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Legal Journals

The Journal of the Business Law Society

A University of Illinois College of Law Student Publication containing up-to-date, analytical commentary on recent developments in the area of business law, including topics such as banking and finance, corporate governance, securities regulation, real estate, technology, and sports.

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Last Entry: July 31, 2010 at 10:41:00

Is Your Ad Deceptive?

Posted on April 22, 2008
I. Introduction Small business owners often take out an advertisement in a local paper or, more in line with the times, advertise on a website. The advertisement, however, can sometimes create liability for the business owner if the ad is...

Primary Dealers Credit Facility: Changes for Market Liquidity

Posted on April 21, 2008
I. Introduction On March 17, 2008, Bear Stearns, one of the oldest and largest global investment firms on Wall Street unexpectedly collapsed and was sold to J.P. Morgan Chase & Co at a fire-sale price of $2 a share in...

BALCO?d: How Will the Tammy Thomas Conviction Affect Barry Bonds and Future Steroids Cases?

Posted on April 21, 2008
I. Introduction Barry Bonds? publicity may arise from his feats on the baseball diamond as Major League Baseball?s (?MLB?) all-time home run king, or it may arise from allegations that he took anabolic steroids to gain an edge on the...

Enron and Citigroup Settle: MegaClaims Litigation Comes to an End

Posted on April 16, 2008
I. Introduction In late March Enron Creditors Recovery Corp. ("Enron") settled its latest and final MegaClaim against Citigroup, the largest bank in the U.S. [1] Citigroup agreed to pay $1.66 billion to Enron over its alleged responsibility in Enron's downfall...

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Ambiguity In Contemporary Money Laundering Statutes

Posted on April 15, 2008
I. Introduction At the end of last year, the United States Supreme Court granted a petition for writ of certiorari for the appeal of convicted felon Humberto Fidel Regalado Cuellar. [1] The Court's ultimate decision in the case of United...

Is a Frachise for You? Making the Right Decision on Starting a Franchise

Posted on April 15, 2008
I. Introduction Starting a franchise can be a lucrative business. However, franchising is also an expensive start-up venture and can have significant legal consequences if not done properly. This article will first define a franchise and discuss the different types...

M&A Trend In 2008

Posted on April 15, 2008
In the first financial quarter of 2008, a steady trend in M&A activity is patent. The weak dollar, the economic slowdown, banks? lack of liquidity, or the motivation to add shareholder value are all viable reasons for the trend in...

Unauthorized Aliens and Credit Cards: Are Banks Violating Federal Law?

Posted on April 14, 2008
I. Introduction An estimated 11.6 million unauthorized aliens [1] are currently in the United States. [2] This growing population has not gone unnoticed by American financial institutions. For years banks have offered checking and some savings accounts to aliens without...

Corporate Social Responsibility in China: Can Consumers Alter Inadequate Legal Enforcement?

Posted on April 14, 2008
Introduction Competitive advantages direct the trend toward international business and multinational corporations. [1]. Interestingly, a situation may arise where multinational corporations are not subject to international laws because they do not have the requisite international legal personality, not subject to...

The Vick Saga: A Personal and Business Tragedy

Posted on April 11, 2008
Introduction We all know that Michael Vick was recently sentenced to do a twenty-three month term in federal prison. [1] Most of us even know why he got the sentence and have made our judgments based on whether we love...

Will the XM-Sirius Merger Pass FCC Regulations?

Posted on April 10, 2008
I. Introduction On February 19, 2007 satellite radio rivals Sirius Satellite Radio and XM Satellite Radio announced their intention to merge. [1] Both companies have experienced billions of dollars in losses. [2] Their net debt is approximately $1.6 billion...

Lawyer-Turned-Entrepreneur: How the Collision of Diverse Careers can Blend into Success

Posted on April 07, 2008
I. Introduction At first glance, it looks as though lawyers and entrepreneurs don't have much in common. The legal profession "offers a low-risk (if high-stress) means to a long, relatively well-paid, and tightly-controlled career at a privately-held law firm or...

Nationalization of Resources in Venezuela and Beyond: Do Corporations have Recourse?

Posted on April 07, 2008
Nationalization keeps multinational corporations and investors up at night. Simply put, nationalization is an exercise of sovereignty where a country seizes private property, resources, or other investments on its soil. The country usually decides whether to pay compensation to former...

Union Strikes, Hollywood Style

Posted on April 04, 2008
The Writers Guild of America recently made history by striking, and bringing a halt to the production of television shows in Hollywood. The Writers Guild of America East and the Writers Guild of America West came together to gain rights...

Wait 'Til Next Year: When Will Comcast and The Big Ten Network Reach an Agreement?

Posted on April 03, 2008
I. INTRODUCTION When the college footballs season kicks off in August, Midwestern cable customers may finally get the chance to see what all the fuss over the Big Ten Network (BTN) is about. After over a year of tense negotiations,...

Let Franchisees Decide to Arbitrate

Posted on April 03, 2008
I. Introduction Franchises are a strong component of the U.S. economy. In 2004, there were over 767,000 franchises in the United States which contributed 9.8 million direct jobs to the economy. [1] According to a 2002 study, half of the...

Evaluating E-Discovery Software Vendors: Important Questions to Ask

Posted on April 03, 2008
I. Introduction Lawyers face many challenges in the litigation process. Many of these challenges present themselves during the discovery process, which can be incredibly expensive. [1] With the ubiquitous nature of current technology, especially in the business world, the discovery...

Fantasy or Reality? Major League Baseball Still Looking to Cash in on Fantasy Baseball

Posted on April 01, 2008
I. Introduction In fantasy sports leagues, fans draft current major league players to create their own imaginary roster, with the success of each team hinging on how each player performs throughout the season.[1] Internet sites such as Yahoo! and ESPN...

Fannie Mae and Freddie Mac: Setting the Industry Standard

Posted on April 01, 2008
I. Introduction After the six year housing boom ended in the summer of 2006, home sales and prices have fallen dramatically.[1] Overall home sales in 2007 dropped 26.4% from 2006, making it the biggest drop since the Commerce Department began...

Wikileaks: A Cutting-Edge Journalistic Tool or An Affront to Business Privacy?

Posted on March 28, 2008
I. Introduction Wikileaks.org, a website dedicated to compiling leaked documents from governments and corporations, has sought to hold large-scale entities more accountable for their actions through greater transparency of information. [1] However, by publishing sensitive information it believes to be...

Patent Reform Act Is Considered By U.S. Senate

Posted on March 27, 2008
I. Introduction Robust protection for intellectual property is one of the chief engines for economic growth in the United States. Patents, copyright and trademark laws provide vigorous, reliable protection for US intellectual property, which is valued at more than $5...

The Business of Law: Increased Recruitment and Declining Retention

Posted on March 26, 2008
I. Introduction Since 1986, the number of lawyers working at American Lawyer (?Am Law ?) 100 firms has tripled, and part of that growth is due to the expansion of associate recruitment and hires. [1] With the increased competitiveness, employers...

Airline Labor Disputes and the RLA Status Quo Provisions

Posted on March 26, 2008
I. Introduction On March 7, 2008, the United States Court of Appeals for the Ninth Circuit filed its opinion in the case of International Brotherhood of Teamsters v. North American Airlines. [1] It addressed the question of whether a labor...

Are Your Gift Cards Safe?

Posted on March 24, 2008
I. Introduction On February 19th, 2008 the specialty retailer Sharper Image filed for bankruptcy under Chapter 11 and announced that it would no longer be accepting its gift cards. This came as a shock to consumers, who suddenly found their...

What the Presidential Candidates Forgot to Mention about NAFTA

Posted on March 21, 2008
. . . but perhaps the most glaring omission in Obama?s and Clinton?s anti-trade rhetoric is that NAFTA already includes robust, skillfully crafted labor and environmental agreements. The same type of agreements they supported in other trade pacts.

The Electronic Trading System ? the Sleepless Futures Markets

Posted on March 20, 2008
In 1997, Joseph B. Dial, then Commissioner of the CFTC, in a meeting with futures industry leaders, envisioned that screen-based systems would threaten open outcry, over-the-counter order matching systems.[1] A decade later, on October 26, 2004, the Commissioner of the...

Breach of Fiduciary Duty Suits Arising Out of Yahoo?s Rejection of Microsoft?s Offer

Posted on March 19, 2008
Last month, Yahoo!, the California-based Internet service provider, rejected a ?generous? offer by U.S. software giant, Microsoft. [1] Microsoft?s 62 percent premium above Yahoo!?s share was aimed at maximizing synergies that existed between both companies...

Liability Protection: The Keystone of a Successful Business

Posted on March 19, 2008
I. Introduction For an entrepreneur, starting a new business can be a fulfilling venture. However, if the company and its assets are not properly protected, the risks that come along with such an endeavor can prove to be costly. This...

Fidel Castro Has Finally Stepped Down: Now What Should Be Done About That Pesky Trade Embargo?

Posted on March 18, 2008
I. Introduction Fidel Castro recently stepped down as president of Cuba. Castro's health, not the 46 year trade embargo, was the primary reason for Castro's statement that he "would not seek to retain his post." [1] Anyone seeking a radical...

The Roberts Court and the Neutralization of McCain-Feingold's Corporate Finance Restrictions

Posted on March 17, 2008
I. Introduction For over a century legislatures have struggled with the issue of how to curtail the efforts of corporations seeking to substantially influence political campaigns. [1] Although campaign finance regulation has taken numerous forms throughout the years, loopholes and...

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