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Notice, Assent, And Form In A 140 Character World, Juliet Moringiello
Notice, Assent, And Form In A 140 Character World, Juliet Moringiello
Juliet M Moringiello
This essay is a contribution to a symposium on Professor Nancy Kim’s terrific book, Wrap Contracts: Foundations and Ramifications. In the book, Prof. Kim examines this explosion in volume of online contract terms and offers some suggestions for improving the judicial approach to these terms. Despite the ease of presenting online terms in a visually appealing format, today’s electronically presented terms are even less comprehensible than those of fifteen years ago. At the same time that individuals have become accustomed to receiving information in small doses due to the proliferation of social media platforms such as Twitter, Instagram, Facebook and …
From Lord Coke To Internet Privacy: The Past, Present, And Future Of The Law Of Internet Contracting, Juliet Moringiello, William Reynolds
From Lord Coke To Internet Privacy: The Past, Present, And Future Of The Law Of Internet Contracting, Juliet Moringiello, William Reynolds
Juliet M Moringiello
Contract law is applied countless times every day, in every manner of transaction large or small. Rarely are those transactions reflected in an agreement produced by a lawyer; quite the contrary, almost all contracts are concluded by persons with no legal training and often by persons who do not have a great deal of education. In recent years, moreover, technological advances have provided novel methods of creating contracts. Those facts present practitioners of contract law with an interesting conundrum: The law must be sensible and stable if parties are to have confidence in the security of their arrangements; but contract …
What’S Software Got To Do With It? The Ali Principles Of The Law Of Software Contracts, Juliet Moringiello, William Reynolds
What’S Software Got To Do With It? The Ali Principles Of The Law Of Software Contracts, Juliet Moringiello, William Reynolds
Juliet M Moringiello
In May, 2009, the American Law Institute (“ALI”) approved its Principles of the Law of Software Contracts (“Principles”). The attempt to codify, or at least unify, the law of software contracts has a long and contentious history, the roots of which can be found in the attempt to add an Article 2B to the Uniform Commercial Code (“UCC”) in the mid-1990s. Article 2B became the Uniform Computer Information Transactions Act (“UCITA”) when the ALI withdrew from the project in 1999, and UCITA became the law in only two states, Virginia and Maryland. UCITA became a dirty word, with several states …
Electronic Contracting Cases 2009-2010, Juliet Moringiello, William Reynolds
Electronic Contracting Cases 2009-2010, Juliet Moringiello, William Reynolds
Juliet M Moringiello
This article, our sixth annual survey of electronic contracting cases, discusses the significant electronic contracting cases decided between June 15, 2009 and June 15, 2010. Over the past six years, the law of electronic contracts has matured, and the cases we discuss in this article show this maturation. The survey covers contract formation by the use of shrinkwrap, clickwrap and browsewrap terms, and contract formation by the exchange of e-mail messages.
Survey Of The Law Of Cyberspace: Introduction, Juliet Moringiello
Survey Of The Law Of Cyberspace: Introduction, Juliet Moringiello
Juliet M Moringiello
No abstract provided.