Law Commons^™

Markets In Ip And Antitrust, Herbert J. Hovenkamp

All Faculty Scholarship

The purpose of market definition in antitrust law is to identify a grouping of sales such that a single firm who controlled them could maintain prices for a significant time at above the competitive level. The conceptions and procedures that go into “market definition” in antitrust can be quite different from those that go into market definition in IP law. When the issue of market definition appears in IP cases, it is mainly as a query about the range over which rivalry occurs. This rivalry may or may not have much to do with a firm’s ability to charge a …

The Diminishing Returns Of Incentive Pay In Executive Compensation Contracts, Gregg D. Polsky, Andrew Lund

Scholarly Works

For the past 30 years, the conventional wisdom has been that executive compensation packages should include very large proportions of incentive pay. This incentive pay orthodoxy has become so firmly entrenched that the current debates about executive compensation simply take it as a given. We argue, however, that in light of evolving corporate governance mechanisms, the marginal net benefit of incentive-laden pay packages is both smaller than appreciated and getting smaller over time. As a result, the assumption that higher proportions of incentive pay are beneficial is no longer warranted.

A number of corporate governance mechanisms have evolved to duplicate …

“Impact” In 3d—Maximizing Impact Through Transactional Clinics, Praveen Kosuri

All Faculty Scholarship

In speaking about “impact” clinical legal education, it is almost always exclusively as litigation—innocence projects, representing Guantanamo detainees, human rights concerns, environmental issues. Though these clinical efforts target different societal ills, all try to use the legal system as a catalyst for change. Rarely do clinicians invoke the word “impact” in the same manner in discussing transactional legal work much less transactional clinics. Yet transactional clinics can and do perform impact work. This article describes the current landscape of transactional clinics, the distinct evolution of community economic development clinics from small business and organizations clinics and argues that both can …

Nevada Gaming Licensing Qualifications, Standards, And Procedures, Robert D. Faiss, Gregory R. Gemignani

Occasional Papers

The process of acquiring a Nevada gaming license is long and consists of several procedures. Although the process is time-consuming, it is far from Byzantine or obscure; each step, as defined by statute and precedent, flows logically from the one before. This paper provides an overview of licensing process in Nevada, with additional information on the reasoning behind several of the procedures involved.

Betting On The U.S. Market A Discussion Of The Legality Of Sports Gaming Businesses, Glenn Light, Karl Rutledge, Quinton Singleton

Occasional Papers

Over time, the US sports gaming industry has progressed dramatically beyond what the US anti-gaming law drafters envisioned. The result is a system of mostly antiquated laws controlling modern industry causing confusion across the board. This discussion, therefore, intends to shed light on the US sports gaming legal framework, including analysis of the preeminent US laws that regulate the sports gaming industry and a brief review of various sports gaming businesses that fall within the US legal rubric.

Regulating Business Impacts On Human Rights In Southeast Asia - Lessons From The Eu, Mahdev Mohan

Research Collection Yong Pung How School Of Law

The mid-June endorsement by the United Nations Human Rights Council of a new set of Guiding Principles for Business and Human Rights has been welcomed as the authoritative global standard for corporations to respect human rights. The Guiding Principles are the culmination of a 6-year UN-commissioned study by Professor John Ruggie, which concludes that companies should carry out human rights due diligence to identify, prevent, mitigate, and account for how they address their adverse human rights impacts. Drawing on related regulation in Europe, this article considers how best to implement the Guiding Principles in Southeast Asia.

Trust And The Commitment To Fairness, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Assistant Professor Eugene Tan writes that tripartism has given us years of industrial peace and prosperity in Singapore, but warns that trust must work both ways. The high principle of tripartism does not necessarily mean that the partners will subscribe to the same policies and outlook on what is needed for workplace harmony.

2011 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library, Mark Tebeau

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Mark Tebeau was the guest speaker

Communication And The Pragmatic Condition, Gregory J. Shepherd

Center for the Study of Ethics in Society Papers

Presented March 9, 2011

Disparate Impact Realism, Amy L. Wax

All Faculty Scholarship

In Ricci v. DeStefano, 129 S. Ct. 2658 (2009), the Supreme Court recently reaffirmed the doctrine, first articulated by the Court in Griggs v. Duke Power Company, 401 U.S. 424 (1971), that employers can be held liable under Title VII of the 1964 Civil Rights Act for neutral personnel practices with a disparate impact on minority workers. The Griggs Court further held that employers can escape liability by showing that their staffing practices are job related or consistent with business necessity.

In the interim since Griggs, social scientists have generated evidence undermining two key assumptions behind that decision and its …

Fennell Collection, 1869-1957 (Mss 348), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 348. Account books of Cynthiana Horse Boot Company; materials related to Kentucky Hemp Brake Company of Cynthiana, Kentucky; correspondence of Cynthiana attorneys Chester M. Jewett, J. J. Osborne, William J. Osborne, McCauley C. Swinford, and William Wilson Van Deren.

Section 5: Business, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Marginalist Revolution In Corporate Finance: 1880-1965, Herbert J. Hovenkamp

All Faculty Scholarship

During the late nineteenth and early twentieth centuries fundamental changes in economic thought revolutionized the theory of corporate finance, leading to changes in its legal regulation. The changes were massive, and this branch of financial analysis and law became virtually unrecognizable to those who had practiced it earlier. The source of this revision was the marginalist, or neoclassical, revolution in economic thought. The classical theory had seen corporate finance as an historical, relatively self-executing inquiry based on the classical theory of value and administered by common law courts. By contrast, neoclassical value theory was forward looking and as a result …

Calling Bulls**T On The Lanham Act: The 2(A) Bar For Immoral, Scandalous, And Disparaging Marks, Megan M. Carpenter, Kathryn T. Murphy

Law Faculty Scholarship

As the Lanham Act approaches the age of 65, it is a good time to take stock of its application to, and place within, the object and purpose of trademark law. Trademark law seeks to promote fair competition by reducing consumer search costs and preventing confusion in the minds of consumers as to the source of goods and services. However, Section 2(a) of the Lanham Act prevents registration of marks that are “immoral,” “scandalous,” “disparaging,” “deceptive,” or which “create a false association” with persons, institutions, beliefs, or national symbols. The 2(a) bar expands trademark law well beyond its basic goals. …

Thompson V. Western States Medical Center: An Opportunity Lost, J. S. Falchek, Edward J. Schoen

Rohrer College of Business Faculty Scholarship

No abstract provided.

A Preface To Neoclassical Legal Thought, Herbert J. Hovenkamp

All Faculty Scholarship

Most legal historians speak of the period following classical legal thought as “progressive legal thought.” That term creates an unwarranted bias in characterization, however, creating the impression that conservatives clung to an obsolete “classical” ideology, when in fact they were in many ways just as revisionist as the progressives legal thinkers whom they critiqued. The Progressives and New Deal thinkers whom we identify with progressive legal thought were nearly all neoclassical, or marginalist, in their economics, but it is hardly true that all marginalists were progressives. For example, the lawyers and policy makers in the corporate finance battles of the …

Reflections On The 25Th Anniversary Of The Wmu Center For The Study Of Ethics In Society, Ronald Kramer

Center for the Study of Ethics in Society Papers

Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15, 2010.

Center For The Study Of Ethics In Society: Celebrating 25 Years, Center For The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Papers presented for the Center for the Study of Ethics in Society Western Michigan University.

The Center For The Study Of Ethics In Society At Twenty-Five, Michael S. Pritchard

Center for the Study of Ethics in Society Papers

Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15, 2010.

Reflections On The Role Of The Ethics Center At Wmu, Shirley Bach

Center for the Study of Ethics in Society Papers

Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15, 2010

Reflections On The Role Of The Ethics Center At Wmu, James A. Jaksa

Center for the Study of Ethics in Society Papers

Center for the Study of Ethics in Society: Celebrating 25 Years - Presented November 15,2010.

Securing Human Rights In Business, Mahdev Mohan, Delphia Lim

2008 Asian Business & Rule of Law initiative

No abstract provided.

Poverty Tourism, Justice And Policy, Kevin Outterson, Evan Selinger, Kyle Whyte

Faculty Scholarship

Based on moral grounds, should poverty tourism be subject to specific policy constraints? This article responds by testing poverty tourism against the ethical guideposts of compensation justice, participative justice, and recognition justice, and two case descriptions, favela tours in Rocinha and garbage dump tours in Mazatlan. The argument advanced is that the complexity of the social relationships involved those tours requires policy-relevant research and solutions.

A Comprehensive Study Of The Patent Process, Andrew Schicho

Senior Honors Projects

A Comprehensive Study Of The Patent Application Process
Andrew Schicho
Faculty Sponsor: Bahram Nassersharif, Mechanical Engineering

Next year I will be attending graduate school to attain a PhD in Mechanical Engineering and Materials Science. During this time, I will be completing a research fellowship which involves the study of new forms of green energy. The field of green energy is expanding and new inventions have the potential to be incredibly profitable if they are efficient and competitive in today’s market. It is likely that my research will need to be protected from competitors looking to create similar products for harvesting …

Who Should Talk? What Counts As Employee Voice And Who Stands To Gain, Aditi Bagchi

All Faculty Scholarship

This symposium piece responds to an article by Kenneth G. Dau-Schmidt titled "Promoting Employee Voice in the American Economy: A Call for Comprehensive Reform." Professor Schmidt argues in favor of increasing employee voice in corporate governance. In this reply, Professor Bagchi distinguishes between "hard voice," "soft voice" and information rights as three variants of employee voice. She casts doubt on the material benefits from Professor Dau-Schmidt's proposals, which focus on hard and soft voice, to either employees or corporate stakeholders more broadly. The present focus of corporate governance on the relationship between shareholders and managers, to the exclusion of employees, …

Development For The Past, Present, And Future: Defining And Measuring Sustainable Development, Max Cantor

Senior Honors Projects

In 1987, the United Nations released the Brundtland Report, which defined sustainable development as “development which meets the needs of the present without compromising the ability of future generations to meet their own needs.” While this definition provides a relatively stable theoretical base from which development economists and political scientists can begin to tackle issues surrounding sustainable development, the inherently amorphous nature of this definition has also created a fair amount of ambiguity in both the economic literature surrounding sustainable development and the subsequent attempts by economists to measure it.

Historically, those interested in the science of development have typically …

When The Government Is The Controlling Shareholder, Marcel Kahan, Edward B. Rock

All Faculty Scholarship

As a result of the 2008 bailouts, the United States Government is now the controlling shareholder in AIG, Citigroup, GM, GMAC, Fannie Mae and Freddie Mac. Corporate law provides a complex and comprehensive set of standards of conduct to protect non-controlling shareholders from controlling shareholders who have goals other than maximizing firm value. In this article, we analyze the extent to which these existing corporate law structures of accountability apply when the government is the controlling shareholder, and the extent to which federal “public law” structures substitute for displaced state “private law” norms. We show that the Delaware restrictions on …

China And The New Asia: Policy Recommendations, Tasha N. Haug

Senior Honors Theses

The People’s Republic of China is an indispensable political and economic force in Asia. With the majority of the United States’ foreign economic interests invested in the Asia-Pacific region, the leading role that China is taking is a major concern. The Asia-Pacific region is strategically important to the US. How US policy makers craft foreign policy toward Asia has a direct impact on US involvement in the region. Unless the US becomes more invested in Asia, develops a comprehensive understanding of China’s role in the region, and proactively pursue strategic relationships, US influence in Asian affairs will become a thing …

Scholar Week, Gregg Chenoweth

Scholar Week Archives (2011-2015)

During Scholar Week we take inspiration from 18th century preacher-scholar |ohn Wesley. As “a denominational university in the Wesleyan tradition,” scholarship and piety are thoroughly compatible here. So, in Scholar Week we tune our ear to the gong and echo of Wesley. It is not just history, but his story, even to this day. In our own scholarship projects we join a great cloud of Christians not educated out of their faith, but fashioning an educated faith, where the love of the Lord by heart, soul, strength, and mind is our great and worthy cause.

Dice Or No Dice: The Casino Debate In Massachusetts, College Of Management, University Of Massachusetts Boston

Financial Services Forum Publications

The debate on casinos has intensified over the last few years. Governor Deval Patrick tried to get approval for three casinos back in September 2008, which was rejected by the then Speaker Salvatore Dimasi. However, two years ago, the Governor stood in the way of casinos by vetoing the bill passed by the House and the Senate.

With the economy still recovering from the aftermath of the “Great Recession”, there are talks about job creation and consumer spending all over Massachusetts. Currently, the three most critical players in the government of Massachusetts - Governor Deval Patrick, House Speaker Robert DeLeo, …