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Law and Entrepreneurship

Edited by Robert E. Litan, Korein Tillery LLC, US and Anthony J. Luppino, Rubey M. Hulen Professor of Urban Affairs, University of Missouri-Kansas City School of Law, US
The symbiosis that exists between entrepreneurship and law is of paramount importance in accommodating and advancing the freedom to innovate, as well as the need to prevent unfair and abusive activities. Seminal articles and essays reprinted in this collection examine several major subject areas of law associated with entrepreneurship, including intellectual property, restrictive covenants designed to protect proprietary information, business organizations, taxation, securities regulation and tort law. This collection presents issues implicated in both for-profit growth ventures and creative social enterprises. It also explores the roles of lawyers and trends in the education of law students to become professionals in fields ranging from valuable counselors to entrepreneurs.
Extent: 804 pp
Hardback Price: $420.00 Web: $378.00
Publication Date: 2013
ISBN: 978 1 78100 932 1
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  • Business and Management
  • Entrepreneurship
  • Law and Business
  • Law - Academic
  • Corporate Law and Governance
  • Law and Business
The symbiosis that exists between entrepreneurship and law is of paramount importance in accommodating and advancing the freedom to innovate, as well as the need to prevent unfair and abusive activities. Seminal articles and essays reprinted in this collection examine several major subject areas of law associated with entrepreneurship, including intellectual property, restrictive covenants designed to protect proprietary information, business organizations, taxation, securities regulation and tort law. This collection presents issues implicated in both for-profit growth ventures and creative social enterprises. It also explores the roles of lawyers and trends in the education of law students to become professionals in fields ranging from valuable counselors to entrepreneurs.

Along with a new and original introduction by leading scholars, this essential single volume is an invaluable tool to researchers, academics and entrepreneurs.
‘Litan and Luppino perform a great service in creating a single volume that offers both the depth and breadth of “law and entrepreneurship” scholarship. Like other great anthologies, their book provides not
only a ready reference but serves to define this burgeoning field.’
– Karl Okamoto, Drexel University, US
20 articles, dating from 1996 to 2012
Contributors include: O.B. Arewa, F.B. Cross, R.J. Gilson, E.J. Gouvin, A. Hyde, S.R. Jones, R.A. Katz, A. Page, A.S. Rinehart, J.E. Tyler III
Contents:

Acknowledgements

Introduction Robert E. Litan and Anthony J. Luppino

PART I LEGAL ISSUES FOR THE START-UP VENTURE
1. Amelia S. Rinehart (2011), ‘Patents as Escalators’
2. Donald J. Bruce and Tami Gurley-Calvez (2008), ‘Federal Tax Policy and Small Business’
3. Daniel S. Goldberg (2002), ‘Choice of Entity for A Venture Capital Start-Up: The Myth of Incorporation’
4. Alan Hyde (2011), ‘Should NonCompetes Be Enforced?’
5. Eric J. Gouvin (2012), ‘Of Small Businesses and Entrepreneurs: Toward a Public Policy that Supports New Venture Formation’

PART II LAW AND THE GROWTH OF ENTREPRENEURIAL ENTERPRISES
6. Olufunmilayo B. Arewa (2006), ‘Securities Regulation of Private Offerings in the Cyberspace Era: Legal Translation, Advertising and Business Context’
7. James C. Spindler (2006), ‘IPO Liability and Entrepreneurial Response’
8. Gideon Parchomovsky and Alex Stein (2008), ‘Torts and Innovation’
9. Frank B. Cross (2011), ‘Tort Law and the American Economy’
10. Ronald J. Gilson (2010), ‘Locating Innovation: The Endogeneity of Technology, Organizational Structure, and Financial Contracting’

PART III INTERSECTIONS OF LAW AND SOCIAL ENTREPRENEURSHIP
11. Robert A. Katz and Antony Page (2010), ‘The Role of Social Enterprise’
12. John Tyler (2010), ‘Negating the Legal Problem of Having “Two Masters”: A Framework for L3C Fiduciary Duties and Accountability’
13. Thomas Kelley (2009), ‘Law and Choice of Entity on the Social Enterprise Frontier’
14. Cassady V. Brewer (2012), ‘A Novel Approach to Using LLCS for Quasi-Charitable Endeavors (A/K/A “Social Enterprise”)’

PART IV LAWYERS AS FACILITATORS OF ENTREPRENEURSHIP
15. Marc C. Suchman and Mia L. Cahill (1996), ‘The Hired Gun as Facilitator: Lawyers and the Suppression of Business Disputes in Silicon Valley’
16. Susan R. Jones (2007), ‘Supporting Urban Entrepreneurs: Law, Policy and the Role of Lawyers in Small Business Development’
17. George W. Dent, Jr. (2009), ‘Business Lawyers as Enterprise Architects’

PART V EDUCATING ENTREPRENEURIAL LAWYERS
18. Anthony J. Luppino (2007), ‘Minding More than our Own Business: Educating Entrepreneurial Lawyers through Law School-Business School Collaborations’
19. Eric J. Gouvin (2009), ‘Teaching Business Lawyering in Law Schools: A Candid Assessment of the Challenges and Some Suggestions for Moving Ahead’
20. Robert R. Statchen (2011/2012), ‘Clinicians, Practitioners, and Scribes: Drafting Client Work Product in a Small Business Clinic’