Business Commons^™

Front Matter

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Tips For The Pracitioner Seeking To Return To The Academy, Kevin P. Conboy

Transactions: The Tennessee Journal of Business Law

Recently, I made the work status change from practicing corporate attorney (thirty years’ worth) to full-time law professor. This article offers a series of tips for practitioners considering such a transition based on my experiences, in the hope that the lessons I learned (some of them painfully) can ease your pain, or dissuade you from such foolishness. While my target audience is the “seasoned” practitioner (older, that is, not to put too fine a point on it), these tips should be useful or of interest to more junior practicing lawyers looking to make a move to teaching. And I hope …

Here Comes Celotex...And Mcdonnell Douglas: The New Tennessee Summary Judgment Standard And Removal Considerations For Organizational Clients, Michael A. Cottone

Transactions: The Tennessee Journal of Business Law

While an overarching policy of the American judicial system is to adjudicate disputes on their merits, the system may work most efficiently when most disputes are settled between the opposing parties on terms of their own choosing. In modern dispute resolution, lawsuits are rarely taken to the fact finder, and most organizational clients are generally unwilling to accept the risk and uncertainty of a jury trial, preferring instead to work towards a reasonable settlement of disputes. Consequently, the availability of dispositive motions—such as motions for summary judgment—plays a large role in determining the settlement value of claims by potentially reducing …

Does The Absolute Priority Rule Still Apply To Individual Chapter 11 Debtors Post-Bapcpa?, Anthony Mendenhall

Transactions: The Tennessee Journal of Business Law

Section 1129(b)(2) of the Bankruptcy Code codifies a principle known as the “absolute priority rule.” The absolute priority rule requires that creditors receive payment in full before holders of equity can receive or retain any property under a plan of reorganization. The absolute priority rule ensures that a plan of reorganization will not be used to allow equity to benefit at the cost of higher-priority unsecured debt. If left unchecked, a small number of insiders, whether representatives of management or major creditors, may use the reorganization process to gain an unfair advantage. Chapter 11 cases with individual debtors magnifies this …

Measuring Student Progress: Assessing And Providing Feedback, Karen J. Sneddon, Susan M. Chesler, Stacy Bowers, Dana M. Warren

Transactions: The Tennessee Journal of Business Law

No abstract provided.

More On Doctrinal Courses: Integrating Transactional Skills, Lenné Espenschied, Bruce G. Luna

Transactions: The Tennessee Journal of Business Law

No abstract provided.

A Case Study In Transactional Centers And Certificate/Concentration Programs: From Program Design To Student Experience, The Clayton Center For Entrepreneurial Law, Brian K. Krumm, Joan Macleod Heminway, Michael J. Higdon

Transactions: The Tennessee Journal of Business Law

No abstract provided.

International Students: How To Teach Transactional Skills, Douglas Levene

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Session 4-2-E: The Effects Of Gaming Tax/Retention Rate On Casino Performance, Will E. Cummings

International Conference on Gambling & Risk Taking

Overview

Gaming Taxes affect investors in and operators of casinos

... and therefore casino performance

Gravity Models in general High variance from classical ideal

Variance tells us something about the impact of gaming tax rates

Session 4-1-B: Casino Legalization As An Evolutionary Game -- Who Will Be The Next?, Miao He

International Conference on Gambling & Risk Taking

Introduction

For the community/governor who has a strong preposition to casino gaming (e.g., gambler, religious group), his/her motivation to participate/accept casino legalization is

∆P_AE_A+t_A>c_î and ∆P_B(R_B+E_B)+t_B>c_Ĵ

What’s the motivation for the other community/governors who are neutral to casino gaming?

How the casino legalization process evolved and finally reached the equilibrium state?

Session 3-4-B: Impacts Of The Structure Of The Casino Industry, William N. Thompson, Catherine Prentice

International Conference on Gambling & Risk Taking

This paper looks at impacts of the structures of casino industries in 13 American states venues. The legalization of casinos has been a major policy issue in scores of national and sub-national venues over the past 60 years. Among the critical issues in the legalization process has been the subject of whether casino establishments should be authorized as singular, that is, monopoly, entities in a specific location (city, state, or nation) much as public utilities, or they should be licensed in an open market free competitive manner. A middle ground approach find venues allowing a limited number of licenses, ergo, …

Session 3-3-B: The Interplay Between Law, Development And Spillover Effects Of Casino Gaming: Theory And The Asian Evidences, Ricardo Chi Sen Siu

International Conference on Gambling & Risk Taking

Taking into consideration of the unique features and practice of casino gaming, the significance of law in the development of this industry, and the onging interactions between law, the industry’s succeeding performance and its spillover effects are generalized and illustrated in this paper. Based on the rationales of law and economics, and the institutional approach to economic analysis, a functional model is constructed to depict the related interplaying forces and the development of casino gaming. In principle, it is shown that business scope and scale of casino gaming is largely defined by law on one hand, and the revisions of …

Session 3-2-B: What Changing Public Policies Toward Gambling Mean For Gaming Law, I. Nelson Rose

International Conference on Gambling & Risk Taking

The Three Waves Of Legal Gambling

First Wave - Colonial period to mid-19th century: Legal Debris: “Lotteries” prohibited in state constitutions and Canada (except Quebec)

Second Wave - Wild West; South after the Civil War , new inventions. Crash - Victorian morality Legal Debris: Statutes prohibit bookmaking, slot machines; U.S. federal and Quebec anti-lottery laws

Third Wave - Depression to present: Legal Debris: Piecemeal legalization by states, provinces

Session 3-2-B: Paspa: An Unconstitutional Patent, Kevin P. Braig

International Conference on Gambling & Risk Taking

The Professional and Amateur Sports Protection Act (“PASPA”) is a patent monopoly because the statute (A) imitates the Crown’s practice of allocating markets by patent; (B) functions like a patent issued under the United States Patent Code; and (C) imposes monopoly-like costs upon the public. The Constitution’s Patent Clause is a brilliant public financing scheme and unique in that it is the only grant of power to Congress in the Constitution that begins with a specific prescription of proper legislative purpose. Congress cannot grant just any person a patent monopoly for any purpose. Rather, Congress can grant a patent monopoly …

The Santa Clara, 2013-05-23, Santa Clara University

The Santa Clara

No abstract provided.

Understanding & Crafting Development Agreements In Massachusetts, Edward J. Collins, Jr. Center For Public Management, University Of Massachusetts Boston

Edward J. Collins Center for Public Management Publications

The report first briefly explains the real estate development business from the developer’s perspective. It then identifies the components of a typical development agreement. Following this, it describes how agreements change and grow over time and offers an outline of the negotiation process. The appendices provide an overview of five development agreements and highlights interesting provisions that may be food for thought during negotiations on future development agreements. Two of these agreements are for gaming-related projects and three do not include gaming as a potential land use. Copies of the actual agreements can be accessed via links found within the …

The Santa Clara, 2013-05-16, Santa Clara University

The Santa Clara

No abstract provided.

The Santa Clara, 2013-05-09, Santa Clara University

The Santa Clara

No abstract provided.

Order On Defendants' Motion To Dismiss (Zelby), Elizabeth E. Long

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

No abstract provided.

The Santa Clara, 2013-05-02, Santa Clara University

The Santa Clara

No abstract provided.

How Bill Eadington Changed Our Lives, David G. Schwartz

UNLV Gaming Research & Review Journal

Since Bill Eadington’s death in February, we’ve come to appreciate just how influential a figure he is in today’s gaming studies world. Hundreds of academics, regulators, and gaming industry professionals have shared their stories of “How Bill Eadington changed my life.”

Examining The Link Between Poker Room Business Volume And Gaming Activity In Slot And Table Games: A Closer Look At A Key Assumption In The Full Service Theory, Anthony F. Lucas

UNLV Gaming Research & Review Journal

Results from three different Nevada hotel-casinos failed to support the popular notion that poker rooms drive business to the slot and table game areas of the casino floor. This result not only questions the validity of a key and somewhat bold operating assumption, it casts a shadow of doubt on the broader Full Service Theory, as applied to the casino floor. Additionally, this work extends Ollstein (2006) by empirically examining the relationships between the daily business volumes of poker rooms and both critical gaming centers (i.e., slots and table games). Five of six key results question the wisdom of offering …

A Diagnosis Of Inherent Problems In Enhancing Service Quality Through Internal Marketing And Organizational Identification In Macau And Singapore Casinos, Sudhir H. Kale, Sangita De

UNLV Gaming Research & Review Journal

With spectacular growth in demand since opening the market to foreign competition, executives within the Macau casino industry have focused their attention on enhancing capacity and opening new casino properties. Meanwhile, the Singapore casino market, barely two years old, has already produced revenues comparable to the Las Vegas Strip. Despite stellar past successes, the long-term scenario for the casino industry in both Macau and Singapore could spell trouble. Specifically, service quality stands to suffer because operators have not devoted adequate thought to their service culture and internal marketing strategy. With overall capacity in Asia slated to increase significantly in the …

Economic Evidence On The Effects Of The Indian Gaming Regulatory Act On Indians And Non-Indians, Katherine Spilde Ph.D., Jonathan B. Taylor

UNLV Gaming Research & Review Journal

When Congress passed the Indian Gaming Regulatory Act (IGRA) in 1988, some tribal leaders perceived the state compacting provision required for casino-style gaming on tribal lands as an erosion of tribal sovereignty that could undermine their early economic development successes and disrupt a precariously successful federal-tribal relationship with regard to tribal self-determination.

In hindsight, however, the substantial growth and myriad positive impacts of the first twenty years of tribal gaming under IGRA reveal the ways that the federal regulatory framework laid out in the law resolved numerous legal dilemmas that had plagued tribal gaming expansion. It is now clear that …

The Finance And Marketing Dilemma: Do Promotional Allowances Actually Increase Revenue And Profits For Atlantic City Casinos?, Toni Repetti

UNLV Gaming Research & Review Journal

Casinos offer free items to attract new guests or to reward their loyal customers. Casino management and marketing personnel believe these promotional allowances are necessary to maintain customers and to increase revenue. Three regression models are run to determine if promotional allowances increase gross revenue, net revenue, and gross operating profit for Atlantic City casinos. Results show that with a $1 increase in promotional allowances there is a significant increase of $4.53 in gross revenue, $3.53 in net revenue, and $1.29 in gross operating profit. These results will help management better understand the effect of offering complimentaries to their customers.

Cross-Border Bankruptcy And The Cooperative Solution, Leah Barteld

Brigham Young University International Law & Management Review

No abstract provided.

Foreign Direct Investment In Post-War Iraq: An Investor's Introductory Guide To The Legal Framework, Jordan E. Toone

Brigham Young University International Law & Management Review

No abstract provided.

Corporate Governance In China: How Does The State Influence Its Own Enterprises?, Kan Zhang

Brigham Young University International Law & Management Review

No abstract provided.

The Effect Of Compliance With Section 404 Of The Sarbanes-Oxley Act On Small Cap Technology Company's Stock Prices, Joshua Weaver

Finance Undergraduate Honors Theses

This paper analyzes the effect of compliance with Section 404 of the Sarbanes-Oxley Act, also referred to as SOX, on small market cap technology firms using a comparable company analysis model. The comparable company analysis model is used to calculate and compare the average intrinsic values of 45 small and 45 large cap technology companies from the periods of January 1, 1999 to January 1, 2001 (Pre SOX era) and January 1, 2007 to January 1, 2009 (Post SOX era). The purpose of looking at large cap technology firms as a benchmark is to compare how different sized firms within …

Cracking The Tax Codes: How State Tax Laws Influence The Number Of Manufacturing Jobs Within Their Borders, Nick Lorenson

Political Science Theses and Capstones

With the recent economic downturn, jobs have been at the forefront of people’s concerns. Policy makers in every state have promised their constituents new jobs. Of particular importance are high paying jobs. Manufacturing jobs tend to be a well-paying and highly sought after form of employment. However, in recent decades, the percentage of manufacturing jobs has been declining in the United States. Also, manufacturing facilities have shown an increased likelihood of relocating to different states. I theorize that manufacturing facilities relocating and expanding in different states is primarily due to state tax policies. This phenomenon has increased within recent years …