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Volume 7 – Issues 1 & 2

How Courts Can Prevent Excess Emitters From Using Bankruptcy as a Forum to Avoid California AB 32’s Allowance Deductions I Mohammed Tehrani

How Courts Can Prevent Excess Emitters From Using Bankruptcy as a Forum to Avoid California AB 32’s Allowance Deductions I Mohammed Tehrani

This paper identifies bankruptcy as a forum in which entities that exceed their emissions limit might be able to avoid the accompanying allowance deduction. Specifically, an entity might be able to sell its assets free and clear of its allowance deduction liabilities through Section 363 to a new company comprised of the same actors. Part II contrasts which liabilities can be discharged through a Chapter 11 plan and which can be avoided through a free…
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Speak Up: Issue Advocacy in Increasingly Politicized Times I Sally Wagenmaker

Speak Up: Issue Advocacy in Increasingly Politicized Times I Sally Wagenmaker

This article first provides a brief primer on current constraints affecting Section 501(c)(3) and 501(c)(4) organizations' communications within the context of what has become known as “issue advocacy.” It then sets forth the problem of increasing politicization of nonprofits' issue advocacy activities. The article next evaluates related constitutional tensions for politically tinged issue advocacy, through the lens of the Supreme Court's free speech decisions. It concludes by addressing how the IRS's different content-based standards for…
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Is Internet Radio “Livin’ on a Prayer”? With New Legislation, It “Will Make It, I Swear” | Author: Kelsey Schulz

Is Internet Radio “Livin’ on a Prayer”? With New Legislation, It “Will Make It, I Swear” | Author: Kelsey Schulz

This Comment discusses whether the IRFA would be the appropriate solution to the inequities in current copyright law as it pertains to digital music. Part I of this Comment will provide a more in-depth discussion of the history of copyright law and music distribution. It will examine the implications of the 1971 Sound Recording Act, the 1976 Copyright Act, and the Digital Performance Right in Sound Recordings Act of 1995. Part II will provide a…
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The Shield Act: A Good Attempt at Curbing Patent Trolls that Leaves Us Wanting More | Author: Adina Sivaraman

The Shield Act: A Good Attempt at Curbing Patent Trolls that Leaves Us Wanting More | Author: Adina Sivaraman

This Comment explores the SHIELD Act in its entirety. Part II examines the historical background of the patent troll issue--focusing on former legislation and case law that sought to curb patent troll lawsuits. Part III discusses what the SHIELD Act is and what it aims to do. Part IV analyzes the positive and negative effects that the SHIELD Act would have if passed and takes a look at other options for limiting patent troll litigation,…
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More Burden than Benefit? Analysis of the Benefit Corporation Movement in California | Author: Sarah Thornsberry

More Burden than Benefit? Analysis of the Benefit Corporation Movement in California | Author: Sarah Thornsberry

The benefit corporation movement has been associated with the separate camps of social entrepreneurship, nonprofit organizations, and for-profit corporations, while trying to establish itself as a community of businesses that pursue not only profit, but also environmental and social good. This article examines the legal attributes of benefit corporation legislation and articulates why incorporating as a benefit corporation can be an excellent business decision. Lastly, the article looks at how the movement can further expand…
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Whodunnit? Divided Patent Infringement in Light of Akamai Technologies, Inc. v. Limelight Networks, Inc. | Author: Mark Tomlinson

Whodunnit? Divided Patent Infringement in Light of Akamai Technologies, Inc. v. Limelight Networks, Inc. | Author: Mark Tomlinson

This Note provides background information on divided patent infringement in the United States with emphasis on landmark cases and the previous understanding of the Patent Act. Part II provides background information on the underlying controversies and the software at issue in each case. Part III discusses the opinions of the factions of the court, and Part IV dissects the reasoning of each. Part V examines the implications of Akamai on businesses and other method patent…
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Reconciling the Municipal Pension Problem with Chapter 9’s Automatic Stay: A Case Note on In Re City of San Bernardino | Author: Michael Simon

Reconciling the Municipal Pension Problem with Chapter 9’s Automatic Stay: A Case Note on In Re City of San Bernardino | Author: Michael Simon

Using In re City of San Bernardino as a springboard, this Note explores both the descriptive and analytic dimensions of a municipality seeking relief from its pension woes within the context of Chapter 9 of the Bankruptcy Code. As a descriptive matter, this Note illustrates that municipalities need alternative solutions to address the growing public pension problem besides issuing municipal bonds. Given the structure of certain public defined benefit pension systems, the strategy of issuing…
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AML in the Spotlight: Compliance Risks for Broker-Dealers and Investment Advisers | Authors: John H. Walsh & Cecilia Baute Mavico

AML in the Spotlight: Compliance Risks for Broker-Dealers and Investment Advisers | Authors: John H. Walsh & Cecilia Baute Mavico

In light of regulators' renewed attention, this article discusses recent events, reviews AML enforcement actions against securities firms, and identifies the compliance risks they suggest. The article concludes that the time has come for broker-dealers and advisers alike to take a holistic view of compliance and their AML risks, and to prepare for enhanced oversight and regulation. Download Full Article
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Reinvigorating the REIT’s Neutrality and Capital Formation Purposes Through a Modernized Tax Integration Model | Author: Simon Johnson

Reinvigorating the REIT’s Neutrality and Capital Formation Purposes Through a Modernized Tax Integration Model | Author: Simon Johnson

Efforts at reform have not spared the REIT arrangement, but have focused on objectives unrelated to its model of tax integration, despite its significant flaws. Owing to the interaction of several provisions, the model largely precludes capitalization through retained earnings. This increases the cost of REIT capital and limits its capacity to realize the neutrality and private real estate capital formation objectives Congress pursued in creating the arrangement. Accordingly, it is important to consider how…
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Predatory Hiring as Exclusionary Conduct: A New Perspective | Authors: Richard J. Braun & Michael A. Williams

Predatory Hiring as Exclusionary Conduct: A New Perspective | Authors: Richard J. Braun & Michael A. Williams

The showing of predatory or exclusionary conduct is a necessary element to prove an attempted monopolization claim under secton 2 of the Sherman Act. Predatory hiring as a form of exclusionary conduct has not been extensively analyzed from legal or economic perspectives. Most litigated cases have followed Universal Analytics, Inc. v. MacNeal-Schwendler Corp., where the court held that unlawful predatory hiring occurs when talent is acquired not for purposes of using that talent, but for…
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