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Volume 2 – Issues 1 & 2

Class-less? An Analysis of the California Supreme Court’s Denial of Employers’ Right to Use Class Arbitration Waivers in Employment Agreements in Gentry v. Superior Court | Author: Michael B. Cooper

Class-less? An Analysis of the California Supreme Court’s Denial of Employers’ Right to Use Class Arbitration Waivers in Employment Agreements in Gentry v. Superior Court | Author: Michael B. Cooper

This case note will provide a detailed evaluation and prediction of the landscape remaining in a post-Gentry California and the cases to follow in that vein. Part II will present a brief overview of arbitration agreements, class arbitration waivers and relevant statutes within the California Labor Code. In Part III, the essential facts behind Gentry will be set forth as a means to illustrate the basis from which the California Supreme Court reached their recent…
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There Is No Perfect Solution to Health Care in America | Author: Caroline Sommers

There Is No Perfect Solution to Health Care in America | Author: Caroline Sommers

This article will argue that Hillary Clinton’s American Health Choices Plan is a poor solution for America’s health care problems. Instead, this article will show that the best solution for America is to reform the current market based health care system by increasing competition between the insurance companies to help drive down costs. The first part of this article will look into the United States’ current health care system. It will show how the current…
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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…
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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…
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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
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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…
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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…
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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…
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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…
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“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…
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