Privacy Implications of Radio Frequency Identification Technology

   Before Mrs. Jones leaves work on a typical Tuesday, she goes to a familiar Web site where she can view the items left in her refrigerator to determine if she needs to stop by the grocery store.  She is completely out of milk and some other items, so she plans a trip to the store.  Double-checking to make sure her children arrived safely at home, she sees on the Web site that they both got off the bus on time and are in the living room, probably watching television instead of doing their homework.
    As she walks toward her car on the way home, a billboard greets her, “Good evening, Mrs. Jones!” and displays a pair of jeans she might be interested in – the same brand of jeans she bought a couple of months ago.  In her car, she drives through the parking garage exit without handing … Read the rest

When In Doubt, Seek a Buyout: Indiana’s Solution to the Kelvin Sampson Dilemma

I.    Introduction

Parting ways with a college coach accused of violating National
Collegiate Athletic Association (NCAA) rules has become a delicate
process.  On February 8th, the NCAA notified Indiana University that
its men's basketball coach, Kelvin Sampson, had allegedly committed
five "major" NCAA rule violations.[1]  After more than a week of
speculation surrounding Sampson's future at Indiana, the school
negotiated a settlement to terminate its relationship with the
second-year coach.[2]  In exchange for a $750,000 buyout, Sampson
resigned and agreed not to pursue any legal action against the
university.[3]

On its face, the buyout seems generous for a coach who conceivably
could have been fired outright for cause.  Sampson, who was already
under NCAA sanction for prior infractions, had a clause in his contract
that allowed Indiana to terminate him for "significant or repetitive
violations."[4]  Nevertheless, Indiana was in a difficult position. 
Firing Sampson prior to NCAA hearings on

Read the rest

Hedge funds are getting rich, but who is really taking the risk?

There have been a number of calls lately for increased regulation of the hedge fund industry, however, the Bush Administration has said that no new regulations are necessary.  Despite the rapid growth of the industry and the increasingly large risks hedge funds are taking, the recently released report by the President’s Working Group on Financial Markets, which was led by the Treasury Department, did not call for any new regulations, but instead called for a set of principles to be implemented, such as accurate disclosures by fund managers and more due diligence by creditors.  [1] Nevertheless, the Group of Seven (G7), of which the United States is a member and comprises the seven wealthiest countries in the world, vowed to continue looking into what new measures should be taken in order to impose stricter scrutiny over the risks being taken by hedge funds, and the risks they pose to the

Read the rest

Payday Lenders: Luring the Elderly into the Debt Trap

I. Introduction

During the past few months, the credit crunch has spread to all areas of the credit market, including: commercial real estate mortgages, student loans, and even auction-rate securities that are considered as safe as cash.[1]  In attempt to prevent further loss, many lending industries have tightened lending standards to the extend that some consumers have found obtaining a loan or even a credit card more difficult.[2]  At a time where borrowing money has become harder, people with bad credit and low income are flocking to lenders that are willing to fill their wallets with no questions asked. The “payday” loan industry is growing rapidly and is known for its quick and easy lending.[3]  Although the quick and easy money may seem attractive, the outrageously high interest rates are leading payday loan users into an inescapable debt trap.[4] Aside from high interest rates, another critical problem surrounding

Read the rest

Zoning Regulations Need to Keep Pace

I. Introduction

Many Americans take the plunge and start a
small business.  The predominant form of small business in the united
States is home-based business. [1]  Nearly 8,500 new home-based
ventures are started each day with one in ten U.S. households
conducting some type of home-based business. [2]  Although many local
zoning regimes started with the same intentions they have led to
varying restrictions which may not appropriately balance the concerns
of neighbors against the benefits and characteristics of all current
home-business.

II. Impact

Government regulations have a very large impact on home-based
businesses. [3]  In fact, costs to comply with regulation have been
shown to be higher for businesses with less than twenty employees than
for those with over five hundred. [4]  For home-based businesses, local
codes and zoning ordinances often have restrictions on the use of
residences as places of business. [5]  The actual restrictions can vary
widely

Read the rest

College Football Coaching Carousel

I. Introduction

Both the National Football League (“NFL”) and the National
Collegiate Athletic Association (“NCAA”) have endured their fair share of high
profile coaching defections either from one university to another, university
to professional franchise, or professional franchise to university.[1] Among the high profile coaches who have
abandoned their respective clubs under contract are Nick Saban, formerly of the
Miami Dolphins and currently with the University of Alabama, Bobby Petrino,
head football coach at Arkansas via the Atlanta Falcons, and Rich Rodriguez,
the freshly minted coach at the University of Michigan.[2] The defections by Saban and Petrino received
a fair amount of attention. However, the
Rich Rodriguez situation may be enough to scare other high profile coaches from
jumping ship too soon.


II.  Background

Nick Saban led the LSU Tigers to a BCS National Championship
in 2004.[3] He then left LSU for the NFL to coach the
Read the rest

International Business Travelers Beware

I.  Introduction

Picture yourself in the shoes of Maria Udy, a marketing
executive working for a travel management firm in Maryland. [1]  Udy, a
British citizen traveling from Washington D.C. to London, was pulled
aside by a federal agent because he had "a security concern" with her.
[2]   She was presented with a frustrating choice:  hand over her
laptop for the agent to search or miss her flight. [3]  In a similar
incident a tech engineer, a U.S. citizen who chose to remain anonymous
for fear of calling attention to himself, was pulled aside by a federal
agent who demanded that he log into his computer so that the agent
could search it. [4]  The engineer protested, as the computer belonged
to his corporation, but he logged in and watched in dismay as the
federal agent copied down each of the websites he had visited. [5]

Read the rest

Google Defends Its Trademark From Genericide

I.     Introduction.

Over the last decade, Google has quickly risen to dominate the internet search arena.  The company’s rapid ascension is marked by a corresponding rise in the value and recognition of the Google trademark.  In that time, Google has attached its name to an increasingly wide-range of products and services, such as Google News, Google Maps and Google Images.  On occasion, Google has also manipulated its trademark into easily recognizable derivatives, such as its web mail service Gmail.  Google also alters its primary trademark on major holidays, adding playful cartoon flourishes to its recognizable search page. 

But manipulations of the Google name, such as Gmail, are an anomaly in Google’s stable of trademarked products names.   As the company matured, it shied away from playful variations of “Google” in favor of building the strength of its primary brand.  Towards that end, in April 2007, the company changed the name

Read the rest

The Mail-Order Bride Phenomenon

IN A WORLD OF RISING GLOBALIZATION HOW DO THE LAW AND INDUSTRY GENERATE SAFE OPPORTUNITIES FOR PEOPLE TO MEET ONLINE IN DIFFERENT NATIONS?

Contrary to popular depiction in the media and amongst the populace of western countries, the idea of a ‘mail-order bride’ no longer exists in the classical sense; in the 18th and 19th Centuries, women such as the ‘casket girls’ of New Orleans were often ordered through catalogs or sent to colonies by their Governments to marry settlers and maintain the harmony and prosperity of the colony. [1] Nowadays, the term generally refers to women from developing countries that use introduction services such as Anastasia International ( HYPERLINK "http://anastasia-international.com" http://anastasia-international.com) to meet and possibly marry men in first world countries. [2] The common misconception, at least with regard to women in the Commonwealth of Independent States (the former Soviet Union), is that they are coming to this country

Read the rest

Overtime Pay and White-Collar Exemptions: Seeking Clarification in Light of Recent Revisions

I.     Introduction

The New York Times recently asked, "In today's perpetual workplace, where downtime has merged with work time, where you can carry your office in your pocket, where collars are no longer distinctly blue or white, how does one measure overtime?" [1] Such questions lead to others, concerning the purpose of overtime pay, the reasons for distinguishing between types of employees, and the role the federal government ought to play in resolving the growing inconsistencies and confusion of the complex structure of overtime law. This article examines recent changes to the overtime laws concerning exemption of white-collar workers and any effects, beneficial or burdensome, that they may have on individual workers and the economy as a whole.

II.     Background

The Fair Labor Standards Act ("FLSA") was enacted in 1938, as a substantial piece of the New Deal response to the economic and social damage done by the … Read the rest