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2012

Pepperdine University

The Journal of Business, Entrepreneurship & the Law

Articles 61 - 82 of 82

Full-Text Articles in Law

Too Much Of A Good Thing: How Much Should Hedge Funds Be Required To Disclose?, Daniel Etlinger Jan 2012

Too Much Of A Good Thing: How Much Should Hedge Funds Be Required To Disclose?, Daniel Etlinger

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Is There A Dual Banking System?, Carl Felsenfeld, Genci Bilali Jan 2012

Is There A Dual Banking System?, Carl Felsenfeld, Genci Bilali

The Journal of Business, Entrepreneurship & the Law

There is a fierce controversy being waged today about the status of the historic dual banking system in American law. National banks (banks chartered by the national government) derive their powers from federal law. States, on the other hand, assert that they should be able to control certain aspects of national bank operations such as consumer protection written as state law. While the national banks acknowledge that states do have certain areas where they may control national bank activities--much contract law, for example, which is essentially state law--the national banks also assert a high level of authority--preemption--over the states where …


Federal Patent Takings, Christopher S. Storm Jan 2012

Federal Patent Takings, Christopher S. Storm

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Playboy, Contact Lenses, And Trademark Infringement: An Analysis Of Possible Claims As A Result Of Pop-Up Advertisements, Ashley A. Locke Jan 2012

Playboy, Contact Lenses, And Trademark Infringement: An Analysis Of Possible Claims As A Result Of Pop-Up Advertisements, Ashley A. Locke

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


A Look At The Globalization Of The Exchanges And Its Effects On The United States Market Through An Analysis Of The Nyse And Euronext Merger, Christopher Osborne Jan 2012

A Look At The Globalization Of The Exchanges And Its Effects On The United States Market Through An Analysis Of The Nyse And Euronext Merger, Christopher Osborne

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


A New Form Of Business Entity Is Needed To Promote Social Entrepreneurship: The Not-For-Loss Corporation, Jay Milbrandt Jan 2012

A New Form Of Business Entity Is Needed To Promote Social Entrepreneurship: The Not-For-Loss Corporation, Jay Milbrandt

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


The Momentum, Motive, And Mouse-Kapades Of The Majority Vote Movement, Jay Razzouk Jan 2012

The Momentum, Motive, And Mouse-Kapades Of The Majority Vote Movement, Jay Razzouk

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Corporate Lawyers After The Big Quake: The Conceptual Fault Line In The Professional Duty Of Confidentiality, Thomas G. Bost Jan 2012

Corporate Lawyers After The Big Quake: The Conceptual Fault Line In The Professional Duty Of Confidentiality, Thomas G. Bost

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Financial Considerations When Owning And Selling A Business, David G. Adishian Jan 2012

Financial Considerations When Owning And Selling A Business, David G. Adishian

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


"Revolution Through Social Enterprise" At The Graziadio Executive Center At Pepperdine University, Roger P. Alford Jan 2012

"Revolution Through Social Enterprise" At The Graziadio Executive Center At Pepperdine University, Roger P. Alford

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


The Integrative Market Hypothesis For Stock Market Fluctuations, Janet Kerr, Alessandro Casati Jan 2012

The Integrative Market Hypothesis For Stock Market Fluctuations, Janet Kerr, Alessandro Casati

The Journal of Business, Entrepreneurship & the Law

This article provides a new understanding of stock market price fluctuations, applying the concepts of quantum physics. This new approach challenges traditional theories of stock price movement, such as Random Walk, finding them antiquated and incomplete. The paper compares the stock price fluctuations to the quantum movement of particles. Specifically, the movement of stock prices on the NASDAQ index is fitted to a curve derived from Plank's equation for black body radiation. The market is ultimately found to be not totally reactive nor random, but taking on an emergent quality. This independent movement is not expected from the interaction of …


Baby Boomers' And The Branding Of Political Speech: An Unintended Consequence Of Bono's Red Campaign, Robert Koulish Jan 2012

Baby Boomers' And The Branding Of Political Speech: An Unintended Consequence Of Bono's Red Campaign, Robert Koulish

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Codes Of Ethics And State Fiduciary Duties: Where Is The Line?, Z. Jill Barclift Jan 2012

Codes Of Ethics And State Fiduciary Duties: Where Is The Line?, Z. Jill Barclift

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


The Moral Rights Act Of 2007: Finding The Melody In The Music, Aurele Danoff Jan 2012

The Moral Rights Act Of 2007: Finding The Melody In The Music, Aurele Danoff

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Limits On Utility In The Face Of 21st Century Invention: The Problem With Limiting Patent Claims On Est Sequences, Kyle Strache Jan 2012

Limits On Utility In The Face Of 21st Century Invention: The Problem With Limiting Patent Claims On Est Sequences, Kyle Strache

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Goldstein V. Securities And Exchange Commission, Todd Zaun Jan 2012

Goldstein V. Securities And Exchange Commission, Todd Zaun

The Journal of Business, Entrepreneurship & the Law

Hedge funds are one of the fastest growing and most controversial segments of the financial market. Most people know very little about hedge funds other than that they are the investment vehicle of choice for well-heeled investors - the place where the rich put their money in order to get even richer. In fact, hedge funds thrive on the lack of knowledge about what exactly it is that they do. Without the ability to keep their trading strategies confidential, hedge funds argue they would not be able generate the impressive returns that keep them in business. And so when the …


Gridlock On The Road To Renewable Energy Development: A Discussion About The Opportunities & Risks Presented By The Modernization Requirements Of The Electricity Transmission Network, Kelsey Jae Nunez Jan 2012

Gridlock On The Road To Renewable Energy Development: A Discussion About The Opportunities & Risks Presented By The Modernization Requirements Of The Electricity Transmission Network, Kelsey Jae Nunez

The Journal of Business, Entrepreneurship & the Law

In November 2006, the American Council On Renewable Energy (“ACORE”), along with the Renewable Energy and Energy Efficiency Caucuses of the United States Senate and House of Representatives, convened the national policy conference, “Renewable Energy in America: Phase II Market Forecasts and Policy Requirements” (“Phase II”). Several speakers at Phase II argued that continued private sector financing of renewable energy projects will substantially depend on the expansion of the electrical transmission network. The argument follows this logic: developing renewable energy to the point that it can power America's growing energy needs will require substantial investment from private sector investors. These …


Social Enterprise: Doing Well By Doing Good, Muhammad Yunus Jan 2012

Social Enterprise: Doing Well By Doing Good, Muhammad Yunus

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Training Law Students To Be International Transactional Lawyers-Using An Extended Simulation To Educate Law Students About Business Transactions, Daniel D. Bradlow, Jay Gary Finkelstein Jan 2012

Training Law Students To Be International Transactional Lawyers-Using An Extended Simulation To Educate Law Students About Business Transactions, Daniel D. Bradlow, Jay Gary Finkelstein

The Journal of Business, Entrepreneurship & the Law

The article describes an innovative approach to educating law students about the legal issues and the role of lawyers in negotiating international business transactions. It is based on our experiences in developing and teaching a course that is built around a semester-long simulation exercise and taught in counterpart classes at two law schools. The students in these classes represent the opposing parties and negotiate a cross-border business transaction involving a joint venture agreement, a licensing agreement and a long-term supply contract. The students, who attend either the American University Washington College of Law or the Centre for Energy Mineral and …


Taking Healthcare's Pulse: Legal Issues Involved In Healthcare Business Transactions, Renee A. Pistone Jan 2012

Taking Healthcare's Pulse: Legal Issues Involved In Healthcare Business Transactions, Renee A. Pistone

The Journal of Business, Entrepreneurship & the Law

There are many federal regulations to consider when a healthcare lawyer creates and evaluates a particular healthcare business transaction. The healthcare market is highly competitive with the formation of healthcare business transactions on the rise. Hospitals and physicians seek dynamic and cost effective ways to deliver healthcare and partnerships are being formed between physicians and hospitals. These partnerships add to the marked increase in healthcare business transactions along with the progressed development of the physician hospital organization (“PHO”). Attorneys who execute healthcare business transactions on behalf of clients have to follow the federal laws. Part I sets forth potential ethics …


Software Licenses, Source Code Escrows, And Trustee Powers Under 11 U.S.C. §365, James E. Raymond Jan 2012

Software Licenses, Source Code Escrows, And Trustee Powers Under 11 U.S.C. §365, James E. Raymond

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


The "Evolving Written Description Doctrine" And The Search For Specificity (A.K.A. Adequacy Is The Matter Of Invention.), Gerald R. Prettyman Jr. Jan 2012

The "Evolving Written Description Doctrine" And The Search For Specificity (A.K.A. Adequacy Is The Matter Of Invention.), Gerald R. Prettyman Jr.

The Journal of Business, Entrepreneurship & the Law

In 1996, the U.S. Supreme Court ruled in Markman that claim construction was a matter of law for the judge to decide. There was hope in the patent bar that Markman would bring uniformity to claim construction and a reduction to the lengthy process of patent litigation. Some authors report instead that the claim construction reversal rate is increasing. Other authors question the consistency of the rulings from the Court of Appeals for the Federal Circuit. Circuit Judge Rader of the Federal Circuit recently named this controversy the “Evolving Written Description Doctrine.” Behind this controversy primarily lies judicial interpretation of …