The symbiosis that exists between entrepreneurship and law is of paramount importance in accommodating and advancing the freedom to innovate and 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 and also explores the roles of lawyers and trends in the education of law students to become valuable counselors to entrepreneurs. Along with a new and original introduction by leading authorities in the field, this essential single volume is an invaluable tool to researchers, academics and entrepreneurs
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'