Illinois Business Law Journal

It’s Not Easy Being Green [1]: The Tech Industry Seeks Greener Solutions to Its Rapidly Increasing Energy Demands

I.  Introduction 
Why do companies go green?  A cleaner, more efficient energy solution certainly sounds progressive and looks great on paper, but aside from generating good public relations with environmental groups, is it an economically sound investment?   In the case of the tech industry and its rapidly increasing energy costs and demands, it may be their only option.  Put another way, the answer may be a resounding "Yes."

To illustrate this problem, take for example the ubiquitous IT data center, or the air-conditioned computer farms found at the heart of almost any large technology firm.  [2]  They offer increasingly more complex and useful applications, web pages, internet traffic and processing power, but at significantly increasing costs.  [3]  Data centers are massive energy consumers and may require as much as fifty times the power of a comparably sized office space.  [4]  Despite some recent notable improvements in hardware power efficiency [5], the Environmental Protection Agency (“EPA”) released a report on August 7, 2007 that projected the tech industry’s overall electricity consumption to double between 2006 and 2011.  [6]

Economically Reprehensible Behavior, or Benefits and Risks of Morality? (2 of 2)

This second article in the series first identifies past assumptions of the traditional investment model.  Possible additional benefits and drawbacks of morally responsible investing (MRI) as compared to the traditional model are pointed out along the way.  Finally, future legal issues that MRI may raise are identified, and the court’s likely treatment of such issues is hypothesized. 

Analyzing the Beer Market

I. Introduction

On Tuesday, October 9^th, London-based SABMiller and Denver-based Molson Coors announced they would be combining their brewing operations in the United States, creating a brewer called MillerCoors.[1] This move is the latest in a growing consolidation trend among the brewers of the world’s beer. In 2002, South African Breweries purchased Miller Brewing from Philip Morris, forming SABMiller.[2] Molson Coors was formed in 2004 when Molson, a Canadian brewer, merged with Adolph Coors.[3] Earlier this year, Anheuser-Busch announced that it would be importing Czechvar Beer, brewed by the Czech state-run brewery Budejovicky Budvar NP[4] into the United States despite a century-long legal battle over the Budweiser name[5] Most recently, Scotch & Newcastle, the U.K.’s largest brewer, is receiving numerous takeover bids from other major brewers.[6]

Writer's Guild of America: A thing of the past?

    The television and film industry relies on the Writer’s Guild of America (WGA) for its arbitration employed because lengthy litigation would disrupt studio strategy, damage individual worker's career development and potentially impact revenue to the degree that the result would be the failure of business enterprises altogether. With all the reality, unscripted, and animation television does the WGA have enough clout to make the demands it needs to prove useful to Hollywood writers? Court rely on its a procedure to ensure efficiency. Who will bear this burden if the WGA proves to be unsustainable?

Post-Merger: What’s in a Name?

Amongst the due diligence, negotiations, and deal making in crafting a merger between two companies, one issue that arises is what to name the new company.  A newly merged company’s choice of name may have much to do with how shareholders, customers, and other corporate constituents perceive the newly merged company.

The Trade-off: Land for Fewer Dropped Calls

With 171 million wireless subscribers in the United States, it is no surprise that the number of cellular phone transmission towers grew from 22,663 in 1995 to 104,288 in 2000. [1] These towers range from fifteen to twenty stories tall, and can make quite a statement when added to a city block or neighborhood park. [2] Residents of cities all across America have protested the planting of these unsightly towers in their neighborhoods, but the Cellular Telecommunications & Internet Association has reported that "dead spots and dropped calls can be eliminated only by new cell sites." [3] Faced with that reality, we are forced to decide which is the lesser of two evils: dropped calls or backyard barbeques next to a cell phone tower.

The Failure and Future of E-Voting in America

    1.    Introduction
On September 28, 2007, Judge Winifred Smith of the Superior Court of Alamada County, California, took the extraordinary measure of invalidating an election result – an event that has only happened once before in California’s history.[1] Measure R, originally voted upon in November 2004, was ordered back onto next year’s ballot not because of electoral fraud or force majeure, but because 96% of the results from the election had vanished.[2] There was not any suggestion of dastardly doings; no ballots mysteriously vanished; no warehouses caught fire under unusual circumstances. These ballots had vanished because in a very real way they never existed in the first place. The election deciding Measure R’s fate took place entirely on computerized voting machines.

When is a copy a copy?

In copyright law, the definition of "copy" is somewhat fuzzy.  Some cases, such as MAI v. Peak [1] and UMG v MP3.com [2] have held that a copy is a duplication of a copyrighted work.  These kinds of copies exist in a legal limbo, as there is no solidly accepted theory of when a copy is a copy for the purposes of copyright infringement.  Examples of non-infringing copies include copies of web pages and emails created due to the underlying structure of the Internet, either by being cached on the end-user's machine or stored in router memory as the page is being transmitted.  There are also more controversial copies such as full copies of books which are stored on the Google Book servers. [3]  New information-based technologies have exposed the underlying definitional weakness inherent in copyright law by highlighting the difference between an infringing "copy" and a mere reproduction of information.  So, how do we distinguish good copies from infringing copies?

“Second Life” Challenges the Boundaries of Law in Cyberspace

I.  Introduction
Virtual reality is fast becoming a mainstay in today’s modern culture of computer savvy citizens all over the world.  [1]  It is a concept of real time and space existing within a construct comprised entirely of a dynamic, streaming assembly of 1’s and 0’s of binary programming language, translated into an individual’s online world.  As the complexity and realism of these interactive virtual playgrounds increase, users have adapted a plethora of entrepreneurial opportunities that test the legal boundaries of laws throughout the world, including those of the United States.  [2]   

SEC’s Proposals For Shareholder Access To Proxy Statement

INTRODUCTION:
The war between the supporters of the shareholder democracy and its opponents has getting hot in these years. One of the important battlegrounds is the shareholder access to the proxy statement because giving shareholders access to ballot can enormously empower the shareholders. SEC recently released two proposals for the shareholder access to proxy statement and revealed its intent to settle this battle in next proxy season.[1]

Billable Hours Be Gone: Should the Hourly Billing System Be Replaced?

I. Introduction

Law firms have adjusted to recent generations of associates that demand a better quality of life in conjunction with their careers. [1] A young lawyer wants it all: a successful career, a family, and time for a social-life outside the office. "Work/life balance" has become a buzzword for firms attempting to recruit the best and brightest. Some firms have responded to the needs of working parents who prioritize childrearing by offering reduced and alternative working schedules. [2] Others allow associates to bill some of their time to pro bono work, which increases the esteem of the profession [3] in addition to satiating a young associate's need to make a difference. While programs such as these move toward the much sought after "work/life balance." they may not be enough to truly achieve a happy, well-balanced life.

The Race to Obtain a Corporate Law Job in a Market Lacking Guarantees

I.  Introduction

Many students decide upon a legal career for less altruistic reasons than upholding the United States Constitution. Thousands of students enter law school each and every year in hopes of securing their future. While the opportunity to uphold justice may still appeal to some, the opportunity to earn close to two hundred grand at one’s first job drives others. Some pursue the legal path as a life-long dream, while others are swayed by the media’s portrayal of fast-talking professionals with luxurious vehicles and an ability to persuade anyone to do as they say. Television shows and movies definitely portray an attorney’s life as face-paced and surrounded with power and wealth; however, the media fails to effectively illustrate that only a minority of attorneys actually lead such lives. This media mis-portrayal has inevitably translated into the attorney stereotypes prevalent today. As a result, law students enter the field with a misplaced confidence in the guaranteed ability to secure a large corporate firm job.

RIAA Advances the Legal Battle Against Piracy

I. Introduction

The Recording Industry Association of America’s (RIAA) recent victory over alleged file-sharer Jammie Thomas represents the latest step in their lengthy and costly legal campaign against online music piracy. Since its 1999 lawsuit against Napster [1], the RIAA has been engaged in non-stop litigation against a variety of alleged infringers, from centralized distribution networks to decentralized peer-to-peer networks. “In September of 2003, the RIAA adjusted their legal strategy and began to sue individuals suspected of sharing music files online.”  [2]  Barring a successful appeal, the verdict against Thomas potentially sets several  legal precedents favorable to the RIAA.

Don't Franchise Me! The NFL's Emerging Dilemma

I. Introduction

This past National Football League ("NFL") off-season, four Pro Bowl-caliber defenders were eligible for free agency in some form. [1]  Two received contracts that guaranteed approximately $20 million each, while the other two agreed to contracts that guaranteed less than half this amount. [2]  The four defenders were linebackers - Adalius Thomas and Lance Briggs and corner backs - Nate Clements and Asante Samuel. [3] All of them hoped to sign lucrative contracts with a significant portion of that contract guaranteed.  While Clements and Thomas cashed in, Briggs and Samuel were not as lucky - they were designated with the franchise tag. [4]  Accordingly, Samuel and Briggs threatened to hold-out until deep into the season to voice their disgust with the stigma of franchise designation. [5]  By holding out, a player refuses to take the field until his contract situation is remedied. [6]  In light of this summer's high profile protests, the current system of franchise designation is crying out for reform.

Do Hedge Funds Need To Be Better Regulated?

Introduction 

One of the hottest topics, when Wall Street recently saw a market turmoil, was whether hedge funds need to be more strictly regulated. As a special investment vehicle designed for large institutions and rich personal investors, hedge funds are notorious for their ruthless trading strategies aiming to reap as high absolute returns as possible, which usually came with very high risks. The financial leverages hedge funds often utilize had more or less contributed to almost every financial crisis we have faced in the last decades. Typical examples include the fall of Long Term Capital Management (LTCM) in late 1990s and its recent counterpart Amaranth in 2006.

The Combination of Reverse Mergers + PIPEs: an Alternative Strategy for Foreign Small and Mid-Sized Companies

According to the SEC’s website, 144 domestic Chinese companies have registered with the Commission.[1] However, as Ms. Barbara A. Jones, a partner with Kirkpatrick & Lockhart Nicholson Graham LLP, suggested, this number is deceiving because many Chinese companies entered the U.S. public capital market through “business combinations with U.S. domestic listed companies or through off-shore holding companies, utilizing the wholly-owned foreign enterprise structure.”[2]