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Volume 4 – Issues 1 & 2

The Quest for Financial Regulatory Reform: Will a Uniform Fiduciary Standard Guide the Way? | Author: Bonnie M. Treichel

The Quest for Financial Regulatory Reform: Will a Uniform Fiduciary Standard Guide the Way? | Author: Bonnie M. Treichel

In 2008, the United States economy plummeted, catching the attention of every American, creating widespread distrust in the financial markets, generating long-lasting consequences in all industries, and threatening the retirement plans of grandparents, parents, and future generations. While the financial crisis of 2008 reminded older generations of the Great Depression during the 1930s, younger generations soon understood the turmoil and fear that was generated by financial crisis. Immediately charged with the quest of financial reform,…
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Renewing Healthy Competition: Compulsory Licenses and Why Abuses of the TRIPS Article 31 Standards Are Most Damaging to the United States Healthcare Industry | Author: Jon Matthews

Renewing Healthy Competition: Compulsory Licenses and Why Abuses of the TRIPS Article 31 Standards Are Most Damaging to the United States Healthcare Industry | Author: Jon Matthews

Imagine you are the owner of a large pharmaceutical company in the United States. You have spent enormous amounts of money and time in developing a new and useful drug. Patent ownership provides protection for your business so that as your company grows, you have more money to invest in research and development of new drugs. To your surprise, you find that you are slowly losing control of your patent because you are being forced…
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Creating a Workable Legal Standard for Defining an Independent Contractor | Authors: Karen R. Harned, Georgine M. Kryda, and Elizabeth A. Milito

Creating a Workable Legal Standard for Defining an Independent Contractor | Authors: Karen R. Harned, Georgine M. Kryda, and Elizabeth A. Milito

Determining whether a particular worker should be classified as an employee or an independent contractor currently depends heavily upon the specific circumstances of employment. Although current legal approaches are meant to be flexible, the open-endedness of the current tests means that many business owners struggle with fitting their employees into the proper categories. A business that misclassifies employees, whether in good faith or on purpose, will face expensive penalties. In 2007, the state of California…
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International Media Pirates: Are They Making the Entertainment Industry Walk the Plank? | Author: Lavonne Burke

International Media Pirates: Are They Making the Entertainment Industry Walk the Plank? | Author: Lavonne Burke

It is estimated that annually more than $20 billion in copyrighted movies, music, and other entertainment is lost to global piracy networks that are tolerated or encouraged by countries like China, Russia, India, and even Canada. The rate of digital media piracy is so prevalent in today’s society that entertainment industry insiders estimate that only one in three music CDs and about one in twenty music downloads are sold legitimately worldwide. In 2002, the Motion…
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And Justice For . . . : An Analysis of Digital Music, Fair Use and Audience Rights | Author: Christopher Cunico

And Justice For . . . : An Analysis of Digital Music, Fair Use and Audience Rights | Author: Christopher Cunico

This paper explores two major themes and what role they play in the current musical environment, specifically within the context of user-distributed content. I argue that the A&M Records, Inc. v. Napster, Inc. injunctions rested on flawed assumptions that mischaracterized fair use as it applies to user-distributed content.12 In addition, copyright holders’ rights to exclude run counter to the equities of fair use in this application, and that the musical audience possesses rights that the…
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Explaining Adversarial Boilerplate Language in the Battle of the Forms: Are Consequential Damages in the U.C.C. Gap Fillers a Penalty Default Rule? | Author: Ryan Griffee

Explaining Adversarial Boilerplate Language in the Battle of the Forms: Are Consequential Damages in the U.C.C. Gap Fillers a Penalty Default Rule? | Author: Ryan Griffee

In this article, game theory is applied to the battle of the forms and related scenarios to explain Daniel Keating’s observations, reported in the article “Exploring the Battle of the Forms in Action,” 98 MICH. L. REV. 2678 (2000). The first of the two major findings in this article is that there is a game-theoretic reason drafters of boilerplate language should use adversarial, U.C.C. § 2-207(1) proviso-conforming language, namely, to ensure that clients receive terms…
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