JOURNAL OF BUSINESS ENTREPRENEURSHIP & THE LAW
twitterfacebooklinkedinrss

Blog

Rural Banking: Designing an Effective Legal Framework for Microfinance | Author: Ian Davis

Rural Banking: Designing an Effective Legal Framework for Microfinance | Author: Ian Davis

Approximately 1.2 billion people live in extreme poverty, surviving on less than $1 per day. In emerging markets, commercial banks generally serve only ten to twenty percent of the population, excluding eighty to ninety percent of the population from the formal financial sector. Many in this "un-banked" population could benefit from access to financial services. In most developing countries, rural financial markets are based partially on a foundation of law and partially on a non-legal…
read more →
Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007): Faithful to Title VII or Blind to Sex Discrimination? | Author: Garrett M. Fahy

Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007): Faithful to Title VII or Blind to Sex Discrimination? | Author: Garrett M. Fahy

In 1979, Lilly Ledbetter went to work for the Goodyear Tire and Rubber Company in Gadsden, Alabama. Nineteen years later she retired and sued Goodyear for sex discrimination under Title VII of the 1964 Civil Rights Act (“Title VII”), alleging that Goodyear wrongly paid her less than some of her male counterparts on account of her sex. A jury agreed with her and awarded her over $200,000 in back pay and mental anguish damages, and…
read more →
The Development of the Commercial Judicial System in Uganda: A Study of the Commercial Court Division, High Court of Uganda | Author: Geoffrey Kiryabwire

The Development of the Commercial Judicial System in Uganda: A Study of the Commercial Court Division, High Court of Uganda | Author: Geoffrey Kiryabwire

The current trend, as part of the process of judicial reform taking place in many jurisdictions, is to create specialized divisions that can deal more specifically with these subjects, hence the establishment of Commercial Courts to deal with commercial disputes. Divisions of the High Court in Uganda now include the civil division, criminal division, commercial court division, family division, land division, anti-corruption court division, and war crimes division. Download Full Article
read more →
Unnecessary Reform: The Fallacies With and Alternatives to SEC Regulation of Hedge Funds | Author: Evan M. Gilbert

Unnecessary Reform: The Fallacies With and Alternatives to SEC Regulation of Hedge Funds | Author: Evan M. Gilbert

Today, with recent estimates indicating that well over 9,000 funds are managing more than $1.4 trillion in assets, hedge funds seem to have solidified themselves as one of the most significant players in our financial system. The industry's tremendous growth, however, has rendered it the target of some substantial criticism. A number of commentators have begun to question the soundness of exempting hedge funds from the regulatory oversights of federal securities laws. With some going…
read more →
Eliminating the Executive Overcompensation Problem: How the SEC and Congress Have Failed and Why the Shareholders Can Prevail | Author: Blake H. Crawford

Eliminating the Executive Overcompensation Problem: How the SEC and Congress Have Failed and Why the Shareholders Can Prevail | Author: Blake H. Crawford

How much are you worth? Employers ask that question before offering employment to potential employees. Investors ask that before deciding to invest their assets and savings in the market. The boards of directors for public corporations ask that before approving compensation packages for company executives. . . or do they? Is it not true that the directors of the corporation should ask that question and engage in detailed cost benefit analysis to fulfill their duties…
read more →
Market-Based Prediction Models as an Aid to Litigation Strategy and Settlement Negotiations | Author: Kris Steckman

Market-Based Prediction Models as an Aid to Litigation Strategy and Settlement Negotiations | Author: Kris Steckman

In his recent book, “Litigation is War,” Fredrick L. Whitmer suggests effective advocacy in litigation mirrors many tactics common in strategic military preparation. On a battlefield or in a courtroom, quantifying the likelihood of uncertainties that may hinder or facilitate a particular line of attack will provide an advantage to the party holding such information. Consider this scenario: you are a plaintiff bringing suit against a corporation for ten million dollars, your trial starts in…
read more →
Piracy by Plastic: Why the Ninth Circuit Should Have Held Credit Cards Liable for Secondary Copyright Infringement | Author: Jonathan Lee

Piracy by Plastic: Why the Ninth Circuit Should Have Held Credit Cards Liable for Secondary Copyright Infringement | Author: Jonathan Lee

This case note discusses the origins, reasoning, and impact of the Perfect 10 decision. It argues that the Ninth Circuit’s analysis of Perfect 10 was based on flawed reasoning and misapplication of precedent, thereby creating an erroneous decision inconsistent with the law. Part II summarizes United States copyright law, the Digital Millennium Copyright Act, contributory copyright infringement, and vicarious copyright infringement. Part III describes the relevant facts of Perfect 10 as well as its technological…
read more →
“The Subprime Crisis: Why One Bad Turn Leads to Another” at Pepperdine University School of Law | Author: Richard A. Epstein

“The Subprime Crisis: Why One Bad Turn Leads to Another” at Pepperdine University School of Law | Author: Richard A. Epstein

The subprime crisis has migrated from the inside pages of the business section to the front page. Indeed, it is precisely because the topic has received such nonstop publicity that it is necessary to return to fundamentals to understand the origins of the crisis and some possible ways to mitigate its harsh effects, many of which are regrettably beyond recall. In this connection, I often think back to Casablanca. It is fun to talk about…
read more →
Implication of U.S. Venture Capital Theories for the Korean Venture Ecosystem | Author: Kab Lae Kim

Implication of U.S. Venture Capital Theories for the Korean Venture Ecosystem | Author: Kab Lae Kim

This study comprehensively analyzes both the implicit contract theory and the venture capital cycle theory. Using the U.S. venture capital theories as the framework, this study diagnoses the fundamental problem of the Korean venture policy. Ultimately, this study suggests a market-friendly venture promotion policy based on private ordering among market players and a virtuous cycle of venture capital supported by active IPO markets. Download Full Article
read more →
The Unsuitability of the “Suitability Rule”: Why FINRA’s Current Interpretation of Conduct Rule 2310 Undermines Investor “Holding Claim” Entitlements in Contemporary Markets | Authors: Laurence A. Steckman and Robert E. Conner

The Unsuitability of the “Suitability Rule”: Why FINRA’s Current Interpretation of Conduct Rule 2310 Undermines Investor “Holding Claim” Entitlements in Contemporary Markets | Authors: Laurence A. Steckman and Robert E. Conner

This article's thesis is that FINRA Conduct Rule 2310, FINRA's “suitability rule,” should be interpreted to govern all broker-customer communications that constitute non-trivial investment advice regarding portfolio composition, not just buy, sell or exchange communications, per current interpretation (the “BSE Interpretation”). Because acting on advice to hold a security (a “Holding Claim”) can affect risk just as significantly as a recommendation to buy, sell or exchange one, the BSE Interpretation leaves a large body of…
read more →