Prof. David Papke has a new article in print, entitled “Perpetuating Poverty: Exploitative Businesses, the Urban Poor, and the Failure of Reform,” appearing in 16 St. Mary’s Law Review on Race & Social Justice 223 (2014). Here is the abstract:
While rent-to-own outlets, payday lenders, and title pawns operate in suburban and rural areas, these exploitative businesses are most concentrated in America’s inner cities. The businesses’ highly crafted, standardized contractual agreements are central in their business models and for the most part enforceable in the courts. What’s more, the contractual agreements and business models are so sophisticated and adjustable as to make them virtually impervious to regulation or legislative reform. The businesses as a result continue not only to exploit the urban poor but also to socioeconomically subjugate them by trapping them into a ceaseless debt cycle. Profits go up when the urban poor cannot pay up, and rent-to-own outlets, payday lenders, and title pawns take advantage of urban poverty while simultaneously increasing and perpetuating it.
An earlier draft of the paper appeared on SSRN.
Our April guest blogger with be 3L Elizabeth Oestreich. Elizabeth is from Fond du Lac and is interested in labor and employment law, family law, and general civil litigation, although she has heard that law school interests do not necessarily determine career paths. Many thanks to our previous guest, 1L Jessica Lothman.
Our March guest blogger with be 1L Jessica Lothman. Jessica is originally from Springfield, Illinois, but now considers herself a local. She is in her second year of the part-time program, is interested in public interest law, education law, and immigration law, and is an avid photographer. Many thanks to our previous guest, 1L Lauren Koehler.
Due to an unavoidable last-minute cancellation, we’re a few days late rotating out our guest bloggers, but I’m delighted to announce that 1L Lauren Koehler has agreed to step in on short notice as our February guest blogger. Lauren was born and raised in Michigan, got her B.A. in English from Boston University, and is interested in real estate law. She is an avid hockey fan. A belated thanks to our previous guest, 2L Vanessa Richmond.
Happy New Year! Our January guest blogger will be 2L Vanessa Richmond. Vanessa is from Chicago and attended the University of Illinois at Urbana-Champaign; she is interested in commercial litigation, intellectual property, and media law. Many thanks to our previous guest, 3L Frank Remington.
Our December guest blogger will be 3L Frank Remington. Frank hails from Madison and is interested in bankruptcy law, appellate writing, and anything to do with litigation. Many thanks to our previous guest, 3L Jennifer McNamee.
Our November guest blogger with be 3L Jennifer McNamee. Jennifer hails from St. Louis and attended Marquette for her undergraduate degree. She is interested in civil litigation and bioethics. Many thanks to our previous guest, 3L Tyler Coppage.
Professor Nadelle Grossman has another forthcoming publication, “What Is the NBA?”, written for the faculty symposium issue of the Marquette Sports Law Review. The abstract is below, and you can access the full article at SSRN:
The NBA’s organizational structure is curious. While courts at times refer to the NBA as a joint venture and at other times as a single entity, their analyses are conducted not for state organization law purposes but to assess the NBA’s compliance with federal antitrust law. Commentators, too, consistently address the NBA’s organizational structure only under antitrust law and not state organization law. As I argue, given the different purposes of these two legal regimes — antitrust law to protect consumers through preserving competition, and state organization law to ensure managers are faithful to the business purpose and to create a default structure among owners and managers — conclusions about the NBA’s organizational structure for purposes of compliance with antitrust law does not control the analysis of the NBA’s structure for purposes of state organization law.
To fill the gap in case law and commentary, this article analyzes the NBA’s organizational form under state organization law. This analysis is important because the NBA’s organizational form impacts the rights and duties of the member team-owners of the NBA. If, for example, the NBA is a joint venture partnership under state organization law — that is, an association of team owners who have come together to pursue a limited scope business for profit — then by default, its members would owe fiduciary duties to the other members and any member could seek judicial expulsion of a recalcitrant member.
Professor Nadelle Grossman has a forthcoming book chapter entitled “Casual Convergence in Unincorporated Entity Law” in the Research Handbook on Partnerships, LLCs and Alternative Forms of Business Organizations (Robert W. Hillman & Mark J. Loewenstein eds., Edward Elgar Publ’g forthcoming 2015). The abstract is below. You can access Prof. Grossman’s full book chapter at SSRN.
As seemingly uniform as the surface of the sea, unincorporated entity acts in most states are drafted from one of the National Conference of Commissioners on Uniform State Law’s (NCCUSL) uniform acts. In fact, by the end of 2013, seven states had adopted NCCUSL’s latest uniform act governing limited liability companies (LLCs), called the Revised Uniform Limited Liability Company Act, or RULLCA, and more have since followed.
Supporters of uniformity, including NCCUSL, argue that uniformity among state LLC acts generates administrative and cost savings. Critics, on the other hand, argue that uniformity undermines state experimentation to achieve more efficient LLC laws.
However, I argue in the chapter that these debates about uniformity are misguided. Continue reading “Casual Convergence in Unincorporated Entity Law”
I’m very pleased to announce that Marquette Law Adjunct Professor Jonathan Koenig will be writing a series of posts for the blog on two of his areas of interest, federal sentencing and supervised release, with the first post to come later this morning. Prof. Koenig is Appellate Division Chief in the U.S. Attorney’s Office for the Eastern District of Wisconsin. He has been a federal prosecutor for twelve years and argues frequently before the U.S. Court of Appeals for the Seventh Circuit. He currently teaches Appellate Writing and Advocacy.
Our September guest blogger will be 3L Tyler Coppage. Tyler grew up in a small town in Virginia and came to Marquette to focus on sports law. Many thanks to our previous guest, 3L Joel Graczyk.
Our July guest blogger with be rising 3L Joel Gracyk. Joel hails from Chaska, Minnesota, and is interested in constitutional law and legal writing. He is the incoming Editor in Chief of the Marquette Law Review.
And a belated thank-you for the excellent series of posts from our previous guests, Ric Gass ’70 and 2L Danielle Nardick!