically, campaigns of misinformation have been used to achieve social, political, and economic goals long before the Internet was commonplace. But, recent calls to regulate fake news content contravene American law and run afoul of our nation’s laissez-faire approach to the regulation of false or misleading information. We argue that government-imposed, speech-limiting restrictions cannot contain fake …
Scènes À Faire As Identity Trait Stereotyping, Jasmine Abdel-Khalik
Scènes À Faire As Identity Trait Stereotyping, Jasmine Abdel-Khalik
The Business, Entrepreneurship & Tax Law Review
There is at least one place where the law not only recognizes but expects and encourages stereotyping based on race, ethnicity, gender, sexual orientation, gender expression, nationality, and the like (“identity traits”) - stock characters. A stock character is the archetype of a story’s character and, as such, is excluded from copyright protection, making the stock freely available for other authors to use. However, harm arises when courts agree that a stock character is comprised of an identity trait and any other characteristic, indicating that what flows naturally from that identity trait is something more than just that identity - …
Getting Their Fix: Doctor's Dependency On Big Pharma, Larissa Tiller
Getting Their Fix: Doctor's Dependency On Big Pharma, Larissa Tiller
The Business, Entrepreneurship & Tax Law Review
Section 6002 of the Affordable Care Act, also known as the “Sunshine Act,” was intended to stop corrupt practices within the medical community by requiring pharmaceutical and medical device manufacturers to disclose all transfers of value of a certain amount made between them and physicians. This article suggests that the better solution to stopping corrupt practices is to ban some transfers all together.
Music Modernization And The Labyrinth Of Streaming, Mary Lafrance
Music Modernization And The Labyrinth Of Streaming, Mary Lafrance
The Business, Entrepreneurship & Tax Law Review
The shift from record sales to music streaming has revolutionized the music industry. The federal copyright regime, which is rooted in a system of economic rewards based largely on sales, has been slow to adapt. This has impaired the ability of copyright law to channel appropriate royalties to songwriters, music publishers, and recording artists when the streaming of their works displaces record sales. The Orrin G. Hatch-Bob Goowwwatte Music Modernization Act of 2018 addresses some of the most significant flaws in the current system. At the same time, it creates significant ambiguities and leaves some existing issues unresolved.
Taming The Wild West: How The Sec Can Legitimize Initial Coin Offerings ("Icos"), Protect Consumers From Bad Actors, And Encourage Blockchain Development, Kenyon Briggs
The Business, Entrepreneurship & Tax Law Review
An Initial Coin Offering (“ICO”) is the first time a blockchain-based company sells its cryptocurrency to the public. ICOs provide any blockchain entrepreneur the ability to quickly receive funding from anyone in the world. While ICOs show the potential to become a legitimate alternative to traditional early-stage investing, like angel investing and venture capital, ICOs are currently teeming with fraud and bad actors. Recent celebrity-endorsed ICOs have scammed customers, and hundreds of millions of dollars have been stolen from hard-working people. Anything goes in this current, unregulated ICO space. This article proposes five potential ICO-specific regulations for the Securities and …
Invisible Inequality And Economic Empowerment: Domestic Violence, Discrimination, And The Creation Of A New Protected Class, Cameron M. Brown Britt
Invisible Inequality And Economic Empowerment: Domestic Violence, Discrimination, And The Creation Of A New Protected Class, Cameron M. Brown Britt
The Business, Entrepreneurship & Tax Law Review
Today, there is a large population of Americans whose plight is invisible to much of the rest of society - the survivors of domestic and sexual abuse and violence. While in the last few years survivors’ voices are beginning to be heard, the legal landscape is still lagging far behind and is sorely inadequate to provide protections and relief to survivors in many areas of life. Particularly, this is prominent in the employment landscape where federal protections for survivors are sparse. Moreover, survivor-employees are vulnerable to discrimination, unfair firing, and inadequate leave for court appearances and medical assistance. These obstacles …
Table Of Contents
The Business, Entrepreneurship & Tax Law Review
No abstract provided.
Beyond Section 230: Liability, Free Speech, And Ethics On Global Social Networks, Brett G. Johnson
Beyond Section 230: Liability, Free Speech, And Ethics On Global Social Networks, Brett G. Johnson
The Business, Entrepreneurship & Tax Law Review
No abstract provided.
Better The Devil You Know: An Examination Of Manufacturer Driven Lethal Injection Drug Shortages, Heather Booth
Better The Devil You Know: An Examination Of Manufacturer Driven Lethal Injection Drug Shortages, Heather Booth
The Business, Entrepreneurship & Tax Law Review
In an attempt to make executions more humane, Oklahoma’s Department of Corrections (“DOC”) consulted a physician to overhaul the state’s execution protocol. This consultation resulted in the implementation of the modern three-drug lethal injection cocktail. However, recent challenges to lethal injection protocols tell a different story. European-based drug companies, wary of having their products used in executions, have begun refusing to sell drugs to state DOCs. This refusal is mostly with respect to the first drug in the three-drug cocktail, the anesthetic. This refusal has led to drug shortages and improvisation that some doctors say will cause unnecessary pain and …
A Slanted View On The Morality Bars: Matal V. Tam, In Re Brunetti, And The Future Of Section 2(A) Of The Lanham Act, John Langworthy
A Slanted View On The Morality Bars: Matal V. Tam, In Re Brunetti, And The Future Of Section 2(A) Of The Lanham Act, John Langworthy
The Business, Entrepreneurship & Tax Law Review
Section 2(a) of the Lanham Act contained two “morality bars” to the registration of trademarks: the Disparagement Clause and the Immoral and Scandalous Clause. Two recent cases, the Supreme Court decision in Matal v. Tam and the subsequent decision from the Federal Circuit, In re Brunetti, both held that the morality bars violate the First Amendment. Given the inconsistent application of the Disparagement Clause and the potential for viewpoint discrimination, theTam Court was correct in finding it unconstitutional. For similar reasons, the court in Brunetti properly extended this holding to the Immoral and Scandalous Clause. However, both decisions ignored the …
Taxation Of Undocumented Immigrants: The Uneasy Connection Between Regulating The Undocumented Immigrant And Fostering Illegal Activity, Nneka Obiokoye
Taxation Of Undocumented Immigrants: The Uneasy Connection Between Regulating The Undocumented Immigrant And Fostering Illegal Activity, Nneka Obiokoye
The Business, Entrepreneurship & Tax Law Review
This article seeks to correct some of the negative perceptions held by the general public pertaining to undocumented immigrants, by drawing attention to four major points. First, contrary to popular belief, undocumented immigrants pay taxes. Indeed, as this article will show, in many instances, undocumented immigrants pay a higher rate of tax than U.S. citizens because the burden of tax on such people tends to outweigh the benefits received. Second, undocumented immigrants are human beings with the same needs and desires as every other human. Therefore, laws and policies that tend to make it impossible for such people to provide …
Rsp Redux: Is Irc Section 83’S Overreach “In [C]Onnection With The [P]Erformance Of [S]Ervices” The Real “[U]Nwarranted And [U]Nintended” Result?, Charles F. Mccormick
Rsp Redux: Is Irc Section 83’S Overreach “In [C]Onnection With The [P]Erformance Of [S]Ervices” The Real “[U]Nwarranted And [U]Nintended” Result?, Charles F. Mccormick
The Business, Entrepreneurship & Tax Law Review
This article analyzes the effects of IRC § 83 from the perspective of those most often subject to it. While § 83 remains a critical tax consideration for entrepreneurs, this article concludes that § 83 has become, in practice, a solution searching for a problem that in fact causes more problems than it solves. Drafters of § 83 believed they were closing a significant loophole regarding the taxation of executive compensation. Looking at the problem legislators believed they were solving in the context of contemporary executive compensation structures, it is hard to understand what the actual problem was. Section 83(b) …
The New Blame Game: How Airbnb Has Been Mis-Regulated As The Scapegoat For Century-Old Problems, Kenyon Briggs
The New Blame Game: How Airbnb Has Been Mis-Regulated As The Scapegoat For Century-Old Problems, Kenyon Briggs
The Business, Entrepreneurship & Tax Law Review
Mis-regulation occurs when regulation does not fix the problem it was enacted to solve. This article first looks at what sort of issues regulation is capable of fixing. After that, a regulatory framework is provided that urges policymakers to only enact regulation that provides the greatest net benefit for all involved. In the case of Airbnb, two-way reputational mechanisms — the ability to rate the other party, usually through a public “five-star” rating system — has solved most of the problems regulation is capable of curing. Then, the article analyzes the current anti-Airbnb laws in New York City and San …
Overtime Overruled: Why The New Department Of Labor Overtime Regulations Should Not Go Into Effect, Morgan Westhues
Overtime Overruled: Why The New Department Of Labor Overtime Regulations Should Not Go Into Effect, Morgan Westhues
The Business, Entrepreneurship & Tax Law Review
The United States Department of Labor recently revised its overtime regulations for white collar workers to keep up with the changing economy and inflation. While the salary level for who can receive overtime pay needs to be elevated, the proposed elevation to the salary level under the Obama Administration is too drastic. The proposed overtime regulations essentially double the current salary level for overtime eligibility. This drastic increase is already having negative effects on employees, even though it has not yet gone into effect. To prepare for the new regulations to take effect, employers have begun to find ways around …
You Down With Mwbe? Yeah You Know Me: A Summary Of The Mbe, Wbe, And Dbe Programs In The State Of Missouri, Shomari Benton, David Lloyd
You Down With Mwbe? Yeah You Know Me: A Summary Of The Mbe, Wbe, And Dbe Programs In The State Of Missouri, Shomari Benton, David Lloyd
The Business, Entrepreneurship & Tax Law Review
The State of Missouri and Missouri municipalities want to encourage minority and women owned businesses in their communities. The governments have created formalized programs to utilize these businesses. The purpose of these programs is to increase participation of women, minority, and other historically disadvantaged businesses in government related contracts. To bid upon or enter into government related contracts, minority, women, and other historically disadvantaged groups must apply for and receive program certification by different government entities. The certification application and process can be confusing, time consuming, and costly. But with guidance, can be navigated and be beneficial to minority and …
Picking Cotton For Pennies: An Exploration Into The Law’S Modern Endorsement Of A Free-Prison Workforce, Renee Elaine Henson
Picking Cotton For Pennies: An Exploration Into The Law’S Modern Endorsement Of A Free-Prison Workforce, Renee Elaine Henson
The Business, Entrepreneurship & Tax Law Review
The Thirteenth Amendment made slavery unconstitutional, but also created an exception where “[n]either slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” This carve-out opened the door for prison-dependent companies to make handsome profits from large scale prison labor. Inmates must work full time in demanding conditions, and are paid nominally in return. Inmates do not receive minimum wages because they are excluded from the protections of the Fair Labor Standards Act (“FLSA”) through judicial interpretation. Low wages …
Table Of Contents
The Business, Entrepreneurship & Tax Law Review
No abstract provided.
A Comparison Between The U.S. And Japan Concerning The Tax Treatment Of Prepaid Income, Hiroshi Noguchi
A Comparison Between The U.S. And Japan Concerning The Tax Treatment Of Prepaid Income, Hiroshi Noguchi
The Business, Entrepreneurship & Tax Law Review
This article examines the crucial distinctions of methodology between the U.S. and the Japanese tax laws with respect to the timing for recognizing income. In addition, it studies the advantages and disadvantages of both tax treatment methods concerning prepaid income. As a result, it concludes that the advantages of Japanese tax law concerning prepaid income outweigh those of the American tax law. This article also suggests that U.S. tax law could borrow the Japanese mentality regarding the tax treatment of prepaid income.
Employees Beware: How Sb 43 Takes Missouri Anti-Discrimination Law Too Far, Emily Crane
Employees Beware: How Sb 43 Takes Missouri Anti-Discrimination Law Too Far, Emily Crane
The Business, Entrepreneurship & Tax Law Review
SB 43 passed through the Missouri Legislature and was signed into law by Governor Eric Greitens on June 30, 2017. Ostensibly intended to bring Missouri’s anti-discrimination law in line with analogous federal law, SB 43 amended the Missouri Human Rights Act and thereby improperly increased the legal burden on employment discrimination plaintiffs. This article examines the causation standards under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act and contrasts those with the newly-amended Missouri Human Rights Act to demonstrate just how far Missouri law has gone. In so doing, this article ultimately concludes …
Hollywood’S Red Dawn: China’S Restrictions On American Film, Taylor Shortal
Hollywood’S Red Dawn: China’S Restrictions On American Film, Taylor Shortal
The Business, Entrepreneurship & Tax Law Review
The Chinese film market has undergone unprecedented expansion in the past 17 years. As North American box office revenues drop, Hollywood film studios often rely on the Chinese market to balance the costs of blockbuster films. However, Beijing maintains strict regulations on China’s film imports, including annual quotas on the number of foreign films released, limits on the share of grosses Hollywood studios can receive from their films, and content censorship based on Communist Party directives. Many of these regulations are designed to incentivize Hollywood studios to co-produce films with Chinese companies. Through co-production agreements, Beijing anticipates that Chinese filmmakers …
Information Rights — A Survey, Allen Sparkman
Information Rights — A Survey, Allen Sparkman
The Business, Entrepreneurship & Tax Law Review
This paper traces the development of the rights of owners of entities to examine and copy the entity’s books and records. The paper then surveys the current state of the law for corporations, limited liability companies, limited partnerships, and partnerships and makes recommendations.