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Volume 1 – Issues 1 & 2

Playboy, Contact Lenses, and Trademark Infringement: An Analysis of Possible Claims as a Result of Pop-Up Advertisements | Author: Ashley A. Locke

Playboy, Contact Lenses, and Trademark Infringement: An Analysis of Possible Claims as a Result of Pop-Up Advertisements | Author: Ashley A. Locke

In Playboy Enterprises, Inc. v. Netscape Communications, Corp., 354 F.3d 1020 (9th Cir. 2004), the Ninth Circuit Court of Appeals reversed the district court's summary judgment in favor of Netscape Communications, Corp. The Ninth Circuit held that there existed issues of fact as to (1) whether Netscape's practice of keying created a likelihood of initial interest confusion and (2) whether Netscape's practice diluted the owner's marks. Although the Ninth Circuit remanded Playboy Enterprises, conflicting decisions…
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A Look at the Globalization of the Exchanges and Its Effects on the United States Market Through an Analysis of the NYSE and Euronext Merger | Author: Christopher Osborne

A Look at the Globalization of the Exchanges and Its Effects on the United States Market Through an Analysis of the NYSE and Euronext Merger | Author: Christopher Osborne

The merger of the New York Stock Exchange Group and Euronext NV will create the first true global stock exchange entity spanning a network of five countries and twelve exchanges. The NYSE Group has also been in communication about cooperation, and even possible integration, with Borsa Italiana, the National Stock Exchange of India, and the Tokyo Stock Exchange. Many of the world's exchanges are eager to consolidate, but not as a subordinate since many exchanges…
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A New Form of Business Entity Is Needed to Promote Social Entrepreneurship: The Not-for-Loss Corporation | Author: Jay Milbrandt

A New Form of Business Entity Is Needed to Promote Social Entrepreneurship: The Not-for-Loss Corporation | Author: Jay Milbrandt

Philanthropy frequented the headlines in 2006. The personal fortunes of high-profile individuals, such as Warren Buffet, Bill and Melinda Gates, and Richard Branson, became the engines of social change. Social entrepreneurship gained serious commercial focus, with awards like the X Prize recognizing social and scientific achievement and corporations like Google dedicating resources to eradicating poverty, stopping climate change and eliminating world hunger. A trend points to a correlation between business and social change. As this…
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The Momentum, Motive, and Mouse-Kapades of the Majority Vote Movement | Author: Jay Razzouk

The Momentum, Motive, and Mouse-Kapades of the Majority Vote Movement | Author: Jay Razzouk

The Walt Disney Company's annual shareholder meeting on March 3, 2004 was anything but a Cinderella tale. Roy E. Disney and Stanley Gold, both ex-directors of Disney and one a nephew of Walt Disney himself, had rallied thousands of shareholders to challenge the incumbent board of directors. The stakes were high. Michael Eisner, the chairman and chief executive officer, faced losing his title as chairman—if not more. Although foretold by the Wall Street Journal the…
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Corporate Lawyers After the Big Quake: The Conceptual Fault Line in the Professional Duty of Confidentiality | Author: Thomas G. Bost

Corporate Lawyers After the Big Quake: The Conceptual Fault Line in the Professional Duty of Confidentiality | Author: Thomas G. Bost

As most observers of the American legal scene are aware, the past four years or so have witnessed a convulsion and consequent seismic shift in the roles, duties, expectations, and liabilities of corporate lawyers. This upheaval in the standards of mandated lawyer responsibility is the result of the commonly-held perception that lawyers have failed to adequately guard investors from the devastation that accompanied the great corporate scandals of the recent past. Lawyer reform came first…
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“Revolution Through Social Enterprise” at the Graziadio Executive Center at Pepperdine University | Symposium Article

“Revolution Through Social Enterprise” at the Graziadio Executive Center at Pepperdine University | Symposium Article

Clam Lorenz: "First of all, thank you all for having us and for inviting me and MissionFish to be a part of this. I think what I'll do is break the question up and give everyone else a chance to chime in. When I think of corporate social responsibility—and there are a ton of definitions out there—to me, it boils down to, what do we as a society expect of our businesses, what do we…
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Financial Considerations When Owning and Selling a Business | Author: David G. Adishian

Financial Considerations When Owning and Selling a Business | Author: David G. Adishian

When clients tell me they would like to start a business, they are often surprised when I ask them if they have also considered a plan for when they decide to sell it. This line of thinking is typical among most business owners who assume that eventually they will be able to sell their business for a significant profit. However, these new owners get so caught up in growing the business that they do not…
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The Integrative Market Hypothesis for Stock Market Fluctuations | Authors: Janet Kerr & Alessandro Casati

The Integrative Market Hypothesis for Stock Market Fluctuations | Authors: Janet Kerr & Alessandro Casati

This article provides a new understanding of stock market price fluctuations, applying the concepts of quantum physics. This new approach challenges traditional theories of stock price movement, such as Random Walk, finding them antiquated and incomplete. The paper compares the stock price fluctuations to the quantum movement of particles. Specifically, the movement of stock prices on the NASDAQ index is fitted to a curve derived from Planck's equation for black body radiation. The market is…
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Baby Boomers’ and the Branding of Political Speech: An Unintended Consequence of Bono’s Red Campaign | Author: Robert Koulish

Baby Boomers’ and the Branding of Political Speech: An Unintended Consequence of Bono’s Red Campaign | Author: Robert Koulish

This article analyzes the free speech right of commercial advertisers as it pertains to a fairly recent phenomenon of corporations branding themselves with social causes. This CRM phenomenon presents a challenge for commercial speech, and raises questions about the government being able to regulate speech that combines socially aware messages within commercial marketing campaigns. The key issue examined in the article is whether commercial speech ought to remain a salient discourse distinct from political speech.…
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Codes of Ethics and State Fiduciary Duties: Where is the Line? | Author:  Z. Jill Barclift

Codes of Ethics and State Fiduciary Duties: Where is the Line? | Author: Z. Jill Barclift

The important function of disclosure under federal securities laws and regulations, and the role of management in running the affairs of the corporation consistent with state fiduciary principles have a history of discord.  The recent mandates of the Sarbanes-Oxley Act (“SOX Act” or “SOX”), and the Security and Exchange Commission's (“SEC”) implementing regulations continue to increase the disclosure obligations of public companies.  These disclosure obligations include more in-depth financial reports, certification of financial reports by…
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