Founded in 2005, the Hastings Business Law Journal ("HBLJ") is an academic journal published by students at the UC Hastings College of the Law in San Francisco, California. HBLJ currently publishes two issues per volume.
To address an overall reduction in federal funding and revenue collections, state and local governments are increasingly relying on economic incentive programs to grow their economies through increased job creation and private capital investments. The economic incentive programs are no longer comprised of simple tax reductions for companies seeking expansion or relocation, but include financial incentives and direct investment programs.
The Supreme Court’s recent decisions in Citizens United and Hobby Lobby together extended the rights of for-profit corporations to engage in constitutionally protected political speech. In the wake of these decisions, this article examines the limits of such corporate political speech through the lens of corporate governance.
With the discussions comprising the 2013 Symposium on Corporate Governance in Japan as a backdrop, this article surveys recent trends and issues concerning corporate governance in Japanese law. In particular, this article offers brief overviews on areas of Japanese corporate law currently evolving, from available tactics against hostile takeovers to the presence of independent directors.
Japan has been widely criticized as being slow to reform a corporate governance system that seemingly remains fixed on the interests of employees over shareholders and unresponsive to recent global trends such as the spread of independent directors. This article, however, argues that analysis of Japanese corporate governance is hampered by the lack of both an agreed-upon standard for evaluating change in Japan and data concerning important governance practices, such as the actual role of company auditors (kansayaku).
One of the most serious concerns of patents in a startup company’s competitive environment is the threat of patent infringement and, when settlement negotiations fail, costly litigation. These smaller companies are often struck by “patent trolls,” persons or businesses that do not produce or make use of a product or service, but rather, make money from licensing and asserting patents. After detailing the challenges presented by current statutory and case law—including the Supreme Court’s recent decision in Alice Corp. v.