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Articles 1 - 13 of 13

Full-Text Articles in Business

The Corporation As Trinity, David A. Skeel Jr. Jan 2021

The Corporation As Trinity, David A. Skeel Jr.

All Faculty Scholarship

In “Corporate Capitalism and ‘The City of God,’” Adolf Berle references Augustine’s theological classic The City of God in service of his contention that corporate managers have a social responsibility. In this Article, I turn to another work by Augustine, The Trinity, for insights into another feature the corporation, corporate personhood. The Trinity explicates the Christian belief that God is both three and one. I argue that corporations have analogously Trinitarian qualities. Much as theologically orthodox Christians understand God to be both one and three, I argue that corporations are best seen as both a single entity and through …


Law Library Blog (May 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law May 2018

Law Library Blog (May 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Peer-To-Peer And Substantial Noninfringing Use: Giving The Term "Substantial" Some Meaning, Richard M. Myrick Oct 2016

Peer-To-Peer And Substantial Noninfringing Use: Giving The Term "Substantial" Some Meaning, Richard M. Myrick

Journal of Intellectual Property Law

No abstract provided.


Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler Mccormick Love Sep 2016

Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler Mccormick Love

Journal of Intellectual Property Law

No abstract provided.


State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett Sep 2016

State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett

Journal of Intellectual Property Law

No abstract provided.


Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts Sep 2016

Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts

Journal of Intellectual Property Law

No abstract provided.


An Alternate Functionality Reality, Harold R. Weinberg Jun 2016

An Alternate Functionality Reality, Harold R. Weinberg

Journal of Intellectual Property Law

The Supreme Court last addressed trade dress law’s functionality doctrine in TrafFix Devices, Inc. v. Marketing Displays, Inc. decided in 2001. This article applies content analysis to data from post-TrafFix functionality cases to provide insights concerning the functionality doctrine. It emphasizes data from cases concerning motions for summary judgment and preliminary injunction. The analysis employs two conceptual constructs: a “useful/aesthetic continuum” and “mixed-character” design features. The article also considers data in light of a “two-bar mandate” and two principles: “useful-scarcity” and “aesthetic-abundance.” It concludes with observations concerning the post-TrafFix functionality doctrine and suggestions for improving its judicial …


Early Afternoon Concurrent Panel Sessions: Commercial Space Industry Snapshot: Presentation: 2015 Commercial Space Industry Snapshot As Seen Through The Eyes Of The International Symposium For Personal And Commercial Spaceflight (Ispcs), Sarah J. Nilsson Esq. Jan 2016

Early Afternoon Concurrent Panel Sessions: Commercial Space Industry Snapshot: Presentation: 2015 Commercial Space Industry Snapshot As Seen Through The Eyes Of The International Symposium For Personal And Commercial Spaceflight (Ispcs), Sarah J. Nilsson Esq.

Aviation / Aeronautics / Aerospace International Research Conference

The International Symposium for Personal and Commercial Spaceflight (ISPCS) is a nonprofit independently run annual event, that has taken place these past 11 years, whose speakers capture the growth and diversification of the global commercial space industry in the form of short powerful talks. Hence, it was appropriate that a 2015 snapshot of the commercial space industry should look at this body of experience and knowledge. The key developments, the key players and an accurate state of the industry are hereby presented through the eyes of the ISPCS from this past eleventh symposium that spanned two days and was held …


2015 Commercial Space Industry Snapshot As Seen Through The Eyes Of The International Symposium For Personal And Commercial Spaceflight (Ispcs), Sarah J. Nilsson Esq. Dec 2015

2015 Commercial Space Industry Snapshot As Seen Through The Eyes Of The International Symposium For Personal And Commercial Spaceflight (Ispcs), Sarah J. Nilsson Esq.

Publications

The International Symposium for Personal and Commercial Spaceflight (ISPCS) is a nonprofit independently run annual event, that has taken place these past 11 years, whose speakers capture the growth and diversification of the global commercial space industry in the form of short powerful talks. Hence, it was appropriate that a 2015 snapshot of the commercial space industry should look at this body of experience and knowledge. The key developments, the key players and an accurate state of the industry are hereby presented through the eyes of the ISPCS from this past eleventh symposium that spanned two days and was held …


Time To Lift The Veil Of Inequality In Health Care Coverage: Using Corporate Law To Defend The Affordable Care Act, Seema Mohapatra Apr 2015

Time To Lift The Veil Of Inequality In Health Care Coverage: Using Corporate Law To Defend The Affordable Care Act, Seema Mohapatra

Faculty Scholarship

No abstract provided.


Section 5: Business, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2012

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

Supreme Court Preview

No abstract provided.


Section 5: Business, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2011

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

Supreme Court Preview

No abstract provided.


Corporate Policy And The Coherence Of Delaware Takeover Law, Richard E. Kihlstrom, Michael L. Wachter Jan 2003

Corporate Policy And The Coherence Of Delaware Takeover Law, Richard E. Kihlstrom, Michael L. Wachter

All Faculty Scholarship

This Article presents a model that can be used to explain key elements of Delaware takeover law. By incorporating corporate policy as a key variable in the model, Delaware law’s management discretion rule can be shown to be best suited for maximizing the value of the corporation and the shareholders’ interest under a set of reasonable assumptions. By allowing for occasional market mispricing and the agency costs associated with managing to the market, we demonstrate that a shareholder choice regime would likely lead to suboptimal investment decisions. In our model, managers are assumed to have better information regarding alternative corporate …