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American University Business Law Review

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Why Choose Ltas? An Empirical Study Of Ohio Manufacturers’ Contractual Choices Through A Bargaining Lens, Juliet P. Kostritsky, Jessica Ice Jan 2020

Why Choose Ltas? An Empirical Study Of Ohio Manufacturers’ Contractual Choices Through A Bargaining Lens, Juliet P. Kostritsky, Jessica Ice

American University Business Law Review

This Article contributes to recent scholarship regarding Long Term Agreements (“LTAs”) by providing empirical evidence that suppliers are more likely to undertake the costs of an LTA if the transaction requires significant capital expenditures or the potential for large sunk costs. Through a survey of a random group of sixty-three Ohio manufacturers, the Article explores why manufacturers with a full range of contractual and non-contractual solutions might choose one set of arrangements over others.1 It then seeks to link its findings to a broader theory of how parties bargain to solve durable problems under conditions of uncertainty, sunk costs, and …


Big Tech Makes Big Data Out Of Your Child: The Ferpa Loophole Edtech Exploits To Monetize Student Data, Amy Rhoades Jan 2020

Big Tech Makes Big Data Out Of Your Child: The Ferpa Loophole Edtech Exploits To Monetize Student Data, Amy Rhoades

American University Business Law Review

No abstract provided.


Resolving The Crowdfunding Conundrum: The Experience Of The United States And Spain, Rafael A. Porrata-Doria Jr. Jan 2020

Resolving The Crowdfunding Conundrum: The Experience Of The United States And Spain, Rafael A. Porrata-Doria Jr.

American University Business Law Review

The phenomenon known as crowdfunding has become an attractive alternative for businesses looking for investors without having to go through more well-established routes or without necessarily having to lure and impress professional investors. However, this new form of raising capital creates a series of issues and problems unique to crowdfunding, which has led to a struggle amongst governments to effectively regulate this new entrepreneurial opportunity. The crowdfunding conundrum government regulators are facing causes them to have to reconcile two contradictory missions: facilitating the acquisition of capital by businesses and protecting investors (and the market) from fraud and manipulation. This Article …


How The Sec Can Help Mitigate The "Proactive" Agency Costs Of Agency Capitalism, Bernard S. Sharfman Jan 2019

How The Sec Can Help Mitigate The "Proactive" Agency Costs Of Agency Capitalism, Bernard S. Sharfman

American University Business Law Review

No abstract provided.


American V. British Rule: The Impact Of James G. Davis Construction Corp. V. Hrgm Corp. On Fee-Shifting Provisions In The Maryland And D.C. Area, Maxwell Terhar Jan 2019

American V. British Rule: The Impact Of James G. Davis Construction Corp. V. Hrgm Corp. On Fee-Shifting Provisions In The Maryland And D.C. Area, Maxwell Terhar

American University Business Law Review

No abstract provided.


Unravelling China's Gradual Approach To Equity Crowdfunding Regulation, Chen Li, Yu Qianqian Jan 2019

Unravelling China's Gradual Approach To Equity Crowdfunding Regulation, Chen Li, Yu Qianqian

American University Business Law Review

No abstract provided.


"Something Called The 'Municipal Securities Rulemaking Board'": Unexamined Issues Of Constitutionality, Richard E. Brodsky Jan 2019

"Something Called The 'Municipal Securities Rulemaking Board'": Unexamined Issues Of Constitutionality, Richard E. Brodsky

American University Business Law Review

No abstract provided.


Worldwide Frand Licensing Standard, Garry A. Gabison Jan 2019

Worldwide Frand Licensing Standard, Garry A. Gabison

American University Business Law Review

No abstract provided.


Access To Justice And The Denial Of Stay In A Pending Bankruptcy Appeal: Reviewability By The Courts Of Appeals, Robert J. Landry Iii Jan 2019

Access To Justice And The Denial Of Stay In A Pending Bankruptcy Appeal: Reviewability By The Courts Of Appeals, Robert J. Landry Iii

American University Business Law Review

No abstract provided.


Not All Virtual Currencies Are Created Equal: Regulatory Guidance In The Aftermath Of Cftc V. Mcdonnell, Allen Kogan Jan 2019

Not All Virtual Currencies Are Created Equal: Regulatory Guidance In The Aftermath Of Cftc V. Mcdonnell, Allen Kogan

American University Business Law Review

No abstract provided.


Valueact Partners And Hart-Scot-Rodino: Ending The Competition Between Investor Interest And Antitrust Law, Amy D'Avella Jan 2019

Valueact Partners And Hart-Scot-Rodino: Ending The Competition Between Investor Interest And Antitrust Law, Amy D'Avella

American University Business Law Review

No abstract provided.


Form I-9 In The Digital Age: Employer Compliance And Enforcement Challenges, Sari Long, Catherine Betts Jan 2018

Form I-9 In The Digital Age: Employer Compliance And Enforcement Challenges, Sari Long, Catherine Betts

American University Business Law Review

No abstract provided.


Bremaining In Vogue: The Impact Of Brexit On The Fashion Industry, Natalie Cuadros Jan 2018

Bremaining In Vogue: The Impact Of Brexit On The Fashion Industry, Natalie Cuadros

American University Business Law Review

No abstract provided.


Hey Alexa: Was It The Butter, In The Foyer, With The Candlestick? Understanding Amazon's Echo And Whether The Government Can Retrieve Its Data, Seth Weintraub Jan 2018

Hey Alexa: Was It The Butter, In The Foyer, With The Candlestick? Understanding Amazon's Echo And Whether The Government Can Retrieve Its Data, Seth Weintraub

American University Business Law Review

No abstract provided.


The Cost Of The Government's Failure To Protect Children Witnessing Parental Arrest And Detainment, Tiffany Simmons, Bahiyyah Muhammad, Kasandra Dodd Jan 2018

The Cost Of The Government's Failure To Protect Children Witnessing Parental Arrest And Detainment, Tiffany Simmons, Bahiyyah Muhammad, Kasandra Dodd

American University Business Law Review

No abstract provided.


Sec Regulation Of Foreign-Domiciled Investment Advisers: A Study Of The Policy Vision Inspiring The Unibanco Letter, John H. Walsh Jan 2018

Sec Regulation Of Foreign-Domiciled Investment Advisers: A Study Of The Policy Vision Inspiring The Unibanco Letter, John H. Walsh

American University Business Law Review

No abstract provided.


Adea Disparate-Impact Claims: How The Third Circuit Age-Proofed Comparators, Stephanie Vilella Jan 2018

Adea Disparate-Impact Claims: How The Third Circuit Age-Proofed Comparators, Stephanie Vilella

American University Business Law Review

No abstract provided.


Rigging The Rig: The Merits Of American Jurisprudence In Enhancing Jurisdictional Arguments In Nigeria's Oil And Gas Law, Mofe Obadina Jan 2018

Rigging The Rig: The Merits Of American Jurisprudence In Enhancing Jurisdictional Arguments In Nigeria's Oil And Gas Law, Mofe Obadina

American University Business Law Review

No abstract provided.


A Search By Any Other Name: Google, Genericism, And Primary Significance, Erica C. Hughes Jan 2018

A Search By Any Other Name: Google, Genericism, And Primary Significance, Erica C. Hughes

American University Business Law Review

No abstract provided.


Fake News And Financial Markets: A 21st Century Twist On Market Manipulation, Bianca Petcu Jan 2018

Fake News And Financial Markets: A 21st Century Twist On Market Manipulation, Bianca Petcu

American University Business Law Review

No abstract provided.


The Full Protection And Security Standard In International Investment Law: What And Who Is Investment Fully[?] Protected And Secured From?, Nartnirun Junngam Jan 2018

The Full Protection And Security Standard In International Investment Law: What And Who Is Investment Fully[?] Protected And Secured From?, Nartnirun Junngam

American University Business Law Review

No abstract provided.


The Supreme Court And The Federal Circuit Turn Patent Infringement Venue Jurisprudence Upside Down, Robert Tapparo Jan 2018

The Supreme Court And The Federal Circuit Turn Patent Infringement Venue Jurisprudence Upside Down, Robert Tapparo

American University Business Law Review

No abstract provided.


Robots, New Technology, And Industry 4.0 In Changing Workplaces. Impacts On Labor And Employment Laws, Ronald C. Brown Jan 2018

Robots, New Technology, And Industry 4.0 In Changing Workplaces. Impacts On Labor And Employment Laws, Ronald C. Brown

American University Business Law Review

No abstract provided.


To Actually Give A Fair Chance: "Ban The Box" Law And The "Rationale Relationship" Standard, Stephanie Leacock Jan 2018

To Actually Give A Fair Chance: "Ban The Box" Law And The "Rationale Relationship" Standard, Stephanie Leacock

American University Business Law Review

No abstract provided.


Failing To Prepare: The Importance Of Regulating Tax Return Preparers Followingthe Passage Of The Tax Cuts And Jobs Act, Jacob Peeples Jan 2018

Failing To Prepare: The Importance Of Regulating Tax Return Preparers Followingthe Passage Of The Tax Cuts And Jobs Act, Jacob Peeples

American University Business Law Review

No abstract provided.


The Multifaceted Manifestations Of The Poor Door: Examining Forms Of Separation In Inclusionary Housing, Conor Arpey Jan 2017

The Multifaceted Manifestations Of The Poor Door: Examining Forms Of Separation In Inclusionary Housing, Conor Arpey

American University Business Law Review

No abstract provided.


Protecting Fashion Designs: Not Only "What?" But "Who?", Julie Zerbo Jan 2017

Protecting Fashion Designs: Not Only "What?" But "Who?", Julie Zerbo

American University Business Law Review

No abstract provided.


Regulation Tomorrow: What Happens When Technology Is Faster Than The Law?, Mark D. Fenwick, Wulf A. Kaal Ph.D., Erik P.M. Vermeulen Jan 2017

Regulation Tomorrow: What Happens When Technology Is Faster Than The Law?, Mark D. Fenwick, Wulf A. Kaal Ph.D., Erik P.M. Vermeulen

American University Business Law Review

In an age of constant, complex and disruptive technological innovation, knowing what, when, and how to structure regulatory interventions has become more difficult. Regulators find themselves in a situation where they believe they must opt for either reckless action (regulation without sufficient facts) or paralysis (doing nothing). Inevitably in such a case, caution tends to trump risk. But such caution merely functions to reinforce the status quo and makes it harder for new technologies to reach the market in a timely or efficient manner.

The solution: lawmaking and regulatory design needs to become more proactive, dynamic, and responsive. So how …


The Ultimate Fighting Championship And Zuffa: From ‘Human Cock-Fighting' To Market Power, Carl J. Gaul Iv Jan 2017

The Ultimate Fighting Championship And Zuffa: From ‘Human Cock-Fighting' To Market Power, Carl J. Gaul Iv

American University Business Law Review

No abstract provided.


The Price Of Free Mobile Apps Under The Video Privacy Protection Act, Suzanne L. Riopel Jan 2017

The Price Of Free Mobile Apps Under The Video Privacy Protection Act, Suzanne L. Riopel

American University Business Law Review

No abstract provided.