JOURNAL OF BUSINESS ENTREPRENEURSHIP & THE LAW
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Grave Consequences for Economic Liberty: The Funeral Industry’s Protectionist Occupational Licensing Scheme, the Circuit Split, and Why It Matters | Author: Lana Harfoush

Grave Consequences for Economic Liberty: The Funeral Industry’s Protectionist Occupational Licensing Scheme, the Circuit Split, and Why It Matters | Author: Lana Harfoush

This article examines a current circuit split regarding the constitutionality of restrictive occupational licensing schemes that exist only for protectionist purposes. The Sixth Circuit in Craigmiles v. Giles and the Tenth Circuit case Powers v. Harris, are cases that revolve around similar facts but reach opposite outcomes. The two cases profile state funeral industry licensing restrictions. In both cases, the plaintiffs were penalized for selling caskets without state-issued licenses. Though licensing restrictions in the funeral…
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Violence is Never the Answer, Or Is It? Constitutionality of California’s Violent Video Game Regulation | Author: Laura Black

Violence is Never the Answer, Or Is It? Constitutionality of California’s Violent Video Game Regulation | Author: Laura Black

In 2011, the United States Supreme Court ruled that the California law proscribing the sale of violent video games to minors violated the First Amendment and was, therefore, unconstitutional. Because this is the first video game case to be heard by the Supreme Court, the decision marked a significant milestone for the video game and entertainment industries. The beginning of this note will review the history leading up to the passage of the law as…
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A New Look for the Fashion Industry: Redesigning Copyright Law with the Innovative Design Protection and Piracy Protection Act (IDPPPA) | Author: Brittany West

A New Look for the Fashion Industry: Redesigning Copyright Law with the Innovative Design Protection and Piracy Protection Act (IDPPPA) | Author: Brittany West

Introduced in Congress in August 2010, the Innovative Design Protection and Piracy Prevention Act (IDPPPA) would amend 17 U.S.C. § 1301 to extend copyright protection to unique, distinguishable, non-trivial, and non-utilitarian fashion designs. The fashion industry in the United States is currently a $200 billion industry which is afforded limited intellectual property protection compared to foreign markets. This article explores the applicability of the existing Copyright Act to fashion designs and argues that the IDPPPA…
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It Looks Like a Sale; It Quacks Like a Sale…But It’s Not? An Argument for the Application of the Duck Test in a Digital First Sale Doctrine | Author: Matthew J. Turchyn

It Looks Like a Sale; It Quacks Like a Sale…But It’s Not? An Argument for the Application of the Duck Test in a Digital First Sale Doctrine | Author: Matthew J. Turchyn

Until recently, a trend was developing across several circuits that favored a digital First Sale Doctrine for software. In September 2010, the Ninth Circuit dealt a serious blow to this movement when it issued its decision in Vernor v. Autodesk, Inc. This decision calls for a strict constructionist approach to the interpretation of software licensing agreements. A right of resale that would be protected under the First Sale Doctrine in a different medium, such as…
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Both a License and a Sale: How to Reconcile Self-Replicating Technology with Patent Exhaustion | Author: Douglas Fretty

Both a License and a Sale: How to Reconcile Self-Replicating Technology with Patent Exhaustion | Author: Douglas Fretty

Too many authorities view the transfer of patented self-replicating technology (SRT) as either a pure license or a pure sale. If a pure license exists, the patentee can impose post-transfer restrictions on the product's use, frustrating the policy goals of limited monopoly and free alienability of chattels. If a pure sale is triggered, however, the patentee loses all rights through patent exhaustion, allowing the purchaser to replicate the chattel at will. Sensitive to this latter…
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The Inherent Instability of the Financial System | Author: Kim de Glossop

The Inherent Instability of the Financial System | Author: Kim de Glossop

The article explores one of the causes of the financial crisis of 2008 and of financial crises generally. The argument of the paper is that rather than tend toward equilibrium, financial and asset markets have a tendency to become unstable after prolonged periods of stability. The main driver of this process is the expansion of credit. Debt feeds its way into higher asset prices which in turn justify the accumulation of more debt to purchase…
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Managing the Impact of New Media on the Employment Relationship | Authors: Susan A. O’Sullivan-Gavin and John H. Shannon

Managing the Impact of New Media on the Employment Relationship | Authors: Susan A. O’Sullivan-Gavin and John H. Shannon

Attention to privacy issues in the workplace has increased over the past two decades as use of electronic mail and text messages has made these means of communication commonplace. Beyond text messages and emails, employees can access the internet at their place of employment at many different entry points. This access can be through company issued desktops or laptops, mobile phones, mobile internet devices (MIDs), Smartphone technology (photography; video and voice recording capabilities; file transfer…
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Reforming Executive Compensation: What Do We Know and Where Do We Go? | Author: Priyanka Rajagopalan

Reforming Executive Compensation: What Do We Know and Where Do We Go? | Author: Priyanka Rajagopalan

In this Article, I study a fascinating problem - what are the legal, political and economic implications of regulating executive bonuses? While the Administration's recent consideration of proposals to tax bonuses of AIG executives has sparked a great deal of media speculation and attention, there has been little legal scholarship discussing the various possible consequences of this and other methods of regulating executive compensation. Especially given the growing interest in executive compensation and the possible…
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“You Had Me At Hello” or “Let Them Go?”: Law Firm Selection, Retention, and Defection in the Investment Banking Industry | Author: Karl D. Shehu

“You Had Me At Hello” or “Let Them Go?”: Law Firm Selection, Retention, and Defection in the Investment Banking Industry | Author: Karl D. Shehu

Drawing upon the theoretical concepts of reputation and social networking, this article's main objective is to assess how investment banks choose external law firms. Using qualitative methods, I show that investment banks, to varying degrees, rely on internal counsel, procurement specialists, and boards of directors to decide which firm to select. When choosing a specific law firm for the first time, corporate decision-makers are likely to evaluate law firms based on intangible factors like reputation…
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Measuring Intellectual Property ‘Strength’ and Effects: An Assessment of Patent Scoring Systems and Causality | Author: W. Lesser

Measuring Intellectual Property ‘Strength’ and Effects: An Assessment of Patent Scoring Systems and Causality | Author: W. Lesser

Intellectual property rights legislation, and particularly patent law, is roundly supported as well as condemned across the globe. The adoption of the Trade- Related Aspects of Intellectual Property Rights (TRIPS) agreement in the 1990s both expanded the scope of minimal protection as well as the controversy. One factor contributing to the strength and disparity of those opinions is the limited evidence of its actual economic effects. A central and unresolved issue is the question if…
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