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Articles 1 - 6 of 6
Full-Text Articles in Law
Regulating Charitable Crowdfunding, Lloyd Hitoshi Mayer
Regulating Charitable Crowdfunding, Lloyd Hitoshi Mayer
Journal Articles
Charitable crowdfunding is a global and rapidly growing new method for raising money to benefit charities and individuals in need. While mass fundraising has existed for more than a hundred years, crowdfunding is distinguishable from those earlier efforts because of its low cost, speed of implementation, and broad reach. Reflecting these advantages, it now accounts annually for
billions of dollars raised from tens of millions of donors through hundreds of Internet platforms such as Charidy, Facebook, GoFundMe, and GlobalGiving. Although most charitable crowdfunding campaigns raise only modest amounts, every year several efforts attract tens of millions of dollars in donations. …
The Federal Reserve's Supporting Role Behind Dodd-Frank's Clearinghouse Reforms, Colleen M. Baker
The Federal Reserve's Supporting Role Behind Dodd-Frank's Clearinghouse Reforms, Colleen M. Baker
Journal Articles
This Article analyzes the Federal Reserve’s expanded role in payment, clearing, and settlement systems, particularly in connection with certain clearinghouses that have been designated by the newly created Financial Stability Oversight Council as “systemically significant.” The Federal Reserve’s expanded role is a little understood, but critical supporting component of domestic and international regulatory reforms to the $639 trillion over-the-counter (OTC) derivative markets. These reforms mandate the increased use of clearinghouses in OTC derivative markets. Due to critical reforms in Title VIII of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, the Federal Reserve is now positioned to …
Back To The Future: Rediscovering Equitable Discretion In Trademark Cases, Mark P. Mckenna
Back To The Future: Rediscovering Equitable Discretion In Trademark Cases, Mark P. Mckenna
Journal Articles
Courts in recent years have increasingly made blunt use of their equitable powers in trademark cases. Rather than limiting the scope of injunctive relief so as to protect the interests of a mark owner while respecting the legitimate interests of third parties and of consumers, courts in most cases have viewed injunctive relief in binary terms. This is unfortunate, because greater willingness to tailor injunctive relief could go a long way to mitigating some of the most pernicious effects of trademark law’s modern expansion. This Essay urges courts to reverse this trend towards crude injunctive relief, and to re-embrace their …
The Normative Foundations Of Trademark Law, Mark P. Mckenna
The Normative Foundations Of Trademark Law, Mark P. Mckenna
Journal Articles
This paper challenges the conventional wisdom that trademark law traditionally sought to protect consumers and enhance marketplace efficiency. Contrary to widespread contemporary understanding, early trademark cases were decidedly producer-centered. Trademark infringement claims, like all unfair competition claims, were intended to protect producers from illegitimate attempts to divert their trade. Consumer deception was relevant in these cases only to the extent it was the means by which a competitor diverted a producer's trade. Moreover, American courts from the very beginning protected a party against improperly diverted trade in part by recognizing a narrow form ofproperty rights in trademarks. Those rights were …
Cutting The Bill For Commonwealth Edison's Nuclear Power Plants: Important Gains For Illinois Public Utility Customers, Robert Jones
Cutting The Bill For Commonwealth Edison's Nuclear Power Plants: Important Gains For Illinois Public Utility Customers, Robert Jones
Journal Articles
In 1993 Commonwealth Edison, Illinois’s largest electric utility agreed to pay its customers $1.3 billion, the biggest refund issued by a utility in United States history, and to reduce its electricity rates by $339 million per year. This refund and rate reduction settled a decade-long series of cases with consumer advocates over the billions of dollars Edison spent constructing five nuclear power plants. The litigation not only offered relief to Edison customers, who paid some of the highest rates in the country. It dramatically changed Illinois law, giving public utility companies strong incentive to generate electricity through less costly and …
Welfare And Pension Plans Disclosure Act Amendments Of 1962, G. Robert Blakey
Welfare And Pension Plans Disclosure Act Amendments Of 1962, G. Robert Blakey
Journal Articles
Over-all criticism of the Welfare and Pension Plans Disclosure Act, even as amended, must begin by noting the continuing inadequacy of its disclosure provisions. They are inadequate precisely because they do not require full and complete disclosure. It is clear that strong sanctions now exist which can, if used, deal well enough with such abuses as double dealing and outright thievery. Vigorous prosecution and adequate bonding will do about all that law can do where basic dishonesty is involved. Of greater importance to the ultimate beneficiary, however, is the possibility of incompetent, imprudent or irresponsible management. Only detailed regulation or …