Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 41

Full-Text Articles in Law

Expert Witness Malpractice, Michael Flynn Oct 2018

Expert Witness Malpractice, Michael Flynn

Faculty Scholarship

No abstract provided.


"They're Digging In The Wrong Place." How Learning Outcomes Can Improve Bar Exams And Ensure Practice Ready Attorneys, Debra Curtis Feb 2018

"They're Digging In The Wrong Place." How Learning Outcomes Can Improve Bar Exams And Ensure Practice Ready Attorneys, Debra Curtis

Faculty Scholarship

No abstract provided.


Don’T Panic! The Hitchhiker’S Guide To Learning Outcomes: Eight Ways To Make Them More Than (Mostly) Harmless, Debra Vollweiler Jan 2018

Don’T Panic! The Hitchhiker’S Guide To Learning Outcomes: Eight Ways To Make Them More Than (Mostly) Harmless, Debra Vollweiler

Faculty Scholarship

No abstract provided.


Removing Obstacles To A Peaceful Death, Kathy Cerminara, Barbara Noah Jan 2018

Removing Obstacles To A Peaceful Death, Kathy Cerminara, Barbara Noah

Faculty Scholarship

No abstract provided.


Think Fast: Post Judgment Considerations In Hague Child Abduction Cases, Timothy L. Arcaro Jan 2018

Think Fast: Post Judgment Considerations In Hague Child Abduction Cases, Timothy L. Arcaro

Faculty Scholarship

This article will focus on post judgment considerations in the context of federal district court proceedings, which frequently parallel the procedural aspects of U.S. state court proceedings. Part I of this article will examine the Abduction Convention structure and function to contextualize the interplay of return cases and post-judgment considerations. Part II will examine the flexible notions of Due Process and post-trial relief in Hague proceedings at the federal district court level. Part III will examine post-judgment access remedies and practical considerations in establishing custodial rights. In Part IV, I will share my conclusions on post-judgment relief in Hague Abduction …


The 'F' Word: The Top Five Complaints (And Solutions) About Formative Assessment, Olympia Duhart Jan 2018

The 'F' Word: The Top Five Complaints (And Solutions) About Formative Assessment, Olympia Duhart

Faculty Scholarship

No abstract provided.


"Beyond The New Economy: The Other Technology Revolution" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Beyond The New Economy: The Other Technology Revolution" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. While the book refers to the Internet as perhaps the most significant technological change in the 21st century, computer technology, microbiology, and many other fields have undergone similar explosions in innovation.


"Avoiding The Unintended Franchise" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Avoiding The Unintended Franchise" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. The FTC Franchise Rule is not the only law regulating franchise relationships. Many states also have versions of disclosure laws or laws requiring fair dealing. The states with fair dealing regulations enforce state-based legal obligations on the franchisor that cannot be modified by the contractual terms. The intersection of federal law with the array of state regulations make the issuance of a franchise complex. A company should not …


"Business Models Of The Digital Economy" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Business Models Of The Digital Economy" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Critical Elements For The Information Enterprise" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Critical Elements For The Information Enterprise" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. Information, like any other type of property, has value to the extent that it meets the standards of relevance to the recipient. Relevance may be based in part on exclusivity, but it is also based on the reliability, resilience, and security of the information. Particularly when the information is data rather than entertainment content, these features will determine the success or failure of the enterprise. Without all three …


"Becoming A Franchisor" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Becoming A Franchisor" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. Although the approach to franchising is generally to protect the naïve new business owner from being overwhelmed by the obligations of a new business, there are considerable benefits to owning and operating a franchise as well. It is a very common, popular, and profitable method for building a national or even global brand.


"Design Thinking As A Process To Find Relevance" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Design Thinking As A Process To Find Relevance" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Documenting The Limited Liability Company" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Documenting The Limited Liability Company" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. For most small businesses, the LLC provides the best choice in terms of limiting liability, providing partnership-like tax benefits, and allowing for management provisions that are narrowly tailored to the objectives of the participants. Subchapter S corporations have the same potential tax structure as the LLC and allow for the shareholders to also be managers, but the corporate laws in most states have many provisions and requirements that …


"Disruptive Innovation And Tsunami Stressors" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Disruptive Innovation And Tsunami Stressors" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Exclusivity In Retail: Brand Stores And Exclusive Offers" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Exclusivity In Retail: Brand Stores And Exclusive Offers" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Exclusivity In Manufacturing And Service" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Exclusivity In Manufacturing And Service" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. Manufacturing is the most common realm for process innovation and efficiency goals. Patents allow manufacturers to maintain extended exclusivity in their products. Trade secrets protect the methods of creating the products and the inside know-how on the best way to get the job done. Copyright is useful to protect the text of the manuals, brochures, and other printed materials, diagrams, and tools that assist with the products. Finally, …


"Exclusivity In The New Economy: Internet Businesses" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Exclusivity In The New Economy: Internet Businesses" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Exclusivity In The New Economy: Software Strategies" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Exclusivity In The New Economy: Software Strategies" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Identifying The Entrepreneur’S Goal For The Business" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Identifying The Entrepreneur’S Goal For The Business" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. An important decision to the development of a start-up business is the purpose for launching that business in the life of the entrepreneur. The purpose will, in turn, strongly influence decisions about where to raise money to start the venture and how to organize the ownership. This short exploration of the psychology behind the entrepreneur’s motivation should help predict which decisions will most likely help the business goals.


"Franchising Basics For Franchisees" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Franchising Basics For Franchisees" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. A franchise is a license or agreement to use the existing business model provided by a company, including its trademarks, recipes and other know-how, its patented products, and processes, in exchange for agreeing to pay the company for the license and to adhere to a set of rules or guidelines on how the business is expected to operate. The company selling the franchise license is the franchisor and …


"Proper Uses Of The Business Plan" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Proper Uses Of The Business Plan" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. A useful business plan provides a blueprint for the operations, direction, and growth of a business. It explains the needs for funding, anticipates the cash flow operations of the business, highlights strategic partnerships, and serves as a proof-of-concept for key partners. The credibility of the business plan will help investors, founders, suppliers, lenders, and other key partners be able to assess the thoughtfulness and planfulness that has gone …


"The Key Business Plan Provisions" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"The Key Business Plan Provisions" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Reflecting Value In Intangibles: Proving The Worth Of Intellectual Property" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Reflecting Value In Intangibles: Proving The Worth Of Intellectual Property" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. One of the more challenging aspects of developing a company based on intellectual property assets is the challenge in valuing those assets for the purpose of both lenders and investors. As a general matter, the intellectual property assets created by a company are not reflected as having value on the company’s books. As the WIPO primer on intellectual property for small business explains, “[t]he practice of extending loans …


"Social Entrepreneurship, Public Benefit, And The Exclusivity Through Purpose" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Social Entrepreneurship, Public Benefit, And The Exclusivity Through Purpose" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. In the United States there has been the development of a relatively new category of for-profit enterprise that focuses on a public good that occurs directly as a consequence of the company’s operation. Unlike a tax exempt, nonprofit charity which can have no shareholders, the public benefit corporation allows for shareholders and profits, but it also allows management great flexibility in transferring the profits of the enterprise to …


"The Opportunity For Relevance—Creating Innovation And Relieving Stressors" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"The Opportunity For Relevance—Creating Innovation And Relieving Stressors" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"The Small Differences And Large Similarities To The Old Sales Paradigm" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"The Small Differences And Large Similarities To The Old Sales Paradigm" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


The African Court And Human Rights: What Lies Ahead For The Merged Court?, Florence Shu-Acquaye Jan 2018

The African Court And Human Rights: What Lies Ahead For The Merged Court?, Florence Shu-Acquaye

Faculty Scholarship

This paper examines the African Court of People’s and Human Rights, the historical evolution, criticism, and explores issues that the Court may deal with as it assumes its new and envisioned role and form as the Merged Court.


Florida's Other Courts: Unconventional Justice In The Sunshine State, Robert Jarvis (Editor) Jan 2018

Florida's Other Courts: Unconventional Justice In The Sunshine State, Robert Jarvis (Editor)

Faculty Scholarship

No abstract provided.


Book Review (Reviewing John Grisham, The Rooster Bar (2017)), Robert Jarvis Jan 2018

Book Review (Reviewing John Grisham, The Rooster Bar (2017)), Robert Jarvis

Faculty Scholarship

No abstract provided.


Slave Gambling In The Antebellum South, Robert Jarvis Jan 2018

Slave Gambling In The Antebellum South, Robert Jarvis

Faculty Scholarship

No abstract provided.