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Articles 1 - 30 of 103
Full-Text Articles in Law
Choice-Of-Law Agreements In International Contracts, Gary Born, Cem Kalelioglu
Choice-Of-Law Agreements In International Contracts, Gary Born, Cem Kalelioglu
Georgia Journal of International & Comparative Law
No abstract provided.
Sneak In Contracts, Shmuel I. Becher, Uri Benoliel
Sneak In Contracts, Shmuel I. Becher, Uri Benoliel
Georgia Law Review
Consumer contracts are a pervasive legal tool that govern
many of our daily activities. Yet, consumer contracts are
routinely modified by businesses after customers accept them.
Common modifications include, for example, a change in fees,
alteration of a dispute resolution clause, or revision to the firm’s
privacy policy. In fact, unilateral modifications can affect
virtually every aspect of a contract.
While the literature widely discusses the problem of ex ante
consent to consumer contracts, it does not adequately address
the problem of ex post consent to unilateral modifications. But
the practice of unilateral changes to consumer form contracts
comes with …
Whistleblowing In The Compliance Era, Jeffrey R. Boles, Leora Eisenstadt, Jennifer M. Pacella
Whistleblowing In The Compliance Era, Jeffrey R. Boles, Leora Eisenstadt, Jennifer M. Pacella
Georgia Law Review
International events over the last year have propelled the
importance of whistleblowers to the forefront. It is increasingly
evident that whistleblowers provide immense value to society.
Yet, for years, whistleblowers have been victims of retaliation,
commonly experiencing threats, discrimination, and
employment termination due to their reporting. Against the
backdrop of a society heavily defined by compliance-focused
initiatives—where organizations and industries construct
robust compliance programs, internal policies, and codes of
conduct—this Article highlights a significant gap in legal
protections for would-be whistleblowers. While compliance
initiatives demonstrate that active self-regulation is
increasingly a staple of organizational governance, this Article
pinpoints the problems …
The Good, The Bad, And The Ugly Of Online Reviews: The Trouble With Trolls And A Role For Contract Law After The Consumer Review Fairness Act, Wayne R. Barnes
The Good, The Bad, And The Ugly Of Online Reviews: The Trouble With Trolls And A Role For Contract Law After The Consumer Review Fairness Act, Wayne R. Barnes
Georgia Law Review
The advent of the internet has brought innumerable
innovations to our lives. Among the innovations is the
meteoric rise in the volume of e-commerce conducted on
the internet. Correspondingly, consumer-posted
information about merchants, goods, and services has
also become a rich source of information for consumers
researching a purchase online. This information takes
many forms, but a major category is the narrative review
describing the purchase and experience. Such reviews
are posted on websites such as Yelp, Amazon, and
TripAdvisor, on apps, and on social media such as
Facebook and Twitter. The amount and volume of
reviews has exploded in …
Law And The Blockchain, Usha Rodrigues
Law And The Blockchain, Usha Rodrigues
Scholarly Works
All contracts are necessarily incomplete. The inefficiencies of bargaining over every contingency, coupled with humans’ innate bounded rationality, mean that contracts cannot anticipate and address every potential eventuality. One role of law is to fill gaps in incomplete contracts with default rules. The blockchain is a distributed ledger that allows the cryptographic recording of transactions and permits “smart” contracts that self-execute automatically if their conditions are met. Because humans code the contracts of the blockchain, gaps in these contracts will arise. Yet in the world of “smart contracting” on the blockchain, there is no place for the law to step …
Essentials Of A Publication Agreement, Stephen Wolfson, Mariann Burright
Essentials Of A Publication Agreement, Stephen Wolfson, Mariann Burright
Presentations
This session will focus on authors' rights and publishing contracts. When academic publishers agree to publish academic works, they require the authors to sign agreements before doing so. In the past, these “agreements” – contracts, by another name – often have contained provisions that primarily benefit the publishers, including assigning intellectual property rights in the works to the publishers and limiting authors’ abilities to use their works after transferring their rights. Faculty authors often ask librarians for their guidance on how to read and negotiate publication agreements. As such, this session will discuss common provisions found in publishing contracts to …
What's In A Licensing Agreement?, Stephen Wolfson, Mariann Burright
What's In A Licensing Agreement?, Stephen Wolfson, Mariann Burright
Presentations
Now that you know the foundations of enforceable contracts, and want to have more familiarity with some nuts and bolts of contract language to become a better negotiator for your institutions, you will want to take this second webinar.
Participants will learn:
• What are the basic provisions or clauses of a contract?
• What do these provisions obligate my institution to do?
• What do these provisions obligate the other party to do?
• What rights does my institution have if the other party breaks its obligations?
Contract Basics For Librarians And Others In Higher Ed, Stephen Wolfson, Mariann Burright
Contract Basics For Librarians And Others In Higher Ed, Stephen Wolfson, Mariann Burright
Presentations
If you have signature or negotiation authority for your institution, and would like to get an overview of contracts to learn what your institution’s rights and obligations may be under a contract, this session is for you! Participants will learn:
• Why it is important to understand how contracts work?
• What does it mean for a contract to be enforceable in a US court?
• How is an enforceable contract formed?
• What could lead to contract breach?
International Commodity Agreements, Kenneth Klein
International Commodity Agreements, Kenneth Klein
Georgia Journal of International & Comparative Law
No abstract provided.
Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell
Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell
Journal of Intellectual Property Law
No abstract provided.
Changing The Game: The Effects Of The 2012 Revision Of The Icc Arbitration Rules On The Icc Model Arbitration Clause For Trust Disputes, Colin Connor
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Nation Judgments - If State Law Provides For The Enforceability Of Foreign Judgments, The Judgment Is Enforceable Without Determination Of Whether The Arbitration Award On Which It Is Based Is Independently Enforceable Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, John W. Kindt
Georgia Journal of International & Comparative Law
No abstract provided.
Contracts - Arbitration Agreement - An Arbitration Agreement In An International Contract Is To Be Given Full Effect By Federal Courts Except Where Public Policy Or Equity Dictate Otherwise, James D. Dunham, J. S. Schuster
Contracts - Arbitration Agreement - An Arbitration Agreement In An International Contract Is To Be Given Full Effect By Federal Courts Except Where Public Policy Or Equity Dictate Otherwise, James D. Dunham, J. S. Schuster
Georgia Journal of International & Comparative Law
No abstract provided.
The Convention On The Uniform Law Of International Bills Of Exchange And International Promissory Notes: A Comparison To The Uniform Commercial Code, Harold S. White
The Convention On The Uniform Law Of International Bills Of Exchange And International Promissory Notes: A Comparison To The Uniform Commercial Code, Harold S. White
Georgia Journal of International & Comparative Law
No abstract provided.
Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act, Robin B. Gray Jr., George P. Shingler
Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act, Robin B. Gray Jr., George P. Shingler
Georgia Journal of International & Comparative Law
No abstract provided.
Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley
Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley
Georgia Journal of International & Comparative Law
No abstract provided.
Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr.
Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Investment Protection And Icsid Arbitration, Charles Vuylsteke
Foreign Investment Protection And Icsid Arbitration, Charles Vuylsteke
Georgia Journal of International & Comparative Law
No abstract provided.
The Standard Investment Agreement: Text And Comments, Philippe Kahn
The Standard Investment Agreement: Text And Comments, Philippe Kahn
Georgia Journal of International & Comparative Law
No abstract provided.
English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye
English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye
Georgia Journal of International & Comparative Law
No abstract provided.
When A Promise Is Not A Promise: Georgia's Law On Non-Compete Agreements, As Interpreted By The Eleventh Circuit In Keener V. Convergys Corporation, Gives Rise To Comity And Federalism Concerns, Christopher D. David
When A Promise Is Not A Promise: Georgia's Law On Non-Compete Agreements, As Interpreted By The Eleventh Circuit In Keener V. Convergys Corporation, Gives Rise To Comity And Federalism Concerns, Christopher D. David
Journal of Intellectual Property Law
No abstract provided.
A New Technology Question Of Olympic Proportions: Should Nbc's License To Broadcast The Games Include Internet Broadcasting Rights?, Brandi Barnes Kellis
A New Technology Question Of Olympic Proportions: Should Nbc's License To Broadcast The Games Include Internet Broadcasting Rights?, Brandi Barnes Kellis
Journal of Intellectual Property Law
No abstract provided.
Minding Your Own Business: Privacy Policies In Principle And In Practice, Scott Killingsworth
Minding Your Own Business: Privacy Policies In Principle And In Practice, Scott Killingsworth
Journal of Intellectual Property Law
No abstract provided.
Copyright And Contract Law: Regulating User Contracts: The State Of The Art And A Research Agenda, Estelle Derclaye, Marcella Favale
Copyright And Contract Law: Regulating User Contracts: The State Of The Art And A Research Agenda, Estelle Derclaye, Marcella Favale
Journal of Intellectual Property Law
No abstract provided.
Uniform Commercial Code Article 2b & The State Contract Law-Federal Intellectual Property Law Interface: Can State Statutes Even Begin To Address Copyright Preemption Of Shrink-Wrap Licenses?, Elizabeth J. Mcclure
Uniform Commercial Code Article 2b & The State Contract Law-Federal Intellectual Property Law Interface: Can State Statutes Even Begin To Address Copyright Preemption Of Shrink-Wrap Licenses?, Elizabeth J. Mcclure
Journal of Intellectual Property Law
No abstract provided.
Unhitching The Trailer Clause: The Rights Of Inventive Employees And Their Emploers, Marc B. Hershovitz
Unhitching The Trailer Clause: The Rights Of Inventive Employees And Their Emploers, Marc B. Hershovitz
Journal of Intellectual Property Law
No abstract provided.
The Exporting Process: Some Considerations For Practitioners, Albert Caproni Iii
The Exporting Process: Some Considerations For Practitioners, Albert Caproni Iii
Georgia Journal of International & Comparative Law
No abstract provided.
Poached Eggs: The Misclassification Of Egg Donors As Independent Contractors And How Egg Donors Can Contribute To The Argument For A New Category Of Worker-The Dependent Contractor, Carol L. Williamson
Poached Eggs: The Misclassification Of Egg Donors As Independent Contractors And How Egg Donors Can Contribute To The Argument For A New Category Of Worker-The Dependent Contractor, Carol L. Williamson
Georgia Law Review
As the growth in demand for egg donors is met with an
increasing number of women willing to supply their eggs,
changes need to be made to the way egg donors, and other
similarly situated workers, are classified in the
employment context. Most donor contracts are employer-
created forms that designate the donors as independent
contractors and thus spare the clinic the duty of providing
employment benefits. Unlike other on-demand service
providers, such as Uber-drivers, that have recently sought
re-classification as employees, women who donate eggs are
subject to physically invasive procedures and long-term
health risks that particularly obviate the …
Copyright As Contract, Jeffrey L. Harrison
Copyright As Contract, Jeffrey L. Harrison
Journal of Intellectual Property Law
Copyright is essentially a contract between the author and the public with the government acting as the agent of the public. The consideration received by authors is defined by duration and breadth of exclusivity. The consideration for the public is the creation of a "work" that will be available on a limited basis for the life of the author plus 70 years and then available without limit after that. If there were no transaction costs at all, it would be possible to "pay" authors different amounts of exclusivity. Perhaps a greeting card would get one holiday season of exclusivity, if …
The Group Of 77 Draft Provisions Concerning Supplier Guarantees For The Proposed International Code Of Conduct On Transfer Of Technology, Kevin Conboy
Georgia Journal of International & Comparative Law
No abstract provided.