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Full-Text Articles in Law
La Clausula Paramount, Salvador Francisco Ruiz Medrano
La Clausula Paramount, Salvador Francisco Ruiz Medrano
Salvador Francisco Ruiz Medrano
Paramount clause acts as a referral clause or reference to a certain set of standards, and achieved that in maritime transport, the charterer is subject to the mandatory regime of responsibilities established in the agreement to bring the clause. However, it must be noted that the grade you receive this clause may be varied, so is can be seen as the rule of autonomy of the parties, or as alleged incorporation by reference or even as a possible standard required application.
Turned On Its Head?: Norms, Freedom, And Acceptable Terms In Internet Contracting, Richard Warner
Turned On Its Head?: Norms, Freedom, And Acceptable Terms In Internet Contracting, Richard Warner
All Faculty Scholarship
Is the Internet turning contract law on its head? Many commentators contend it is. Precisely this issue arises in current controversies over end user license agreements (EULAs) and Terms of Use agreements (TOUs, the agreements governing our use of web sites). Commentators complain that, in both cases, the formation process unduly restricts buyers’ freedom; and, that sellers and web site owners exploit the process to impose terms that deprive consumers of important intellectual property and privacy rights. The courts ignore the criticisms and routinely enforce EULAs and TOUs. There is truth on both sides of this court/commentator divide. EULAs and …
What If Seeds Were Not Patentable?, Elizabeth I. Winston
What If Seeds Were Not Patentable?, Elizabeth I. Winston
Scholarly Articles
In 2001, the United States Supreme Court held that seeds were patentable subject matter - a decision, I assert, of much discussion and little impact. Protection of agricultural intellectual property through private ordering, used both to expand the protection available through public ordering and to circumvent the restrictions public ordering places on owners of intellectual property, has provided the incentives necessary to promote investment and innovation in seeds. It has not been the patentability of seeds that has led to agricultural advances, but rather the profitability of licensing agricultural intellectual property. What if seeds were not patentable? So what if …
Copyright Preemption Of Contracts, Christina Bohannan
Copyright Preemption Of Contracts, Christina Bohannan
Maryland Law Review
No abstract provided.