JOURNAL OF BUSINESS ENTREPRENEURSHIP & THE LAW
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Preserving Human Capital: Using the Noncompete Agreement to Achieve Competitive Advantage | Author: Griffin Toronjo Pivateau

Preserving Human Capital: Using the Noncompete Agreement to Achieve Competitive Advantage | Author: Griffin Toronjo Pivateau

Organizations today face numerous challenges: worldwide competitors, changes in information technology, increased reliance on knowledgeable workers, and a shifting economic environment. In the face of this altered business climate, competitive advantage – a compelling reason to do business with an organization—is more vital than ever. In response to new pressures, companies have been forced to modify internal structures, adopt new processes, and embrace fundamental changes to the nature of their business. These changes have created…
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When Scientific Palmers Make Policy: The Impact and Future of Cap-and-Trade in the United States | Author: Sophia Hamilton

When Scientific Palmers Make Policy: The Impact and Future of Cap-and-Trade in the United States | Author: Sophia Hamilton

The political debate over climate change has over the past several years grown from a murmur to a raging cacophony in the United States, and it now appears to be simmering just below the surface. This debate has centered on the existence and cause of climate change, a term that has become nearly synonymous with the term “global warming” in American politics, and on the manner in which this change can be stopped if it…
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No More Format Disputes: Are Reality Television Formats the Proper Subject of Federal Copyright Protection? | Author: Jessica E. Bergman

No More Format Disputes: Are Reality Television Formats the Proper Subject of Federal Copyright Protection? | Author: Jessica E. Bergman

This article will explore the applicability of the Copyright Act to reality television formats and the potential ramifications of identifying such formats as protectable expression. This comment will argue that formats are not the expressive element of a reality television program and, therefore, that granting copyright protection is improper. Part II introduces the concept of the idea-expression dichotomy, presents the legal standards for copyright infringement claims, and discusses the topic of formats within the framework…
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Notice: Albums Are Dead – Sell Singles | Author: Brian P. Nestor

Notice: Albums Are Dead – Sell Singles | Author: Brian P. Nestor

Remember the character Tevye from the production “Fiddler on the Roof”? One of Tevye’s most famous lines is “Traditions, Traditions (sic). Without our traditions our lives would be as shaky as . . . as . . . as a fiddler on the roof!” This is the motto the major record labels have committed themselves to for decades. The major record labels unwaveringly committed themselves to the tradition that profits in the music industry were…
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Third and Extremely Long: Why the Elimination of the BCS Seems All But Impossible | Author: Brad Taconi

Third and Extremely Long: Why the Elimination of the BCS Seems All But Impossible | Author: Brad Taconi

On January 8, 2009, the University of Florida Gators defeated the University of Oklahoma Sooners in Miami, Florida to win the Bowl Championship Series (“BCS”) Championship Game. As a result of their victory, the Gators were named the Associated Press National Champions after capturing forty eight out of a possible sixty five first place votes. The win on the football field gave the Gators their second national championship in three seasons, but it also reignited…
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The Quest for Financial Regulatory Reform: Will a Uniform Fiduciary Standard Guide the Way? | Author: Bonnie M. Treichel

The Quest for Financial Regulatory Reform: Will a Uniform Fiduciary Standard Guide the Way? | Author: Bonnie M. Treichel

In 2008, the United States economy plummeted, catching the attention of every American, creating widespread distrust in the financial markets, generating long-lasting consequences in all industries, and threatening the retirement plans of grandparents, parents, and future generations. While the financial crisis of 2008 reminded older generations of the Great Depression during the 1930s, younger generations soon understood the turmoil and fear that was generated by financial crisis. Immediately charged with the quest of financial reform,…
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Renewing Healthy Competition: Compulsory Licenses and Why Abuses of the TRIPS Article 31 Standards Are Most Damaging to the United States Healthcare Industry | Author: Jon Matthews

Renewing Healthy Competition: Compulsory Licenses and Why Abuses of the TRIPS Article 31 Standards Are Most Damaging to the United States Healthcare Industry | Author: Jon Matthews

Imagine you are the owner of a large pharmaceutical company in the United States. You have spent enormous amounts of money and time in developing a new and useful drug. Patent ownership provides protection for your business so that as your company grows, you have more money to invest in research and development of new drugs. To your surprise, you find that you are slowly losing control of your patent because you are being forced…
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Creating a Workable Legal Standard for Defining an Independent Contractor | Authors: Karen R. Harned, Georgine M. Kryda, and Elizabeth A. Milito

Creating a Workable Legal Standard for Defining an Independent Contractor | Authors: Karen R. Harned, Georgine M. Kryda, and Elizabeth A. Milito

Determining whether a particular worker should be classified as an employee or an independent contractor currently depends heavily upon the specific circumstances of employment. Although current legal approaches are meant to be flexible, the open-endedness of the current tests means that many business owners struggle with fitting their employees into the proper categories. A business that misclassifies employees, whether in good faith or on purpose, will face expensive penalties. In 2007, the state of California…
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International Media Pirates: Are They Making the Entertainment Industry Walk the Plank? | Author: Lavonne Burke

International Media Pirates: Are They Making the Entertainment Industry Walk the Plank? | Author: Lavonne Burke

It is estimated that annually more than $20 billion in copyrighted movies, music, and other entertainment is lost to global piracy networks that are tolerated or encouraged by countries like China, Russia, India, and even Canada. The rate of digital media piracy is so prevalent in today’s society that entertainment industry insiders estimate that only one in three music CDs and about one in twenty music downloads are sold legitimately worldwide. In 2002, the Motion…
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And Justice For . . . : An Analysis of Digital Music, Fair Use and Audience Rights | Author: Christopher Cunico

And Justice For . . . : An Analysis of Digital Music, Fair Use and Audience Rights | Author: Christopher Cunico

This paper explores two major themes and what role they play in the current musical environment, specifically within the context of user-distributed content. I argue that the A&M Records, Inc. v. Napster, Inc. injunctions rested on flawed assumptions that mischaracterized fair use as it applies to user-distributed content.12 In addition, copyright holders’ rights to exclude run counter to the equities of fair use in this application, and that the musical audience possesses rights that the…
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