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Full-Text Articles in Business

Table Of Contents May 2016

Table Of Contents

Journal of Vincentian Social Action

No abstract provided.


Editors & Editorial Board May 2016

Editors & Editorial Board

Journal of Vincentian Social Action

No abstract provided.


Cover Page May 2016

Cover Page

Journal of Vincentian Social Action

No abstract provided.


Geln W. Rollins Et Al Order On Plaintiffs' Motion To Compel, Melvin K. Westmoreland May 2016

Geln W. Rollins Et Al Order On Plaintiffs' Motion To Compel, Melvin K. Westmoreland

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.


El Alisal (Bernal) - Diseños, Glo No. 265, Monterey County, And Associated Historical Documents. May 2016

El Alisal (Bernal) - Diseños, Glo No. 265, Monterey County, And Associated Historical Documents.

Individual Ranchos in Monterey and SLO Counties

Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hornbeck Rancho Detail Sheet (AKA Detail Sheet) – A summary sheet generated from a land patent database that details the history of a rancho, along with the …


CañAda De La Carpenteria - Diseños, Glo No. 243, Monterey County, And Associated Historical Documents. May 2016

CañAda De La Carpenteria - Diseños, Glo No. 243, Monterey County, And Associated Historical Documents.

Individual Ranchos in Monterey and SLO Counties

Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hornbeck Rancho Detail Sheet (AKA Detail Sheet) – A summary sheet generated from a land patent database that details the history of a rancho, along with the …


A New Hope: South Carolina's Struggle With Domestic Violence, Riley Anne Bearden May 2016

A New Hope: South Carolina's Struggle With Domestic Violence, Riley Anne Bearden

Senior Theses

South Carolina has come into the national spotlight over the past 10 years over it’s consistent issue with domestic violence. With domestic homicide rates consistently over the national average, journalists and researchers have examined everything from the causes of domestic violence, it’s impetus within a person and its cultural influences, to the way that law enforcement and the judicial system handle cases presented to them. South Carolina’s patriarchal background and traditional perspective on gender relations certainly play a role in the high rates of domestic violence in the state, and other cultural factors that could affect the prevalence of abuse. …


El Pescadero (Jacks) - Diseños, Glo No. 280, Monterey County, And Associated Historical Documents. May 2016

El Pescadero (Jacks) - Diseños, Glo No. 280, Monterey County, And Associated Historical Documents.

Individual Ranchos in Monterey and SLO Counties

Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hornbeck Rancho Detail Sheet (AKA Detail Sheet) – A summary sheet generated from a land patent database that details the history of a rancho, along with the …


Cienega Del Gabilan - Diseños, Glo No. 243, Monterey County, And Associated Historical Documents. May 2016

Cienega Del Gabilan - Diseños, Glo No. 243, Monterey County, And Associated Historical Documents.

Individual Ranchos in Monterey and SLO Counties

Diseños - Hand-drawn Spanish-Mexican map demonstrating the physical boundaries of land granted to Mexican citizens by the Spanish or Mexican.

Expediente – Hand-written Spanish-Mexican land grant document issued to Mexican citizens in Alta California for land in Alta-California.

Work Progress Administration Abstract (WPA Abstract) – A summary document prepared in 1938 under the Work Progress Administration program detailing the history of a rancho beginning with the Spanish-American land through the U.S. patenting process.

Hornbeck Rancho Detail Sheet (AKA Detail Sheet) – A summary sheet generated from a land patent database that details the history of a rancho, along with the …


Bringing Down The Temperature, Singapore Management University May 2016

Bringing Down The Temperature, Singapore Management University

Perspectives@SMU

Governments have signed the Paris Agreement to address climate change. Businesses and individuals can play their part to keep the momentum going


Foreword: Twenty-Eighth Annual Corporate Law Symposium: Rethinking Compliance, Felix B. Chang May 2016

Foreword: Twenty-Eighth Annual Corporate Law Symposium: Rethinking Compliance, Felix B. Chang

Faculty Articles and Other Publications

The University of Cincinnati College of Law devoted its 28th Annual Corporate Law Center Symposium to compliance. It was a timely choice, coinciding not only with an explosion of sector regulation in recent years but also with shifting market realities for legal employment and legal education. The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) and the Patient Protection and Affordable Care Act are two prominent examples of major legislation that has added—and will continue to add—to compliance obligations for broad swathes of industries. Meanwhile, the financial crisis has spurred profound transformations in legal employment, including cutbacks in entry …


The Non-Uniform Commercial Code: The Creeping, Problematic Application Of Article 9 To Determine Outcomes In Foreclosure Cases, Morgan L. Weinstein May 2016

The Non-Uniform Commercial Code: The Creeping, Problematic Application Of Article 9 To Determine Outcomes In Foreclosure Cases, Morgan L. Weinstein

The University of New Hampshire Law Review

[Excerpt] “This article will discuss the operation of two portions of the Uniform Commercial Code (“U.C.C.”) on mortgage foreclosure law. Article 3 of the U.C.C. governs negotiable instruments, whereas Article 9 governs secured transactions. For decades, courts have utilized Article 3 to determine the rights of lenders and their assigns to enforce mortgage promissory notes and to foreclose mortgages thereon. However, certain jurisdictions do not utilize the U.C.C. in foreclosure cases, whereas other jurisdictions have recently begun to look to Article 9 instead. This article argues that the Uniform Commercial Code should receive more uniform application, with Article 3 as …


The Arc And Architecture Of Private Enforcement Regimes In The United States And Europe: A View Across The Atlantic, Jason Rathod, Sandeep Veheesan May 2016

The Arc And Architecture Of Private Enforcement Regimes In The United States And Europe: A View Across The Atlantic, Jason Rathod, Sandeep Veheesan

The University of New Hampshire Law Review

The United States and Europe have traditionally taken very different approaches to the regulation of harmful conduct. Previously, European nations relied almost entirely on the public enforcement of laws, whereas the United States relied on a mix of public and private actors. In the United States, private rights of action have played a central role deterring illegal conduct—and, in fact, provided greater deterrence than public enforcers in some areas of law. They have also allowed injured parties to obtain compensation. Despite their very different histories, the private enforcement systems in the United States and Europe are showing signs of convergence …


Legal Marketing Through The Decades: Pitfalls Of Current Marketing Trends, Tanya M. Marcum, Elizabeth A. Campbell May 2016

Legal Marketing Through The Decades: Pitfalls Of Current Marketing Trends, Tanya M. Marcum, Elizabeth A. Campbell

St. Mary's Journal on Legal Malpractice & Ethics

Historically, states did not place restrictions on advertising by professionals; it was not until the beginning of the twentieth century that jurisdictions began to enact prohibitions on marketing of professional services. Eventually, the U.S. Supreme Court recognized the right of professionals to advertise their services and has continued to define the right in the decades since. While lawyers have long advertised in traditional media, such as billboards and television, thanks to the exploding popularity of social media websites like Facebook and Twitter, the available platforms lawyers may use to market their services will continue to multiply.

New and creative approaches …


“Oversight Of The False Claims Act” Testimony By Professor Larry D. Thompson Before The U.S. House Of Representatives Judiciary Subcommittee On The Constitution And Civil Justice, Larry D. Thompson Apr 2016

“Oversight Of The False Claims Act” Testimony By Professor Larry D. Thompson Before The U.S. House Of Representatives Judiciary Subcommittee On The Constitution And Civil Justice, Larry D. Thompson

Presentations and Speeches

Sibley Professor in Corporate and Business Law Larry D. Thompson testifies in a U.S. House of Representatives Judiciary Subcommittee on the Constitution and Civil Justice hearing on “Oversight of the False Claims Act.” The purpose of the hearing was to examine the act’s success and seek ways “to prevent, detect and eliminate false claims costing taxpayer dollars, while ensuring fair and just results.”


Dong Feng Fang Et Al Order On Cross Motions For Summary Judgment, Melvin K. Westmoreland Apr 2016

Dong Feng Fang Et Al Order On Cross Motions For Summary Judgment, Melvin K. Westmoreland

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.


Trading Ahead Of Bad News: Evidence From Short-Sales Of Stocks And The Options Market, Nicholas E. Macksoud Apr 2016

Trading Ahead Of Bad News: Evidence From Short-Sales Of Stocks And The Options Market, Nicholas E. Macksoud

Business and Economics Honors Papers

Throughout the past ten years, the United States Environmental Protection Agency (EPA) has issued hundreds of enforcement actions in the electric, natural gas, and petroleum industries. The vast majority of these citations have been violations of environmental statutes, notably the Clean Air Act (CAA) and the Clean Water Act (CWA). My research evaluates the timing of informed investors’ actions pertaining to the public release of these EPA announcements. Since informed traders have much more leverage in the options market, there seems likely to be a concentration of abnormal put option activity shortly before the time in which the announcements reach …


Souza Order On Motions For Summary Judgment, Elizabeth E. Long Apr 2016

Souza Order On Motions For Summary Judgment, Elizabeth E. Long

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.


Accounting For The Government Funding Of Non-Profits And The Planned Parenthood Federation Of America, Rachel E. Brown Apr 2016

Accounting For The Government Funding Of Non-Profits And The Planned Parenthood Federation Of America, Rachel E. Brown

Senior Honors Theses

Accounting creates a framework for providing transparency in an organization. This foundation is especially important in not-for-profit entities because government grants and contributions often compose significant portions of overall revenues and receipts. An overview of non-profit standards and the government system of distributing funds provides insight into non-profits as a whole and enables the study of specific organizations. As the nation’s largest provider of abortion and family planning services, the Planned Parenthood Federation of America is an especially important organization to study and understand. It receives significant funds from federal and state governments and should receive equally significant evaluation by …


Collentine Order On Defendant's Motion To Dismiss, Or In The Alternative For Judgment On The Pleadings On, The Appealing Plaintiffs' Claims, John J. Goger Apr 2016

Collentine Order On Defendant's Motion To Dismiss, Or In The Alternative For Judgment On The Pleadings On, The Appealing Plaintiffs' Claims, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.


Collentine Order On Plaintiffs' Motion To Compel, John J. Goger Apr 2016

Collentine Order On Plaintiffs' Motion To Compel, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.


Redefining The Rico Statute: Potential Avenues For Improvement, David Scouten Apr 2016

Redefining The Rico Statute: Potential Avenues For Improvement, David Scouten

Senior Honors Theses

The civil application of the Racketeering Influenced and Corrupt Organizations Act (RICO) has been misapplied by the lower courts, but the statute can be improved by incorporating elements that will make the statute a better tool for justice. It is evident from examining the procedural limitations of the statute and important case law that the securities fraud gap, terrorism financing, and difficulties for indirect victims are three critical subjects that need to be addressed by enhancing RICO. Flaws and shortcomings of the RICO statute have led to inconsistencies in court rulings. The expansive language of RICO can be limited to …


The Patent Spiral, Roger Allan Ford Apr 2016

The Patent Spiral, Roger Allan Ford

Law Faculty Scholarship

Examination — the process of reviewing a patent application and deciding whether to grant the requested patent — improves patent quality in two ways. It acts as a substantive screen, filtering out meritless applications and improving meritorious ones. It also acts as a costly screen, discouraging applicants from seeking low-value patents. Yet despite these dual roles, the patent system has a substantial quality problem: it is both too easy to get a patent (because examiners grant invalid patents that should be filtered out by a substantive screen) and too cheap to do so (because examiners grant low-value nuisance patents that …


2016 Research Week, Linda Gardiner, David Owerbach Apr 2016

2016 Research Week, Linda Gardiner, David Owerbach

Office of Research Institutional Research and Scholarship

RESEARCH WEEK 2016 TABLE OF CONTENTS

ADMINISTRATION RESEARCH COMMITTEES ACTIVITY SCHEDULE

LETTERS OF ENDORSEMENT

GENERAL SESSION

FACULTY, STAFF, AND STUDENT POSTER PRESENTATIONS

FACULTY AND STUDENT ORAL PRESENTATIONS


Santa Clara Magazine, Volume 57 Number 2, Spring 2016, Santa Clara University Apr 2016

Santa Clara Magazine, Volume 57 Number 2, Spring 2016, Santa Clara University

Santa Clara Magazine

20 - LET THERE BE LIGHT Frank Cepollina ’59—the NASA maverick who saved Hubble. By Robert Zimmerman.

28 - LIKE NO PLACE ON EARTH Talking with John A. Sobrato ’60 about building Silicon Valley—literally. By Michael S. Malone ’75, MBA ’77.

32 - DISRUPTION IN THE HOUSE Allison Kopf ’11 just won one of the premier startup competitions on the planet. She’s making the Google Analytics of greenhouses. By Ed Cohen.

34 - AN AMERICAN STORY A few words from the remarkable life of Francisco Jiménez ’66. By Steven Boyd Saum.

38 - DR. JEROME HE was a man of …


The Germans And Their Nazi Past: To What Extent Have They Accepted Responsibility?, Martin Hille Apr 2016

The Germans And Their Nazi Past: To What Extent Have They Accepted Responsibility?, Martin Hille

Center for the Study of Ethics in Society Papers

No abstract provided.


Courts, Constituencies, And The Enforcement Of Fiduciary Duties In The Nonprofit Sector, Joseph Mead, Michael Pollack Apr 2016

Courts, Constituencies, And The Enforcement Of Fiduciary Duties In The Nonprofit Sector, Joseph Mead, Michael Pollack

All Maxine Goodman Levin School of Urban Affairs Publications

Directors of nonprofit organizations owe fiduciary duties to their organizations, but the content of these duties—and how and when courts should enforce these duties—has long been debated among scholars and courts. This debate emerges in several areas, including the level of deference to be shown by courts to nonprofit directors (the business judgment rule), who should be allowed to sue to enforce duties (standing), and the type of relief available to prevailing plaintiffs (remedies). Existing literature explores these legal rules in isolation and in abstraction, generally failing to consider how the rules interact with each other and ignoring the empirical …


Examining The Feasibility Of Implementing A Deconstruction Nonprofit In East St. Louis, Il, David M. Hoag Jr. Apr 2016

Examining The Feasibility Of Implementing A Deconstruction Nonprofit In East St. Louis, Il, David M. Hoag Jr.

All Capstone Projects

Background: According to an environmental justice case study by Kozol (2005), East St. Louis is considered the country's most distressed city. It has suffered from environmental and economic misfortunes for several decades. Many residents of the city have left due to the economic conditions of the city, which resulted in a loss of tax base. According to Hou (2010), the loss of tax base has had a severe impact on the community; the city that once had flourishing parks, streets, and businesses has now become blighted with condemned, abandoned, and foreclosed structures. Poor maintenance and neglect has led to decay …


Solving The Puzzle Of Corporate Governance Of State-Owned Enterprises: The Path Of Temasek Model In Singapore And Lessons For China, Christopher C. H. Chen Apr 2016

Solving The Puzzle Of Corporate Governance Of State-Owned Enterprises: The Path Of Temasek Model In Singapore And Lessons For China, Christopher C. H. Chen

Research Collection Yong Pung How School Of Law

The purpose of this Article is to examine the corporate governance of state-owned enterprises (SOEs) in the Asian context by empirically surveying the influence of Temasek Holdings, Singapore’s sovereign wealth fund, on its portfolio of government-linked companies in Singapore. Overall, the Temasek model seems to be a promising one. This Article shows that the top listed government-linked companies in which Temasek has a stake have greater board independence than the other top listed companies in Singapore. This illustrates that a high quality of corporate governance could be aligned with public interests associated with SOEs. While this research offers hope for …


The Erosion Of Autonomy In Online Consumer Transactions, Eliza Mik Apr 2016

The Erosion Of Autonomy In Online Consumer Transactions, Eliza Mik

Research Collection Yong Pung How School Of Law

Online businesses influence consumer behaviour by means of a wide range of technologies that determine what information is displayed as well as how and when it is displayed. This creates an unprecedented power imbalance between the transacting parties, raising questions not only about the permissible levels of procedural exploitation in contract law, together with the adequacy of existing consumer protections but also about the impact of technology on consumer autonomy. There is, however, no single technology that threatens the latter. It is the combined, mutually-enforcing effect of multiple technologies that influence consumer choices at different stages in the transacting process, …