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Articles 1 - 17 of 17
Full-Text Articles in Law
How Entrepreneurs Can Crowdfund Renewable Energy Projects, Adrian Chiang
How Entrepreneurs Can Crowdfund Renewable Energy Projects, Adrian Chiang
The Journal of Business, Entrepreneurship & the Law
This Article explains how the entrepreneurial efforts and the upcoming changes in crowdfunding law will allow for more successful renewable energy projects in the United States. Part II examines the renewable energy market, its relevance, and the United States' transition from traditional non-renewable energy production to renewable energy production. Part III covers the general methods of energy financing from both public and private sources and how they have been utilized in typical energy financing structures. Part IV explains how an entrepreneur, utilizing the new rules on crowdfunding, can address the existing deficiencies in financing renewable energy projects. Part V explores …
Walk A Mile In The Shoes Of A Copyright Troll: Analyzing And Overcoming The Joinder Issue In Bittorrent Lawsuits, Kristina Unanyan
Walk A Mile In The Shoes Of A Copyright Troll: Analyzing And Overcoming The Joinder Issue In Bittorrent Lawsuits, Kristina Unanyan
The Journal of Business, Entrepreneurship & the Law
This Comment analyzes the issues surrounding joinder of copyright infringers who use BitTorrent, explores how joinder can be used and limited to create a more viable solution for copyright holders and consumers, as well as, supplements the sparse regulations that encompass joinder to create a rule that accommodates this technological era. Part II explains Copyright Law and the procedural aspects of a copyright infringement suit and joinder of defendants. Part III delves into the history of peer-to-peer (P2P) file-sharing lawsuits and provides an illustration of where case law rests today regarding P2P networks. Part IV describes the BitTorrent network and …
Note: A Series Of (Inseparable) Tubes? “New Media” Streaming And The Impact Of In Re. Pandora Media, Related Decisions, And Performance Licensing In The Internet Era, Ross Coker
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Symposium: Regulatory Capture And Technological Entrepreneurship: Protecting Consumer Interests?, Robert Anderson, John G. Shearer, Christopher Koopman, Makan Delrahim, Erik Syverson, Babbette Boliek
Symposium: Regulatory Capture And Technological Entrepreneurship: Protecting Consumer Interests?, Robert Anderson, John G. Shearer, Christopher Koopman, Makan Delrahim, Erik Syverson, Babbette Boliek
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Sharing Economy And Consumer Protection Regulation: The Case For Policy Change, Christopher Koopman, Matthew Mitchell, Adam Thierer
The Sharing Economy And Consumer Protection Regulation: The Case For Policy Change, Christopher Koopman, Matthew Mitchell, Adam Thierer
The Journal of Business, Entrepreneurship & the Law
In this Paper, we discuss the central benefit of the sharing economy thus far: it has overcome market imperfections without recourse to regulatory bodies prone to capture by entrenched firms. As an introduction to the various issues surrounding this ongoing debate, we begin with an explanation of the sharing economy. Then we review the traditional “consumer protection” rationales for economic regulation and explain why many regulations persist even though their initial justifications are no longer valid. We argue continued application of these outmoded regulatory regimes is likely to harm consumers. In the last section, we explain how the Internet and …
The Family Llc: A New Approach To Insuring Dynastic Wealth, Evan Michael Purcell
The Family Llc: A New Approach To Insuring Dynastic Wealth, Evan Michael Purcell
The Journal of Business, Entrepreneurship & the Law
This Article introduces the taxpayer to the basic background principles needed to understand the inner workings of the investment, then provides a guide to drafting considerations for the family's attorney, and concludes with a general plan to maintain business legitimacy and take advantage of tax-favored status, while retaining the flexibility essential to combating the unexpected. Part II addresses the historically favored tax treatment of life insurance products, as well as relatively recent restrictive reforms. Part III addresses the background foundation of the LLC entity and surveys its skeletal structure. Part IV introduces a practical example of how to create an …
Drafting And Securitizing Participation Mortgages: A Re-Introduction, Spencer J. Coopchik, Yildiray Yildirim
Drafting And Securitizing Participation Mortgages: A Re-Introduction, Spencer J. Coopchik, Yildiray Yildirim
The Journal of Business, Entrepreneurship & the Law
This Paper will reintroduce, explore, and expand on the financing arrangement known as a Participation Mortgage. First, this Paper will cover the features, history, and policy purposes behind the mortgage. Second, the Paper will focus on legal mechanics and drafting considerations of Participation Mortgages, so they may later be securitized. Finally, the Paper will explore the possibility and legality of creating Participation Mortgaged Backed Securities to be sold in the secondary market.
“Because That's Where The Money Is”: A Theory Of Corporate Legal Compliance, William C. Bradford
“Because That's Where The Money Is”: A Theory Of Corporate Legal Compliance, William C. Bradford
The Journal of Business, Entrepreneurship & the Law
The study and regulation of firms per se as agents of compliance may be misguided. Firms are abstractions that exist only in the legal, and not the natural, sense, and, as such, utterly lack decisional capacity. Firms do not decide whether to comply with law; people, specifically officers who exercise decisional authority on their behalf, do. Any theory that would explain or predict firm compliance must account for the individual level of analysis. However, most corporate legal compliance research minimizes the salience of personality. Accordingly, Part II traces associations between personalities of CEOs and firm compliance with obligations arising under …
Assessing Irving Picard’S Writ Of Certiorari In Picard V. Jp Morgan Chase: Another Chapter In The Saga Of Bernie Madoff And His Impact On The Securities Industry, Bryce Cullinane
The Journal of Business, Entrepreneurship & the Law
An objective analysis of Picard's writ shows the Second Circuit should be affirmed. Picard's arguments are long on emotional appeal and customer-centric public policy but short on the law. The Second Circuit decision is in line with the intent of Congress. Furthermore, adopting Picard's interpretation would raise many issues and create many problems in the financial services industry. Part II of this note provides background on SIPA and the Securities Investor Protection Corporation (SIPC), as well as Section 544 of the Code. Part III provides background on the Picard case, including a brief discussion of Madoff's scheme and Picard's work …
Survey Of The Rights Of Receiverships To Sell Real Property, Baruch Kreiman
Survey Of The Rights Of Receiverships To Sell Real Property, Baruch Kreiman
The Journal of Business, Entrepreneurship & the Law
The focus of this article is on the abilities of the receiver and the restrictions put on him regarding his management of the property-- specifically, whether the receiver has the ability to sell the land free and clear of all liens, and, if so, under what circumstances and by what method. Part II gives an overview of the article, discusses the structures of receivership statutes in various jurisdictions, and further discusses receivership sales. Part III analyzes the statutory frameworks and caselaw from a selection of jurisdictions with regards to their treatment of receiverships and focuses on sales made by the …
Judicial Treatment Of California’S Anti-Deficiency Legislation Section 580b: Is It Effective?, Cole F. Morgan
Judicial Treatment Of California’S Anti-Deficiency Legislation Section 580b: Is It Effective?, Cole F. Morgan
The Journal of Business, Entrepreneurship & the Law
Short sales of real property represent approximately a quarter of all homeowner transactions. Recently, short sales passed foreclosures as the preferred method in home sales due to the ease of sale. Coker v. JP Morgan Chase Bank, N.A., has ruled lenders of a purchase-money mortgage may not pursue a deficiency judgment after the short sale of a home. Essentially, this means after the sale is completed and the lender has obtained the proceeds from the sale, if there is a deficiency, they may not personally hold the borrower liable for the remaining debt of the mortgage. The ruling was established …
No Pay, No Gain? The Plus Side Of Unpaid Internships, Chad A. Pasternack
No Pay, No Gain? The Plus Side Of Unpaid Internships, Chad A. Pasternack
The Journal of Business, Entrepreneurship & the Law
Recent cases out of the Southern District of New York have shined a spotlight on the phenomenon that is the unpaid internship with for-profit companies. These rulings, awaiting scrutiny by the Second Circuit, have opened the floodgates for countless interns to challenge their “employers” for the minimum wage they may be owed under the Fair Labor Standards Act (FLSA). This article examines the evolution of testing for employment under the FLSA, which varies greatly among the circuits. It then argues for a limited exception to the FLSA inspired by the “small business exception” to the Affordable Care Act.
Deranged Disgorgement, James Tyler Kirk
Deranged Disgorgement, James Tyler Kirk
The Journal of Business, Entrepreneurship & the Law
This article seeks to explore the concept of equity embodied in the securities laws as intended by Congress. Accordingly, this article asks whether Congress intended to codify the traditional common law notions of equity in disgorgement, or is the SEC's disgorgement sui generis. To answer this question, the philosophy behind disgorgement is exhaustively fleshed out through a historical case analysis. Next, the article establishes what the author believes to be a new concept, the theory of regulatory equity. Following the establishment of this theory, the practice of offsetting disgorgement is analyzed to see whether it is faithful to this new …
Delaware Corporate Law Recognizes The Fundamental Validity Of The Forum Selection Bylaw: A Survey Of The Boilermakers Litigation, Zachary R. Cormier
Delaware Corporate Law Recognizes The Fundamental Validity Of The Forum Selection Bylaw: A Survey Of The Boilermakers Litigation, Zachary R. Cormier
The Journal of Business, Entrepreneurship & the Law
Boilermakers Local 154 Retirement Fund v. Chevron Corp. represents a new and important chapter in the relationship between the forum selection clause and modern business relations. A forum selection clause is “[a] contractual provision in which the parties establish the place (such as the country, state, or type of court) for specified litigation between them.” Forum selection clauses have most often been analyzed by courts within contractual relationships between businesses, or a business and its customers. The Boilermakers case sets important precedent for forum selection in an equally fundamental business relationship--the corporation and its stockholders. This article will survey the …
Credit Rating Agency Review Board: The Challenges And Implications Of Implementing The Franken-Wicker Amendment To Dodd-Frank, Christopher R. Dyess
Credit Rating Agency Review Board: The Challenges And Implications Of Implementing The Franken-Wicker Amendment To Dodd-Frank, Christopher R. Dyess
The Journal of Business, Entrepreneurship & the Law
The purpose of this paper is to analyze, critically review, and determine whether a hypothetical credit rating agency board, as suggested in the Franken-Wicker Amendment to the Dodd-Frank Act, is a viable option for combating the conflict of interest problem between credit rating agencies and issuers. Research methodology includes a careful review of various ways to structure the board and the potential unintended consequences of doing so. The Author uses original research hand-collected from video of the Credit Ratings Roundtable conducted in Washington D.C. on May 14, 2013. The Credit Ratings Roundtable brought together experts from the credit rating industry …
Entrepreneurial Esquires In The New Economy: Why All Attorneys Should Learn About Entrepreneurship In Law School, J. Mark Phillips
Entrepreneurial Esquires In The New Economy: Why All Attorneys Should Learn About Entrepreneurship In Law School, J. Mark Phillips
The Journal of Business, Entrepreneurship & the Law
As the legal industry continues to recover from the shock of the recent recession, it finds itself in a fundamentally different place than it was ten years ago, with even more tumultuous change on the horizon. Economic pressure coupled with continued technological innovation has increased attorney unemployment levels, shifted law firm business models, and changed the expectations of legal clientele. Yet, despite this radically shifting market place, legal education has remained fundamentally unchanged. This article examines the current state of the legal industry through an entrepreneurial lens and juxtaposes it with the current state of legal education. In doing so, …
Governing The Corporate Insiders: Improving Regulation Fair Disclosure With More Robust Guidance And Stronger Penalties For Individual Executives, Christopher Ippoliti
Governing The Corporate Insiders: Improving Regulation Fair Disclosure With More Robust Guidance And Stronger Penalties For Individual Executives, Christopher Ippoliti
The Journal of Business, Entrepreneurship & the Law
This article discusses the history of Regulation Fair Disclosure (Regulation FD), the problems it was intended to remedy, the scope of the regulation, and acceptable methods of disclosing material information in compliance with the rule. Part III examines specific further guidance and two investigative reports issued by the United States Securities and Exchange Commission (SEC) impacting Regulation FD disclosures. In Part IV, this article sets forth a comprehensive analysis of all the specific enforcement actions pursued by the SEC and the penalties assessed against publicly traded companies and individuals for Regulation FD violations. Part V evaluates the effectiveness of the …