Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Startups (2)
- Agency (1)
- Benefits (1)
- Blockchain 101 (1)
- Blockchain technology (1)
-
- Bringefunding (1)
- Business law (1)
- CFAA (1)
- Code is law (1)
- Commons (1)
- Crowdfunding (1)
- Crowdsourcing (1)
- DMCA (1)
- Data (1)
- Digitalized data (1)
- Disclosure (1)
- Employment (1)
- Ethics (1)
- Federal Rules (1)
- Foreign blocking statutes (1)
- Hague Evidence Convention (1)
- Intellectual property (1)
- Internet financing (1)
- Labor law (1)
- Privacy (1)
- Remedy (1)
- Research ethics (1)
- Section 1782 (1)
- Securties regulation (1)
- Trade secrets (1)
- Publication Year
Articles 1 - 11 of 11
Full-Text Articles in Other Law
Introductions, Tonya M. Evans, Julia Spivak
Introductions, Tonya M. Evans, Julia Spivak
Law Faculty Scholarship
An introduction to the Symposium and an introduction to Blockchain technology in preparation for the topics of the rest of the symposium.
Unbundling Employment Flexible Benefits For The Gig Economy, Seth C. Oranburg
Unbundling Employment Flexible Benefits For The Gig Economy, Seth C. Oranburg
Law Faculty Scholarship
Federal labor law requires employers to give employees a rigid bundle of benefits, including the right to unionize, unemployment insurance, worker’s compensation insurance, health insurance, family medical leave, and more. These benefits are not free—benefits cost about one-third of wages—and someone must pay for them. Which of these benefits are worth their cost? This Article takes a theoretical approach to that problem and proposes a flexible benefits solution.
Labor law developed under a traditional model of work: long-term employees depended on a single employer to engage in goods-producing work. Few people work that way today. Instead, modern workers are increasingly …
U.S. Discovery In A Transnational And Digital Age And The Increasing Need For Comparative Analysis, Vivian Grosswald Curran
U.S. Discovery In A Transnational And Digital Age And The Increasing Need For Comparative Analysis, Vivian Grosswald Curran
Articles
U.S. Courts generally prefer applying the Federal Rules of Civil Procedure over The Hague Evidence Convention for the taking of documentary evidence located abroad. With respect to the French blocking statute with which the Supreme Court was dealing in the seminal case of Aérospatiale, and under the powerful influence of stare decisis, a line of cases developed dismissing the French blocking statute for having been intended by its legislature principally to thwart the sovereignty of the U.S. trial court, and never having been intended to be enforced. Criteria for the general assessment of blocking statutes have emerged from the courts’ …
Personal Property Servitudes On The Internet Of Things, Christina Mulligan
Personal Property Servitudes On The Internet Of Things, Christina Mulligan
Faculty Scholarship
No abstract provided.
Democratizing Startups, Seth C. Oranburg
Democratizing Startups, Seth C. Oranburg
Law Faculty Scholarship
President Obama signed the Jumpstart Our Business Startups (“JOBS Act”) of 2012 into law to “help entrepreneurs raise the capital they need to put Americans back to work and create an economy that’s built to last.” The goal is to “democratize startups” by making capital available to diverse entrepreneurs in new geographies. Yet the net effect of securities regulations and market conditions is the opposite. Startup companies are encouraged to stay private so capital is consolidating in large, mature firms instead of recycling into new startups. Evidence of consolidation is that once-rare “Unicorns” (billion-dollar startups) now number at least 170. …
Bridgefunding Crowdfunding And The Market For Entrepreneurial Finance, Seth C. Oranburg
Bridgefunding Crowdfunding And The Market For Entrepreneurial Finance, Seth C. Oranburg
Law Faculty Scholarship
This Article explores the business environment of entrepreneurial finance through the lens of securities regulations. It finds that regulators should be more concerned with protecting investors from startup failure than from crowdfunding fraud. It recommends an amendment to Regula- tion Crowdfunding that may enable startup success: the limit on fun- draising should be raised from $1 to $5 million.
Code Is Law, But Law Is Increasingly Determining The Ethics Of Code: A Comment, Jonathon Penney
Code Is Law, But Law Is Increasingly Determining The Ethics Of Code: A Comment, Jonathon Penney
Articles, Book Chapters, & Popular Press
“Code is Law”, the aphorism Larry Lessig popularized, spoke to the importance of computer code as a central regulating force in the Internet age. That remains true, but today, overreaching laws are also increasingly subjugating important social and ethics questions raised by code to the domain of law. Those laws — like the CFAA and DMCA — need to be curtailed or their zealous enforcement reigned; they deter not only legitimate research but also important related social and ethics questions. But researchers must act too: to re-assert control over the social, legal, and ethical direction of their fields. Otherwise, law …
Open Secrets, Michael J. Madison
Open Secrets, Michael J. Madison
Book Chapters
The law of trade secrets is often conceptualized in bilateral terms, as creating and enforcing rights between trade secret owners, on the one hand, and misappropriators on the other hand. This paper, a chapter in a forthcoming collection on the law of trade secrets, argues that trade secrets and the law that guards them can serve structural and institutional roles as well. Somewhat surprisingly, given the law’s focus on secrecy, among the institutional products of trade secrets law are commons, or managed openness: environments designed to facilitate the structured sharing of information. The paper illustrates with examples drawn from existing …
Perfect Enforcement Of Law: When To Limit And When To Use Technology, Christina Mulligan
Perfect Enforcement Of Law: When To Limit And When To Use Technology, Christina Mulligan
Faculty Scholarship
No abstract provided.
Privacy Wrongs In Search Of Remedies, Joel R. Reidenberg
Privacy Wrongs In Search Of Remedies, Joel R. Reidenberg
Faculty Scholarship
The American legal system has generally rejected legal rights for data privacy and relies instead on market self-regulation and the litigation process to establish norms of appropriate behavior in society. Information privacy is protected only through an amalgam of narrowly targeted rules. The aggregation of these specific rights leaves many significant gaps and fewer clear remedies for violations of fair information practices. With an absence of well-established legal rights, privacy wrongs are currently in search of remedies. This Article first describes privacy rights and wrongs that frame the search for remedies in the United States. It explores public enforcement of, …
Regulation Of Securities And Security Exchanges In The Age Of The Internet, Roberta S. Karmel
Regulation Of Securities And Security Exchanges In The Age Of The Internet, Roberta S. Karmel
Faculty Scholarship
No abstract provided.