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Full-Text Articles in Law

Reduce Income Inequality: Allow Retail Investors To Invest In Private Equity, Michael Slomovics Jan 2022

Reduce Income Inequality: Allow Retail Investors To Invest In Private Equity, Michael Slomovics

The Journal of Business, Entrepreneurship & the Law

This Article will focus on the topic of opening the private equity markets to individual retail investors. Permitting retail investors to invest in private equity would allow investors to reduce the risks of their portfolio while retaining or even increasing their returns, which can make the middle-class investor better off. Additionally, the money that will flow into private equity will allow private equity firms to continue improving American businesses, which will allow American companies to grow and better compete in the international stage. Thus, allowing retail investors to invest in private equity can both help middle class Americans while bolstering …


Pandemic As Panacea: The Positive Long-Term Impact Of Forced Innovation In The Legal Industry, J. Mark Phillips Jan 2022

Pandemic As Panacea: The Positive Long-Term Impact Of Forced Innovation In The Legal Industry, J. Mark Phillips

The Journal of Business, Entrepreneurship & the Law

Despite the untold disruption the COVID-19 pandemic continues to inflict upon the legal industry, several positive outcomes may ultimately emerge. These unexpected gains may not only improve the practice of law but also address long-standing weaknesses in the industry. In this article, I utilize Roger’s Innovation Diffusion model to shed preliminary light on the unprecedented phenomenon of forced, comprehensive, and immediate adoption of new technology throughout the legal industry. While doing so, I highlight the way this sudden adoption will likely change perceptions regarding perennial areas of tension, such as mental health and work-life balance. Finally, I argue that the …


Money, Power, And Radical Honesty: A Look At Members Of Congress’ Use Of Information For Financial Gain, Spencer K. Schneider Jan 2022

Money, Power, And Radical Honesty: A Look At Members Of Congress’ Use Of Information For Financial Gain, Spencer K. Schneider

The Journal of Business, Entrepreneurship & the Law

There are many instances of members of Congress profiting after receiving classified information. While the American public remained uninformed as to the true crisis looming as COVID-19 spread, members of Congress received private briefings and quietly sold securities such as travel and hotel related interests, and purchased other securities, such as remote-work software and medical equipment related interests. Many members of Congress also profit from federal money earmarked to increase the value of their personal land deals, from access to IPOs, and from corporate board seats. While corporate executives, members of the executive branch, and ordinary citizens are subject to …


Can I Touch Your Hair?: Business Diversity, Slavery, Disparate Outcomes, And The Crown Act, Ashley Jones Jan 2022

Can I Touch Your Hair?: Business Diversity, Slavery, Disparate Outcomes, And The Crown Act, Ashley Jones

The Journal of Business, Entrepreneurship & the Law

This comment will begin by looking at why hair in the United States is related to issues of race. This comment will then look at how businesses’ rules for appearance and hair disproportionately affect Black employees. Next, this paper will look at Title VII of the Civil Rights Act of 1964 to point out how the vague language has created loopholes, which allow businesses to lawfully discriminate against people with natural hair. We will then move to explore what role some city and state governments have had in creating natural hair-safe workspaces for employees in their respective boundaries. Lastly, we …


Betting On Gambling: How Professional Sports Leagues Could Increase Revenues Following Murphy V. Ncaa, Edward “Max” Bell Jan 2022

Betting On Gambling: How Professional Sports Leagues Could Increase Revenues Following Murphy V. Ncaa, Edward “Max” Bell

The Journal of Business, Entrepreneurship & the Law

This comment explores the avenues professional sports leagues are taking to profit from legalized sports gambling following the Murphy decision. Part II provides the modern historical legal background of sports gambling in America, discussing the Professional and Amateur Sports Protection Act and the reasoning for and the effects following the Act’s falling in Murphy. Part III analyzes the current sports gambling landscape, including the current federal and state legal landscape; society’s ever-revolving views on sports gambling; the American sports gambling industry, the offshore industry, and the growth of the industry as a whole; and the stances of sports leagues before …


Worshiping At The Feet Of Wealth: Self-Settled Asset Protection Trusts And Their Public Policy Implications, Kelsey Massey Jan 2022

Worshiping At The Feet Of Wealth: Self-Settled Asset Protection Trusts And Their Public Policy Implications, Kelsey Massey

The Journal of Business, Entrepreneurship & the Law

The primary concern of this note is summarizing the public policy concerns concerning Domestic Self-Settled Asset Protection Trusts (DAPT) debated by scholars in a concise way and critiquing them. Secondly, this note seeks to compile various alternative structures suggested by scholars. Part I will explain the basic nature of spendthrift trusts and explain the history leading to the current DAPT structure. Part II will briefly explore the differences between Offshore Self-Settled Asset Protection Trusts (OAPTs) and DAPTs. Part III provides an overview of the relevant policy arguments for and against DAPT statutes and an analysis of their relative persuasiveness. Part …


The Hollywood Circuit’S Protection Of The Batmobile Provides An Uncertain Future For First Amendment Protections, Nicole Geiser Jan 2022

The Hollywood Circuit’S Protection Of The Batmobile Provides An Uncertain Future For First Amendment Protections, Nicole Geiser

The Journal of Business, Entrepreneurship & the Law

This Comment analyzes the potentially damaging impact the Ninth Circuit’s decision in Towle could have on modern copyright law and the First Amendment. Part I will provide an overview of modern copyright law, challenges faced when deciding the level of protection that should be afforded to characters, and the important difference between literary characters and visually depicted characters and how it can affect the degree of protection allowed. Part II will discuss the history of character copyright, specifically, the different tests adopted by circuit courts and the impact each one has on the protection of characters. Part III will analyze …


Following The Yellow Burning Road To Oz: The Social And Economic Impact Of Opportunity Zones And Their Potential Expansion In California Amid Wildfires, Nicole Motamed Jan 2022

Following The Yellow Burning Road To Oz: The Social And Economic Impact Of Opportunity Zones And Their Potential Expansion In California Amid Wildfires, Nicole Motamed

The Journal of Business, Entrepreneurship & the Law

This article will discuss the economic backdrop against which legislation was enacted to spur economic development in distressed areas, focusing on the creation of the Opportunity Zones program established by Congress in the Tax Cuts and Jobs Act of 2017. The first half of the article will provide an in-depth analysis of the Opportunity Zone incentive and consider its procedures and implications, including the tax benefits of the program and the necessary criteria to be qualified for its benefits. It will also present both the negative and positive impacts that have surfaced since the program’s inception and which have in …


Customer Transparency Can Dampen The Growing Human Trafficking Problem, Colin Martell Jan 2022

Customer Transparency Can Dampen The Growing Human Trafficking Problem, Colin Martell

The Journal of Business, Entrepreneurship & the Law

The beginning of this comment will discuss an abbreviated economic analysis on the business of human trafficking: who the participants are, why they participate, and their pressure points. Section II of this paper will discuss the current state of trafficking and the economic incentives that drive participants into the market. Section III and Section IV will examine what the government and businesses are doing to stop human trafficking. Section V will analyze several policy proposals and consider the solutions and unintended consequences of each.


Shareholder Activism & Departure From Board Centrism: Beware Of Federal Government’S Intervention, Artur Aziev Jan 2022

Shareholder Activism & Departure From Board Centrism: Beware Of Federal Government’S Intervention, Artur Aziev

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


How The Subprime Mortgage Crisis Sparked New Legislation And Changed The Way Millennials Purchase Real Estate, Troy T. Kramer Jan 2022

How The Subprime Mortgage Crisis Sparked New Legislation And Changed The Way Millennials Purchase Real Estate, Troy T. Kramer

The Journal of Business, Entrepreneurship & the Law

This article will explore the Generation Y's approach to the real estate market and analyze how the Subprime Mortgage Crisis stunted Millennials’ economic development. It also analyzes what ways legislation has changed and government has influenced the economy since 2008 to prevent another free fall of the global economy and to protect consumers from predatory lending practices and under-regulation of the financial sector. Further, this article will analyze how Millennials differ from previous generations in their method of purchasing homes and investing in real estate—with a specific eye towards advances in technology. This article also gives advice to first-time homebuyers …