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Articles 1 - 14 of 14
Full-Text Articles in Law
Revisiting The License V. Sale Conundrum, Nancy S. Kim
Revisiting The License V. Sale Conundrum, Nancy S. Kim
Loyola of Los Angeles Law Review
This Article seeks to answer a question that has become increasingly more important as commerce moves from the tangible to the intangible—to what extent may a business use a contract to control the use of a fully paid product? The characterization of a transaction as a license or a sale determines what may be done with a product, who controls how the product may be used, and what happens in the event of a dispute. The past generation has seen a seismic shift in the way businesses distribute their products to consumers. Businesses often “license” rather than “sell” their products, …
Procreative Autonomy In Gestational Surrogacy Contracts, Vanessa Nahigian
Procreative Autonomy In Gestational Surrogacy Contracts, Vanessa Nahigian
Loyola of Los Angeles Law Review
With the growing practice of gestational surrogacy, many women bear children with whom they have no genetic relationship, allowing intended parents to have children of their own when they are otherwise unable to do so. This practice, however, creates a ripple in the abortion debate. This Note addresses procreative autonomy in the context of gestational surrogacy agreements, examines the underlying constitutional interests at stake for each party involved, and suggests a solution to fill California’s current statutory void.
Malaysia Historical Salvors Revisited:, John P. Given
Malaysia Historical Salvors Revisited:, John P. Given
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Egg Donation: Whether A Woman Has A Property Right In Her Own Egg And How Donors Should Be Taxed, Richard Gano
Egg Donation: Whether A Woman Has A Property Right In Her Own Egg And How Donors Should Be Taxed, Richard Gano
Loyola of Los Angeles Law Review
No abstract provided.
Rediscovering Liberty Of Contract: The Unnoticed Economic Right Contained In The Freedom Of Speech, Steven C. Begakis
Rediscovering Liberty Of Contract: The Unnoticed Economic Right Contained In The Freedom Of Speech, Steven C. Begakis
Loyola of Los Angeles Law Review
The liberty of contract formation is a form of speech, and thus it is a right guaranteed by the First Amendment of the U.S. Constitution.This Article examines how the First Amendment secures the liberty of contract formation and analyzes how that liberty is supported by the U.S. Supreme Court’s commercial speech jurisprudence and by both originalist and traditionalist theories of Constitutional interpretation.
Taxing Greed, Genevieve Tokić
Taxing Greed, Genevieve Tokić
Loyola of Los Angeles Law Review
Appeals to greed in support of various tax proposals are often seen in response to populist moods in politics. Such appeals may be used to garner political support for a policy or proposal. However, there has been little academic consideration of the role of greed (or attitudes towards greed) in the law, and in tax law in particular. This Article seeks to fill that gap by taking a close look at the concept of greed. In doing so, the Article first surveys the history of greed and its meaning, and draws on political philosophy and economic literature to provide a …
The Battle Over Corporate Bylaws, Ariel Beverly
The Battle Over Corporate Bylaws, Ariel Beverly
Loyola of Los Angeles Law Review
No abstract provided.
For Richer, Not Poorer: Premarital Waivers Of Spousal Support In California, J. Nicholas Marfori
For Richer, Not Poorer: Premarital Waivers Of Spousal Support In California, J. Nicholas Marfori
Loyola of Los Angeles Law Review
California law is fairly straightforward with respect to premarital agreements that seek to alter community property rights in the event of a divorce. But it is unclear and unsettled with respect to those agreements that seek to limit or waive spousal support. Although California prohibits courts from enforcing premarital waivers of spousal support if it would be unconscionable to do so at the time of enforcements, courts have not articulated a clear standard for what that means. California made its first attempt to do so in In re Marriage of Facter. This Article considers that decision in illustrating how current …
Need For Informed Consent In The Age Of Ubiquitous Human Testing, Caitlyn Kuhs
Need For Informed Consent In The Age Of Ubiquitous Human Testing, Caitlyn Kuhs
Loyola of Los Angeles Law Review
No abstract provided.
Zygote Zeitgeist: Legal Complexities In The Expanding Practice Of Embryo Donation, Noah Geldberg
Zygote Zeitgeist: Legal Complexities In The Expanding Practice Of Embryo Donation, Noah Geldberg
Loyola of Los Angeles Law Review
In recent decades, individuals and couples facing the issue of infertility have been able to achieve parenthood through advances in assisted reproductive technology (ART), such as embryo donation. This Article evaluates the current law governing embryo donation, considers the different approaches courts and legislatures have taken to regulate embryo donation, and advocates for an approach that best balances the policy arguments underlying those approaches. Ultimately, this Article argues that contract law, rather than laws surrounding adoption, should govern embryo donations. This Article further argues that state legislatures should clarify the effectiveness of contract law within the field of embryo donation …
Franchise And Contract Asymmetry: A Common Trans-Atlantic Agenda?, Tibor Tajti
Franchise And Contract Asymmetry: A Common Trans-Atlantic Agenda?, Tibor Tajti
Loyola of Los Angeles International and Comparative Law Review
Normative legal theories, no matter whether pluralist or monist, tend to formulate what the law should be. Based on what values, either on a purely theoretical plane, or based on a single or a few paradigm contracts – the contours of which seem to be most solidified according to common opinion – like sales contracts. They fail, however, to answer the query about what happens in cases of newer-generation contracts, such as franchise contracts, one of the quintessential features of which is information and strategic asymmetry. The basic premise of this article is that given the European popularity of business …
Principles Of Contract Law Applied To Entertainment And Sports Contracts: A Model For Balancing The Rights Of The Industry With Protecting The Interests Of Minors, John H. Shannon, Richard J. Hunter Jr.
Principles Of Contract Law Applied To Entertainment And Sports Contracts: A Model For Balancing The Rights Of The Industry With Protecting The Interests Of Minors, John H. Shannon, Richard J. Hunter Jr.
Loyola of Los Angeles Law Review
This Article discusses the context of common law and statutory materials dealing with minors who participate in the entertainment and sports fields. The Article describes the changes undertaken as a result of several notorious cases involving prominent child actors, and how the California legislature dealt with issues ranging from set asides of income, approval of contracts by a competent court of jurisdiction, recognition of the legitimate interests of all parties to the contract, to principles under which a minor would be precluded from disaffirming a contract. The Article then applies and extends the principles developed in entertainment contracts to minors …
California Bank & Trust V. Lawlor: A More Certain Future For California's Sham Guarantee Defense, Brett D. Young
California Bank & Trust V. Lawlor: A More Certain Future For California's Sham Guarantee Defense, Brett D. Young
Loyola of Los Angeles Law Review
No abstract provided.