Commercial Law Commons^™

The Centralization Of The Banking Industry: Dodd-Frank's Impact On Community Banks And The Need For Both Regulatory Relief And An Overhaul Of The Current Framework, Bryce W. Newell

DePaul Business & Commercial Law Journal

No abstract provided.

Halliburton Ii: A Missed Opportunity To Right The Wrong In Rule 10b-5 Based Class Actions, Erich L. Schmitz

DePaul Business & Commercial Law Journal

No abstract provided.

Continuing Conundrum Of Mistakes: Where The Dodd-Frank Act Went Wrong, Shipra Mehta

DePaul Business & Commercial Law Journal

No abstract provided.

Three Cheers For Three Tiers: Why The Three-Tier System Maintains Its Legal Validity And Social Benefits After Granholm, Roni Elias

DePaul Business & Commercial Law Journal

No abstract provided.

Investment-Environment Disputes: Challenges And Proposals, Mohamed F. Sweify

DePaul Business & Commercial Law Journal

No abstract provided.

Trending @ Rwu Law: Dean Yelnosky's Post: The Path To Commencement: Maria Viveiros '17 05-08-2017, Michael Yelnosky

Law School Blogs

No abstract provided.

Thinking Outside The Box: Reforming Commercial Discrimination Doctrine To Combat The Negative Consequences Of Ban-The-Box Legislation, Nina Kucharczyk

Fordham Law Review

This Note suggests a new approach to address the unintended consequences of ban-the-box legislation. The solution to combat unconscious discrimination during the hiring process is not to eliminate ban- the-box laws entirely; instead, lawmakers must modernize and strengthen Commercial discrimination doctrine to empower racial minorities who suspect discrimination and to ensure employers are critically analyzing their hiring processes.

The Commercial Difference, Felix T. Wu

Articles

When it comes to the First Amendment, commerciality does, and should, matter. This Article develops the view that the key distinguishing characteristic of corporate or commercial speech is that the interest at stake is “derivative,” in the sense that we care about the speech interest for reasons other than caring about the rights of the entity directly asserting a claim under the First Amendment. To say that the interest is derivative is not to say that it is unimportant, and one could find corporate and commercial speech interests to be both derivative and strong enough to apply heightened scrutiny to …

The Uncharted Waters Of Competition And Innovation In Biological Medicines, Erika Lietzan

Florida State University Law Review

In 2010, Congress fundamentally changed how federal law encourages the discovery and development of certain new medicines and for the first time authorized less expensive “duplicates” of these medicines to be approved and compete in the marketplace. The medicines at issue are biological medicines—generally, medicines made from, or grown in, living systems. Many of the world’s most important and most expensive medicines for serious and life-threatening diseases are biological medicines. Today, that law is beginning to bear fruit; FDA has begun to approve the first of these duplicates, called “biosimilars,” and the products have begun to enter the marketplace.

We …

How Photographs Infringe, Terry S. Kogan

Utah Law Faculty Scholarship

Courts and commentators have lavished attention on the question of what makes a photograph original and entitled to copyright protection. Far less attention has been devoted to the issue of how photographs infringe. This is the first Article to systematically explore the different ways in which a photograph can steal intellectual property. Photographs can infringe in two ways: by replication and by imitation. A photograph infringes by replication when, without permission, a photographer points her camera directly at a copyright-protected work—a sculpture, a painting, another photograph—and clicks the shutter. A photograph can also infringe by imitation. In such cases, the …

The Next Iteration Of Progressive Corporate Law, Matthew T. Bodie

Washington and Lee Law Review

No abstract provided.

Looking Back, Looking Forward: Personal Reflections On A Scholarly Career, David K. Millon

Washington and Lee Law Review

No abstract provided.

Reflecting On Three Decades Of Corporate Law Scholarship, Lyman P.Q. Johnson

Washington and Lee Law Review

No abstract provided.

A Meaningful Opportunity For Release: Resentencing Hearings For Juvenile Offenders Sentenced To Life Without Parole Following Aiken V. Byars, Robert M. Dudek

South Carolina Law Review

No abstract provided.

Introduction: Still In Search Of The Pro-Business Court, Jonathan H. Adler

Faculty Publications

Business and the Roberts Court was an effort to get beyond pure quantitative analysis and unpack the ways in which the Roberts Court is—and is not—pro-business. Among other things, the book highlighted how exogenous factors, including the increased specialization of the Supreme Court bar and broader political trends, have influenced the Supreme Court’s approach to business issues. The collected essays also unpacked the Court’s handling of specific types of cases in an effort to understand why it has ruled the way it does.

Business and the Roberts Court was not the last word on the Roberts Court’s approach to business …

The Political Process Argument For Overruling Quill, Edward A. Zelinsky

Articles

Should the U.S. Supreme Court overrule Quill Corporation v. North Dakota? In Quill, the Court held that, under the dormant Commerce Clause of the U.S. Constitution, the states cannot impose the obligation to collect sales taxes on out-of-state vendors which lack physical presence in the taxing state. As internet commerce has grown, Quill’s physical presence test has severely hampered the states’ ability to enforce their sales taxes.

Much of the Supreme Court’s case law suggests that, under the banner of stare decisis, the Court should not overturn Quill. This case law indicates that it is Congress’s …

How Many #Followers Do You Have?: Evaluating The Rise Of Social Media And Issues Concerning In Re Ctli’S Determination That Social Media Accounts Are Property Of The Estate, Patricia A. Leeson

Catholic University Law Review

With the rise of social media use, legal disputes have surfaced with litigants looking to the courts to determine issues of ownership and legal authority. As a matter of first impression, a U.S. Bankruptcy Court in Texas held that a Twitter and Facebook social media account were to be regarded as property of the estate pursuant to Section 541 of the Bankruptcy Code. The court analogized the social media accounts to subscriber lists because they provide valuable access to customers. Although the court addressed the question of whether social media applications are to be regarded as property in bankruptcy proceedings, …

Sec Reporting Requirements For Publicly Traded Companies Should Not Be Expanded Despite Advancements In Information Technology, Lindsey Kell

Duke Law & Technology Review

Advancements in information technology allow information to be collected and analyzed quickly within a corporation. As a result, technology also allows the quicker release of information to the Securities Exchange Commission (SEC)—much quicker than the Form 10-K and Form 10-Q releases that are currently required for publicly traded companies. Although publicly traded companies must also disclose certain significant events in Form 8-K, the reporting requirements for publicly traded companies are not nearly as expansive as they could be considering the easy access these companies have to their business information. Even with this in mind, the SEC is well into a …

Brief For Association Of Commerce & Industry As Amici Curiae, Beaudry V. Farmers Insurance Exchange, Et Al., Verónica C. Gonzales

Faculty Scholarship

Plaintiff-Appellee Craig Beaudry seeks to make New Mexico the sole jurisdiction in the nation in which the mere act of enforcing an arms-length contract against a breach- lawfully and in compliance with the contract's negotiated terms--can result in the enforcing party being liable under tort to pay compensatory and punitive damages to the breaching party. Affirming such a rule would upend long-established business principles and expectations; convolute fundamental distinctions between contract and tort law; materially invade and alter established bodies of substantive law in other areas; and create bad law and even worse policy for the people and businesses of …

Marijuana Regulation And Federalism, John M. Greabe

Law Faculty Scholarship

[Excerpt] "Federal law makes the cultivation and use of marijuana illegal for all purposes. Yet, over the past two decades, 28 states plus the District of Columbia have legalized marijuana for medicinal purposes, and eight states plus the District of Columbia have legalized it for recreational purposes. Marijuana regulation thus provides a useful and timely example for exploring the ways in which the distribution of power between the federal government and the states can facilitate policy change."