JOURNAL OF BUSINESS ENTREPRENEURSHIP & THE LAW
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From Old Spice to the Texas Law Hawk: How Inbound Marketing, Content Leadership and Social Media Can Level the Playing Field for Solo Practitioners

The advent of technological tools such as social media present the legal industry with the potential for both perilous liability and unparalleled rainmaking. However, the full potential of social media remains untapped in the legal field because the topic has yet to be fully integrated into a broader understanding of inbound marketing and content leadership. The current treatment of social media in the legal literature is uneven-it tends to disproportionately emphasize the potential liabilities over…
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No Need to Reinvent the Wheel: Why Existing Liability Law Does Not Need to Be Preemptively Altered to Cope with the Debut of the Driverless Car

First, in part I, this article seeks to explore the background of driverless vehicles, including their history, the technology involved, and general issues and potential problems that may arise from these vehicles entering the market. In part II, the article will discuss existing regulations already in place for autonomous driverless vehicles in both state and federal law. Part III will examine two proposals, those for additional laws, or for the adaptation of existing laws to…
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Islamic Financing: A Successful Takeoff or a Crash Landing? Whether or Not Islamic Financing Should Be Used to Finance and Lease Aircraft

As international air travel continues to increase, Islamic financing is a key option to consider in securing aviation financing. This paper begins with background information of the foundation of Islam. Then, it explains the applicable international treaties and their roles within Middle Eastern nations. Next, Islamic finance law is addressed, followed by Islamic aviation and leasing in general. Finally, this paper concludes with a case study of how these principles come into play in the…
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Burwell v. Hobby Lobby Stores, Inc.: Creating Power for Corporations at the Cost of Changing Women’s Lives

The Burwell v. Hobby Lobby decision has now opened the door for business corporations to be identified as “persons.” This type of identification allows for the corporations to be recognized in connection with a particular religious faith. This holding has enabled corporate entities to acquire more power than ever before. And giving this authority to corporations has led to opting out of the contraceptive mandate and thus further admonished the health care rights that are given…
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Survey of the Rights of Receiverships to Sell Real Property I Baruch Kreiman

The focus of this article is on the abilities of the receiver and the restrictions put on him regarding his management of the property-- specifically, whether the receiver has the ability to sell the land free and clear of all liens, and, if so, under what circumstances and by what method. Part II gives an overview of the article, discusses the structures of receivership statutes in various jurisdictions, and further discusses receivership sales. Part III…
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Judicial Treatment of California’s Anti-Deficiency Legislation Section 580b: Is it Effective? I Cole F. Morgan

Short sales of real property represent approximately a quarter of all homeowner transactions. Recently, short sales passed foreclosures as the preferred method in home sales due to the ease of sale. Coker v. JP Morgan Chase Bank, N.A., has ruled lenders of a purchase-money mortgage may not pursue a deficiency judgment after the short sale of a home. Essentially, this means after the sale is completed and the lender has obtained the proceeds from the…
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No Pay, No Gain? The Plus Side of Unpaid Internships I Chad A. Pasternack

Recent cases out of the Southern District of New York have shined a spotlight on the phenomenon that is the unpaid internship with for-profit companies. These rulings, awaiting scrutiny by the Second Circuit, have opened the floodgates for countless interns to challenge their “employers” for the minimum wage they may be owed under the Fair Labor Standards Act (FLSA). This article examines the evolution of testing for employment under the FLSA, which varies greatly among…
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Assessing Irving Picard’s Writ of Certiorari in Picard v. JP Morgan Chase: Another Chapter in the Saga of Bernie Madoff and His Impact on the Securities Industry I Bryce Cullinane

An objective analysis of Picard's writ shows the Second Circuit should be affirmed. Picard's arguments are long on emotional appeal and customer-centric public policy but short on the law. The Second Circuit decision is in line with the intent of Congress. Furthermore, adopting Picard's interpretation would raise many issues and create many problems in the financial services industry. Part II of this note provides background on SIPA and the Securities Investor Protection Corporation (SIPC), as…
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Deranged Disgorgement I James Tyler Kirk

This article seeks to explore the concept of equity embodied in the securities laws as intended by Congress. Accordingly, this article asks whether Congress intended to codify the traditional common law notions of equity in disgorgement, or is the SEC's disgorgement sui generis. To answer this question, the philosophy behind disgorgement is exhaustively fleshed out through a historical case analysis. Next, the article establishes what the author believes to be a new concept, the theory…
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