Business Commons^™

Name, Image, Likeness And The Great American Pastime, Barbara Lauriat

Dickinson Law Review (2017-Present)

The ability of high-profile athletes to commercialize name, image, and likeness (NIL) rights is at the center of many current controversies about the future of college sports in the United States. This Article describes how what we call NIL protection— largely based on publicity rights doctrines developed in the mid-20th century—is historically recent, conceptually unstable, and insufficiently scrutinized, even though it now underwrites major entertainment markets in sports. Just as baseball is a sport particularly identified with the United States, there is also a peculiarly American approach to the protection of persona. Using baseball as the central case study, the …

James Stone & Sons Ledgers Collection

Archives & Special Collections: Finding Aids (alphabetical)

Two ledgers which document the financial transactions in the Oxford, Mississippi law firm James Stone and Sons between June 1939 and August 1954.  The attorney Phil Stone was a friend of the young William Faulkner, sharing an intense interest in literature as well as serving as Faulkner’s attorney in later years.

Collective Bargaining In The Usa : Union Success Within And Outside Of The Flawed Legal Framework, Angela B. Cornell

Cornell Law Faculty Publications

The labour movement in the US experienced a powerful upswing under President Biden, but even with a labour-friendly administration thousands of new bargaining units labour without collective bargaining agreements years a#er being organised. The many limitations and weaknesses of the collective-bargaining framework under the private-sector statute, the NLRA, contribute to this very unfortunate outcome including enterprise rather than sectoral bargaining, a lack of meaningful remedies for serious bargaining violations, very little interest arbitration when the parties cannot reach agreement and the extremely limited right to strike. Millions of American workers are deprived of the right to bargain collectively because of …

Women's Work And Wealth: Measuring The Impact Of Incremental Liberations, 1850-1870, Hannah Kelly

Williams Honors College, Honors Research Projects

Using a two-way fixed effects difference-in-difference model, this project analyzes data from the IPUMS Full Count census for 1850, 1860, and 1870 at a state level for 48 states. Four models assess the impact of property laws on women's real property holdings, labor force participation, household types, and real property values.

By quantifying the impact of various legal reforms on women's economic empowerment, this project fills a gap in the understanding of the intersection between law, society, and women's economic agency during a transformative period in pre-industrial American history. These impacts can implicate the effectiveness of legislative measures in advancing …

Leading From Where You Are: How Projects Build Leadership Skills In Law Libraries, Susan Azyndar, Yan Yu

Journal Articles

Practical ways to develop leadership skills through collaborative projects–no title required.

Governing Generative Ai In Higher Education: A Global Delphi Study On Policy And Practice, Helen Crompton, Diane Burke, Christine Nickel, Aras Bozkurt, Fengchun Miao, Mike Sharples, Jeffrey Alan Greene, David Parsons, Lucy Gill-Simmen, Adam Edmett, Mark Pegrum, Inge De Waard, Curtis J. Bonk, Manuel B. Garcia, John H. Curry, Leeann Lindsey, Mohan Yang, Stephen Marshall, Maha Bali, Nellie Deutsch, Suzaan Le Roux, Mourad Benali, Mohd Ali Bin Samsudin, Hasan Tinmaz, Matthew L. Bernacki, Mari Van Wyk, Lenandlar Singh, Agnes Chigona, Lance Eaton, Junhong Xiao, Johanna Velander, Jinhee Kim, Francisco Bellas, R. Rajalakshmi, Andréia De Bem Machado, Agnieszka Palalas, Sean Yu

STEMPS Faculty Publications

As GenAI technologies become more pervasive in higher education (HE), scholars call for guidance on AI governance. To meet this need, a Delphi technique and collective writing was used in gathering expert perspectives from across 22 countries/locations and six continents. This resulted in the development of a HE GenAI policy/guidelines framework with eight core areas: (1) academic integrity, (2) ethical use and responsible use, (3) privacy and protection, (4) equitable access, (5) GenAI literacy, (6) integration strategy, (7) human oversight and accountability, and (8) institutional support and infrastructure. In addition, a six-part framework was developed to ensure that policies remain …

From Regulation To Practice: Exploring Aml/Kyc Compliance, Proportionality, And Technology In The Art Market, Layla Rujugiro

MA in Art Business Dissertations

To sum - this dissertation examines how the UK’s adoption of 5AMLD through MLR 2019 has shaped compliance practices within the AM, focusing on SMEs classified as AMPs. Five interviews and a survey of 24 London galleries, highlight how uniform regulation create uneven impacts across the sector. The study argues that clearer guidance, proportionate fees, and accessible training are essential for effective compliance, while RegTech tools, though helpful, cannot replace AMP responsibility.

Measuring Effective Labour Regulation In The Less Developed World: Recent Advances And Challenges Ahead, Lucas Ronconi, Steven Raphael

Comparative Labor Law & Policy Journal

This article critically reviews the literature on labour enforcement with a focus on less developed countries. Despite measurement limitations, the evidence indicates that enforcement is quite low in poorer countries; there are fewer inspectors and inspections, lower penalties, and less trust in the judiciary compared to richer countries. The lower level of enforcement contributes to higher rates of violations of workers’ rights. More controversial are the effects of enforcement on employment. Moreover, it is unclear how to prompt less developed countries to increase enforcement. This article discusses the scant evidence about the role of trade agreements, labour unions, international organizations, …

Corporatism For The Informal Economy: Democratising The Potential Of The Mathadi Tripartite Board Model, Shelley Marshall, Hila Shamir, Babu P. Remesh, Anjali Sharma

Comparative Labor Law & Policy Journal

This article examines the Mathadi Boards in Pune, India, as a pioneering example of corporatist regulation adapted to the informal economy. These tripartite institutions — comprising workers, employers, and the state — negotiate legally binding agreements on wages and working conditions for informal labourers, offering social protections and formalization without relying on traditional employment contracts. Drawing on extensive fieldwork and interviews, the study explores the Boards’ structure, governance, and impact, highlighting their potential as scalable models for informal labour regulation globally. It also identifies challenges related to representation, enforcement, and social exclusion, offering insights into how corporatist frameworks can be …

Collective Labour Dispute Resolution In Vietnam: The Evolution Of Rules And Institutions And Workers’ Strategic Deployment Of State Regulation, Trang T.K. Tran

Comparative Labor Law & Policy Journal

While Vietnam has established a legal system for labour disputes that largely mirrors those in developed countries, empirical evidence reveals these formal mechanisms are rarely, if ever, used to resolve collective disputes. The persistent failures of the formal mechanisms have, paradoxically, created an environment where workers and trade unions have developed innovative, informal strategies to leverage the state’s legal framework. Workers in Vietnam mobilize around the very existence of labour laws to exert pressure on employers and state institutions to intervene on their behalf, even if not directly following each labour laws’ procedure. This strategic deployment of state regulation, often …

First-Job Contract Review Cheat Sheet, Johanna Jones-Morris, Ashlee Martellacci

Teaching and Learning Resources

This cheat sheet helps first-time employees understand what to review before signing an employment contract. It highlights job duties, compensation, scheduling, employment terms, benefits, restrictive clauses, worker classification, and common red flags so that individuals can ask informed questions and recognize potentially unfair or unclear terms.

The Notion Of Subordination And The Presumption Of Employment Relationship In The Perspective Of Comparative Labour Law, Adalberto Perulli

Comparative Labor Law & Policy Journal

The concept of subordination serves as the key criterion for accessing social protection across civil law systems. Theoretically, subordination corresponds to what common law systems define — through multifactorial tests — as an employment (or service) contract, distinguishing it from self-employment. While this historic dichotomy is widely regarded as unsatisfactory and has long been questioned, the notion of subordination remains central to ensuring that workers receive the protection guaranteed under the labour law systems. Part I will address the problem of subordination as a fundamental legal category of labour law, rooted in contract law. Regardless of the complex legal origins …

Front Matter, Editors Of Comparative Labor Law & Policy Journal

Comparative Labor Law & Policy Journal

Front Matter

Book Review: Défense Et Illustration De L’Action Internationale: L’Example De L’Oit By Jean-Michel Servais, Editions L’Harmattan, 20251, Lance Compa

Comparative Labor Law & Policy Journal

For decades a leading figure among senior legal officials at the International Labour Organization (ILO), Jean-Michel Servais has synthesized his experience in a magisterial work that every international labour law scholar and practitioner should have on hand — if they read French. This brief review is meant to introduce it to a broader audience, with hope that the book might be translated and published for the benefit of English readers, too.

Laws, Looting, And Legitimate Trade: The Effectiveness Of The Icc At Prosecuting Cultural Heritage Crimes From An Art Market Perspective, Kassidy Houlihan

MA in Art Business Dissertations

This dissertation is a legal analysis of cultural heritage crime prosecution at the International Criminal Court aimed for art market practitioners. It seeks to evaluate whether the ICC could be an effective means of prosecuting cultural heritage crime in a way that positively effects the art market. It closely reads the Rome Statute to determine how the cultural heritage crimes of looting and intentional destruction of cultural property could be charged at the ICC. It then uses the case studies of Prosecutor v. Al Mahdi and Prosecutor v. Al Hassan, the only two cultural heritage cases at the ICC to …

Politics As Usual: Racial Pay Inequity And The Illusion Of Inclusion In The Rise And Fall Of Diversity, Equity, Inclusion, And Accessibility Executive Orders, Francois C. Melville

West Chester University Graduate Theses, Dissertations, and Final Projects

This research examines pressing moral policy questions of our time: who determines when the United States of America has fulfilled its broken promise of equality for all, and what constitutes an appropriate measure of reparative justice. It interrogates why the Diversity, Equity, and Inclusion (DEI) Executive Orders (EOs) implemented across presidential administrations, intended to advance social equity, were grounded in conflict and symbolic gestures rather than scientifically evidenced issues such as wage inequality directly linked to upward career mobility. Race conscious policy generates cultural clashes centered on the perception that gains made by Black and Brown Americans come at the …

Does Bidder Complexity Affect Market Reactions To M&A Decisions?, Rajib Chowdhury, John A. Doukas

Finance Faculty Publications

We examine whether and how bidder complexity influences investor reactions to merger and acquisition (M&A) announcements. Using an established measure of complexity, we find a significant positive relationship between acquiring firm complexity and cumulative abnormal returns (CAR). This suggests that investors perceive more complex firms as capable and value-enhancing participants in M&A activities. The association is particularly strong for bidders with high operating risk, greater R&D intensity, and larger firm size. We also find that complex bidders tend to offer higher takeover premiums. Overall, our study contributes to the literature by demonstrating that bidder complexity is an important determinant of …

Can Corporations Be Trusted? Voluntary Compliance And The Limits Of Non-Coercive Business Regulation, Yuval Feldman

American University Business Law Review

This Article extends the voluntary compliance framework developed in Can the Public Be Trusted? The Promise and Perils of Voluntary Compliance, to the corporate context. While recent scholarship has explored when states can rely on non-coercive regulatory approaches with individual citizens, comparatively little attention has been paid to whether these insights translate to business entities. This Article argues that corporations present both greater challenges and greater opportunities for voluntary compliance regimes. On one hand, the instrumental orientation of corporate decision-making, amplified by fiduciary duties and competitive pressures, may systematically undermine the intrinsic motivations that voluntary compliance frameworks depend upon. Drawing …

Blame It On The Algorithm (But Sue Them Both): Joint Enterprise And Agency In Ai-Driven Hiring Discrimination, Khushi Palan

American University Business Law Review

The proliferation of artificial intelligence (AI) in hiring processes has created a significant accountability gap in employment discrimination law. While federal statutes like Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act focus on finding liability for traditional employers, they fail to adequately address the unique role of third-party AI vendors whose algorithms often drive discriminatory outcomes. This Comment examines the emerging legal landscape through the lens of Mobley v. Workday, where the District Court for the Northern District of California recognized that AI vendors can function as “agents” of …

Public Facing, Privately Shielded: The Employment Gap Created By Title Vii’S Private Club Exemption, Ansley Salmon

American University Business Law Review

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination by employers but exempts “bona fide private membership clubs” that are tax-exempt under Internal Revenue Code Section 501(c). Despite this seemingly clear statutory language, there is a notable lack of appellate decisions interpreting this exemption under Title VII. This scarcity of precedent has led to inconsistent approaches across circuits. For example, the Fifth Circuit has drawn heavily from the Private Club Exemption under Title II of the Civil Rights Act while the Seventh Circuit has treated the two exemptions as entirely distinct. This Comment argues that the Title …

The Tech-Nuclear Renaissance: A New Critical Juncture For American Nuclear Energy Policy, Henry P. Otte

CMC Senior Theses

Nuclear energy has re-emerged as a central priority in American energy policy. This thesis examines the Trump administration’s efforts to support nuclear energy development and plant restarts, and asks whether today’s nuclear renaissance represents a critical juncture for nuclear energy policy. By analyzing American, French, and Swedish nuclear energy history, this thesis applies a three-variable analytical framework, state autonomy and administrative structure, political permeability, and crisis influence, to identify the institutional conditions necessary for durable policy change and evaluate the structural characteristics of this new environment. The central finding is that today’s push is distinct from prior attempts at expansion, …

Dental Professionalism In A Changing World: Challenges & Opportunities, Robert P. Iovino, Dds, Ma Dds, Ma

Journal of the American College of Dentists

This manuscript examines the erosion of traditional dental professionalism amid rising educational costs, declining membership in professional associations, and the growing influence of corporate ownership and private equity in dentistry. Drawing perspectives from economics, sociology, philosophy, law, and ethics, it traces the historical development of professional licensure and its role in safeguarding clinical autonomy, ethical integrity, and public trust. The analysis highlights how deregulation and profit-driven practice models challenge the profession’s social contract. The manuscript argues that preserving strong civic institutions, restrictive licensure standards, and humanities-informed education is essential to sustaining dentistry as a learned profession rather than a commodified …

Timing Whistleblowing, Andrew K. Jennings

Faculty Articles

Whistleblower programs (WBPs) expose hidden corporate wrongdoing. They do so by offering retaliation protection and financial bounties to those who bring original information to law enforcement about unseen, and often complex, misconduct. Under a standard account, whistleblowing serves the public interest by increasing the ex post detection of illegal activity and the ex ante risk of its exposure. That standard view—which centers whistleblowing on detecting wrongdoing—is incomplete, however. To present a fuller view, this Article introduces a complementary model that refocuses whistleblowing as preventing wrongdoing. Working together, these models show that a WBP can do more than enable detection at …

Fluid Agency In Ai Systems: A Case For Functional Equivalence In Copyright, Patent, And Tort, Anirban Mukherjee, Hannah H. Chang

Research Collection Lee Kong Chian School Of Business

Modern Artificial Intelligence (AI) systems exhibit fluid agency in multi-step workflows: lacking human-like consciousness or culpability, yet they display behavior that is (i) stochastic (probabilistic and path‑dependent), (ii) dynamic (co‑evolving with user interaction), and (iii) adaptive (able to reorient across contexts). These properties generate valuable outputs but collapse attribution, irreducibly entangling human and machine inputs. Doctrines that assume traceable provenance—authorship, inventorship, and liability—fracture under this unmappability, yielding ownership gaps and moral “crumple zones.”This Article argues that only functional equivalence stabilizes doctrine under unmappability: Where provenance is indeterminate, legal frameworks should treat human and AI contributions as equivalent for allocating rights …

Crypto Litigation And Market Efficiency, Robert E. Bishop, Bradford Levy, Frank Partnoy, Daniel Taylor, Andrew Yeh

Faculty Scholarship

This paper investigates, for the first time in the literature, the factors that should matter to courts in determining whether a crypto  market is “efficient,” meaning that prices are sufficiently responsive to information. Based on new empirical evidence and a series of event studies, we recommend a new judicial framework for assessing market  efficiency in crypto litigation.

Market efficiency tests based on event studies have played an important role in other areas of litigation, particularly securities litigation, where courts frequently rely on what have become known as the “Cammer factors.” Academics have not yet assessed the extent to which market …

Tinjauan Frasa “Setiap Orang” Dalam Pasal 3 Ayat (1) Peraturan Pemerintah Nomor 56 Tahun 2021 Tentang Pengelolaan Royalti Hak Cipta Lagu Dan/Atau Musik, Fajar Hidayansyah Ilham, Luna Dezeana Ticoalu

Jurnal Hukum & Pembangunan

Copyright is one form of legal protection for intellectual works, occupying an important position within the intellectual property law system. The Copyright Law explicitly grants exclusive rights to creators, encompassing both moral rights and economic rights. Economic rights, as stipulated in Article 9 paragraph (1), allow creators to obtain economic benefits from their works, ranging from publication, reproduction, distribution, performance, to communication to the public. This provision shows that creators hold a primary position as legal subjects entitled to protection, while also serving as central actors in the creative industry ecosystem. In practice, the mechanism for copyright protection requires implementing …

Psychometric Properties Of The Digital Psychological Competence Scale For University Students In The Kingdom Of Saudi Arabia, Mona Saad Falih Alamri

University of Tabuk Journal for Humanities and Social Sciences

Higher education has undergone a rapid digital transformation, requiring students to navigate technology-rich learning environments that demand integrated cognitive and psychological competencies. This study aimed to develop and validate a Psychodigital Competence Scale for university students in the western region of Saudi Arabia, using a sample of 523 students. The initial version included 21 items, which were revised through expert judgment (agreement >= 80%) to produce a final 16-item, four-factor scale. Construct validity was assessed using a pilot sample, and Pearson correlations demonstrated statistically significant item-scale relationships at the 0.05 and 0.01 levels. Reliability indicators showed significant split-half reliability (p < 0.01) and a high Cronbach's alpha coefficient (0.908). Exploratory factor analysis supported data suitability (KMO = 0.85, Bartlett's test p < 0.01, determinant = 0.011), and confirmatory factor analysis validated the four-factor model. These findings confirm strong psychometric properties, establishing the scale as a reliable tool for psychological and educational research.

Level Of Integration Of Learning Disability Program Services From The Perspective Of Learning Disability Supervisors And Teachers In Taif City, Abdullah Ahmed Ali Alghamdi

University of Tabuk Journal for Humanities and Social Sciences

This study aimed to investigate the level of functional integration among the core elements of learning disabilities programs in Taif, by surveying the opinions of those working in these programs within a comprehensive evaluation framework. This framework considered the governing legislation and regulations, the efficiency of diagnostic and assessment processes, the effectiveness of implementing Individualized Education Plans (IEPs), and other operational components that form the scientific and practical basis for the quality of educational services in these programs. The study adopted a descriptive approach, deemed most suitable for understanding the field reality, and its instruments as survey were applied to …

Arabic Proverbs From The Perspective Of Ancient Logic: Al-Maydani's Collection Of Proverbs As A Model, Shihana Saeed Abdullah Al-Shahrani

University of Tabuk Journal for Humanities and Social Sciences

This research aims to reveal the manifestations of logic in Arabic proverbs, as short, condensed texts that express the Arab mind's experience in deconstructing the contents of Arabic proverbs and maxims in light of the concepts of ancient logic and analyzing them as anthropological tools for establishing cultural truths that reflect the structure of collective Arab consciousness. The research dealt with the logical structure in proverbs in terms of the relationship between premise and conclusion, signifier and signified, and induction and deduction. This demonstrates that the Arabic proverb was not merely a literary or social expression, but rather a rational …

Heritage In Digital Literary Discourse: An Analytical Approach To Fawaz Al-Laboun's Tweets, Zuhir Hassan Saeed Alamri

University of Tabuk Journal for Humanities and Social Sciences

This study examines heritage in digital literary discourse through an analytical approach to the tweets of Fawaz Al-Laboun, within a contemporary narrative context shaped by the digital sphere, where narrative forms intersect with creative expression. The study traces transformations in the presence of heritage within the digital environment and explores the potential of short-form narration when employed to generate poetic, cultural, and rhetorical meanings on social media platforms, particularly X. The study relies on the analysis of six selected digital news texts drawn from Al-Laboun's posts. These texts were chosen based on their connection to cultural memory and narrative structure, …