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Volume 4 – Issues 1 & 2

The Inherent Instability of the Financial System | Author: Kim de Glossop

The Inherent Instability of the Financial System | Author: Kim de Glossop

The article explores one of the causes of the financial crisis of 2008 and of financial crises generally. The argument of the paper is that rather than tend toward equilibrium, financial and asset markets have a tendency to become unstable after prolonged periods of stability. The main driver of this process is the expansion of credit. Debt feeds its way into higher asset prices which in turn justify the accumulation of more debt to purchase…
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Managing the Impact of New Media on the Employment Relationship | Authors: Susan A. O’Sullivan-Gavin and John H. Shannon

Managing the Impact of New Media on the Employment Relationship | Authors: Susan A. O’Sullivan-Gavin and John H. Shannon

Attention to privacy issues in the workplace has increased over the past two decades as use of electronic mail and text messages has made these means of communication commonplace. Beyond text messages and emails, employees can access the internet at their place of employment at many different entry points. This access can be through company issued desktops or laptops, mobile phones, mobile internet devices (MIDs), Smartphone technology (photography; video and voice recording capabilities; file transfer…
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Reforming Executive Compensation: What Do We Know and Where Do We Go? | Author: Priyanka Rajagopalan

Reforming Executive Compensation: What Do We Know and Where Do We Go? | Author: Priyanka Rajagopalan

In this Article, I study a fascinating problem - what are the legal, political and economic implications of regulating executive bonuses? While the Administration's recent consideration of proposals to tax bonuses of AIG executives has sparked a great deal of media speculation and attention, there has been little legal scholarship discussing the various possible consequences of this and other methods of regulating executive compensation. Especially given the growing interest in executive compensation and the possible…
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“You Had Me At Hello” or “Let Them Go?”: Law Firm Selection, Retention, and Defection in the Investment Banking Industry | Author: Karl D. Shehu

“You Had Me At Hello” or “Let Them Go?”: Law Firm Selection, Retention, and Defection in the Investment Banking Industry | Author: Karl D. Shehu

Drawing upon the theoretical concepts of reputation and social networking, this article's main objective is to assess how investment banks choose external law firms. Using qualitative methods, I show that investment banks, to varying degrees, rely on internal counsel, procurement specialists, and boards of directors to decide which firm to select. When choosing a specific law firm for the first time, corporate decision-makers are likely to evaluate law firms based on intangible factors like reputation…
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Measuring Intellectual Property ‘Strength’ and Effects: An Assessment of Patent Scoring Systems and Causality | Author: W. Lesser

Measuring Intellectual Property ‘Strength’ and Effects: An Assessment of Patent Scoring Systems and Causality | Author: W. Lesser

Intellectual property rights legislation, and particularly patent law, is roundly supported as well as condemned across the globe. The adoption of the Trade- Related Aspects of Intellectual Property Rights (TRIPS) agreement in the 1990s both expanded the scope of minimal protection as well as the controversy. One factor contributing to the strength and disparity of those opinions is the limited evidence of its actual economic effects. A central and unresolved issue is the question if…
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Preserving Human Capital: Using the Noncompete Agreement to Achieve Competitive Advantage | Author: Griffin Toronjo Pivateau

Preserving Human Capital: Using the Noncompete Agreement to Achieve Competitive Advantage | Author: Griffin Toronjo Pivateau

Organizations today face numerous challenges: worldwide competitors, changes in information technology, increased reliance on knowledgeable workers, and a shifting economic environment. In the face of this altered business climate, competitive advantage – a compelling reason to do business with an organization—is more vital than ever. In response to new pressures, companies have been forced to modify internal structures, adopt new processes, and embrace fundamental changes to the nature of their business. These changes have created…
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When Scientific Palmers Make Policy: The Impact and Future of Cap-and-Trade in the United States | Author: Sophia Hamilton

When Scientific Palmers Make Policy: The Impact and Future of Cap-and-Trade in the United States | Author: Sophia Hamilton

The political debate over climate change has over the past several years grown from a murmur to a raging cacophony in the United States, and it now appears to be simmering just below the surface. This debate has centered on the existence and cause of climate change, a term that has become nearly synonymous with the term “global warming” in American politics, and on the manner in which this change can be stopped if it…
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No More Format Disputes: Are Reality Television Formats the Proper Subject of Federal Copyright Protection? | Author: Jessica E. Bergman

No More Format Disputes: Are Reality Television Formats the Proper Subject of Federal Copyright Protection? | Author: Jessica E. Bergman

This article will explore the applicability of the Copyright Act to reality television formats and the potential ramifications of identifying such formats as protectable expression. This comment will argue that formats are not the expressive element of a reality television program and, therefore, that granting copyright protection is improper. Part II introduces the concept of the idea-expression dichotomy, presents the legal standards for copyright infringement claims, and discusses the topic of formats within the framework…
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Notice: Albums Are Dead – Sell Singles | Author: Brian P. Nestor

Notice: Albums Are Dead – Sell Singles | Author: Brian P. Nestor

Remember the character Tevye from the production “Fiddler on the Roof”? One of Tevye’s most famous lines is “Traditions, Traditions (sic). Without our traditions our lives would be as shaky as . . . as . . . as a fiddler on the roof!” This is the motto the major record labels have committed themselves to for decades. The major record labels unwaveringly committed themselves to the tradition that profits in the music industry were…
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Third and Extremely Long: Why the Elimination of the BCS Seems All But Impossible | Author: Brad Taconi

Third and Extremely Long: Why the Elimination of the BCS Seems All But Impossible | Author: Brad Taconi

On January 8, 2009, the University of Florida Gators defeated the University of Oklahoma Sooners in Miami, Florida to win the Bowl Championship Series (“BCS”) Championship Game. As a result of their victory, the Gators were named the Associated Press National Champions after capturing forty eight out of a possible sixty five first place votes. The win on the football field gave the Gators their second national championship in three seasons, but it also reignited…
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