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Selected Works

2009

Business

Articles 1 - 6 of 6

Full-Text Articles in Law

Essay: Justice Sotomayor On The Supreme Court: A Boon For Business?, Dana M. Muir, David Baumer, Stephanie Greene, Gideon Mark, Robert E. Thomas Sep 2009

Essay: Justice Sotomayor On The Supreme Court: A Boon For Business?, Dana M. Muir, David Baumer, Stephanie Greene, Gideon Mark, Robert E. Thomas

Dana M. Muir

In this essay, five business law professors with specialties in five different doctrinal areas analyze Justice Sonia Sotomayor’s jurisprudence in those areas and consider the implications of her appointment to the Supreme Court. Each of the areas, intellectual property, antitrust, securities, ERISA, and employment law, involves an area of federal law of significant importance to businesses. Although employment law also is a matter of state law, this essay focuses on the federal employment law statutes. Based on our analysis, we believe that Justice Sotomayor will approach business cases from a neutral perspective. Overall, we find support for the generally accepted …

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Protect Our Children, Jenny Meyen, Donna M. Hughes Dr. Aug 2009

Protect Our Children, Jenny Meyen, Donna M. Hughes Dr.

Donna M. Hughes

There is something very disturbing about a business that advertises they are for “men and children” and evidence exists that this business has sexual acts occurring in the same building. That business is Gateway Barber and they advertise that they do haircuts, but that is not the only thing they do. According to the internet they are known as Salon 657 and described as offering erotic services. Gateway Barber is located on West Main Road in between two family restaurants. By all appearances one would assume that this is a “family business”. 

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What Law Schools Should Teach Future Transactional Lawyers: Perspectives From Practice, Michael A. Woronoff Aug 2009

What Law Schools Should Teach Future Transactional Lawyers: Perspectives From Practice, Michael A. Woronoff

Michael A Woronoff

Since at least the 1980’s, law schools have been chided for doing a poor job at teaching skills. This criticism has been accompanied by pressure to increase their emphasis on skills training. The pressure increased with the publication of the McCrate Report in 1992, and then again with the publication of the Carnegie Report in 2007. This article is based on my remarks given on June 10 at the 2009 mid-year meeting of the AALS Conference on Business Associations. In those remarks, I respond to the questions “Are law schools teaching students adequate transactional skills?” and “From the standpoint of …

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Citizens Confront Officials In Middletown, Melanie Shapiro Esq, Donna M. Hughes Dr. Aug 2009

Citizens Confront Officials In Middletown, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

The parking lot was overflowing for the Middletown Town Council meeting on Monday evening. Dozens of citizens, including local business owners and parents, were there to express their concern about the presence of spa-brothels in the community and the loss of a children-centered business as a result.

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United States Competition Policy In Crisis, 1890-1955, Herbert Hovenkamp Jan 2009

United States Competition Policy In Crisis, 1890-1955, Herbert Hovenkamp

Herbert Hovenkamp

UNITED STATES COMPETITION POLICY IN CRISIS,1890-1955 Herbert Hovenkamp ABSTRACT The development of marginalist, or neoclassical, economics led to a fifty-year long crisis in competition theory. Given an industrial structure with sufficient fixed costs, competition always became "ruinous," forcing firms to cut prices to marginal cost without sufficient revenue remaining to pay off investment. Early neoclassicists such as Alfred Marshall were not able to solve this problem, and as a result many economists were hostile toward the antitrust laws in the early decades of the twentieth century. The ruinous competition debate came to an abrupt end in the early 1930's, when …

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Invisible Businessman: Undermining Black Enterprise With Land Use Rules, Stephen Clowney Dec 2008

Invisible Businessman: Undermining Black Enterprise With Land Use Rules, Stephen Clowney

Stephen Clowney

This Article is an attempt to better understand and address the feeble rate of self-employment in African-American neighborhoods. My animating thesis is that black business lags, at least in part, because commentators have overlooked a key constraint on African-American entrepreneurship: land use regulation. In both the legal academy and in the halls of government, scholars have failed to understand how land use rules restrict commercial development in minority communities. More specifically, the literature has never acknowledged that zoning - the process of dividing an entire municipality into districts and designating permitted uses for each area - sharply limits the formation …

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