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Articles 1 - 18 of 18
Full-Text Articles in Law
Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo
Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo
Muna B Ndulo
No abstract provided.
Saying Goodbye To Unions In Higher Education: The Yale Hunger Strike In Perspective, Raymond L. Hogler
Saying Goodbye To Unions In Higher Education: The Yale Hunger Strike In Perspective, Raymond L. Hogler
Academic Labor: Research and Artistry
No abstract provided.
Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon
Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon
St. Mary's Journal on Legal Malpractice & Ethics
There has been a shift in consumer behavior over the last several decades. To keep up with the transforming consumer, many professions have changed the way they do business. Yet lawyers continue to deliver services the way they have since the founding of our country. Bar associations and legal ethicists have long debated the idea of allowing lawyers to practice in “alternative business structures,” where lawyers and nonlawyers can co-own and co-manage a business to deliver legal services. This Article argues these types of businesses inhibit lawyers’ ability to provide better legal services to the public and that the legal …
Industry Spotlight: Technology Patents
Industry Spotlight: Technology Patents
Marriott Student Review
Technology patents serve two purposes: to protect competition in the marketplace and to promote collaborative innovation amongst rival firms. Society benefits when technology firms are made to share patents at fair rates. The costs and benefits of technology patents are discussed in the context of industry expectations, and the broader implications for society. Firms should be encouraged to continue innovating, benefiting society as they go.
Amending Corporate Charters And Bylaws, Albert H. Choi, Geeyoung Min
Amending Corporate Charters And Bylaws, Albert H. Choi, Geeyoung Min
All Faculty Scholarship
Recently, courts have embraced the contractarian theory that corporate charters and bylaws constitute a “contract” between the shareholders and the corporation and have been more willing to uphold bylaws unilaterally adopted by the directors. This paper examines the contractarian theory by drawing a parallel between amending charters and bylaws, on the one hand, and amending contracts, on the other. In particular, the paper compares the right to unilaterally amend corporate bylaws with the right to unilaterally modify contract terms, and highlights how contract law imposes various limitations on the modifying party’s discretion. More generally, when the relationship of contracting parties …
Bitcoin And The Blockchain As Possible Corporate Governance Tools: Strengths And Weaknesses, Fiammetta S. Piazza
Bitcoin And The Blockchain As Possible Corporate Governance Tools: Strengths And Weaknesses, Fiammetta S. Piazza
Penn State Journal of Law & International Affairs
No abstract provided.
Tsirik - Fold The Leaves So That Others May Be Guided: A Study Of How The Bribri Women Are Preserving Their Culture To Ensure A Sustainable Future For Their Community, Emily R. Blau
Capstone Collection
Bananas are one of Costa Rica’s largest exports, along with coffee, palm oil, and cocoa. The banana plantations are large-scale, are most often run by multinational companies, and are considered to be run as enclave economies (Equal Exchange, 2016). This monoculture crop production has been globally accused of human rights abuses said to include, but not be limited to, violating the rights of indigenous people and loss in culture and tradition. For this paper, I studied the effects that large-scale agricultural corporations have on the BriBri, a matriarchal and indigenous group who live on the Caribbean coast of Costa Rica. …
The Pr Of Csr For The Casino Industry: A Review Of Challenging Corporate Social Responsibility: Lessons For Public Relations From The Casino Industry, Andrew B. Gustafson
The Pr Of Csr For The Casino Industry: A Review Of Challenging Corporate Social Responsibility: Lessons For Public Relations From The Casino Industry, Andrew B. Gustafson
UNLV Gaming Research & Review Journal
This is a review of Jessalynn Strauss' recent book, Challenging Corporate Social Responsibility: Lessons for Public Relations from the Casino Industry. Through an analysis of Casino’s CSR practices, Strauss raises some serious concerns about this alignment between CSR and PR, and provides reasons to doubt whether SCR done for strategic bottom line interests rather than purely ethical reasons will consistently accomplish what the casinos set out to achieve.
The Free-Play Tax Deduction Debate: How Academic Research Can Help, Anthony F. Lucas, Katherine Spilde
The Free-Play Tax Deduction Debate: How Academic Research Can Help, Anthony F. Lucas, Katherine Spilde
UNLV Gaming Research & Review Journal
Free-play is the primary play incentive for slot players in many jurisdictions, with some campaigns eclipsing $50 million in annual redemptions. The efficacy of these incentives remains questionable at best, creating some contentious tax policy issues. Operators want to deduct the face value of these offers from taxable gaming win, based in part on the assumption that they expand the tax base; however, many regulators and taxing authorities question this claim. Any failure to fully recover redeemed free-play creates a deduction that is partially funded by tax payers. Arguments on both sides of this complex tax policy issue are thoroughly …
Obamacare: Under The Knife, Kylan Rutherford
Obamacare: Under The Knife, Kylan Rutherford
Marriott Student Review
President Trump and Congress have tried and failed to pass through a replacement plan for Obamacare. This article details why this effort failed, and several issues extant in Obamacare that may move the law toward insolvency. These issues are the mandate, guaranteed issue, and the 'risk corridor' funding set up to back struggling insurance companies.
Bringing Talent Off The Bench And Into The Game: The Underrepresentation Of Women In The Boardroom, Rachel Orbach
Bringing Talent Off The Bench And Into The Game: The Underrepresentation Of Women In The Boardroom, Rachel Orbach
Fordham Journal of Corporate & Financial Law
While women have expanded their footprint in corporate America in recent years, they are still underrepresented in the upper echelons of corporate governance, specifically in boardrooms, which dictate the direction of a company. At the current rate, it will take more than four decades before women’s representation on corporate boards reaches parity with that of men. Women face obstacles that make it difficult to rise in the ranks of corporate America. This can be attributed to numerous factors that collectively burden women with expectations that are at odds with success. These factors include low representation of women in traditional pipelines …
"Revenues And Expenses For Cons And Festivals" From The Pop Culture Business Handbook For Cons And Festivals, Jon Garon
Faculty Scholarship
This article is part of a series of book excerpts from The Pop Culture Business Handbook for Cons and Festivals, which provides the business, strategy, and legal reference guide for fan conventions, film festivals, musical festivals, and cultural events.When organizing a festival or Con, the economic model used to develop the event will drive many of the key decisions. If one accepts that the designing of the Con is a form of building a complex game for the attendees, then the Con economy will define many of the structural design choices which will come later in the planning. These chapters …
Invisible Bosses For Invisible Workers, Or Why The Sharing Economy Is Actually Minimally Disruptive, Deepa Das Acevedo
Invisible Bosses For Invisible Workers, Or Why The Sharing Economy Is Actually Minimally Disruptive, Deepa Das Acevedo
Faculty Articles
Because the idea that sharing economy companies operate as invisible bosses is central to many critiques of this new approach to labor exchange, Part I begins by explaining just what it is about their authority that makes it “invisible.” Part II extends this discussion to two earlier developments that, like the sharing economy, also significantly transformed the way Americans work: the franchise explosion of the 1950s and the spread of the independent contractor model in the late twentieth century. This article is the first to offer a detailed comparison of work practices used by sharing economy companies, franchises, and some …
Q: Since Marijuana Use Is Absolutely Prohibited Under Federal Law, Can An Employer Safely Fire An Employee Who Tests Positive For Cannabis? (A: Yes, No, Maybe, I Don't Know. Can You Repeat The Question? 1), Darrell M. Crosgrove, Michael T. Zugelder, Kimberly Nigem, Donald K. Wedding
Q: Since Marijuana Use Is Absolutely Prohibited Under Federal Law, Can An Employer Safely Fire An Employee Who Tests Positive For Cannabis? (A: Yes, No, Maybe, I Don't Know. Can You Repeat The Question? 1), Darrell M. Crosgrove, Michael T. Zugelder, Kimberly Nigem, Donald K. Wedding
Finance Faculty Publications
Twenty-nine states and three US territories offer medical marijuana prescriptions for their citizens, with others considering such. Some of these states make it a violation to terminate an employee for medical marijuana use. Federal laws make any marijuana possession or use a crime, and in some instances, require a drug-free workplace. Should employers enforce drug screening rules, or relax their standards and permit employees with prescriptions for medical marijuana to test positive provided work product is not affected? And can relaxing these standards be presented as a benefit to both employees that use medical marijuana, and those who do not? …
Efficiency Engines: How Managed Services Are Building Systems For Corporate Legal Work, William D. Henderson
Efficiency Engines: How Managed Services Are Building Systems For Corporate Legal Work, William D. Henderson
Articles by Maurer Faculty
No abstract provided.
Building Consensus Among General Counsel To Address Managerial Legal Strategy Perspectives, Evan Andrew Peterson
Building Consensus Among General Counsel To Address Managerial Legal Strategy Perspectives, Evan Andrew Peterson
Walden Dissertations and Doctoral Studies
The research problem for this study focused on organizations' inability to derive strategic value from the law due to the lack of integration between legal strategy and business strategy. The purpose of this study was to build consensus among in-house general counsel working across business industries in the United States with regard to techniques that will alter unreceptive managerial viewpoints toward the strategic value of law within the corporate setting. The research question centered on assessing the level of consensus among general counsel relative to those techniques. This 3-round qualitative Delphi study began with open-ended questions in Round 1 and …
Buying Monopoly: Antitrust Limits On Damages For Externally Acquired Patents, Erik N. Hovenkamp, Herbert J. Hovenkamp
Buying Monopoly: Antitrust Limits On Damages For Externally Acquired Patents, Erik N. Hovenkamp, Herbert J. Hovenkamp
All Faculty Scholarship
The “monopoly” authorized by the Patent Act refers to the exclusionary power of individual patents. That is not the same thing as the acquisition of individual patent rights into portfolios that dominate a market, something that the Patent Act never justifies and that the antitrust laws rightfully prohibit.
Most patent assignments are procompetitive and serve to promote the efficient commercialization of patented inventions. However, patent acquisitions may also be used to combine substitute patents from external patentees, giving the acquirer an unearned monopoly position in the relevant technology market. A producer requires only one of the substitutes, but by acquiring …
Ceo Side Payments In Mergers And Acquisitions, Brian J. Broughman
Ceo Side Payments In Mergers And Acquisitions, Brian J. Broughman
Articles by Maurer Faculty
In addition to golden parachutes, CEOs often negotiate for personal side-payments in connection with the sale of their firm. Side-payments differ from golden parachutes in that they are negotiated ex post in connection with a specific acquisition proposal, whereas golden parachutes are part of the executive’s employment agreement negotiated when she is hired. While side-payments may benefit shareholders by countering managerial resistance to an efficient sale, they can also be used to redistribute merger proceeds to management. The current article highlights an overlooked distinction between pre-merger golden parachutes and merger side-payments. Similar to a legislative rider attached to a popular …