Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Business Organizations Law (53)
- Intellectual Property Law (46)
- Securities Law (37)
- Banking and Finance Law (36)
- Entertainment, Arts, and Sports Law (24)
-
- Business (19)
- Internet Law (19)
- Science and Technology Law (18)
- Comparative and Foreign Law (15)
- Labor and Employment Law (15)
- Commercial Law (13)
- Legislation (13)
- Antitrust and Trade Regulation (11)
- Constitutional Law (11)
- First Amendment (11)
- International Law (11)
- Law and Economics (10)
- Property Law and Real Estate (10)
- International Trade Law (9)
- Dispute Resolution and Arbitration (8)
- Legal Ethics and Professional Responsibility (8)
- Technology and Innovation (8)
- Contracts (7)
- Environmental Law (7)
- Law and Society (7)
- Bankruptcy Law (6)
- Litigation (6)
- Food and Drug Law (5)
- Health Law and Policy (5)
- Keyword
-
- Securities and Exchange Commission (14)
- Securities (10)
- Intellectual property (9)
- SEC (9)
- California (8)
-
- First Amendment (8)
- Technology (8)
- Antitrust (7)
- Copyright (7)
- Arbitration (6)
- Bankruptcy (6)
- Constitution (6)
- Corporate law (6)
- Delaware (6)
- Litigation (6)
- Patent (6)
- Banking (5)
- Board of directors (5)
- Corporate governance (5)
- Dodd-Frank (5)
- Ethics (5)
- Patents (5)
- Trademark (5)
- COVID-19 (4)
- Commercial law (4)
- Copyright law (4)
- Court-connected ADR (4)
- Delaware Chancery Court (4)
- Economics (4)
- Employment (4)
Articles 31 - 60 of 242
Full-Text Articles in Law
Liability Redefined: The Application Of Agency Law To An Athletic Booster's Relationship With An Ncaa Member Institution, Jennifer Lee
Liability Redefined: The Application Of Agency Law To An Athletic Booster's Relationship With An Ncaa Member Institution, Jennifer Lee
The Journal of Business, Entrepreneurship & the Law
This comment draws parallels between agency law and the role of athletic boosters in a university context. This comment suggests that universities should not be held liable for the actions of third-party boosters unless the university had knowledge of the booster’s conduct or lacked an adequate system of internal controls.
Proving Equal Access To Capital In The Age Of The Startup: The Case For Federal Pre-Emption Of State Blue-Sky Laws, Gerry Griffith
Proving Equal Access To Capital In The Age Of The Startup: The Case For Federal Pre-Emption Of State Blue-Sky Laws, Gerry Griffith
The Journal of Business, Entrepreneurship & the Law
Section I of this comment examines the global opportunities available to startups in the digital economy and how startups’ capital demands evolved in the new era of business. Section II analyzes the differences between merit-based securities regulation existing at the state level and disclosure-based regulation, which is the federal regulatory scheme. This Section provides an overview of the three most common methods of restricted securities registration at the state level. Section III examines the development of blue sky laws and the role states originally played in protecting investors. This Section further explores the evolving relationship between state and federal securities …
Insider Trading Framework In United States And Egyptian Stock Markets, Elsayed Eldaydamony
Insider Trading Framework In United States And Egyptian Stock Markets, Elsayed Eldaydamony
The Journal of Business, Entrepreneurship & the Law
This article examines the law of insider trading in both the American and Egyptian legal systems. It seeks to pinpoint the policy rationale behind prohibiting insider trading, the theories of civil enforcement and criminalization, and the concept of tipping in the United States. It also analyzes the express statutory prohibition under Egyptian law. Furthermore, it explains the doctrinal link between securities fraud and insider trading in the U.S. as well as the enforcement mechanisms in place at the SEC, the NYSE, and the NASDAQ. It also surveys the surveillance authority of the Egyptian Financial Regularity Authority and of the Egyptian …
Held Accountable: Should Gun Manufacturers Be Held Liable For The Criminal Use Of Their Products, Benjamin Caryan
Held Accountable: Should Gun Manufacturers Be Held Liable For The Criminal Use Of Their Products, Benjamin Caryan
The Journal of Business, Entrepreneurship & the Law
This comment starts with a review of the most stringent laws currently enacted. After going over what is enacted, it will discuss the reasons given as to why gun manufacturers should be held liable and under what theories, including tort liability and public nuisance theories. Next, it will cover novel approaches to the strict liability, including arguments like negligent distribution, entrustment, and marketing. It will discuss similarities between the tobacco, automobile, and alcohol industry with the firearms industry. It will then go over how the recent push for gun legislation affected the sale and purchase of firearms. Lastly, to summarize, …
The Economics And Antitrust Of Bundling, Rajeev R. Bhattacharya
The Economics And Antitrust Of Bundling, Rajeev R. Bhattacharya
The Journal of Business, Entrepreneurship & the Law
This article explains the economics and antitrust of bundling. I first show that popular arguments such as demand complementarities, economies of scope, and price discrimination are not sufficient. I then detail potentially anticompetitive factors such as leverage and opacity. I then use simple examples to show how variation in consumer valuations explains bundling and is not anticompetitive. Finally, I explore other business judgment rule explanations for bundling.
O Tell Me The Truth About Bail-In: Theory And Practice, Marco Ventoruzzo, Giulio Sandrelli
O Tell Me The Truth About Bail-In: Theory And Practice, Marco Ventoruzzo, Giulio Sandrelli
The Journal of Business, Entrepreneurship & the Law
In this perspective, the purpose of this Article is to analyze the functioning of the European regulatory framework for the crisis of credit institutions in the light of its early applications, and with a special focus on the bail-in tool. We investigate how the new resolution mechanisms—rooted in the principle of private sector involvement in banking restructurings—have interplayed with (and tried to re-shape) legal and institutional contexts still characterized by an attitude to bail-out rescues and by non-harmonized national insolvency legislations.
Leveraging Legal Analytics And Spend Data As A Law Firm Self-Governance Tool, Nancy B. Rapoport, Joseph R. Tiano Jr.
Leveraging Legal Analytics And Spend Data As A Law Firm Self-Governance Tool, Nancy B. Rapoport, Joseph R. Tiano Jr.
The Journal of Business, Entrepreneurship & the Law
Our essay has five parts: (i) a discussion of how external forces are reshaping the economics of today’s legal industry; (ii) examples of the types of decisions that tend to drive up the cost of bills in contravention of ethical duties; (iii) a discussion of possible reasons for those decisions (including a short discussion of social science explanations); (iv) a description of how attorneys can use data analytics tools to self-govern how they staff, deliver and bill for their legal services; and (v) recommendations for how both clients and law firms can benefit from proactively managing, on the front end, …
Disunity Among The United States: Navigating Net-Metering Without Getting Electrocuted, Aundene Szmolyan
Disunity Among The United States: Navigating Net-Metering Without Getting Electrocuted, Aundene Szmolyan
The Journal of Business, Entrepreneurship & the Law
As it stands, the progress towards fighting climate change at the national level is in disarray, and there is a complete disunity of direction and goals at the state level. This paper highlights the disunity by providing a case study of the different regulations, which affect the solar power industry across all fifty states, with a particular focus paid to net metering regulations. Through an examination of this industry, three startling conclusions will emerge. First, investor-owned utilities apply intense political pressure through lobbying efforts to maintain the current status quo of the utility industry’s economic model, which results in the …
Human Rights Incorporated, Not Everyone Agrees, Dana Johnston
Human Rights Incorporated, Not Everyone Agrees, Dana Johnston
The Journal of Business, Entrepreneurship & the Law
There is a massive gap between the operations of businesses and the fundamental human rights of the workers and people impacted by the businesses. This has become apparent in the multiple major cases of abuse that have occurred in recent history. Businesses should be looking to hold their operations to high human rights requirements. Companies should be required to respect all human rights and not pick and choose which rights to deal with or which rights are easy for them to handle. Businesses have the ability to negatively or positively impact all human rights issues including, health and safety, freedom …
Drawing The Line: Can Lawyers Invest In Their Client's Business Without Crossing An Ethical Line?, Ali Ghassemi
Drawing The Line: Can Lawyers Invest In Their Client's Business Without Crossing An Ethical Line?, Ali Ghassemi
The Journal of Business, Entrepreneurship & the Law
I will begin with a look inside the history of entrepreneurship and its rise and decline throughout various times in our country’s history. I will then shift the focus towards the history of startup companies and what the modern trend is today in startups. After laying the foundation for startups, I will look into the complexities of creating a startup company and looking at the role that attorneys play in the lifetime of startups. From there, I will dive into the history and trend of lawyers who have invested in their client’s companies - through direct investment or bartering by …
Ministries Of Truth: Free Speech And The Tech Giants, Clayton Calvin
Ministries Of Truth: Free Speech And The Tech Giants, Clayton Calvin
The Journal of Business, Entrepreneurship & the Law
As the tech giants’ influence has grown, they have increasingly become arbiters of truth. This comment explores three methods for lessening their authority over digital speech. Antitrust, adjustment of the companies’ “neutral platform” status, and even creative use of First Amendment could each serve its role. At the same time, the First Amendment rights of the companies themselves pose a barrier, justifiably, to each method. To remain true to its founding ideals, America must lessen this private grip on civic discourse without expanding the government’s dominion over it.
Gender Diversity In Corporate Boardrooms: Do Equal Seats Mean Equal Voices?, Nicolena Farias-Eisner
Gender Diversity In Corporate Boardrooms: Do Equal Seats Mean Equal Voices?, Nicolena Farias-Eisner
The Journal of Business, Entrepreneurship & the Law
This paper will first trace the history and evolution of gender diversity on boards. It then will assess why the growing trend toward greater gender diversity has become prevalent in recent years and the effects of this trend. Third, the paper will address the social impacts that increasing gender diversity on boards will place on companies. Lastly, this paper will conclude by discussing and suggesting policy implications that would enhance boardroom gender diversity and ultimately achieve gender equality.
Foreign Arbitral Awards And The Second Circuit: Enforcement Considerations For Annulments, Calvin Jonker
Foreign Arbitral Awards And The Second Circuit: Enforcement Considerations For Annulments, Calvin Jonker
The Journal of Business, Entrepreneurship & the Law
Many international business transactions integrate an arbitration clause into the agreement as companies choose to keep potential disputes out of the court systems. Enforcement of the awards rendered pursuant to such agreements is straightforward in the United States thanks to the Federal Arbitration Act, as long as the United States is the forum for the arbitration proceeding. Even if the forum is outside of U.S. jurisdiction, several treaties, namely the Panama Convention and the New York Convention, provide for recognition of a foreign arbitrated award by U.S. courts, as well as recognition by U.S. courts of any annulment or suspension …
Decolonizing Reservation Economies: Returning To Private Enterprise And Trade, Adam Crepelle
Decolonizing Reservation Economies: Returning To Private Enterprise And Trade, Adam Crepelle
The Journal of Business, Entrepreneurship & the Law
Tribes can solve many of their socioeconomic problems by embracing their traditional economic practices. Transforming reservation conditions begins by tribes enacting laws and developing institutions that are conducive to private enterprise. Similarly, tribes must embrace trade—both with foreign nations and other tribes. By returning to trade-based economies and adopting laws that facilitate private enterprise, tribes can decolonize reservation economies. The rest of the article proceeds as follows. Part I discusses Indian economic practices prior to European contact and examines the United States’ various Indian policies, removal to the present-day self-determination era. Part II of the paper analyzes various federal, state, …
Arbitration Agreements – What Is The Employee Actually Signing Up For?, Kennedy Poe
Arbitration Agreements – What Is The Employee Actually Signing Up For?, Kennedy Poe
The Journal of Business, Entrepreneurship & the Law
This note will examine the various effects and implications the Supreme Court’s decision concerning the legality of class action waivers within employee-employer contracts will have on employers, employees, and the contracts made between them. Part I will identify class action waivers within an employment contract’s arbitration agreement and will further elaborate upon the legal implications of such waivers being present in the contract. Part II will then discuss the history of the NLRA and assess its present-day role in employee–employer contract formation, in order to provide clarity as to the dispute that has arisen between the NLRA and class action …
The Social Costs Of Dividends And Share Repurchases, J.B. Heaton
The Social Costs Of Dividends And Share Repurchases, J.B. Heaton
The Journal of Business, Entrepreneurship & the Law
A long-held view in the academy is that shareholders are "residual claimants” in the sense that shareholders are paid in full only after the corporation pays its creditors. The reality on the ground is far different. Corporations give assets away to their shareholders long before they have satisfied creditors, both voluntary contract creditors and involuntary tort creditors. In particular, existing U.S. corporate and voidable transfer laws allow corporations to pay dividends and make share repurchases up to the point where the corporation is insolvent or nearly so. Voluntary creditors can limit dividends and share repurchases by contract, but involuntary creditors …
Copyrighting Experiences: How Copyright Law Applies To Virtual Reality Programs, Alexis Dunne
Copyrighting Experiences: How Copyright Law Applies To Virtual Reality Programs, Alexis Dunne
The Journal of Business, Entrepreneurship & the Law
This note will attempt to shed light on the question of what kind of protection copyright law affords VR experiences. Part II discusses the nature of VR experiences and their implementation through specifically tailored VR technology. Part III provides an overview of copyright protection, its limitations, and specifically the history of the copyrightability of computer programs. Parts IV and V outline case law relevant to the discussion of the copyrightability of different types of VR experiences and how that case law similarly or dissimilarly apply to the protection of VR experiences. Part IV focuses on protecting VR experiences as a …
Crashing The Boards: A Comparative Analysis Of The Boxing Out Of Women On Boards In The United States And Canada, Diana C. Nicholls Mutter
Crashing The Boards: A Comparative Analysis Of The Boxing Out Of Women On Boards In The United States And Canada, Diana C. Nicholls Mutter
The Journal of Business, Entrepreneurship & the Law
This paper will first provide a critical, comparative look at the Canadian and the federal American responses to the under-representation of women on boards of large, publicly traded corporations. There will be a discussion about the competing conceptions which emerge in addressing the regulation of women on boards in the United States and Canada and why each jurisdiction implemented its policy when it did. The conceptions arising out of questions about under-representation of women on boards tend to fall within two categories: business case rationales and normative rationales. Given the competing conceptions of this issue, this paper will attempt to …
Bad Company? The Rise (Again) Of Association Health Plans, Brendan Williams
Bad Company? The Rise (Again) Of Association Health Plans, Brendan Williams
The Journal of Business, Entrepreneurship & the Law
This article first examines the rule adopted by the DOL and the criticism it has drawn. It then assesses the state of the small-group insurance market for small businesses, and the flawed approach that the ACA took to assisting them. Finally it takes a look at the uncertain future for small businesses and health insurance, and it suggests new approaches
Government-Sponsored Patent Monetizing Entities, Garry A. Gabison
Government-Sponsored Patent Monetizing Entities, Garry A. Gabison
The Journal of Business, Entrepreneurship & the Law
Government-sponsored patent assertion entities have materialized all over the world. This article looks at the market failure associated with the patent system. These entities have an opportunity to address these market inefficiencies. But, these entities can damage the innovation more by decreasing competition and increasing protectionism. This article looks at three such entities and argues that the US could use such an entity.
Making Room For Big Data: Web Scraping And An Affirmative Right To Access Publicly Available Information Online, Amber Zamora
Making Room For Big Data: Web Scraping And An Affirmative Right To Access Publicly Available Information Online, Amber Zamora
The Journal of Business, Entrepreneurship & the Law
This paper will explore the legality of web scraping through the lens of recent litigation between web scraper hiQ Labs and the online professional networking platform, LinkedIn. First, the paper will study the background of web scraping litigation, some challenges courts face in issuing consistent verdicts, and the most common claims companies make against web scrapers. Then the paper will address three of the most common claims and identify court motivations and limitations within the doctrines. The first claims are those arising from the federal Computer Fraud and Abuse Act (CFAA). Next, the paper will investigate copyright claims and defenses …
Protecting The Little Guys: How To Prevent The California Supreme Court’S New “Abc” Test From Stunting Cash-Strapped Startups, Braden Seibert
Protecting The Little Guys: How To Prevent The California Supreme Court’S New “Abc” Test From Stunting Cash-Strapped Startups, Braden Seibert
The Journal of Business, Entrepreneurship & the Law
California startups and independent contractors are in desperate need of a lifeline before they are gone for good. This state has long favored the employee over the employer, but the California Supreme Court’s new “ABC” test tips the scales even further by making it practically impossible for startups to compensate their workers. As a remedy, I propose exemptions to the test for sophisticated contractors who do not need the state’s protection, certified owners who have demonstrated fair play, and small businesses which are still in the developmental stages. Though the Court based its decision largely on a policy of protecting …
Direct Listing: How Spotify Is Streaming On The Nyse And Why The Sec Should Press Play, Cody L. Lipke
Direct Listing: How Spotify Is Streaming On The Nyse And Why The Sec Should Press Play, Cody L. Lipke
The Journal of Business, Entrepreneurship & the Law
This Note proposes that given Spotify’s successful launch on the NYSE, direct listings will become increasingly popular—primarily for start-ups but also as an exit strategy for VC and PE firms in their nonpublic investments. Part II of this Note will discuss the process of “going public” via an IPO or a direct listing. Part III will use Spotify as an illustrative example of the direct listing process. Part IV will consider the advantages and disadvantages of direct listing. Part V will conclude that the Securities and Exchange Commission (SEC or the Commission) should embrace the direct listing process and will …
American Oligarchy: How The Enfeebling Of Antitrust Law Corrodes The Republic, Zachariah Foge
American Oligarchy: How The Enfeebling Of Antitrust Law Corrodes The Republic, Zachariah Foge
The Journal of Business, Entrepreneurship & the Law
In this note, I will argue that the current antitrust framework is misguided and based on erroneous legal and economic theories originating from the Chicago School. I will argue that the neoclassical approach is not only wrong when examining the legislative intent of Congress but is also in contravention with the policy goals and foundational principles of antitrust law. Furthermore, I will argue that the Chicago School’s narrow, outcome-based view of antitrust is ill-equipped to deal with the demands of the twenty-first century and especially with the online marketplace. The tech giants are unprecedented in their scale, and the online …
Marijuana’S Continuing Illegality And Investors’ Securities Fraud Problem: The Doctrines Of Unclean Hands And In Pari Delicto, Casey W. Baker
Marijuana’S Continuing Illegality And Investors’ Securities Fraud Problem: The Doctrines Of Unclean Hands And In Pari Delicto, Casey W. Baker
The Journal of Business, Entrepreneurship & the Law
Marijuana-related businesses have blossomed into an industry with an estimated total market value of $7.2 billion in 2016, with annual growth projected at 17%. Industry surveys report that 62% of marijuana-related businesses have offered equity stakes to investors and approximately one-half of marijuana-related businesses planned to actively seek investment funding in 2017. Along with the investment opportunity comes heightened fraud risk, with regulators cautioning investors against investment due to the lack of accurate and publicly-available information. Also, despite state-level decriminalization, marijuana possession, sale, and distribution continues to be a crime under federal law. The criminal nature of the marijuana industry …
Sabotage By Cabotage: The Jones Act’S Attack On U.S. Energy, Kyle Mason
Sabotage By Cabotage: The Jones Act’S Attack On U.S. Energy, Kyle Mason
The Journal of Business, Entrepreneurship & the Law
This article will explore the ramifications that the Jones Act has on those other crucial areas of the U.S. economy, specifically looking at the U.S. energy market and analyzing how the Jones Act’s interplay with the domestic energy transportation market has been affected. Because of the substantial burden the Jones Act places on the shipping of natural resources, the U.S. energy market has been hindered, as this law continues to adversely impact both U.S. consumers and energy industry development in general. Given the U.S.’s renewed interest in development of an independent energy market, it is time to revise or repeal …
Behavioural Economics And The Non-Frustration Rule: Accounting For Bias, Matthew Cole
Behavioural Economics And The Non-Frustration Rule: Accounting For Bias, Matthew Cole
The Journal of Business, Entrepreneurship & the Law
The purpose of this paper is to argue how reforming the UK takeover and merger rules can lead to greater long-term investment by UK firms, while causing commensurate growth in productivity without hindering overseas investment or entrenching inefficient management.
Getting What You Bargained For: Avoiding Legal Uncertainty In Survival Clauses For A Seller's Representations And Warranties In M&A Purchase Agreements, Will Pugh
The Journal of Business, Entrepreneurship & the Law
This note will examine the variables that effect the way that courts may limit parties’ contractual freedom to shorten or lengthen statutes of limitation. It will describe the legal levers that determine the applicable survival period and suggest ways that parties can reduce legal uncertainty around the “basket” of provisions including reps, warranties, survival, and indemnification periods. One key detail examined by this note is “borrowing statutes ”that could operate to import another state’s controlling statute. Additionally, this note will discuss ways in which the contractual right to indemnification for breached reps and warranties is a substantive right that is …
Uganda Invest In Foreign Markets: Uganda As A Case Study, Morgan T. Lynch
Uganda Invest In Foreign Markets: Uganda As A Case Study, Morgan T. Lynch
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Promised Land Is On The Horizon: The Fix Crowdfunding Act Will Implement Small Changes That Could Make A Big Impact On Investors And Businesses Alike, Michaela Smith
The Journal of Business, Entrepreneurship & the Law
No abstract provided.