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Articles 1 - 11 of 11
Full-Text Articles in Law
The Exit Structure Of Venture Capital, D. Gordon Smith
The Exit Structure Of Venture Capital, D. Gordon Smith
Faculty Scholarship
Venture capital contracts contain extensive provisions regulating exit by the venture capitalists. In this Article, Professor Smith employs financial contracting theory in conjunction with original data collected from 367 venture-backed companies to analyze these exit provisions. He concludes that the combination of exit provisions in a typical venture capital relationship serves to lock venture capitalists into the investment during the initial stage. In later stages of the relationship, the venture capitalists acquire increasing control over exit by securing additional seats on the board of directors and by obtaining contractual exit rights. The result is a sophisticated transfer of control from …
Speech Discrimination, John Fee
Moral Hazard And The Initial Public Offering, A. Christine Hurt
Moral Hazard And The Initial Public Offering, A. Christine Hurt
Faculty Scholarship
No abstract provided.
Combatant Status: It Is Time For Intermediate Levels Of Recognition For Partial Compliance, Eric Talbot Jensen
Combatant Status: It Is Time For Intermediate Levels Of Recognition For Partial Compliance, Eric Talbot Jensen
Faculty Scholarship
Under current international law, combatant status is an all-or-nothing proposition. Either a fighting force qualifies under all the criteria of article 4 of the GPW and receives all the privileges and immunities of combatant status, or a force does not qualify, and is provided no protection above that of any other civilian in the area, and may even be disqualified from the protections afforded to civilians. Given the reality of today's battlefields where the conflict is seldom between the armed forces of two nations, these requirements are counterproductive and provide a disincentive for fighters to distinguish themselves from the civilian …
The Exit Structure Of Strategic Alliances, D. Gordon Smith
The Exit Structure Of Strategic Alliances, D. Gordon Smith
Faculty Scholarship
Today, many biotechnology firms use strategic alliances to contract with other companies. This article contends that the governance structure of these alliances - specifically, the contractual board - provides an integrated restraint on opportunism. While an alliance agreement's exit structure could provide a check on opportunism by allowing the parties to exit at will, such exit provisions also can be used opportunistically. Most alliance agreements, therefore, provide for contractual lock in of the alliance partners, with only limited means of exit. Lock in, of course, raises its own concerns, and the contractual board - which typically is composed of representatives …
Suitability Claims And Unrecommended Securities Purchases: An Agency Theory Of Broker-Dealer Liability, Frederick Mark Gedicks
Suitability Claims And Unrecommended Securities Purchases: An Agency Theory Of Broker-Dealer Liability, Frederick Mark Gedicks
Faculty Scholarship
It is well-established that full-service broker-dealers have an obligation to recommend to their customers only the purchase of securities that are "suitable" to the customer's investment objectives and financial situation. There seems to be widespread agreement, however, that a broker-dealer cannot incur liability on suitability grounds unless it first recommends a securities purchase to a customer.
Accordingly, discount broker-dealers argue they are necessarily immune from liability on suitability claims because they act as "order clerks" who merely execute unsolicited customer orders; online discounters have adopted the same position. Full-service broker-dealers similarly argue that although they owe a suitability obligation for …
Questioning The Rule Of Capture Metaphor For Nineteenth Century Public Land Law: A Look At R.S. 2477, James R. Rasband
Questioning The Rule Of Capture Metaphor For Nineteenth Century Public Land Law: A Look At R.S. 2477, James R. Rasband
Faculty Scholarship
No abstract provided.
Expanding Our Classroom Walls: Enhancing Teaching And Learning Through Technology, Kristin B. Gerdy, Jane H. Wise, Alison Craig
Expanding Our Classroom Walls: Enhancing Teaching And Learning Through Technology, Kristin B. Gerdy, Jane H. Wise, Alison Craig
Faculty Scholarship
The authors examine the reasons why law faculty should implement technology into the legal education experience, provide a brief overview of the learning theory supporting technology, discuss the thoughtful use of technology, and describe four specific projects they have used in their classrooms to aid in student learning.
The Permissible Scope Of Legal Limitations On The Freedom Of Religion Or Belief In The United States, Frederick Mark Gedicks
The Permissible Scope Of Legal Limitations On The Freedom Of Religion Or Belief In The United States, Frederick Mark Gedicks
Faculty Scholarship
This article summarizes the law of legal limitations on religious freedom in the UnitedStates, including sources and hierarchies of applicable law, structural limitations on religious freedom, grounds for limiting such freedom, an analytical description oflimitations, and background influences on limitations law, and applies this law to hypothetical situations.
Federal judicial decisions interpreting the Religion Clauses are the principal source oflimitations law in the United States. RLUIPA and RFRA, federal anti-discrimination statutes, and executive orders are other important sources of religious freedom law. State constitutions, statutes, and regulations are important sources law when federal sources are absent or inapplicable. International human …
Eagle Feathers And Equality: Lessons On Religious Exceptions From The Native American Experience, Kevin J. Worthen
Eagle Feathers And Equality: Lessons On Religious Exceptions From The Native American Experience, Kevin J. Worthen
Faculty Scholarship
The legality and propriety of exempting religiously motivated conduct from otherwise applicable legal norms is the subject of ongoing scholarly, judicial, and legislative debate. The issue is particularly thorny when it arises in a legal system deeply committed to the concept of equality. The Eagle Protection Act, which exempts Native Americans religious practitioners who are members of federally recognized tribes from its general prohibition on the taking and use of bald and golden eagle feathers, provides an interesting context in which to examine that debate. Not only does the Act exempt religiously motivated conduct from the otherwise applicable norms, it …
Religious Experience In The Age Of Digital Reproduction, Frederick Mark Gedicks, Roger Hendrix
Religious Experience In The Age Of Digital Reproduction, Frederick Mark Gedicks, Roger Hendrix
Faculty Scholarship
A religious experience is an extraordinary event that occurs against the backdrop of ordinary life, infusing that life with a meaning it would not otherwise have. Mass culture is now replete with portrayals of such experiences. Spiritually-themed television shows, movies, books, music, and fashion are now common and even popular. This is not necessarily good news for religion and religious experience. What mass culture portrays as sacred may be merely an imitation, resembling more the ubiquitous feel-good self-affirmance of popular psychology than authentic communion with the divine.
On the other hand, the appropriation and portrayal of religious experience by mass …