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Articles 1 - 30 of 60
Full-Text Articles in Law
Section 3: Business Law Panel, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Business Law Panel, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Crowdfunding Without The Crowd, Darian M. Ibrahim
Crowdfunding Without The Crowd, Darian M. Ibrahim
Faculty Publications
The final crowdfunding rules took three years for the Securites and Exchange Commission to pass, but crowdfunding—the offering of securities over the Internet—is now a reality. But now that crowdfunding is legal, will it be successful? Will crowdfunding be a regular means by which new companies raise money, or will it be relegated to a wasteland of the worst startups and foolish investors? This Article argues that crowdfunding has a greater chance of success if regulators abandon the idea that the practice does (and should) employ “crowd-based wisdom.” Instead, I argue that crowdfunding needs intermediation by experts that mirrors the …
Section 3: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Non-Compete Legislation Is Getting Worse With Latest Revisions, Nathan B. Oman
Non-Compete Legislation Is Getting Worse With Latest Revisions, Nathan B. Oman
Popular Media
No abstract provided.
Section 4: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Assorted Anti-Leegin Canards: Why Resistance Is Misguided And Futile, Alan J. Meese
Assorted Anti-Leegin Canards: Why Resistance Is Misguided And Futile, Alan J. Meese
Faculty Publications
In Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. 877 (2007), the Supreme Court reversed Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U.S. 373 (1911), which had banned minimum resale price maintenance (“minimum RPM”) as unlawful per se. For many, Leegin was a straightforward exercise of the Court’s long-recognized authority, implied by the Sherman Act’s rule of reason, to adjust antitrust doctrine in light of new economic learning. In particular, Leegin invoked the teachings of transaction cost economics (“TCE”), which holds that many non-standard agreements, including minimum RPM, are voluntary mechanisms …
Section 4: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
They Can Do What!? Limitations On The Use Of Change-Of-Terms Clauses, Peter A. Alces, Michael M. Greenfield
They Can Do What!? Limitations On The Use Of Change-Of-Terms Clauses, Peter A. Alces, Michael M. Greenfield
Faculty Publications
No abstract provided.
Allocating Power Between Courts And Arbitrators - And Why Scholars Of Federal Courts Should Care, Aaron-Andrew P. Bruhl
Allocating Power Between Courts And Arbitrators - And Why Scholars Of Federal Courts Should Care, Aaron-Andrew P. Bruhl
Popular Media
No abstract provided.
Section 3: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Is It Time For The Restatement Of Contracts, Fourth?, Peter A. Alces, Christopher Byrne
Is It Time For The Restatement Of Contracts, Fourth?, Peter A. Alces, Christopher Byrne
Faculty Publications
No abstract provided.
The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl
The Unconscionability Game: Strategic Judging And The Development Of Federal Arbitration Law, Aaron-Andrew P. Bruhl
Faculty Publications
This Article uses recent developments in the enforcement of arbitration agreements to illustrate one way in which strategic dynamics can drive doctrinal change. In a fairly short period of time, arbitration has grown from a method of resolving disputes between sophisticated business entities into a phenomenon that pervades the contemporary economy. The United States Supreme Court has encouraged this transformation through expansive interpretations of the Federal Arbitration Act. But not all courts have embraced arbitration so fervently, and therefore case law in this area is marked by tension and conflict. The thesis of this Article is that we can better …
Section 4: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 5: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Business, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 6: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 6: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 6: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 7: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 8: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 8: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne
Faculty Publications
No abstract provided.
Section 5: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 8: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 8: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller
Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller
Library Staff Publications
No abstract provided.
Coming Soon To Your State (But Not Ready For Prime Time): Ucita, James S. Heller
Coming Soon To Your State (But Not Ready For Prime Time): Ucita, James S. Heller
Library Staff Publications
No abstract provided.
Regulation Of Franchisor Opportunism And Production Of The Institutional Framework: Federal Monopoly Or Competition Between The States?, Alan J. Meese
Regulation Of Franchisor Opportunism And Production Of The Institutional Framework: Federal Monopoly Or Competition Between The States?, Alan J. Meese
Faculty Publications
Most scholars would agree that a merger between General Motors and Ford should not be judged solely by Delaware corporate law, even if both firms are incorporated in Delaware. Leaving the standards governing such mergers to state law would assuredly produce a race to the bottom that would result in unduly permissive treatment of such transactions. Similarly, if the two firms agreed to divide markets, most would agree that some regulatory authority other than Michigan or Delaware should have the final word on the agreement. Thus, in order to forestall monopoly or its equivalent, the national government must itself exercise …
Section 3: Business And Commerce, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Business And Commerce, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Commercial Codification As Negotiation, Peter A. Alces, David Frisch
Commercial Codification As Negotiation, Peter A. Alces, David Frisch
Faculty Publications
No abstract provided.
Section 3: Business, Commerce, And Property, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Business, Commerce, And Property, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Quo Vadis, Posadas?, William W. Van Alstyne
Quo Vadis, Posadas?, William W. Van Alstyne
Faculty Publications
No abstract provided.
Section 7: Business, Commerce, And Property, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Business, Commerce, And Property, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Commenting On "Purpose" In The Uniform Commercial Code, Peter A. Alces, David Frisch
Commenting On "Purpose" In The Uniform Commercial Code, Peter A. Alces, David Frisch
Faculty Publications
No abstract provided.