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Articles 31 - 60 of 82
Full-Text Articles in Law
And Justice For . . . : An Analysis Of Digital Music, Fair Use And Audience Rights, Christopher Cunico
And Justice For . . . : An Analysis Of Digital Music, Fair Use And Audience Rights, Christopher Cunico
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Explaining Adversarial Boilerplate Language In The Battle Of The Forms: Are Consequential Damages In The U.C.C. Gap Fillers A Penalty Default Rule?, Ryan Griffee
The Journal of Business, Entrepreneurship & the Law
In this article, game theory is applied to the battle of the forms and related scenarios to explain Daniel Keating’s observations, reported in the article “Exploring the Battle of the Forms in Action,” 98 MICH. L. REV. 2678 (2000). The first of the two major findings in this article is that there is a game-theoretic reason drafters of boilerplate language should use adversarial, U.C.C. § 2-207(1) proviso-conforming language, namely, to ensure that clients receive terms that are no worse than the default U.C.C. gap fillers. The second major finding is that there is a penalty default rule in contract law. …
Antitrust Law And Virtual Worlds, Marques Tracy
Antitrust Law And Virtual Worlds, Marques Tracy
The Journal of Business, Entrepreneurship & the Law
Much has been written about the law in virtual worlds, though the focus has been on the more obviously applicable areas of the law, namely property, copyright, and crime. Indeed, in the few instances when disputes involving virtual worlds have reached a federal court, the focus has usually been on contract or copyright claims. It is the purpose of this paper to argue for the use of the antitrust laws as set forth in sections 1 and 2 of the Sherman Act, and possibly the Clayton Act, to forestall the anticompetitive behavior of virtual world developers. First, this paper will …
Duck, Duck, Bilski: Searching For A Law-Progress Equipoise, Eric Golas Salbert
Duck, Duck, Bilski: Searching For A Law-Progress Equipoise, Eric Golas Salbert
The Journal of Business, Entrepreneurship & the Law
Moore's Law generally asserts that the transistor capacity on a computer processing unit increases exponentially over time. To exemplify, in 1971, Intel's first microprocessor contained 2,300 transistors and was used in simple electronic pocket calculators and by 2007 Intel was manufacturing microprocessors containing 820,000,000 transistors used in personal computers capable of near-instantaneous worldwide communication over the Internet. When the framers of the Constitution drafted the empowering words, “To promote the Progress of Science and useful Arts,” could they foresee such a blistering pace of innovation? Have courts been able to maintain the balance between progress and limited monopolies? The history …
Manifest' Destiny: The Fate Of The 'Manifest Disregard Of The Law' Doctrine After Hall Street V. Mattel, Karly A. Kauf
Manifest' Destiny: The Fate Of The 'Manifest Disregard Of The Law' Doctrine After Hall Street V. Mattel, Karly A. Kauf
The Journal of Business, Entrepreneurship & the Law
The Federal Arbitration Act was enacted in 1925 in reaction to widespread judicial resistance to arbitration. While it is difficult to imagine that the drafters of this legislation could have envisioned how prominent arbitration would become in the United States, it is clear that their intention was to ensure that contracts to arbitrate would be enforced and that the intent of the parties would be maintained. In the more than eighty years since the passage of the Act, courts have repeatedly been called on to interpret the Act in order to determine its effect on real world situations. Recently, the …
Cook Islands Asset Protection Trust Law, David R. Mcnair
Cook Islands Asset Protection Trust Law, David R. Mcnair
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Keeping Score When Bankruptcy Principles And The Federal Anti-Assignment Act Collide: Government Contractors' Options Concerning Executory Contracts, Tanya M. Kiatkulpiboone
Keeping Score When Bankruptcy Principles And The Federal Anti-Assignment Act Collide: Government Contractors' Options Concerning Executory Contracts, Tanya M. Kiatkulpiboone
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
With The Illinois Brick Wall Down, What's Left?: Determining Antitrust Standing Under State Law, Kellen S. Dwyer
With The Illinois Brick Wall Down, What's Left?: Determining Antitrust Standing Under State Law, Kellen S. Dwyer
The Journal of Business, Entrepreneurship & the Law
This Article deals with a problem which has repeatedly arisen in state and federal courts, resulting in a number of splintered opinions. In 1977, the Supreme Court ruled that only direct purchasers of a price-fixed product may sue under the Sherman Act. Thus, under the "Illinois Brick rule," consumers who buy a price-fixed product from a middle-man may not sue. Many states responded by passing "Illinois Brick repealers" which aimed to allow such suits. This Article addresses two questions which have divided the state and federal courts: Did the Illinois Brick repealers grant automatic standing to any indirect purchaser of …
Manipulation In Political Prediction Markets, Alexandra Lee Newman
Manipulation In Political Prediction Markets, Alexandra Lee Newman
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
It's Not Easy Being Green: Evolving Legal Frameworks To Address The Unanticipated Consequences Of New Environmental Programs, Beth S. Dorris
It's Not Easy Being Green: Evolving Legal Frameworks To Address The Unanticipated Consequences Of New Environmental Programs, Beth S. Dorris
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Need For A Self-Sustaining Mobile Legal Clinic In Widespread Urban Centers, Eshan Zaffar
The Need For A Self-Sustaining Mobile Legal Clinic In Widespread Urban Centers, Eshan Zaffar
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Protecting A Celebrity's Legacy: Living In California Or New York Becomes The Deciding Factor, Laurie Henderson
Protecting A Celebrity's Legacy: Living In California Or New York Becomes The Deciding Factor, Laurie Henderson
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Rating Agencies: Where We Have Been And Where Do We Go From Here?, Joshua D. Krebs
The Rating Agencies: Where We Have Been And Where Do We Go From Here?, Joshua D. Krebs
The Journal of Business, Entrepreneurship & the Law
The credit rating agencies are supposed to be gatekeepers to the public securities markets. As “gatekeepers,” they are reputational intermediaries in the investment process. Other gatekeepers include: independent auditors, credit rating agencies, securities analysts, investment bankers, and attorneys. The function of these reputational intermediaries is to act as neutral third party advisors to the investment process. While these intermediaries are paid for their opinions by one or more parties to a transaction, in theory the opinions will be neutral. This is due to the thought that any resulting reputational damage from non-neutral opinions would severely damage long-term profitability, in exchange …
Shutting Down The Offense: Why The Supreme Court Should Designate The Nfl A Single Entity For Antitrust Purposes, Peter R. Morrison
Shutting Down The Offense: Why The Supreme Court Should Designate The Nfl A Single Entity For Antitrust Purposes, Peter R. Morrison
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Notorious: The Treatment Of Famous Trademarks In America And How Protection Can Be Ensured, Blake W. Jackson
Notorious: The Treatment Of Famous Trademarks In America And How Protection Can Be Ensured, Blake W. Jackson
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Impact Of Medimmune, Inc. V. Genentech, Inc. And Its Progeny On Technology Licensing, Michael Donovan
The Impact Of Medimmune, Inc. V. Genentech, Inc. And Its Progeny On Technology Licensing, Michael Donovan
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
L3cs: The Next Big Wave In Socially Responsible Investing Or Just Simply Too Good To Be True?, David J. Schwister
L3cs: The Next Big Wave In Socially Responsible Investing Or Just Simply Too Good To Be True?, David J. Schwister
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Abolish Trademark Law's Initial Interest Confusion And Permit Manipulative Internet Search Practices, Priya Singh
Abolish Trademark Law's Initial Interest Confusion And Permit Manipulative Internet Search Practices, Priya Singh
The Journal of Business, Entrepreneurship & the Law
This article discusses trademark law’s doctrine of initial interest confusion, which is currently applied to Internet cases. First, it argues that the doctrine is problematic because it does not require the traditional showing of likelihood of confusion, it is superfluous, and it is unnecessary in the Internet context. Second, it proposes that courts should instead rely on the likelihood of confusion analysis. Additionally, courts should acknowledge that metatags are an outdated issue, and, when it comes to domain names, they should make use of the Anticybersquatting Consumer Protection Act (“ACPA”).
Class-Less? An Analysis Of The California Supreme Court's Denial Of Employers' Right To Use Class Arbitration Waivers In Employment Agreements In Gentry V. Superior Court, Michael B. Cooper
Class-Less? An Analysis Of The California Supreme Court's Denial Of Employers' Right To Use Class Arbitration Waivers In Employment Agreements In Gentry V. Superior Court, Michael B. Cooper
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Rural Banking: Designing An Effective Legal Framework For Microfinance, Ian Davis
Rural Banking: Designing An Effective Legal Framework For Microfinance, Ian Davis
The Journal of Business, Entrepreneurship & the Law
Approximately 1.2 billion people live in extreme poverty, surviving on less than $1 per day. In emerging markets, commercial banks generally serve only ten to twenty percent of the population, excluding eighty to ninety percent of the population from the formal financial sector. Many in this "un-banked" population could benefit from access to financial services. In most developing countries, rural financial markets are based partially on a foundation of law and partially on a non-legal foundation of extra-legal (and sometimes illegal) activities. These legal and non-legal foundations directly influence the operation of rural financial institutions. This comment will discuss the …
There Is No Perfect Solution To Health Care In America, Caroline Sommers
There Is No Perfect Solution To Health Care In America, Caroline Sommers
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Ledbetter V. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007): Faithful To Title Vii Or Blind To Sex Discrimination?, Garrett M. Fahy
Ledbetter V. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007): Faithful To Title Vii Or Blind To Sex Discrimination?, Garrett M. Fahy
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Unnecessary Reform: The Fallacies With And Alternatives To Sec Regulation Of Hedge Funds, Evan M. Gilbert
Unnecessary Reform: The Fallacies With And Alternatives To Sec Regulation Of Hedge Funds, Evan M. Gilbert
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Development Of The Commercial Judicial System In Uganda: A Study Of The Commercial Court Division, High Court Of Uganda, Geoffrey Kiryabwire
The Development Of The Commercial Judicial System In Uganda: A Study Of The Commercial Court Division, High Court Of Uganda, Geoffrey Kiryabwire
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Eliminating The Executive Overcompensation Problem: How The Sec And Congress Have Failed And Why The Shareholders Can Prevail, Blake H. Crawford
Eliminating The Executive Overcompensation Problem: How The Sec And Congress Have Failed And Why The Shareholders Can Prevail, Blake H. Crawford
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Market-Based Prediction Models As An Aid To Litigation Strategy And Settlement Negotiations, Kris Steckman
Market-Based Prediction Models As An Aid To Litigation Strategy And Settlement Negotiations, Kris Steckman
The Journal of Business, Entrepreneurship & the Law
In his recent book, “Litigation is War,” Fredrick L. Whitmer suggests effective advocacy in litigation mirrors many tactics common in strategic military preparation. On a battlefield or in a courtroom, quantifying the likelihood of uncertainties that may hinder or facilitate a particular line of attack will provide an advantage to the party holding such information. Consider this scenario: you are a plaintiff bringing suit against a corporation for ten million dollars, your trial starts in two weeks, the corporation has offered to settle for one million dollars, but you believe that you deserve more; do you accept? There is no …
"The Subprime Crisis: Why One Bad Turn Leads To Another" At Pepperdine University School Of Law, Richard A. Epstein
"The Subprime Crisis: Why One Bad Turn Leads To Another" At Pepperdine University School Of Law, Richard A. Epstein
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Piracy By Plastic: Why The Ninth Circuit Should Have Held Credit Cards Liable For Secondary Copyright Infringement, Jonathan Lee
Piracy By Plastic: Why The Ninth Circuit Should Have Held Credit Cards Liable For Secondary Copyright Infringement, Jonathan Lee
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Implication Of U.S. Venture Capital Theories For The Korean Venture Ecosystem, Kab Lae Kim
Implication Of U.S. Venture Capital Theories For The Korean Venture Ecosystem, Kab Lae Kim
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Unsuitability Of The "Suitability Rule": Why Finra's Current Interpretation Of Conduct Rule 2310 Undermines Investor "Holding Claim" Entitlements In Contemporary Markets, Laurence A. Steckman, Robert E. Conner
The Unsuitability Of The "Suitability Rule": Why Finra's Current Interpretation Of Conduct Rule 2310 Undermines Investor "Holding Claim" Entitlements In Contemporary Markets, Laurence A. Steckman, Robert E. Conner
The Journal of Business, Entrepreneurship & the Law
This article's thesis is that FINRA Conduct Rule 2310, FINRA's “suitability rule,” should be interpreted to govern all broker-customer communications that constitute non-trivial investment advice regarding portfolio composition, not just buy, sell or exchange communications, per current interpretation (the “BSE Interpretation”). Because acting on advice to hold a security (a “Holding Claim”) can affect risk just as significantly as a recommendation to buy, sell or exchange one, the BSE Interpretation leaves a large body of investment advice affecting customer portfolio risk unregulated by suitability standards. Such interpretation not only fails to reflect Rule 2310's well recognized customer-protective purposes, but effectively …