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Business

HP seeks to enjoin former CEO from working for Oracle

September 8, 2010

In a lawsuit filed yesterday in California, Hewlett-Packard (HP) has sued its former CEO, Mark Hurd, in an attempt to prevent Hurd from serving as president of and a director at HP's competitor, Oracle. Enforcement of contractual restraints on employment are very difficult under California law.  California Business and Professions Code § 16600 precludes enforcement [...]

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The Financial Reform Bill: Will Customized OTC Trades Clear?

May 24, 2010

The United States Senate passed its version of the financial reform bill this past Thursday.  The bill provides comprehensive regulation of the over-the-counter (OTC) derivatives market, which Congress had exempted from regulation in 2000 to prevent OTC derivatives business from migrating to foreign markets with less regulation and to maintain our competitive position.   Many pointed to [...]

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Citizens United v. Original Intent

April 8, 2010

I'm stepping on Professor Padfield's territory, but I saw this interview with a historian and thought it was interesting. History professor Brian Murphy explains how the original corporations were charters from the King, often  to establish cities or royal monopolies, rather than as business entitites.  The key point:

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Adam Liptak – Supreme Court Correspondent, The New York Times

April 1, 2010

The University of Akron School of Law’s Joseph G. Miller and William C. Becker Center for Professional Responsibility will offer its inaugural Journalism and the Law Lecture titled “Covering the Roberts Court in the Obama Era: A Reporter’s Reflections.” The lecture will be given by Adam Liptak, Supreme Court Correspondent and columnist for The New [...]

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Adam Liptak – Supreme Court Correspondent, The New York Times

March 9, 2010

The University of Akron School of Law’s Joseph G. Miller and William C. Becker Center for Professional Responsibility will offer its inaugural Journalism and the Law Lecture titled “Covering the Roberts Court in the Obama Era: A Reporter’s Reflections.” The lecture will be given by Adam Liptak, Supreme Court Correspondent and columnist for The New [...]

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Business and personal ethics in an economic downturn

February 16, 2010

I was struck recently by the contrast between individuals discussing the personal moral obligation to keep paying the mortgage on a home that is "under water" (they owe much more to the bank than the home is currently worth) and business advice encapsulated in this New York Times Headline:

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Are You Sure You Want Tort Reform?

February 6, 2010

Food for thought here.

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The Unnatural Separation of Liability and Control, and How to Turn Arms-Length Contracts into Fiduciary Relationships

February 4, 2010

Here and here.

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Should the poor own or rent?

February 1, 2010

"I think people need to get past the view that you can't have a successful life without one day owning a home." This from the Atlantic's Business blog, agreeing with Barney Frank's apparent suggestion that the poor should be encouraged to rent, rather than to buy homes. What do you think? Is owning a home part [...]

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More Corporate Rights, Less Corporate Responsibility

January 30, 2010

More here.

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Is the state really just facilitating private ordering when it grants corporate status?

January 23, 2010

I think not.

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It's all politics now.

January 22, 2010

The fundamental premise of the Court's decision in Citizens United v. FEC is that a corporation should have the same First Amendment rights to engage in political speech as any citizen, because a corporation is simply an "association of citizens" in the "corporate form." I think this is going to lead to the politicization of [...]

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