American Business Law Journal
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BUSINESS' CIVIL RICO RICO LIBILITY GOES UNCHECKED: NO PREVIOUS CONVICTION REQUIRED
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DUE PROCESS CONSTRAINTS ON CLASS ACTIONS: FEDERAL RULE OF CIVIL PROCEDURE 23
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Linking Gender Equity to Peaceful Societies+
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Evolving ESG Reporting Governance, Regime Theory, and Proactive Law: Predictions and Strategies
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Forfeiting IP
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Legal Knowledge as an Intellectual Property Management Resource
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A Firm‐Driven Approach to Global Governance and Sustainability
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THE ANNUAL BALANCE SHEET OF GERMAN AND AMERICAN CORPORATIONS
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BOOK REVIEW DEPARTMENT
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Uniform Consumer Credit Code
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RELIGIOUS BELIEF, CORPORATE LEADERSHIP, AND BUSINESS ETHICS
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Advancing the Scope and Mission: The American Business Law Journal, 1980–1989
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A COMMENT ON THE ROLE, STRUCTURE, AND FUNCTION OF CORPORATE LEGAL DEPARTMENTS
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The Role of Business Deal Making and Dispute Resolution in Contributing to Sustainable Peace
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Issue Information
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A Neo‐Chicago Perspective on the Law of Product Tying
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E‐BUYER BEWARE: WHY ONLINE AUCTION FRAUD SHOULD BE REGULATED
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BOOK REVIEW DEPARTMENT
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Legal Entrepreneurship and the Strategic Virtues of Legal Uncertainty
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United States Securities Regulation and Foreign Private Issuers: Lessons from the Sarbanes‐Oxley Act
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THE AVAILABILITY AFTER CARPENTER OF PRIVATE RIGHTS OF ACTION UNDER RULE 10b–5 BASED UPON THE MISAPPROPRIATION OF INFORMATION CONCERNING ACQUISITIONS
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Changing Conceptson Usury: Ancient Times Through the Time of John Calvin
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Can Common Business Practices Ever Be Anticompetitive? Redefining Monopolization
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Globalization and Indigenization: Legal Transplant of a Universal TRIPS Regime in a Multicultural World
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Termination of Employment and the British Redundancy Payments Scheme*
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SHOULD CORPORATIONS EXERCISE THEIR FREEDOM OF SPEECH RIGHTS?
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Why Legal History?
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LABOR LAW PREEMPTION AND SUITS FOR DAMAGES BECAUSE OF EMOTIONAL DISTRESS
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Who's Keeping Score?: Oversight of Changing Consumer Credit Infrastructure
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Formal and Operative Rules in Overliquidation Per Se Cases
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PRODUCTS LIABILITY‐RETAILER LIAEULITY–REMITTITUR
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DISCRIMINATION IN AUTOMOBILE INSURANCE: ISSUES AND REMEDIES
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CONSUMER SUITS AGAINST MANUFACTURERS AND THE CODE'S STATUTE OF LIMITATIONS: HER MAJESTY'S EDICT
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THE IMPACT OF LEGAL COSTS IN THE DEFAULT‐FORECLOSURE PROCESS OF RESIDENTIAL MORTGAGES
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Negotiable Instruments and the Holder in Due Course of Consumer Paper
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TWO RECENT DECISIONS ON RIGHT OF PRIVACY
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MUST QUASI‐LEGISLATORS, LIKE CAESAR'S WIFE, BE ABOVE SUSPICION?: RECUSAL OF RULEMAKERS FOR PREJUDICE AND BIAS
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SURFACE MINING: WILL SUPREME COURT PRECEDENT BE RECLAIMED?
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JUDICIAL INTERPRETATION OF THE MAGNUSON‐MOSS WARRANTY ACT
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LIBERALIZING THE RESTRICTIONS ON CORPORATE INSIDERS: RELIANCE ELECTRIC COMPANY v. EMERSON ELECTRIC COMPANY, 404 U.S. 418 (1972).
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LAW IN THE BUSINESS CURRICULUM
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The United Kingdom Right to Request as a Model for Flexible Work in the European Union
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The Demythification of the Board of Directors
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What Do They Really Know About Me in the Cloud? A Comparative Law Perspective on Protecting Privacy and Security of Sensitive Consumer Data
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Issue Information
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Taxing Cannabis on the Reservation
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INTERNATIONAL JUSTICE ON TRIAL: THE SOUTH WEST AFRICA CASES PHASE TWO
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SOLIMAN V. COMMISSIONER: THE WISDOM(?) OF “SOUND” LEGAL ANALYSIS
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Issue Information
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THE VALUE OF THE AMERICAN BUSINESS LAW JOURNAL TO STUDENT READERS
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JUDGES AS ACCOUNTANTS
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THE ESTABLISHMENT CONCEPT IN STRIKE DISQUALIFICATIONS UNDER UNEMPLOYMENT INSURANCE LAWS
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The Class Action As a Consumer Protection Device
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Patterns of Dispute Settlement In Industrial and International Relations Systems
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Book Review Department
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LAW FOR GENERAL EDUCATION
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Pre‐Law Preparation Based Upon Business Administration
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THE ROLE OF GOVERNMENT IN BUSINESS DECISIONS
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PARTIAL BUSINESS CLOSE‐DOWNS BY AN EMPLOYER AND THE DUTY TO BARGAIN UNDER THE NATIONAL LABOR RELATIONS ACT
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Freedom of Contract and Default Contractual Duties in Delaware Limited Partnerships and Limited Liability Companies
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Fort's ‘Business as Mediating Institution’—A Holistic View of Corporate Governance and Ethics
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RELUCTANCE TO REGULATE: THE CASE OF NEGATIVE OPTION MARKETING
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Issue Information
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The Double Standard in Public Education—Part II—Wealth Discrimination
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Brute Force (Anti) Federalism
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THREE CASES VIEWED IN THE LIGHT OF THE BROWN‐SHOE OPINION
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Adios Embargo: The Case for Executive Termination of the U.S. Embargo on Cuba
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New Trends In Liabilities Of Manufacturers
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Food, Inglorious Food: Food Safety, Food Libel, and Free Speech
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NEW DEVELOPMENTS REGARDING ADVERTISING INCOME OF TAX‐EXEMPT ORGANIZATIONS
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Legal Aspects of Doing Business in Japan
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Damages for Breach of a Forum Selection Clause
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RECONCILING THE TENSION BETWEEN ANTICOMPETITIVE STATE REGULATIONS AND THE SHERMAN ACT:
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Issue Information
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White Participation in Black Business: A Proposed Corporate Model
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NEWS OF MEMBERS
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THE EVOLUTION OF THE GOVERNMENT‐BUSINESS RELATIONSHIP IN THE UNITED STATES: COLONIAL TIMES TO PRESENT
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Consumer Arbitration Clause Enforcement: A Balanced Legislative Response
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MODERN BUSUNESS LAW: CONTRACTS
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LEGAL AND EXTRALEGAL BARRIERS TO FEDERAL PRODUCT LIABILITY REFORM
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DISCOVERY PROCEDURES AND THE SELECTION AND TRAINING OF ARBITRATORS: A STUDY OF SECURITIES INDUSTRY PRACTICES†
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Issue Information
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DEBTOR INTERESTS IN PENSION PLANS AS PROPERTY OF THE DEBTOR'S ESTATE
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ACCOUNTANTS' MALPRACTICE ERNST & ERNST v. HOCHFELDER
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The Uniform State Antitrust Act: A Review and Commentary
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Asymmetric Information in Consumer Contracts: The Challenge That Is Yet to Be Met
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Editor's Corner: Preparation, Procrastination, Production, and Perfection
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Triggering Parent Company Liability Under United States Sanctions Regimes: The Troubling Implications of Prohibiting Approval and Facilitation
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BOOK REVIEW DEPARTMENT
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Antitrust and Socially Responsible Collaboration: A Chilling Combination?
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Quotes for the Classroom
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Constitutionality of Zoning Ordinances Which Exclude Mobile Homes
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THE TRADITIONAL VIEW ON THE ORIGINS OF THE EMPLOYMENT‐AT‐WILL DOCTRINE: MYTH OR REALITY?
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The Language Necessary to Create A Contract of Guaranty
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THE LAW AS A CONSTITUTIVE FORCE FOR CHANGE, PART II: THE IMPACT OF THE NATIONAL LABOR RELATIONS ACT ON THE U.S. LABOR MOVEMENT
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Cloaking: Public Policy and Pregnancy
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The Good Company: Rhetoric or Reality? Corporate Social Responsibility and Business Ethics Redux
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THE COMMON DENOMINATOR IN THE LAW OF BUSINESS
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Compensation Upon the Taking of an Aliens Property
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THE PROBATIVE VALUE OF MULTIPLE REGRESSION ANALYSIS IN TITLE VII LITIGATION
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Banking's Climate Conundrum
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Law and Conflict Resolution
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TENANCY BY THE ENTIRETY: AN ANCIENT FICTION FRUSTRATES MODERN CREDITORS
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CREDITOR'S RIGHT TO COMMUNICATE WITH DEBTOR'S EMPLOYER IN PURSUING COLLECTION SIGNAL OIL & GAS COMPANY v. CONWAY.
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THE PROBLEM OF CONTROL IN LIMITED PARTNERSHIP LAW: AN ANALYSIS AND RECOMMENDATION
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BOOK REVIEW DEPARTMENT
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Nudging Corporate Compliance
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Protecting Trade Secrets in China: Update on Employee Disclosures and the Limitations of the Law
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Shareholder Proposal Rules and Practice: Evidence from a Comparison of the United States and United Kingdom
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Issue Information ‐ Editorial Board
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SECURITY INTEREST COVERING PROCEEDS—PROTECTION AGAINST OR PERMISSION FOR SALE OF COLLATERAL?
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HERZFELD REVISITED AFTER HOCHFELDER: THE “SCIENTER” STANDARD APPLIED TO THE REPORTING OF UNCERTAINTIES
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DISABILITY LESSONS IN HIGHER EDUCATION: ACCOMMODATING LEARNING‐DISABLED STUDENTS AND STUDENT‐ATHLETES UNDER THE REHABILITATION ACT AND THE AMERICANS WITH DISABILITIES ACT
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CORPORATE IDENTITY AND CORPORATE POLITICAL ACTIVITIES
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BOOK REVIEWS
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The Long Arm of Section 337: International Trade Law as a Global Business Remedy
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Expressing the Educational Objectives of Business Law: A Proposed Method and Framework
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Issue Information
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PRODUCTS LIABILITY AND THE REASONABLY SAFE PRODUCT: A GUIDE FOR MANAGEMENT, DESIGN, AND MARKETING
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The Convergence of Financial and ESG Materiality: Taking Sustainability Mainstream
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Sherman Act Applicabillty to Red Estate Boards
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Title And Risk In Sales Under The Uniform Commercial Code
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Rational Design Rights Ignorance
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PRICE DISCRIMINATION UNDER §2(a) OF THE ROBINSON‐PATMAN ACT
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EDITORS NOTE
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TOWARD A MIDDLE WAY IN THE POLARIZED DEBATE OVER EMPLOYMENT AT WILL
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The Part‐Payment Check Under the Code
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In‐Group Favoritism as Legal Strategy: Evidence from FCPA Settlements
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AN ANALYSIS OF CHANGES IN THE USE OF CHAPTER 13 SINCE THE ENACTMENT OF THE BANKRUPTCY REFORM ACT OF 1978
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ACCESS TO FAIR CREDIT REPORTS: CURRENT PRACTICES AND PROPOSED LEGISLATION
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THE IMPACT OF OPEN‐MEETINGS LEGISLATION ON ACADEMIC FREEDOM AND THE BUSINESS OF HIGHER EDUCATION
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SECURED PROMISSORY NOTES AS “PAYMENTS” TO A PROFIT‐SHARING PLAN Don E. Williams Co. v. C.I.R. 429 US. 569 (1977)
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Issue Information ‐ Copyright Page
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Judicial Review of Dividend Policy in Suits by Minority Shareholders
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AN EVALUATION OF A NEW TREND IN CORPORATE LAW: DISMISSAL OF DERIVATIVE SUITS BY MINORITY BOARD COMMITTEES
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EMPLOYEE URINE TESTING AND THE FEDERAL APPEALS COURTS
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THE CORPORATE SOCIAL RESPONSIBILITY DEBATE: UNANSWERED QUESTIONS ABOUT THE CONSEQUENCES OF MORAL REFORM
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THE CONSTITUTION
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Cannabis Regulatory Confusion and Its Impact on Consumer Adoption
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A PROPOSAL FOR TEACHING ADMINISTRATIVE LAW IN THE BUSINESS LAW CURRICULUM*
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HOW SHOULD U.K. AND U.S. MINORITY SHAREHOLDER REMEDIES FOR UNFAIRLY PREJUDICIAL OR OPPRESSIVE CONDUCT BE REFORMED?
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ENFORCEMENT OF MANAGEMENT'S DUTIES TO CORPORATE CREDITORS*
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DUE PROCESS AND STUDENT ACADEMIC MISCONDUCT
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Pandemics and Panaceas: The World Trade Organization's Efforts to Balance Pharmaceutical Patents and Access to AIDS Drugs
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A Proactive Proposal for Self‐Regulation of the Actuarial Profession: A Means of Avoiding the Audit Profession's Post‐Enron Regulatory Fate
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Issue Information
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THE RECENT LARSON OPINIONS CONCERNING IRS ATTEMPTS TO CLASSIFY LIMITED PARTNERSNIPS AS CORPORATIONS
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GRAY MARKETING OF IMPORTED TRADEMARKED GOODS: TARIFFS AND TRADEMARK ISSUES
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Editor's Corner: Considerations in the Rise of Empirical Legal Scholarship
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Sustainable Investing and Fiduciary Obligations in Pension Funds: The Need for Sustainable Regulation
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BOOKS RECEIVED
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Resolution of Small and Medium‐Sized Deposit‐Taking Institutions: Back to Basics?
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Insurance Coverage for Illegal Acts
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Remedies and Alternative Contracts
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IMPRACTICABILITY AND RELATED MATTERS
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Exceeding Authorized Access in the Workplace: Prosecuting Disloyal Conduct Under the Computer Fraud and Abuse Act
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THE UNIFORM NEW PAYMENTS CODE: HIGHLIGHTS OF PROPOSED CHANGES IN UNIFORM COMMERCIAL CODE ARTICLES 3 AND 4
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Editor's Corner
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Franchising and the Parol Evidence Rule
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BOOK REVIEW DEPARTMENT
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THE LL.B. DEGREE
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GRAPPLING WITH THE PRE‐EXISTING DUTY RULE: A PROPOSAL FOR A STATUTORY AMENDMENT
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Medical Marijuana Registries: A Painful Choice?
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BETAMAX AND SOUND RECORDINGS: IS COPYRIGHT IN TROUBLE?
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BOOK REVIEWS
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Reconsidering Lawyer Autonomy: The Nexus Between Firm, Lawyer, and Client in Large Commercial Practice
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Issue Information
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FEDERAL REGULATION OF ADVERTISING: FALSE REPRESENTATIONS OF COMPOSITION, CHARACTER, OR SOURCE AND DECEPTIVE TELEVISION DEMONSTRATIONS
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ELIMINATION OF PRIVITY IN PRODUCTS LIABILITY CASES
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How Behavioral Science Ultimately Fails Retirement Savers: A Noble Experiment
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SALE OF REO PROPERTIES UNDER CERCLA: AN AREA OF CONTINUING ENVIRONMENTAL RISK FOR LENDERS
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Issue Information
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Effective Salesmanship or Duress? The Disallowed Sales Commission Plans Between Major Tire Manufacturers and Oil Companies
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Stoneridge, Securities Fraud Litigation, and the Supreme Court
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SENIORITY, RECESSION, AND AFFIRMATIVE ACTION: THE CHALLENGE FOR COLLECTIVE BARGAINING
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NLRB VOTING ON IMPORTANT UNFAIR LABOR PRACTICES DECISIONS: 1955–1975
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DANIEL THROWN TO THE LIONS: AN ANALYSIS OF INTERNATIONAL BHD. OF TEAMSTERS v. DANIEL
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REPORT FROM THE PRESIDENT
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Enhancing Rescue in Chapter 11: Lessons from Reform Efforts in the United Kingdom
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SHIFTING ATTORNEY'S FEES IN LITIGATION ATTACKING COMMERCIAL ARBITRATION AWARDS: A DISINCENTIVE FOR MERITLESS MOTIONS FOR CORRECTION, MODIFICATION, OR VACATUR
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THE “BAD CHECK” SELLER UNDER UCC SECTION 2–511(3)*
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Editor's Corner: On Mentoring and Development
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BOOK REVIEW DEPARTMENT
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A TECHNIQUE FOR EVALUATING BUSINESS LAW BRIEFS
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BOOK RECIEVED
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Anticipatory Retaliation, Threats, and the Silencing of the Brown Collar Workforce
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Reforming Dodd‐Frank from the Whistleblower's Vantage
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Issue Information
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Conglomerate Mergers
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BLUE SHIELD OF VIRGINIA V. MCCREADY: THE LIMITS OF THE ANTITRUST INJURY DOCTRINE
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THE CHANGE IN AMERICAN ATTITUDE TO THE INTERNATIONAL UNIFICATION OF SALES LAW MOVEMENT AND UNCITRAL
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FTC ADVERTISING REGULATION: SURVIVOR OR CASUALTY OF THE REAGAN REVOLUTION?
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A Great Debt of Gratitude: An Interview with John Donnell
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EDITORIAL
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EVOLVING CONTRACT AS A DEVICE FOR FLEXIBLE COORDINATION AND CONTROL
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BOOK REVIEW DEPARTMENT
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Issue Information
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Examining the Lax Treatment of Commercial Bribery in the United States: A Prescription for Reform
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Editor's Corner: Regulating the Market
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Embedded Advertising to Children: A Tactic that Requires a New Regulatory Approach