JOURNAL OF BUSINESS ENTREPRENEURSHIP & THE LAW
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Direct Listing: How Spotify Is Streaming On The NYSE And Why The SEC Should Press Play

Direct Listing: How Spotify Is Streaming On The NYSE And Why The SEC Should Press Play

This Note proposes that given Spotify’s successful launch on theNYSE, direct listings will become increasingly popular—primarily for start-ups but also as an exit strategy for VC and PE firms in their nonpublic investments. PartII of this Note will discuss the process of “going public”via anIPO or a direct listing. PartIII will use Spotify as an illustrative example of the direct listing process. PartIV will consider the advantages and disadvantages of direct listing. PartV will conclude…
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American Oligarchy: How The Enfeebling of Antitrust Law Corrodes the Republic

American Oligarchy: How The Enfeebling of Antitrust Law Corrodes the Republic

In this note, I will argue that the current antitrust framework is misguided and based on erroneous legal and economic theories originating from the Chicago School.I will argue that the neoclassical approach is not only wrong when examining the legislative intent of Congress but is also in contravention with the policy goals and foundational principles of antitrust law. Furthermore, I will argue that the Chicago School’s narrow, outcome-based view of antitrust is ill-equipped to deal…
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Marijuana’s Continuing Illegality and Investors’ Securities Fraud Problem: The Doctrines of Unclean Hands and In Pari Delicto

Marijuana’s Continuing Illegality and Investors’ Securities Fraud Problem: The Doctrines of Unclean Hands and In Pari Delicto

Marijuana-related businesses have blossomed into an industry with an estimated total market value of $7.2 billion in 2016, with annual growth projected at 17%. Industry surveys report that 62% of marijuana-related businesses have offered equity stakes to investors and approximately one-half of marijuana-related businesses planned to actively seek investment funding in 2017. Along with the investment opportunity comes heightened fraud risk, with regulators cautioning investors against investment due to the lack of accurate and publicly-available…
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Sabotage by Cabotage: The Jones Act’s Attack on U.S. Energy

Sabotage by Cabotage: The Jones Act’s Attack on U.S. Energy

This article will explore the ramifications that the Jones Act has on those other crucial areas of the U.S. economy, specifically looking at the U.S. energy market and analyzing how the Jones Act’s interplay with the domestic energy transportation market has been affected.Because of the substantial burden the Jones Act places on the shipping of natural resources, the U.S. energy market has been hindered, as this law continues to adversely impact both U.S. consumers and…
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Getting What You Bargained for: Avoiding Legal Uncertainty in Survival Clauses for a Seller’s Representations and Warranties in M&A Purchase Agreements

Getting What You Bargained for: Avoiding Legal Uncertainty in Survival Clauses for a Seller’s Representations and Warranties in M&A Purchase Agreements

This note will examine the variables that effect the way that courts may limit parties’ contractual freedom to shorten or lengthen statutes of limitation. It will describe the legal levers that determine the applicable survival period and suggest ways that parties can reduce legal uncertainty around the “basket” of provisions including reps, warranties, survival, and indemnification periods. One key detail examined by this note is “borrowing statutes”that could operate to import another state’s controlling statute.…
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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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