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Full-Text Articles in Law
Why Pharmaceutical Firms Support Patent Trolls: The Disparate Impact Of Ebay V. Mercexchange On Innovation, Jeremiah S. Helm
Why Pharmaceutical Firms Support Patent Trolls: The Disparate Impact Of Ebay V. Mercexchange On Innovation, Jeremiah S. Helm
Michigan Telecommunications & Technology Law Review
Before the unanimous decision in eBay v. MercExchange, patent holders were almost always granted an injunction against an infringer. In fact, the Federal Circuit, in deciding eBay, noted that, upon a finding of infringement, an injunction would issue unless there were extraordinary circumstances. The Court, in a brief opinion, disagreed with the Federal Circuit and explained that the injunction issue in a patent case must be analyzed under the traditional four-factor test.[...] Is the four-factor test fairer or better than the Federal Circuit's near-automatic injunction rule? It is certainly more difficult to administer a factor test as compared to a …
Money Talks: The Influence Of Economic Power On The Employment Laws And Policies In The United States And France, Carole A. Scott
Money Talks: The Influence Of Economic Power On The Employment Laws And Policies In The United States And France, Carole A. Scott
San Diego International Law Journal
Money talks. Money changes everything. There is nothing money cannot buy. These are all familiar phrases used to describe the desirable, and undesirable, effects of money. Money can also mean power, and more specifically, economic power. Indeed, economic power is becoming an increasingly important concept for a wide range of academic disciplines. For example, the concept of economic power has heavily influenced a new theory of international relations, namely globalization. Many globalization theorists argue that economic power is replacing military power in global politics. Other scholars contend that globalization is creating a new world order where economics are the central …
Limited Liability Companies Are Off And Running: Historic Charleston Holdings, Llc V. Mallon, Accountings, And Derivative Actions In Llc Litigation, Carmen Harper Thomas
Limited Liability Companies Are Off And Running: Historic Charleston Holdings, Llc V. Mallon, Accountings, And Derivative Actions In Llc Litigation, Carmen Harper Thomas
South Carolina Law Review
No abstract provided.
Dual Class Shares In Canada: An Historical Analysis, Stephanie Ben-Ishai, Poonam Puri
Dual Class Shares In Canada: An Historical Analysis, Stephanie Ben-Ishai, Poonam Puri
Dalhousie Law Journal
Dual class shares have been used by Canadian corporations to access public capital markets for the past sixty years. The debates surrounding the regulation of dual class shares have been reenergized. The authors of this article argue that only by looking to the legitimating role of nationalist policy, legislation and discourse in the historical development of dual class share structures can we derive context to the current debates surrounding the regulation of dual class shares and obtain a fuller understanding of the contemporary issues theypresent. Based on an analysis of the use of dual class shares as a financing technique …
The Next Generation: Milhaupt And West On Japanese Economic Law, Kent Anderson
The Next Generation: Milhaupt And West On Japanese Economic Law, Kent Anderson
Michigan Journal of International Law
Review of Economic Organizations and Corporate Governance in Japan: The Impact of Formal and Informal Rules by Curtis Milhaupt & Mark West
The Substantive Politics Of Formal Corporate Power, Martha T. Mccluskey
The Substantive Politics Of Formal Corporate Power, Martha T. Mccluskey
Buffalo Law Review
Corporations increasingly dominate the U.S. civil justice system, as Marc Galanter explains in his recent article, Planet of the APs: Reflections on the Scale of Law and its Users, 53 Buffalo L. Rev. 1369 (2006). My article builds on Galanter's discussion of corporate legal power by subjecting it to a critical legal perspective. In the conventional legal framework, corporations' privileged position appears to be an intractable puzzle, not an urgent injustice. That is because corporate power seems to be the generally necessary byproduct of a generally benign form (large, complex, legalistic organizations) or of generally benign, widely-shared normative principles (economic …
Corporate Patents: Optimizing Organizational Responses To Innovation Opportunities And Invention Discoveries, Richard Gruner
Corporate Patents: Optimizing Organizational Responses To Innovation Opportunities And Invention Discoveries, Richard Gruner
Marquette Intellectual Property Law Review
This article examines the interplay between patent incentives and corporate innovation. It argues that innovation concerning today's complex technologies often requires efforts on a corporate organizational scale and that changes in patent and corporate laws are needed to fully promote effective and efficient innovation in corporate environments. The prevalence of patent ownership and exploitation by corporations reflects a fundamental but poorly appreciated truth about modern technological innovation. Patent incentives influencing individuals don't bring most new inventions to the public. Rather, in many recently developed technology areas, corporate-initiated efforts are the primary sources of publicly valuable innovation and, hence, the main …
The Class Ceiling, Naomi Cahn, Michael Selmi
The Class Ceiling, Naomi Cahn, Michael Selmi
Maryland Law Review
No abstract provided.
Women And The New Corporate Governance: Pathways For Obtaining Positions Of Corporate Leadership, Cindy A. Schipani, Terry Morehead Dworkin, Angel Kwolek-Folland, Virginia Maurer
Women And The New Corporate Governance: Pathways For Obtaining Positions Of Corporate Leadership, Cindy A. Schipani, Terry Morehead Dworkin, Angel Kwolek-Folland, Virginia Maurer
Maryland Law Review
No abstract provided.
Women In Corporate Law Teaching: A Tale Of Two Generations, Margaret V. Sachs
Women In Corporate Law Teaching: A Tale Of Two Generations, Margaret V. Sachs
Maryland Law Review
No abstract provided.
Women Executives In Gladiator Corporate Cultures: The Behavioral Dynamics Of Gender, Ego, And Power, Marleen A. O'Connor
Women Executives In Gladiator Corporate Cultures: The Behavioral Dynamics Of Gender, Ego, And Power, Marleen A. O'Connor
Maryland Law Review
No abstract provided.
Making In-Roads To Corporate General Counsel Positions: It's Only A Matter Of Time?, Lisa H. Nicholson
Making In-Roads To Corporate General Counsel Positions: It's Only A Matter Of Time?, Lisa H. Nicholson
Maryland Law Review
No abstract provided.
From Sec Enforcement Attorney To Commissioner, Roberta S. Karmel
From Sec Enforcement Attorney To Commissioner, Roberta S. Karmel
Maryland Law Review
No abstract provided.
Transforming Discriminatory Corporate Cultures: This Is Not Just Women's Work, Cheryl L. Wade
Transforming Discriminatory Corporate Cultures: This Is Not Just Women's Work, Cheryl L. Wade
Maryland Law Review
No abstract provided.
At The Top Of The Pyramid: Lessons From The Alpha Women And The Elite Eight, Jayne W. Barnar
At The Top Of The Pyramid: Lessons From The Alpha Women And The Elite Eight, Jayne W. Barnar
Maryland Law Review
No abstract provided.
Martha Stewart Saved! Insider Violations Of Rule Lob-5 For Misrepresented Or Undisclosed Personal Facts, Joan Macleod Heminway
Martha Stewart Saved! Insider Violations Of Rule Lob-5 For Misrepresented Or Undisclosed Personal Facts, Joan Macleod Heminway
Maryland Law Review
No abstract provided.
Like A Fish Needs A Bicycle: Public Corporations And Their Shareholders, Theresa A. Gabaldon
Like A Fish Needs A Bicycle: Public Corporations And Their Shareholders, Theresa A. Gabaldon
Maryland Law Review
No abstract provided.
Clogs In The Pipeline: The Mixed Data On Women Directors And Continued Barriers To Their Advancement, Lisa M. Fairfax
Clogs In The Pipeline: The Mixed Data On Women Directors And Continued Barriers To Their Advancement, Lisa M. Fairfax
Maryland Law Review
No abstract provided.
Women And The "New" Corporate Governance - Foreword: A Symposium Exploring The Role And Impact Of Women In A Changing Corporate Environment, Lisa M. Fairfax, Paula A. Monopoli
Women And The "New" Corporate Governance - Foreword: A Symposium Exploring The Role And Impact Of Women In A Changing Corporate Environment, Lisa M. Fairfax, Paula A. Monopoli
Maryland Law Review
No abstract provided.
Opening Address, Sheila W. Wellington
Disloyalty Without Limits: "Independent" Directors And The Elimination Of The Duty Of Loyalty, J. Robert Brown Jr.
Disloyalty Without Limits: "Independent" Directors And The Elimination Of The Duty Of Loyalty, J. Robert Brown Jr.
Kentucky Law Journal
No abstract provided.
Daedalean Tinkering, Sean J. Griffith
Daedalean Tinkering, Sean J. Griffith
Michigan Law Review
Part I of this Review describes Skeel's account of corporate scandal, focusing on the central theme of excessive risk-taking. Part II examines Skeel's most original policy proposal-the creation of an investor insurance scheme to protect against excessive risk. Although the proposal takes up only a few pages of the book, it targets the books' core concern-the risk of corporate fraud. In evaluating the proposed investor insurance regime, this Review raises a set of objections based on cost and administrability and argues that an insurance regime would be duplicative of existing mechanisms that effectively spread the risk of financial fraud. Part …