Other Business Commons^™

Competing For Innovation: A Case Study Of Knoxville And Similar Metropolitan Areas, Lucille G. Marret

Baker Scholar Projects

Knoxville competes with other mid-sized metropolitan areas for economic development and business attraction at the national level. Cities such as Greenville, SC, Huntsville, AL, and Ann Arbor, MI have similar resources and attributes to Knoxville, yet they are consistently surpassing Knoxville in business attraction and expansion. It is necessary for policy makers to understand what factors are contributing to underperformance in order to better support Knoxville’s efforts to create an innovation fund. Comparing available assets and access to funding for each MSA reveals that Knoxville has the necessary resources through the University of Tennessee and Oak Ridge National Laboratory to …

Global To Local: Creating 'Glocal' Links For Diplomacy, Rhonda S. Binda

Open Educational Resources

Over the past few years, “smart cities” have led in leveraging technology to modernize their services and infrastructure— and have emerged on the global stage on key issues of international concern. In 2017, Hidalgo and Horacio Rodríguez Larreta, Mayor of Buenos Aires, spearheaded the Urban 20 (U20), a platform for major cities in G20 countries to bring their “urban perspective” to the G20 member states in tackling common problems, showcasing their innovative approaches leveraging emerging technologies at the local level to tackle global issues. In April 2018, mayors from 20 cities signed the U20’s first Joint Declaration; six months later, …

What’S In Your Wallet (And What Should The Law Do About It?), Natasha Sarin

All Faculty Scholarship

In traditional markets, firms can charge prices that are significantly elevated relative to their costs only if there is a market failure. However, this is not true in a two-sided market (like Amazon, Uber, and Mastercard), where firms often subsidize one side of the market and generate revenue from the other. This means consideration of one side of the market in isolation is problematic. The Court embraced this view in Ohio v. American Express, requiring that anticompetitive harm on one side of a two-sided market be weighed against benefits on the other side.

Legal scholars denounce this decision, which, …

Governance By Contract: The Implications For Corporate Bylaws, Jill E. Fisch

All Faculty Scholarship

Boards and shareholders are increasing using charter and bylaw provisions to customize their corporate governance. Recent examples include forum selection bylaws, majority voting bylaws and advance notice bylaws. Relying on the contractual conception of the corporation, Delaware courts have accorded substantial deference to board-adopted bylaw provisions, even those that limit shareholder rights.

This Article challenges the rationale for deference under the contractual approach. With respect to corporate bylaws, the Article demonstrates that shareholder power to adopt and amend the bylaws is, under Delaware law, more limited than the board’s power to do so. As a result, shareholders cannot effectively constrain …

Cash Versus In-Kind Transfers: Comparative Differences And Individual Best Practices To Benefit Recipient Communities, Sarah Wicker

Senior Honors Theses

This research paper seeks to compare cash and in-kind transfers in the context of foreign poverty aid to determine which transfer style is most beneficial and to evaluate long-term best practices of each kind to more positively benefit the recipient communities. It does this by comparing arguments for and against each transfer model. The first argument discusses the differences in distribution costs between the two models. The second compares the cash transfer’s strong concept of choice with in-kind transfer’s typical style of controlled consumption of goods. The second argument discusses the timing and impact of targeting communities in connection to …

Choice-Of-Law Rules For Secured Transactions: An Interest-Based And Modern Principles-Based Framework For Assessment, Charles W. Mooney Jr.

All Faculty Scholarship

This essay examines the law applicable to secured transactions. It addresses in particular the codification of the choice-of-law rules for secured transactions (STCOL rules). These rules address the laws applicable to the creation, perfection, priority, and enforcement of security interests (security rights)—a form of legislative or statutory dépeçage. It draws on the 2016 UNCITRAL Model Law on Secured Transactions (Model Law) as well as relevant North American law (Uniform Commercial Code Article 9 and the Canadian provincial Personal Property Security Acts). The STCOL rules lie at the heart of the emerged and emerging modern principles of secured transactions law …

The Challenge Of Regulatory Excellence, Cary Coglianese

All Faculty Scholarship

Regulation is a high-stakes enterprise marked by tremendous challenges and relentless public pressure. Regulators are expected to protect the public from harms associated with economic activity and technological change without unduly impeding economic growth or efficiency. Regulators today also face new demands, such as adapting to rapidly changing and complex financial instruments, the emergence of the sharing economy, and the potential hazards of synthetic biology and other innovations. Faced with these challenges, regulators need a lodestar for what constitutes high-quality regulation and guidance on how to improve their organizations’ performance. In the book Achieving Regulatory Excellence, leading regulatory experts …

An Overview Of The Proposed Dickey-Lincoln School Lakes Hydro-Electric Project : Aroostook County, Maine, New England Division, Department Of The Army, Corps. Of Engineers, Department Of Energy

Dickey-Lincoln School Lakes Project

An overview of The Dickey-Lincoln Project in northern Aroostook County, Maine is a proposed Federally financed hydro-electric power generating facility. Electric energy generated by the facility would be introduced into the New England Power Pool system through construction of new transmission lines across northern Maine, New Hampshire, and Vermont.

Responsibility for investigation and construction rests in the two Federal agencies, i.e. dams and reservoirs in the U.S. Army Corps of Engineers and transmission lines in the U.S. Department of Energy (DOE). The two actions are part of the same proposal, although they are in essence separate and distinct. The dams …