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Trespass To (Virtual) Chattels: Assessing Online Gamers’ Authority To Sell In-Game Assets Where Adhesive Contracts Prohibit Such Activity, Alfred Fritzsche
Trespass To (Virtual) Chattels: Assessing Online Gamers’ Authority To Sell In-Game Assets Where Adhesive Contracts Prohibit Such Activity, Alfred Fritzsche
Alfred Fritzsche V
As online technology has advanced, so have computer games: today’s computer games use the Internet to create comprehensive, dynamic, and persistent virtual worlds. This Comment discusses massively multiplayer online role-playing games (“MMORPGs”), or virtual worlds in which players create virtual representations of themselves; buy, improve, sell, or otherwise enjoy virtual plots of land; construct virtual cottages, mansions, and department stores; create, sell, pawn, and trade virtual chattels; and amass substantial virtual clout for accomplishing outlandish acts or securing otherwise unavailable artifacts. More than eight million subscribers participate in the World of Warcraft, and MMORPG environment created by Blizzard Entertainment. Many …
"Legal Traditions" And International Commercial Arbitration, Leon E. Trakman
"Legal Traditions" And International Commercial Arbitration, Leon E. Trakman
Leon E Trakman Dean
“LEGAL TRADITIONS” AND INTERNATIONAL COMMERCIAL ARBITRATION The Common and Civil Law systems have guided the enactment of major codes, laws and guidelines that regulate international commercial arbitration. From the doctrine of freedom of contract to the procedural rules governing arbitration hearings, international arbitration has built its legal culture around these two traditions. Recent concerns expressed by luminaries like William Slate, President of the American Arbitration Association, challenge the pervasive influence of these traditions over international commercial arbitration. Is the American tradition of law practice too litigious to serve as a viable model for international commercial arbitration? Is arbitration unduly preoccupied …
Unofficial Official Comments, Nigel Stark
Unofficial Official Comments, Nigel Stark
Nigel Stark
My Note examines Justice Antonin Scalia’s “plain meaning” theory and asks whether, assuming that theory is correct, whether official comments should be used to interpret a statute. Specifically, I examine the use of the UCC’s Official Comments and its various state variations. I conclude that, under Justice Scalia’s theory, the use of official comments is to interpret the statute is improper and should be avoided.
The Possibility Of Plain Meaning: Wittgenstein And The Contract Precedents, Val D. Ricks
The Possibility Of Plain Meaning: Wittgenstein And The Contract Precedents, Val D. Ricks
Val D. Ricks
The fashion in American law schools is to teach that contractual language cannot have a plain meaning. Most of this teaching occurs when students study the “plain meaning rule.” This rule allows a judge, after finding unambiguous language (plain meaning) in a written contract, to refuse to look at other evidence of that language’s meaning. The rule is heavily criticized, but claims against it have been exaggerated. One of these exaggerated claims is that plain meaning is impossible. This claim is found in the caselaw opinions that students are made to read. It appears most clearly in Pacific Gas & …