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Full-Text Articles in Business

Celebrities’ Expansive “Right Of Publicity” Infringes Upon Advertisers’ First Amendment Rights, Jon Siderits Mar 2016

Celebrities’ Expansive “Right Of Publicity” Infringes Upon Advertisers’ First Amendment Rights, Jon Siderits

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Supreme Court Tie In Teacher Case Delivers A Crucial Victory To Unions, Angela B. Cornell Mar 2016

Supreme Court Tie In Teacher Case Delivers A Crucial Victory To Unions, Angela B. Cornell

Cornell Law Faculty Publications

No abstract provided.


Frances B. Bunzl Order On Defedant's Sutherland Asbill & Brennan Llp Motion To Dismiss, Melvin K. Westmoreland Mar 2016

Frances B. Bunzl Order On Defedant's Sutherland Asbill & Brennan Llp Motion To Dismiss, Melvin K. Westmoreland

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

No abstract provided.


Frances B. Bunzl Order On Defedant's Motion To Dismiss, Melvin K. Westmoreland Mar 2016

Frances B. Bunzl Order On Defedant's Motion To Dismiss, Melvin K. Westmoreland

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

No abstract provided.


Family Law And Entrepreneurial Action, D. Gordon Smith Mar 2016

Family Law And Entrepreneurial Action, D. Gordon Smith

Faculty Scholarship

In "The Contractual Foundation of Family-Business Law," Benjamin Means aspires to lay the groundwork for a law of family businesses. In this brief response essay, I suggest that a workable family-business law along the lines suggested by Means is consistent with an overarching policy in the United States of promoting entrepreneurial action, and I evaluate the proposal against this policy goal, with particular attention to Means’s arguments in favor of “family-business defaults” and his concern over the potentially disruptive role of fiduciary law.


Miller Order On Plaintiff's Motion To Compel Discovery Pursuant To O.C.G.A. § 9-11-37, Elizabeth E. Long Mar 2016

Miller Order On Plaintiff's Motion To Compel Discovery Pursuant To O.C.G.A. § 9-11-37, Elizabeth E. Long

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

No abstract provided.


Why Now Is The Time To Statutorily Ban Insider Trading Under The Equality Of Access Theory, Bruce W. Klaw Mar 2016

Why Now Is The Time To Statutorily Ban Insider Trading Under The Equality Of Access Theory, Bruce W. Klaw

William & Mary Business Law Review

This Article makes the case for a new U.S. statutory provision that defines and prohibits insider trading under an “equality of access” theory. It supports this claim, and contributes to the important public dialogue concerning this prevalent practice, by highlighting the moral and legal gaps in existing U.S. law that result from understanding the harms of trading on the basis of material nonpublic information solely with reference to fiduciary breach or misappropriation, as evidenced by the recent cases of United States v. Newman and United States v. Salman. It weaves legal analysis together with current literature in business ethics, moral …


Do Teacher Pay For Performance Schemes Advance American Education? What Education And Business Can Learn From Each Other In The Education Reform Movement, Devin R. Bates Mar 2016

Do Teacher Pay For Performance Schemes Advance American Education? What Education And Business Can Learn From Each Other In The Education Reform Movement, Devin R. Bates

William & Mary Business Law Review

States are quickly moving away from the uniform salary schedule used to compensate teachers and are instead implementing various forms of Pay for Performance. While Pay for Performance compensation schemes have proved effective in some areas of business, they are not uniformly applicable and are ill-suited to education reform. By outlining recent developments in this area of the law and by reviewing the justifications for Pay for Performance schemes, this Note shows what education can learn from business and what business can learn from education. Ultimately, it is in the self-interest of businesses to oppose the implementation of Pay for …


Burgers, Doughnuts, And Expatriations: An Analysis Of The Tax Inversion Epidemic And A Solution Presented Through The Lens Of The Burger King-Tim Hortons Merger, Chris Capurso Mar 2016

Burgers, Doughnuts, And Expatriations: An Analysis Of The Tax Inversion Epidemic And A Solution Presented Through The Lens Of The Burger King-Tim Hortons Merger, Chris Capurso

William & Mary Business Law Review

Currently, the concept of tax inversion is a major corporate phenomenon. In the United States, companies pay taxes on all earnings, whether or not they were accumulated here. With one of the highest corporate tax rates in the world, this is a major expense for U.S. corporations competing in the world market. While most companies simply deal with the tax burden, some U.S. corporations buy foreign companies and relocate the company headquarters to the acquisition’s home country. This corporate expatriation allows companies to avoid U.S. taxes on earnings in a number of ways. This Note will examine tax inversion through …


Establishing Construct Validity And Reliability: Pilot Testing Of A Qualitative Interview For Research In Takaful (Islamic Insurance), Maryam Dikko Mar 2016

Establishing Construct Validity And Reliability: Pilot Testing Of A Qualitative Interview For Research In Takaful (Islamic Insurance), Maryam Dikko

The Qualitative Report

This paper describes the process of the conduct of preliminary tests to determine the construct and content validity of the chosen data collection method for a study into the relationship between Islamic principles and objectives, Islamic financial law and takaful (slamic Insurance) operations and practices in Nigeria. Semi-structured interviews were tested on a select group of respondents mirroring the intended subjects in the field. The pilot test showed the construct to be both valid and reliable while giving the opportunity to insert refinements to the research tool.


Tin Star Development Llc Order On Defendants' Motion To Dismiss Plaintiffs' First Amended Complaint, Or In The Alternative, Motions For More Definite Statement, John J. Goger Mar 2016

Tin Star Development Llc Order On Defendants' Motion To Dismiss Plaintiffs' First Amended Complaint, Or In The Alternative, Motions For More Definite Statement, John J. Goger

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

No abstract provided.


Morris Hardwick Order On Motion For Protective Order, Melvin K. Westmoreland Mar 2016

Morris Hardwick Order On Motion For Protective Order, Melvin K. Westmoreland

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

No abstract provided.


Dong Feng Fang Order On Motions To Dismiss, Melvin K. Westmoreland Mar 2016

Dong Feng Fang Order On Motions To Dismiss, Melvin K. Westmoreland

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

No abstract provided.


Protecting Reasonable Expectations: Mapping The Trajectory Of The Law, Edward J. Waitzer, Douglas Sarro Mar 2016

Protecting Reasonable Expectations: Mapping The Trajectory Of The Law, Edward J. Waitzer, Douglas Sarro

Articles & Book Chapters

The doctrine of reasonable expectations has evolved into a powerful tool for judicial and regulatory activism and, as a result, a bellwether for the trajectory of the law. The concept has broadened — both in scope and in the range of potential claimants. Yet it has been used to achieve goals that are remarkably consistent across different areas of law: first, to require powerful actors to treat stakeholders fairly, which entails treating them with honesty and avoiding actions that would impose unnecessary or disproportionate costs on them; second, to uphold the integrity of legal or regulatory regimes by remedying actions …


Thawing Out: The Role Of The Arctic Council Service In A Melting Arctic, Taylor J. Enos Mar 2016

Thawing Out: The Role Of The Arctic Council Service In A Melting Arctic, Taylor J. Enos

Pell Scholars and Senior Theses

With the changing natural and political climate of the Arctic, conflicts over resource extraction and navigation will become inevitable. Empowering an intergovernmental institution like the Arctic Council Service may be the only solution. This paper analyzes the importance and history of the Arctic as a political environment, which is prone to abuse in the very near future at the hands of Russia and the United States.


The Impact Of Pacific Lutheran On Collective Bargaining At Catholic Colleges And Universities, Maryann Parker, Saerom Park Feb 2016

The Impact Of Pacific Lutheran On Collective Bargaining At Catholic Colleges And Universities, Maryann Parker, Saerom Park

Journal of Collective Bargaining in the Academy

In 1979, the Supreme Court found that teachers at a Catholic parochial school were exempt from the National Labor Relations Act (NLRA) because of First Amendment religious infringement risks. Subsequently, the National Labor Relations Board (NLRB) has faced controversy over its efforts to delineate an appropriate test for the religious exemption in the higher education context. This uncertainty over the NLRB’s test has resulted in time-consuming litigation and hampered faculty’s ability to organize at schools where Board jurisdiction would not present a significant risk of First Amendment infringement. This paper argues that the Board’s recent decision in Pacific Lutheran University …


Mondi Bags Order On El Dorado Packaging's Objection & Emergency Motion To Quash Subpoena, Elizabeth E. Long Feb 2016

Mondi Bags Order On El Dorado Packaging's Objection & Emergency Motion To Quash Subpoena, Elizabeth E. Long

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

No abstract provided.


Pulte Home Corporation Order On Plaintiff's Motion For More Definite Statement As To Defendant's Sixth And Ninth Defenses And Motion To Strike Defendant's Third Defense, John J. Goger Feb 2016

Pulte Home Corporation Order On Plaintiff's Motion For More Definite Statement As To Defendant's Sixth And Ninth Defenses And Motion To Strike Defendant's Third Defense, John J. Goger

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

No abstract provided.


Dong Feng Fang Order On Motion To Sever, Melvin K. Westmoreland Feb 2016

Dong Feng Fang Order On Motion To Sever, Melvin K. Westmoreland

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

No abstract provided.


Pilot Perceptions On Impact Of Crew Rest Regulations On Safety And Fatigue, Lukas Rudari, Mary E. Johnson, Robert C. Geske, Lauren A. Sperlak Feb 2016

Pilot Perceptions On Impact Of Crew Rest Regulations On Safety And Fatigue, Lukas Rudari, Mary E. Johnson, Robert C. Geske, Lauren A. Sperlak

International Journal of Aviation, Aeronautics, and Aerospace

The risk of fatigue on pilot performance and safety is well recognized in aviation. In response to increased safety concerns, the Federal Aviation Administration addressed fatigue risk for passenger airline pilots in Title 14 Code of Federal Regulations Part 117, which included accommodations to address fatigue related risk-factors such as circadian rhythm and the phenomenon commonly described as jet-lag. The rule became effective in January 2014. A survey was conducted in March and April of 2014 to better understand pilot perceptions of the new Part 117 rule. This study analyzed survey responses from 92 self-identified pilots to determine the effect …


Uas Investments Llc Order On Motion By Uas, Frisbee And Daryl Moody Regarding Disqualification Of Prior Counsel And Access To Documents, Elizabeth E. Long Feb 2016

Uas Investments Llc Order On Motion By Uas, Frisbee And Daryl Moody Regarding Disqualification Of Prior Counsel And Access To Documents, Elizabeth E. Long

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

No abstract provided.


Service, Sale And Marketing Of Alcohol For The Tourism, Hospitality And Retail Industries, James Peter Murphy Feb 2016

Service, Sale And Marketing Of Alcohol For The Tourism, Hospitality And Retail Industries, James Peter Murphy

Conference papers

The responsible service, sale and marketing of alcohol for the tourism, hospitality and retail industries is crucial those working in the tourism, hospitality, culinary arts and retail industries including those in supervisory and management positions. This presentation explored a wide range of topics associated with sale and service of alcohol in these inter-related industries. Its aim was to provide attendees with a greater awareness of the effects of alcohol, and of their moral and legal obligations to act responsibly when supplying alcohol beverages or when dealing with alcohol misuse in their respective workplace. This presentation was also created to coincide …


Drummond Financial Services Llc Order On Plaintiffs' Motion For Contempt, John J. Goger Feb 2016

Drummond Financial Services Llc Order On Plaintiffs' Motion For Contempt, John J. Goger

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

No abstract provided.


Stepping Into And Out Of The Void: Funding Dynamics Of Human Embryonic Stem Cell Research In California, Sweden, And South Korea, Noomi Weinryb, Tania M. Bubela Feb 2016

Stepping Into And Out Of The Void: Funding Dynamics Of Human Embryonic Stem Cell Research In California, Sweden, And South Korea, Noomi Weinryb, Tania M. Bubela

Office of the Provost

Nonprofit organizations and philanthropists stepped into a funding void caused by controversies over public funding of human embryonic stem cell (hESC) research. Based on interviews of 83 representatives of 53 funders, we examine the motivations and accountability structures of public agencies, corporations, fundraising dependent nonprofit organizations and philanthropic organizations that funded hESC research in three jurisdictions: California, Sweden, and South Korea. While non-traditional forms of funding are essential in the early stages of research advancement, they are unreliable for the long timeframes necessary to advance cell therapies. Such funding sources may enter the field based on high expectations, but may …


Corporate Claims Against Directors Or Officers Following The Company’S Unlawful Conduct, Wai Yee Wan Feb 2016

Corporate Claims Against Directors Or Officers Following The Company’S Unlawful Conduct, Wai Yee Wan

Research Collection Yong Pung How School Of Law

When a company enters into a transaction or undertakes an action that turns out to be either illegal or otherwise exposes the company to substantial fines or other pecuniary sanctions, the question arises as to whether the company may then recover its fines, expenses and other losses from its directors and employees, in the absence of the relevant legislation specifically providing for, or denying a claim by, the company. In these cases, the board may have made a specific decision to cause the company to enter into the unlawful conduct or may have failed to prevent the improper conduct from …


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 …


William C. Lankford Jr. Order On Petitioner Bennett L. Knight's Motion For Judgment On The Pleadings, Melvin K. Westmoreland Jan 2016

William C. Lankford Jr. Order On Petitioner Bennett L. Knight's Motion For Judgment On The Pleadings, Melvin K. Westmoreland

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

No abstract provided.


Social Media: Creating Student Awareness Of Its Use In The Hiring Process, Justin Blount, Carol S. Wright, Ashley A. Hall, Judith L. Biss Jan 2016

Social Media: Creating Student Awareness Of Its Use In The Hiring Process, Justin Blount, Carol S. Wright, Ashley A. Hall, Judith L. Biss

Faculty Publications

As the use of social media permeates our lives, it is important for business educators to promote the effective use of this technology to students for both their role as job seekers as well as potential hiring managers. This article will present current perceptions among business students on using social media in the job search process, primary research from recruiters in an attempt to understand employers’ policies and practices with respect to the use of social media in the hiring process, key laws which students should be aware of with respect to the use of social media by employers, and …


The Stewardship Of Trust In The Global Value Chain, Kishanthi Parella Jan 2016

The Stewardship Of Trust In The Global Value Chain, Kishanthi Parella

Scholarly Articles

Global governance has not yet caught up with the globalization of business. As a result, our headlines provide daily accounts of the extent and consequences of these "governance gaps." The ability of corporations to evade state control also contributes to an unusual, even frightening, phenomenon: corporations are governing like states. Some governance functions traditionally delivered by state actors are now increasingly undertaken by transnational corporations. One area that is experiencing this substitution is dispute resolution of human rights. Corporations and other business enterprises, individually or collectively, are creating a variety of grievance mechanisms to address human rights and other conflicts …


Art For Irs’ Sake: Hobby Loss Rules And Artistic Endeavors, Maria Pirrone, Deborah Kliener Jan 2016

Art For Irs’ Sake: Hobby Loss Rules And Artistic Endeavors, Maria Pirrone, Deborah Kliener

Journal of International & Interdisciplinary Business Research (2014-2019)

In Crile v. Commissioner, T. C. Memo. 2014-202 (Oct. 2, 2014), the United States Tax Court recently ruled that a tenured art professor’s artistic endeavors constituted a “business” rather than a “hobby.” Internal Revenue Code Section 183 limits taxpayers’ deductions to the extent of income earned if the activity is not engaged in for profit, i.e. a hobby, rather than a business. In this presentation, we examine the nine factors considered by the court in distinguishing between businesses and hobbies and discuss how the facts and circumstances of the taxpayer in this case prompted the court to decide in her …