Month: February 2007

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Virtual Bank, Real Scam?

    Second Life is a popular “virtual world” in which people across
the real world interact with each other using “avatars.” [1]  Avatars
are three-dimensional alter-egos that can be completely customized;
users can change their avatar’s clothing, height, weight, and even add
features like wings. [2]  Unlike other virtual worlds, which are
basically interactive computerized versions of fantasy role-playing
games, Second Life is not a game in the traditional sense. [3]  It does
not have goal or end; there are no monsters to fight, mysteries to
solve, or princesses to rescue. [4]  Rather, Second Life provides its
users with a toolkit with which they can create items within the
virtual world. [5]  Users can create pretty much anything they want:
buildings, vehicles, clothing, even games. [6]

 
  Much of the activity in Second Life centers on commerce with users
“buying” and “selling” “land” and each other’s creations. [7]  … Read the rest

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Re-zoning Ordinances = Regulatory Takings?

Starting a business or opening a new office building can be a trying experience.  This is true even before you factor in the possibility of a re-zoning ordinance that will render your business plans fruitless.  When this unsettling scenario comes to fruition, there are some landowners who have fought back, claiming that this action is a regulatory taking requiring just compensation [1] – but can this argument prevail?  With some cases decided and others pending, the picture of re-zoning as a regulatory taking is beginning to take shape, though the view is far from clear.

To illustrate this problem, look at the case of Dianna Reagan who owned a steel services business and decided to build a new office building. [2]  She consequently bought 4.7 aces of land for $134,000 and spent the next two years planning her new facility. [3]  The land that Reagan bought was zoned industrial in

… Read the rest
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“Look for the Union Label”: Are Immigrants the Key to Union Survival?

I. Introduction

The
importance of labor unions has diminished as membership rate has
declined from 20.1 percent in 1983.  [1]  According to the U. S.
Department of Labor's Bureau of Labor Statistics, 12.0 percent of
employed wage and salary workers were union members in 2006, down from
12.5 percent a year earlier.  [2]  Given the declining numbers, some
unions are looking to the 12 million undocumented workers in America. 
[3]  Eliseo Medina, vice president of the Service Employees Union
(SEIU), says "[t]here's no question we are going to have to organize
and bring immigrants into our ranks, [i]f we don't, we are going to
become irrelevant because we are not going to be representing the work
force."  [4]

II. Analysis

In
light of the changing makeup of America's workforce, unions have taken
different positions regarding the unionization of immigrants,
especially those who are illegal.  Union leaders supporting President
Bush's guest-worker

… Read the rest
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The Application of EU Competition Law to Professional Soccer: How the Success of Professional Soccer in America May Depend on the Treatment of Professional Soccer in Europe (Introduction)

Recently, David Beckham, a widely recognized soccer superstar, was hired to play for the Los Angeles Galaxy, a professional soccer team which is a member of Major League Soccer (MLS) in the United States.  This signing could have a tremendous impact on the success of professional soccer in the States.  But, an ongoing legal debate currently taking place in the European Union, regarding the treatment of professional soccer under the Treaty Establishing the European Community (EC Treaty) may have an even greater impact on professional soccer in America, as the treatment of soccer in EU may significantly affect European players' willingness to play in the MLS, instead of in Europe.  This article discusses the application of EU competition law to the rules and regulations of professional soccer in Europe.  How competition law is applied may affect the willingness of soccer superstars to play in the MLS instead of in Europe,

… Read the rest
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The Luxury Housing Market: Thriving in a Time of General Decline

In a time where most real estate markets have declined and many experts argue that the bubble has indeed burst as home prices are increasing much less slowly than they were a year ago [1], the trend in luxury home sales is far from declining. [2]   Luxury home sales have been booming, and not just in retirement areas such as Arizona, Florida, and Nevada [3], but in other areas of the country including Manhattan and California.  [4]  This trend has also been recently recognized internationally in Russia, Great Britain, and Canada. [5]  So, why are the luxury markets booming while the housing market in general is tanking?  The answer lies in an exploration of the population, economics, and employment rates. [6]   

According to the Institute for Luxury Home Marketing, a group comprised of Realtors and members of the National Association of Home Builders, luxury homes are those considered to

… Read the rest
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Climate Change in Corporate Approach to Global Warming

The winds have begun to shift in the debate over how the United States should approach the problem of climate change, and an unlikely champion for reform has begun to emerge.  No longer relying on government alone to decide what direction to take, leaders of some of the largest corporations in America are beginning for the first time to publicly recognize that global warming is in fact taking place, and that human actions are a contributing factor.  Consequently, there has been a recent push both for businesses to adopt cleaner technologies and for the federal government to pass legislation that would cap U.S. emissions levels with the goal of significantly reducing the country’s overall output of carbon dioxide. 

Limits on emissions were flatly rejected by the United States when it refused to sign the 1997 Kyoto treaty, a decision explained by the Bush administration as one that was in the

… Read the rest