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Full-Text Articles in Law

Law’S Facilitating Role In The Field Of Social Enterprise., Evelyn Brody Mar 2018

Law’S Facilitating Role In The Field Of Social Enterprise., Evelyn Brody

Evelyn Brody

A Review of Dana Brakman Reiser and Steven A. Dean. Social Enterprise Law: Trust, Public Benefit, and Capital Markets. New York: Oxford University Press, 2017, 216 pp., $44.95 (hardback) ISBN 978-0-19-024978-6

To appreciate the contribution of Professors Dana Brakman Reiser and Steven A. Dean in their pathbreaking volume on social enterprise law, we must begin by recognizing what we are not discussing. As the authors declare: “social enterprises are not charities” (p. 165). By definition, social enterprises are businesses, and thus not subject to the nondistribution constraint so familiar to nonprofit scholars and practitioners. An impact investor seeks profit, perhaps …


Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo Nov 2017

Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo

Muna B Ndulo

No abstract provided.


A Review And Critique Of Selected Problem Areas From The Tax Reform Act Of 1976, Neil E. Harl, Michael D. Boehlje Jul 2016

A Review And Critique Of Selected Problem Areas From The Tax Reform Act Of 1976, Neil E. Harl, Michael D. Boehlje

Neil E. Harl

Rarely has agriculture enjoyed the attention it received in the Tax Reform Act of 1976. In addition to various provisions narrowing the scope of tax shelter opportunities, Congressional attention was drawn to the federal estate tax concerns that were believed to be unique to agriculture and other small firms. As a result, legislation was enacted providing two new methods for valuing land, an expanded and more attractive installment option or paying the federal estate tax attributable to a qualifying business, a new rule for taxing post-1976 joint tenancies at death,— an opportunity to continue "Section 303" stock redemptions for the …


Myth: Hard Work And Credentials Determine Employment Opportunities Feb 2016

Myth: Hard Work And Credentials Determine Employment Opportunities

Alev Dudek

"The way one's career develops has little to do with what one went to school for, envisioned, or carefully planned. Careers generally result from coincidence. Regardless of these facts, job seekers are told to endure extensive career testing and planning, or they are asked to create artificial networks that seldom lead to more than frustration. They are given tests that allegedly determine which careers a particular individual would excel in and be a good fit for based on his or her skills and interests, as if the individual would not excel in other careers as much, or as if being …


Take Two Tablets And Do Not Call For Judicial Review Until Our Heads Clear: The Supreme Court Prepares To Demolish The 'Wall Of Separation' Between Church And State, Terence Lau, William Wines Nov 2015

Take Two Tablets And Do Not Call For Judicial Review Until Our Heads Clear: The Supreme Court Prepares To Demolish The 'Wall Of Separation' Between Church And State, Terence Lau, William Wines

Terence Lau

In this article, we examine the issues that bring First Amendment jurisprudence to the grant of certiorari in Pleasant Grove v. Summum, scheduled for oral argument in the Supreme Court of the United States in November. We examine the historical basis for America’s religious heritage, the historical judicial treatment of the religious clauses, and the erosion of the wall of separation between church and state. We examine the Ten Commandments, finding inherent discrimination present in modern-day attempts to advance a particular version of the Ten Commandments as secular. By drawing upon Rousseau’s civic religion, we suggest alternative routes for the …


Lawyers And Fools: Lawyer-Directors In Public Corporations, Lubomir P. Litov, Simone M. Sepe, Charles K. Whitehead Oct 2015

Lawyers And Fools: Lawyer-Directors In Public Corporations, Lubomir P. Litov, Simone M. Sepe, Charles K. Whitehead

Lubomir P. Litov

The accepted wisdom—that a lawyer who becomes a corporate director has a fool for a client—is outdated. The benefits of lawyer-directors in today’s world significantly outweigh the costs. Beyond monitoring, they help manage litigation and regulation, as well as structure compensation to align CEO and shareholder interests. The results have been an average 9.5% increase in firm value and an almost doubling in the percentage of public companies with lawyer-directors. This Article is the first to analyze the rise of lawyer-directors. It makes a variety of other empirical contributions, each of which is statistically significant and large in magnitude. First, …


Prólogo, Luis González Vaqué Jun 2015

Prólogo, Luis González Vaqué

Luis González Vaqué

El consumo de alimentos es un aspecto substancial del comportamiento cultural en su sentido más amplio. Comer ha estado siempre sometido a reglas: religiosas en un principio, tradicionales desde tiempos inmemoriales y, finalmente, jurídicas. Estas pautas de comportamiento alimentario, con diversos niveles de obligatoriedad, siguen cohabitando temporal y territorialmente en la actualidad.

En este breve resumen de este interesante libro electrónico, titulado precisamente "La legislación alimentaria y su aplicación en la industria", no deseo extenderme más sobre lo que es y significa alimentarse: sí quiero recordar, de todos modos, que la magia y el simbolismo atribuidos a ciertos productos alimenticios …


Institutional Investing When Shareholders Are Not Supreme, Christopher Geczy, Jessica Jeffers, David Musto, Anne Tucker Mar 2015

Institutional Investing When Shareholders Are Not Supreme, Christopher Geczy, Jessica Jeffers, David Musto, Anne Tucker

Anne Tucker

Institutional investors, with trillions in assets under management, hold increasingly important stakes in public companies and fund individual retirement for many Americans, making institutional investors’ behaviors and preferences paramount determinants of capital allocations and the economy. In this paper, we examine high fiduciary duty institutions' (HFDIs') response to decreased profit maximization pressure as measured by the effect of constituency statutes on HFDI investment. We ask this question, in part, to anticipate HFDIs’ response to alternative purpose firms, like benefit corporations. Only with access to institutional investors’ capital can alternative purpose firms gain economic significance to rival the purely for-profit corporation. …


Lawyers And Fools: Lawyer-Directors In Public Corporations, Lubomir P. Litov, Simone M. Sepe, Charles K. Whitehead Feb 2015

Lawyers And Fools: Lawyer-Directors In Public Corporations, Lubomir P. Litov, Simone M. Sepe, Charles K. Whitehead

Charles K Whitehead

The accepted wisdom—that a lawyer who becomes a corporate director has a fool for a client—is outdated. The benefits of lawyer-directors in today’s world significantly outweigh the costs. Beyond monitoring, they help manage litigation and regulation, as well as structure compensation to align CEO and shareholder interests. The results have been an average 9.5% increase in firm value and an almost doubling in the percentage of public companies with lawyer-directors. This Article is the first to analyze the rise of lawyer-directors. It makes a variety of other empirical contributions, each of which is statistically significant and large in magnitude. First, …


On The Nature Of Corporations, Lynn A. Stout Feb 2015

On The Nature Of Corporations, Lynn A. Stout

Lynn A. Stout

Legal experts traditionally distinguish corporations from unincorporated business forms by focusing on corporate characteristics like limited shareholder liability, centralized management, perpetual life, and free transferability of shares. While such approaches have value, this essay argues that the nature of the corporation can be better understood by focusing on a fifth, often-overlooked, characteristic of corporations: their capacity to "lock in" equity investors' initial capital contributions by making it far more difficult for those investors to subsequently withdraw assets from the firm. Like a tar pit, a corporation is much easier for equity investors to get into, than to get out of. …


All-Units Discounts As A Partial Foreclosure Device, Yong Chao, Guofu Tan Dec 2014

All-Units Discounts As A Partial Foreclosure Device, Yong Chao, Guofu Tan

Yong Chao

All-units discounts (AUD) are pricing schemes that lower a buyer’s marginal price on every unit purchased when the buyer’s purchase exceeds or is equal to a pre-specified threshold. The AUD and related conditional rebates are commonly used in both final-goods and intermediate-goods markets. Although the existing literature has thus far focused on interpreting the AUD as a price discrimination tool, investment incentive program, or rent-shifting instrument, the antitrust concerns on the AUD and related conditional rebates are often their plausible exclusionary effects.

In this article, we investigate strategic effects of volume-threshold based AUD used by a dominant firm in the …


Secrets D'Affaires: L'Urgente Nécessité D'Adopter Une Directive Face A L'Inefficacité De L'Application De L'Accord Sur Les Adpic, Luis González Vaqué Dec 2014

Secrets D'Affaires: L'Urgente Nécessité D'Adopter Une Directive Face A L'Inefficacité De L'Application De L'Accord Sur Les Adpic, Luis González Vaqué

Luis González Vaqué

In November 2013, the Commission proposed a draft directive that will align existing laws against the misappropriation of trade secrets across the EU.

The relevant laws of some Member States do not provide for a legal definition of what a trade secret is. The existing remedies available are also inconsistent, and at times ineffective.

The proposal harmonises the definition of trade secrets in accordance with existing internationally binding standards. It also defines the relevant forms of misappropriation and clarifies that reverse engineering and parallel innovation must be guaranteed, given that trade secrets are not a form of exclusive intellectual property …


Legal And Ethical Issues Associated With Employee Use Of Social Networks, Gundars Kaupins, Susan Park Dec 2014

Legal And Ethical Issues Associated With Employee Use Of Social Networks, Gundars Kaupins, Susan Park

Susan Park

Social networking sites such as Facebook and Twitter can help employees enhance a company’s marketing, recruiting, security, and safety. However, employee’s use of social networking sites and employers’ access of those sites can result in illegal and unethical behavior, such as discrimination and privacy invasions. Companies must gauge whether and how to rely upon employees’ use of personal social networking sites and how much freedom employees should have in using networks inside and outside of the companies. This research summarizes the latest legal and ethical issues regarding employee use of social networks and provides recommended corporate policies.


Teaching Llcs Through A Problem-Based Approach, Michelle M. Harner, Robert J. Rhee Apr 2014

Teaching Llcs Through A Problem-Based Approach, Michelle M. Harner, Robert J. Rhee

Robert Rhee

Case studies and case simulations can be used to teach LLCs with an eye toward training business lawyers. These tools can be used in the traditional four-credit Business Associations (BA) course to supplement traditional teaching materials with mini-case studies that accent and apply analysis of primary legal sources. Alternatively, case studies and case simulations can be the centerpiece of a specialized course on LLCs. We discuss both approaches in this short essay.


Corporate Social Responsibility In A Remedy-Seeking Society: A Public Choice Perspective, Donald J. Kochan Dec 2013

Corporate Social Responsibility In A Remedy-Seeking Society: A Public Choice Perspective, Donald J. Kochan

Donald J. Kochan

Written for the Chapman Law Review Symposium on “What Can Law & Economics Teach Us About the Corporate Social Responsibility Debate?,” this Article applies the lessons of public choice theory to examine corporate social responsibility. The Article adopts a broad definition of corporate social responsibility activism to include both (1) those efforts that seek to convince corporations to voluntarily take into account corporate social responsibility in their own decision-making, and (2) the efforts to alter the legal landscape and expand legal obligations of corporations beyond traditional notions of harm and duty so as to force corporations to invest in interests …


Strategic Effects Of Three-Part Tariffs Under Oligopoly, Yong Chao Jul 2013

Strategic Effects Of Three-Part Tariffs Under Oligopoly, Yong Chao

Yong Chao

The distinct element of a three-part tariff, compared with linear pricing or a two-part tariff, is its quantity target within which the marginal price is zero. This quantity target instrument enriches the firm's strategy set in dictating the competition to a specific level, even in the absence of usual price discrimination motive. With general differentiated linear demand system, the competitive effect of a three-part tariff in contrast to linear pricing depends on the degree of substitutability between products: competition is intensified when two products are more differentiated, yet softened when two products are more substitutable.


A Conversation With Jeffrey N. Shane, April 12, 2012, Brian F. Havel Dec 2012

A Conversation With Jeffrey N. Shane, April 12, 2012, Brian F. Havel

Brian Havel

This transcript of an interview with Jeffrey N. Shane appears in a Special Edition of Issues in Aviation Law and Policy presenting transcripts of the fourth, fifth, and sixth interviews in the International Law Institute's "Conversations with Aviation Leaders" oral history project. The project explores the origins, history, and record of United States airline deregulation as told through the voices and memories of its participants. Jeffrey N. Shane served in a number of key policymaking positions in the federal government over a 30-year period, including Under Secretary of Transportation for Policy from 2003 to 2008.


Law Firm Mergers: Finding The Right Fit, Mark E. Pickering Jul 2012

Law Firm Mergers: Finding The Right Fit, Mark E. Pickering

Mark E Pickering

Mergers and acquisitions (M&A) can be an extremely valuable tool to transform organisations and to accelerate growth strategies. However, poorly conceived and implemented acquisitions can result in significant distraction, substantial financial write-offs and, in extreme cases, put the acquirer’s future in jeopardy. Directors play an important role in the M&A decision process and should delve into key components of proposed acquisitions to improve M&A outcomes.


Classification Of Clients Of Financial Firms: From Comparative Law Perspective, Christopher Chao-Hung Chen May 2012

Classification Of Clients Of Financial Firms: From Comparative Law Perspective, Christopher Chao-Hung Chen

Christopher Chao-hung Chen

The purpose of this article is to examine current regulations under Taiwan law with regard to classification of clients of financial firms in Taiwan from the perspective of comparative law. After comparing with relevant laws in the EU, UK, USA, Hong Kong, and Singapore, this article argues that there are certain points worth further consideration and revision under Taiwan law: first, the level of current regulation in Taiwan and its scope are rather limited compared with foreign laws; secondly, it is necessary to introduce other standards than mere ‘total assets’ in order to determine a ‘large’ enterprise; and thirdly, current …


Corporate Governance And The New Trend Of Directors In Company Law In Other Countries, Christopher Chao-Hung Chen, Shuaisheng Huang May 2012

Corporate Governance And The New Trend Of Directors In Company Law In Other Countries, Christopher Chao-Hung Chen, Shuaisheng Huang

Christopher Chao-hung Chen

No abstract provided.


Cloud Computing Providers And Data Security Law: Building Trust With United States Companies, Jared A. Harshbarger Esq. Nov 2011

Cloud Computing Providers And Data Security Law: Building Trust With United States Companies, Jared A. Harshbarger Esq.

Jared A. Harshbarger

Cloud computing and software-as-a-service (SaaS) models are revolutionizing the information technology industry. As these services become more prevalent, data security and privacy concerns will also rise among consumers and the companies who consider using them. Cloud computing providers must establish a sufficient level of trust with their potential customers in order to ease initial fears - and ensure certain compliance obligations will be met - at least to the extent that any such inquiring customer will feel comfortable enough to ultimately take the irreversible step of releasing their sensitive data and personal information into the cloud.


Understanding Csr: An Empirical Study Of Private Self-Regulation, Benedict Sheehy Sep 2011

Understanding Csr: An Empirical Study Of Private Self-Regulation, Benedict Sheehy

Benedict Sheehy

Abstract: The article is a study of an important burgeoning form of regulation—private self-regulation—in the area of Corporate Social Responsibility (CSR). Rather than taking a purely theoretical approach or a social scientific study relying publicly reported data, the article addresses the issue by way of interview based case studies. As a study in regulation it clarifies the difference between various types of self-regulation, trade associations’ codes as private self-regulation and government sponsored self-regulation. This distinction hampers efforts to understand the important aspects of motivation and compliance. This study provides empirical examination of compliance in private self-regulation. Given the impact and …


The Public Sector Manager As A Bully: Analysis Of Litigated Cases, Helen Lavan, Marsha Katz, Michael Jedel Dec 2010

The Public Sector Manager As A Bully: Analysis Of Litigated Cases, Helen Lavan, Marsha Katz, Michael Jedel

Helen LaVan

No abstract provided.


Falling Short: Has The Sec’S Quest To Control Market Manipulation And Abusive Short-Selling Come To An End Or Has It Really Just Begun?, Richard Ramirez Dec 2010

Falling Short: Has The Sec’S Quest To Control Market Manipulation And Abusive Short-Selling Come To An End Or Has It Really Just Begun?, Richard Ramirez

Richard E. Ramirez, J.D. | CFCS

No abstract provided.


White College Students' Explanations Of White (And Black) Athletic Performance: A Qualitative Investigation Of White College Students, Harrison Dec 2010

White College Students' Explanations Of White (And Black) Athletic Performance: A Qualitative Investigation Of White College Students, Harrison

Dr. C. Keith Harrison

No abstract provided.


A Conceptual Model Of Academic Success For Student-Athletes, Keith Harrison Dec 2010

A Conceptual Model Of Academic Success For Student-Athletes, Keith Harrison

Dr. C. Keith Harrison

Concern over the academic talent development of Division I student–athletes has led to increased research to explain variations in their academic performance. Although a substantial amount of attention has been given to the relationship between student–athletes and their levels of academic success, there remain critical theoretical and analytical gaps. The purpose of this article is to develop a conceptual model to understand and explain the cumulative processes and characteristics—as a whole and in stages—that influence academic success for Division I student–athletes. Research on student–athletes and academic success is reviewed and synthesized to provide a rationale for the basic elements of …


Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos Dec 2010

Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos

Michael Diathesopoulos

In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we will …


Ssrn As An Initial Revolution In Academic Knowledge Aggregation And Dissemination, David Bray, Sascha Vitzthum, Benn Konsynski Jan 2010

Ssrn As An Initial Revolution In Academic Knowledge Aggregation And Dissemination, David Bray, Sascha Vitzthum, Benn Konsynski

Sascha Vitzthum

Within this paper we consider our results of using the Social Science Research Network (SSRN) over a period of 18 months to distribute our working papers to the research community. Our experiences have been quite positive, with SSRN serving as a platform both to inform our colleagues about our research as well as inform us about related research (through email and telephoned conversations of colleagues who discovered our paper on SSRN). We then discuss potential future directions for SSRN to consider, and how SSRN might well represent an initial revolution in 21st century academic knowledge aggregation and dissemination. Our paper …


Scholar-Baller: Student Athlete Socialization, Motivation, And Academic Performance In American Society, Keith Harrison Dec 2009

Scholar-Baller: Student Athlete Socialization, Motivation, And Academic Performance In American Society, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.


A Critical Race Analysis Of The Hiring Process For Head Coaches In Ncaa College Football, Keith Harrison Dec 2009

A Critical Race Analysis Of The Hiring Process For Head Coaches In Ncaa College Football, Keith Harrison

Dr. C. Keith Harrison

In this article, we respond to Singer’s (2005) challenge to sport management scholars to consider race-based epistemologies in conducting certain kinds of research in the field, as we use critical race theory (CRT) as a framework to analyze the Black Coaches & Administrators (BCA) Hiring Report Card (HRC) (Harrison & Yee, 2009). The BCA HRC was created as a result of the access discrimination that has historically taken place in college sport (Brooks & Althouse, 2000; Cunningham & Sagas, 2005), which has consequently contributed to the underrepresentation of racial minorities in the head coach position in college football. The HRC …