JOURNAL OF BUSINESS ENTREPRENEURSHIP & THE LAW
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The European Aspects of Global Financial Developments

The European Aspects of Global Financial Developments

What is the position of Europe—and specifically the European Union (EU)—on the world map of global finances in 2017? This comment seeks to answer this question by focusing on three key issues. First, it analyzes Europe’s post-2008 bank bailouts, its sector-wide rescue packages, and its consequential sovereign-debt crisis. Second, it considers the role of the international credit rating agencies and asks why Europe does not have a large rating agency of its own. Third, it…
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Steering (or Not) Through the Social and Legal Implications of Autonomous Vehicles

Steering (or Not) Through the Social and Legal Implications of Autonomous Vehicles

The National Safety Council estimated 38,300 people were killed on U.S. roads in 2015, and 4.4 million were seriously injured.  This marks the deadliest driving year since 2008, with an 8% increase in vehicle fatalities from 2014 to 2015.  Aside from the obvious emotional cost of these deaths to society, the NSC calculated that wage and productivity losses, medical expenses, administrative expenses, employer costs and property damage amounted to $412.1 billion.   This Comment will take a survey-style approach to analyzing the…
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The Rise of Artificial Intelligence in the Legal Field: Where We Are and Where We Are Going

The Rise of Artificial Intelligence in the Legal Field: Where We Are and Where We Are Going

The twenty-first century has brought significant technological advancement that permeates all aspects of our lives. The legal field, though slow in the adaption of this technology, is beginning to pick up the pace. Artificial Intelligence (AI) technology is used now to perform legal work once completed solely by legal practitioners. This Comment outlines what AI is and reviews the current use of AI in the legal field. It also identifies AI products and developments that…
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Entire Fairness: A Call to Preserve Delaware Doctrine

Entire Fairness: A Call to Preserve Delaware Doctrine

Appraisal arbitrage is on the rise. Institutional investors—namely, hedge funds—buy into target companies after their merger announcements and bet on the price. By purposely taking a minority position, these funds proceed to courts to obtain what they otherwise could not in the market: a “fair value.” Where there is no allegation of wrongdoing or injury, these plaintiffs nonetheless successfully divert deal value away from business combinations. Based on a misunderstood statute, appraisal arbitrage has exploded…
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The Oil & Gas Industry: Failing to Properly Regulate Hydraulic Fracturing & Placing Profits Over Safety

The Oil & Gas Industry: Failing to Properly Regulate Hydraulic Fracturing & Placing Profits Over Safety

This Note will evaluate the regulations and environmental implications surrounding hydraulic fracturing, or “fracking,” on state, federal, and Indian lands, focusing on the recent and still undecided case of Wyoming v. United States Dep’t of the Interior. Additionally, it will address the regulatory gap in federal regulations governing hydraulic fracturing, the current issues the industry faces, and advocate for a more stringent set of regulations that ought to be applied on a uniform basis throughout…
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Definite Indefiniteness of “Molecular Weight” as a Claim Term for Polymer-Related Patents

Definite Indefiniteness of “Molecular Weight” as a Claim Term for Polymer-Related Patents

The molecular weight of a polymer is not just a number for a single molecule. In fact, molecular weight measurement is based on a large volume of molecules of the same polymer. Due to the non-uniformity of molecular weights, there are several methods to measure an “average molecular weight” of a polymer. Unfortunately, the Federal Circuit in Teva Pharms. USA, Inc. v. Sandoz, Inc., 789 F.3d 1335 (Fed. Cir. 2015), held that the term “molecular…
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Convergence and Divergence Between International Investments Law and Human Rights Law, in the Context of the Greek Sovereign Debt Restructuring

Convergence and Divergence Between International Investments Law and Human Rights Law, in the Context of the Greek Sovereign Debt Restructuring

International investment law developed separately from and was, for a long period, perceived as incompatible with human rights law. Despite the tendency to distinguish the evolution of these two fields of international law, however, they are not completely dissimilar. Inter alia, they both aim to safeguard investors’ rights to property, to promote respect for due process, and to address the undisputed position of power of the state against the individual. In situations of sovereign default,…
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A New Deal for Europe? The Commerce Clause as the Solution to Tax Discrimination and Double Taxation in the European Union

A New Deal for Europe? The Commerce Clause as the Solution to Tax Discrimination and Double Taxation in the European Union

The decision by the European Court of Justice in Kerckhaert-Morres, allowing double taxation of the same income, led to stagnation in the European internal market.  Over the past thirteen years, reservation of competences to member states has created tension between the European Community's goal of a common internal market and the goal to eliminate double taxation. Download Full Article Here
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Mapping LegalZoom’s Disruptive Innovation

Mapping LegalZoom’s Disruptive Innovation

American facing legal problems have two choices when it comes to legal representation.  They can hire a lawyer, or they can represent themselves–informally, in situations outside of court, or formally, as pro se litigants, in court.  This right is constitutionally protected in criminal cases and is almost universally recognized in typical civil matters.  Traditionally, those representing themselves had few options for assistance.  They could turn to the informal advice of "neighbors, friends, co-workers, religious advisors,…
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Consent Decrees in the Streaming Era: Digital Withdrawal, Fractional Licensing, and § 114(I)

Consent Decrees in the Streaming Era: Digital Withdrawal, Fractional Licensing, and § 114(I)

Clear disagreement exists about how best to reconcile the copyright protections afforded to songwriters with the antitrust considerations protecting consumers. Songwriter public performance royalty collections account for over $2 billion in annual U.S. revenue, roughly 90% of which is collected by the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI). ASCAP and BMI are performance rights organizations (PROs) regulated by seventy-five-year-old consent decrees. After the Second Circuit determined that these…
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