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Sare Manipulation: The Hurdles In Single-Asset Real Estate Cases, David R. Hague 2018 The Catholic University of America, Columbus School of Law

Sare Manipulation: The Hurdles In Single-Asset Real Estate Cases, David R. Hague

Catholic University Law Review

Section 1129 of the Bankruptcy Code allows a debtor to reorganize its plan. But a reorganization must first be approved by at least one “impaired class,” meaning one-half of those in the impaired class as well as two-thirds of the total amount of claims within the impaired class must vote “yes” to reorganization. Within this lens, the composition of the debtor’s classes has a substantial impact on whether a reorganization attempt will be successful. Clearly, this incentivizes debtors to group their claims in a way that maximizes their chances of gaining approval for reorganization.

As such, courts are now ...


The Cfpb’S Endaround, Chris O'Brien 2018 The Catholic University of America, Columbus School of Law

The Cfpb’S Endaround, Chris O'Brien

Catholic University Law Review

The financial crisis of 2008 led Congress to enact the Dodd-Frank Wall Street Reform and Consumer Protection Act and establish the Consumer Financial Protection Bureau (CFPB) to better protect consumers. Although Dodd-Frank and the CFPB introduced sweeping changes to many areas of financial lending, automobile dealers and financers were expressly excluded from oversight by the CFPB. Despite this express limitation on the CFPB’s authority, the Bureau nonetheless expanded its definition of “larger participants” to encompass automobile dealers and financiers. This action has resulted in duplicative regulatory oversight and increased costs to consumers, which in turn, imposes additional burdens on ...


Against Notice And Choice: The Manifest Failure Of The Proceduralist Paradigm To Protect Privacy Online (Or Anywhere Else), John A. Rothchild 2018 Wayne State University Law School

Against Notice And Choice: The Manifest Failure Of The Proceduralist Paradigm To Protect Privacy Online (Or Anywhere Else), John A. Rothchild

Cleveland State Law Review

Notice and choice are the foundational principles underlying the regulation of privacy in online transactions and in most other situations in which individuals interact with the government and commercial interests. These principles mean that before collecting personally identifiable information (PII) from an individual, the collector must provide the individual with a disclosure (notice) of what PII it proposes to collect and how it proposes to use that information. That knowledge enables the individual to make a rational decision (choice) about whether to allow that collection of information, generally by declining to enter into the transaction or, in some situations, by ...


Direct Regulation Of Hedge Funds: An Analysis Of Hedge Fund Regulation After The Implementation Of Title Iv Of The Dodd-Frank Act, Jacob Johnson 2018 DePaul University

Direct Regulation Of Hedge Funds: An Analysis Of Hedge Fund Regulation After The Implementation Of Title Iv Of The Dodd-Frank Act, Jacob Johnson

DePaul Business and Commercial Law Journal

Jacob Johnson is a Class of 2018 Juris Doctor Candidate at DePaul University

College of Law and Research Staff Member of the DePaul Business and Commercial

Law Journal. He earned a B.A. in Political Science and minor in Business from the

University of Illinois at Urbana-Champaign in 2015. He would like to thank his

parents, John and Rebecca Johnson, for their constant support.


Deregulating The Music Industry: A Push To Give Power Back To The Songwriters, Scott Hanus 2018 DePaul University

Deregulating The Music Industry: A Push To Give Power Back To The Songwriters, Scott Hanus

DePaul Business and Commercial Law Journal

Scott Hanus is a class of 2018 Juris Doctor Candidate at DePaul University

College of Law and a member of the research staff of the DePaul Business and

Commercial Law Journal. He earned a B.A. in History and Political Science from

the University of Illinois at Urbana-Champaign in 2015. He would like to thank his

parents, Don and Laura Hanus, for their constant support throughout his academic

career, the editors of the journal for their hard work, and Leo Fender for creating the

Fender Telecaster.


Creating Stability In The International Fashion Industry By Using Corporate Structures And Conglomerates, Joyce Boland-DeVito Esq. 2018 St. John's University

Creating Stability In The International Fashion Industry By Using Corporate Structures And Conglomerates, Joyce Boland-Devito Esq.

DePaul Business and Commercial Law Journal

Abstract:

This paper will analyze the challenges currently facing the global fashion industries as consumers change their shopping habits. During these tumultuous times, retailers should re-evaluate their organizational structures. According to the Forbes Global 2000, apparel companies make up 29 of those top businesses. For instance, a corporate structure helps businesses like TJX Companies (headquartered in Framingham, Massachusetts) – which owns TJ Maxx, Marshalls, HomeGoods and Sierra Trading Post – to operate efficiently and maintain over 1000 stores in the U.S., Canada, U.K., Ireland, Germany, Poland, Austria, The Netherlands and Australia. It sells apparel and home fashions (sheets, pillows, picture ...


Diamonds Aren't Always A Consumer's Best Friend: Considering The Need For Regulation In The Diamond Grading Industry, Hannah Ponders Feist 2018 University of Georgia School of Law

Diamonds Aren't Always A Consumer's Best Friend: Considering The Need For Regulation In The Diamond Grading Industry, Hannah Ponders Feist

Georgia Journal of International & Comparative Law

No abstract provided.


Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore III 2018 St. Mary's University School of Law

Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


The State And Future Of Autonomous Vehicle Regulation In The United States, Nikolay Nyashin 2018 The Graduate Center, City University of New York

The State And Future Of Autonomous Vehicle Regulation In The United States, Nikolay Nyashin

All Dissertations, Theses, and Capstone Projects

Autonomous vehicle technology is poised to revolutionize transit around the world. There are currently tens of private companies either testing or building autonomous vehicles, including industry juggernauts like Ford and Google. This new mode of transportation falls into a regulatory grey area. Once cars reach full autonomy, governments will have to decide what entities will regulate them, where they will be allowed to drive, who will be responsible for them and a host of other issues. In some municipalities like San Francisco and Phoenix, autonomous vehicles (AVs) are being tested on public streets in real life conditions. Meanwhile, in 2017 ...


Keynote Address To The Atlas Conference: “International Business Disputes In An Era Of Receding Globalism”, Lord Peter H. Goldsmith QC, PC 2018 Debevoise & Plimpton LLP

Keynote Address To The Atlas Conference: “International Business Disputes In An Era Of Receding Globalism”, Lord Peter H. Goldsmith Qc, Pc

Georgia State University Law Review

This is a transcript of the luncheon keynote address by Lord Peter Goldsmith at the Sixth Annual Conference of the Atlanta International Arbitration Society (AtlAS) on October 23, 2017.

Lord Peter Goldsmith QC, PC, is London Co-Managing Partner and Chair of European and Asian Litigation at Debevoise & Plimpton LLP. He joined the firm after serving as the UK’s Attorney General from 2001-2007, prior to which he was in private practice as one of the leading barristers in London.

Lord Goldsmith has a long practice in arbitration and in the interface between arbitration and litigation. He appears as counsel for ...


Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey 2018 Alexander Blewett III School of Law at the University of Montana

Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey

Public Land and Resources Law Review

The Comprehensive Environmental Response, Compensation, and Liabiltiy Act, commonly known as CERCLA, facilitates cleanup of hazardous waste sites and those contaminated by other harmful substances by empowering the Environmental Protection Agency to identify responsible parties and require them to undertake or fund remediation. Because pollution sometimes occurrs over long periods of time by multiple parties, CERCLA also enables polluters to seek financial contribution from other contaminators of a particular site. The Ninth Circuit clarified the particuar circumstances under which contribution actions may arise in Asarco LLC v. Atlantic Richfield Co., holding non-CERCLA settlements may give rise to CERCLA contribution actions ...


Perfect Hedge: Adding Precision To The Proposed Sec Rule On Investment Company Use Of Derivatives With A Hedging Exception, David Miller 2018 Boston College Law School

Perfect Hedge: Adding Precision To The Proposed Sec Rule On Investment Company Use Of Derivatives With A Hedging Exception, David Miller

Boston College Law Review

Derivatives are complex financial instruments that derive their value from an underlying asset. Used and valued by commercial and financial institutions, derivatives are booming. Indeed, the growing $600 trillion derivative market dwarfs the $67 trillion stock market. Yet, the magnification effect of derivative leverage on losses has well-documented ties to the 2008 Financial Crisis when AIG, Lehman Brothers, and other financial institutions found themselves indebted on hundreds of billions of dollars in derivative transactions. Since the crisis, investment companies and funds constrained by the Investment Company Act to protect unsophisticated and vulnerable investors have increased their use of derivatives. In ...


Lost Profits In A Multicomponent World, Bernard Chao 2018 University of Denver Sturm College of Law

Lost Profits In A Multicomponent World, Bernard Chao

Boston College Law Review

Given our adversarial system, it is not surprising that plaintiffs advance creative damages theories that would help them maximize their recoveries. In patent law, one recurring tactic for patentees is to seek remedies based on the entire infringing product instead of the specific feature covered by the patent. This distinction can significantly inflate remedies because modern multicomponent products contain thousands, sometimes hundreds of thousands, of different features. Thus, entire products are orders of magnitude larger, more complex, and more valuable than individual features.

In recent years, the Supreme Court has sensibly rejected attempts to base patent remedies on entire products ...


Law School News: 'Marketplace Of Ideas' Imperiled (04-05-2018), David A. Logan 2018 Roger Williams University School of Law

Law School News: 'Marketplace Of Ideas' Imperiled (04-05-2018), David A. Logan

Life of the Law School (1993- )

No abstract provided.


Uniform Commercial Code Reporter-Digest, Frederick M. Hart, William F. Willier, Robert Desiderio 2018 University of New Mexico - Main Campus

Uniform Commercial Code Reporter-Digest, Frederick M. Hart, William F. Willier, Robert Desiderio

Robert Desiderio

No abstract provided.


Reputational Economies Of Scale, Daniel M. Klerman 2018 USC Law School

Reputational Economies Of Scale, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

For many years, most scholars have assumed that the strength of reputational incentives is positively correlated with the frequency of repeat play. Firms that sell more products or services were thought more likely to be trustworthy than those that sell less because they have more to lose if consumers decide they have behaved badly. That assumption has been called into question by recent work that shows that, under the standard infinitely repeated game model of reputation, reputational economies of scale will occur only under special conditions, such as monopoly, because larger firms not only have more to lose from behaving ...


Corporate Social Responsibility And Social Media Corporations: Incorporating Human Rights Through Rankings, Self-Regulation And Shareholder Resolutions, Erika George 2018 S.J. Quinney College of Law, University of Utah

Corporate Social Responsibility And Social Media Corporations: Incorporating Human Rights Through Rankings, Self-Regulation And Shareholder Resolutions, Erika George

Utah Law Faculty Scholarship

This article examines the emergence and evolution of selected ranking and reporting frameworks in the expanding realm of business and human rights advocacy. It explores how indicators in the form of rankings and reports evaluating the conduct of transnational corporate actors can serve as regulatory tools with potential to bridge a global governance gap that often places human rights at risk. This article examines the relationship of transnational corporations in the Internet communications technology sector (ICT sector) to human rights and the risks presented to the right to freedom of expression and the right to privacy when ICT sector companies ...


Board To Death: How Busy Directors Could Cause The Next Financial Crisis, Jeremy C. Kress 2018 University of Michigan

Board To Death: How Busy Directors Could Cause The Next Financial Crisis, Jeremy C. Kress

Boston College Law Review

In the aftermath of the Great Recession, shareholders and regulators expect financial institution boards of directors to play an active role in risk management. To date, however, shareholders, policymakers, and academics have ignored a critical shortcoming: the directors of the United States’ largest financial institutions are too busy to fulfill their governance responsibilities. Many financial institution directors hold full-time executive positions, and most serve on the board of at least one other company. Although these outside commitments provide important learning and networking opportunities, they also contribute to cognitive overload and limit the time that directors spend assessing strategy and risk ...


Consumers, Seller-Advisors, And The Psychology Of Trust, Justin Sevier, Kelli Alces Williams 2018 Florida State University College of Law

Consumers, Seller-Advisors, And The Psychology Of Trust, Justin Sevier, Kelli Alces Williams

Boston College Law Review

Every day, consumers ask sellers for advice. Because they do not or cannot know better, consumers rely on that advice in making financial decisions of varying significance. Sellers, motivated by strong and often conflicting self-interests, are well-positioned to lead consumers to make decisions that are profitable for sellers and may be harmful to the consumers themselves. Short of imposing fraud liability in extreme situations, the law neither protects the trust consumers place in “seller-advisors,” nor alerts them to the incentives motivating the advice that sellers give. This Article makes several contributions to the literature. First, it identifies and defines the ...


A Look Back At The Future Of Ucc Damages Remedies, Roy Ryden Anderson 2018 Southern Methodist University

A Look Back At The Future Of Ucc Damages Remedies, Roy Ryden Anderson

SMU Law Review

Article Two of the Uniform Commercial Code stands today as a living testament to Karl Llewellyn and the many other brilliant and dedicated lawyers from well over a half century ago who participated actively in its drafting. Of the Code’s several articles, Article Two is particularly noteworthy because it alone has survived to the present day without significant substantive amendment. That longevity is most remarkable given the ensuing fifty plus years of expanded knowledge, technological advance, and innovative changes in fundamental business practice that have occurred in our ever-evolving economy. At its inception, much of Article Two represented novel ...


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