JOURNAL OF BUSINESS ENTREPRENEURSHIP & THE LAW
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Volume 10 – Issues 1 & 2

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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Discretion to Act: How the Federal Reserve’s Decisions Whether to Provide Emergency Loans During the Financial Crisis Were Discretionary and Why Dodd-Frank Falls Short of Preventing Future Bailouts

Discretion to Act: How the Federal Reserve’s Decisions Whether to Provide Emergency Loans During the Financial Crisis Were Discretionary and Why Dodd-Frank Falls Short of Preventing Future Bailouts

The housing market crash of 2007–2008 threatened to cause the collapse of the United States and global economies. By early 2008, Bear Stearns, Lehman Brothers, and American International Group all faced the strong possibility of bankruptcy absent government intervention. The Federal Reserve Board of Governors activated its emergency lending powers pursuant to Section 13(3) of the Federal Reserve Act to “bail out” Bear Stearns and American International Group, but elected to let Lehman Brothers fail.…
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Let the State Decide: The Efficient Antitrust Enforcer and the Avoidance of Anticompetitive Remedies

Let the State Decide: The Efficient Antitrust Enforcer and the Avoidance of Anticompetitive Remedies

If the antitrust remedy a private party pursues would likely have anticompetitive consequences, would only the government constitute an efficient enforcer of the antitrust laws? Imagine that a plaintiff sues for a remedy so large that the award of the remedy would meaningfully increase market concentration by sending the defendants into bankruptcy. Is such a plaintiff an efficient enforcer of the antitrust laws? Should courts hold that in this situation only the government should be…
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Film Piracy: Surfing the Internet for Free Content Provides Little Bounty for the Collective Economy

Film Piracy: Surfing the Internet for Free Content Provides Little Bounty for the Collective Economy

This Note focuses on the protection of a copyright holder against infringement in the form of film piracy. It centers on the recent litigation surrounding Dallas Buyers Club, a biographical film articulating the life and events surrounding an AIDS patient, diagnosed in the mid-1980s, who pursued experimental treatments by smuggling pharmaceuticals into the United States. In 2013, more than 4,700 Australian Internet users allegedly downloaded the film within the span of one month. In August…
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A Tale of Tulips: A Counterpoint to Courts Codifying Collectibles

A Tale of Tulips: A Counterpoint to Courts Codifying Collectibles

The goal of this Note is to educate the courts and public of the patent inconsistencies and latent implications of judicial interference in the art and collectibles market, as prosecutors, judges, and the public risk unraveling the delicate fabric of its legal and economic framework. Part II of the Note will closely examine the economics of the art and collectibles marketplace, from internal changes at the auction house to external changes in the global marketplace.…
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To Be Creditor or To Be Shareholder, That Is the Question: Is the Debt-For-Equity Swap Creditors’ Financial Suicide?

To Be Creditor or To Be Shareholder, That Is the Question: Is the Debt-For-Equity Swap Creditors’ Financial Suicide?

This Article deals with debt-for-equity swap-related issues in Korean corporate restructuring procedures. Debt-for-equity swaps were widely employed during the Latin American foreign debt restructuring process, but the Korean case is slightly different. Because the creditors of reorganizing corporations are mainly Korean domestic financial institutions rather than foreign creditors, this type of financial scheme is applied under local law. The following examines the legal aspects of debt-for-equity swaps, which have been promoted as a way to…
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The Perfect Storm Is Brewing Once Again: What Scaling Back Dodd-Frank Will Mean for the Credit Default Swap

The Perfect Storm Is Brewing Once Again: What Scaling Back Dodd-Frank Will Mean for the Credit Default Swap

The current presidential administration has expressed a concerted desire to “scale back” and even “get rid of” the Dodd–Frank Wall Street Reform and Consumer Protection Act (Dodd–Frank). Focusing specifically on Dodd–Frank’s regulation of the credit default swap (CDS), this Article explores two timely queries. First, whether Dodd–Frank’s regulatory response to these financial instruments is a justifiable one, and second, what effect a repeal may have. This Article will show that the “perfect storm” CDS—which contributed…
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Occupational Licensing: Quality Control or Enterprise Killer? Problems that Arise When People Must Get the Government’s Permission to Work

Occupational Licensing: Quality Control or Enterprise Killer? Problems that Arise When People Must Get the Government’s Permission to Work

This Article is organized into six parts: Part one (the current section) provides the reader with an introduction and overview of the issues that have arisen because of states’ ever-expanding regulation of occupations requiring qualifications and credentials for holding certain jobs. Such qualifications often appear totally unnecessary to one’s ability to safely and competently perform a job. Part two provides background information on the Lochner Era of Supreme Court jurisprudence, the aftermath of the Lochner…
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Is the NCAA Finally Loosening Its Iron Grip On College Basketball By Allowing Underclassmen the Opportunity to Return to College After Declaring for the NBA Draft?

Is the NCAA Finally Loosening Its Iron Grip On College Basketball By Allowing Underclassmen the Opportunity to Return to College After Declaring for the NBA Draft?

The National Collegiate Athletic Association (NCAA) Oversight Committee has proposed a new rule that allows undergraduate college basketball players to reject the National Basketball Association (NBA) and return to school after they have submitted their name for the draft. This rule represents a great change in the policies that regulate college sports, specifically college basketball. The NCAA has ruled college basketball with an iron fist, but with this new proposal, it seems that it is…
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The World Wide Web Extension: From Dot-Com to Dot …Everything

The World Wide Web Extension: From Dot-Com to Dot …Everything

Today businesses are facing a new Internet dilemma. The Internet Corporation for Assigned Names and Numbers (ICANN) recently granted the public the opportunity to operate and register domain names under a plethora of generic domain extensions. Although no one knows exactly what this new program’s effect will be, the buzz around it informs business owners of a renewed need for innovation. And who is at the forefront of this new era of technology? Internet powerhouses…
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