Volume 9.

Masthead

The Journal's 2012–13 volume was lead by Editor-in-Chief Tuan Ngo and his team. We invite you to explore the content; then contribute to the conversation. Submit a response, report a development, or pen the next article.

 
 

9.1

Published in Fall 2012. The first article explores whether performance bonds provide sufficient coverage when a project fails to meet a sustainability objective, or if a separate instrument is needed to address the specific perils related to green buildings. The second article challenges the view among corporate law scholars that state legislatures should enact menus of predefined statutory rules from which corporations may select the governance terms of their choice. The third article explores the common errors resulting from the misuse of sample-based research in litigation and demonstrates the importance of sound statistical sampling and data collection. The first student note argues that the JOBs Act, which amended § 12(g) of the Securities Exchange Act of 1934, failed to adequately resolve fundamental problems with the rule, and suggests a two-tiered approach to avoid unintended consequences. The second student note addresses the shortcomings of copyright law to resolve illegal song downloads and proposes the reserve class action mechanism as a solution.

More detailed summaries below, as well as links to respond. What will you contribute? Responses will be published in our online pocket part on a rolling basis. 

 

9.2

Published in Winter 2013.  The first article explores corporate governance and the opportunistic behavior that some companies engage on, which is reflected in their corporate policy.  The second article explores derivatives and the types of reforms needed to protect investors and the financial market.  The third article explores the Freedom of Information Act and the need for large corporations in the United States and other countries to be required to disclose corporate information to the general public under the Act.  The fourth article examines the time it takes for Russian banks to report information to the public and compares it to the Securities and Exchange Commission in the United States.  The fifth article explores the state sales tax system and the impacts on tax of cloud computing systems.  Finally, the sixth article critiques the taxation of e-commerce and explores the need to tax e-commerce in the United States.

More detailed summaries below, as well as links to respond. What will you contribute? Responses will be published in our online pocket part on a rolling basis.

 

9.3

Published in Spring 2013.  The first article identifies and discusses impediments preventing economic recovery after the mortgage crisis.  The second article explores potential pitfalls in utilizing Single Member Limited Liability Companies as operating business entities.  The third article examines Burning Man as an illustration of the potential for altruistic organizations to thrive in for-profit legal forms.  The fourth article discusses whether benefit corporation statutes will enable companies like Patagonia to preserve their mission in the face of hostile takeover threats, and investigates whether application of the Unocal and Revlon tests to benefit corporations. The first student note explores whether the success of a Chinese aviation firm in acquiring a U.S. based aviation firm supports a finding that the United States is not an impenetrable market for Chinese investors.  Finally, the second student note advocates a broad reading of Uniloc v. Microsoft in order to encourage courts to provide juries with sound methodology for assessing damages in patent cases.

More detailed summaries below, as well as links to respond. What will you contribute? Responses will be published in our online pocket part on a rolling basis.