Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 60

Full-Text Articles in Law

Choice-Of-Law Agreements In International Contracts, Gary Born, Cem Kalelioglu Jan 2022

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 Jan 2021

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 Jan 2020

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 Jan 2019

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 …


International Commodity Agreements, Kenneth Klein Jan 2017

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 Oct 2016

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 Jul 2016

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 Jul 2016

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 Jul 2016

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 Jul 2016

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 Jun 2016

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 Jun 2016

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. Jun 2016

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 Jun 2016

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 Jun 2016

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 May 2016

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 Apr 2016

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 Apr 2016

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 Apr 2016

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 Apr 2016

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 Apr 2016

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 Mar 2016

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 Feb 2016

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 Jan 2016

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 Oct 2015

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 Sep 2015

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.


Incorporating The Third Party Beneficiary Principle In Natural Resource Contracts, James T. Gathii Aug 2015

Incorporating The Third Party Beneficiary Principle In Natural Resource Contracts, James T. Gathii

Georgia Journal of International & Comparative Law

No abstract provided.


European Economic Communities - European Court Of Justice - Convention On Jurisdiction And The Enforcement Of Judgments In Civil And Commercial Matters - Court Independently Defines Phrase "Sale On Installment Credit Terms" To Limit Jurisdictional Advantage To Private Final Consumers, Elizabeth Grant Kline May 2015

European Economic Communities - European Court Of Justice - Convention On Jurisdiction And The Enforcement Of Judgments In Civil And Commercial Matters - Court Independently Defines Phrase "Sale On Installment Credit Terms" To Limit Jurisdictional Advantage To Private Final Consumers, Elizabeth Grant Kline

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher May 2015

Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher

Georgia Journal of International & Comparative Law

No abstract provided.


Obtaining International Judicial Assistance Under The Federal Rules And The Hague Convention On The Taking Of Evidence Abroad In Civil And Commercial Matters: An Exposition Of The Procedures And A Practical Example: In Re Westinghouse Uranium Contract Litigation, Robert J. Augustine May 2015

Obtaining International Judicial Assistance Under The Federal Rules And The Hague Convention On The Taking Of Evidence Abroad In Civil And Commercial Matters: An Exposition Of The Procedures And A Practical Example: In Re Westinghouse Uranium Contract Litigation, Robert J. Augustine

Georgia Journal of International & Comparative Law

No abstract provided.