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Commercial Law Commons

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Articles 1 - 30 of 69

Full-Text Articles in Commercial Law

Sandbagging: Eagle Force Holdings & The Market’S Reaction, Griffith Kimball Mar 2021

Sandbagging: Eagle Force Holdings & The Market’S Reaction, Griffith Kimball

BYU Law Review

No abstract provided.


Reputation Systems Bias In The Platform Workplace, E. Gary Spitko Aug 2020

Reputation Systems Bias In The Platform Workplace, E. Gary Spitko

BYU Law Review

Online reputation systems enable the providers and consumers of a product or service to rate one another and allow others to rely upon those reputation scores in deciding whether to engage with a particular provider or consumer. Reputation systems are an intrinsic feature of the platform workplace, in which a platform operator, such as Uber or TaskRabbit, intermediates between the provider of a service and the consumer of that service. Operators typically rely upon consumer ratings of providers in rewarding and penalizing providers. Thus, these reputation systems allow an operator to achieve enormous scale while maintaining quality control and user …


Blockchain & Smart Contract Technology: Alternative Incentives For Legal Contract Innovation, Erika J. Nash May 2020

Blockchain & Smart Contract Technology: Alternative Incentives For Legal Contract Innovation, Erika J. Nash

BYU Law Review

No abstract provided.


Commoditized Speech, “Bargain Fairness,” And The First Amendment, Andrew Tutt Feb 2017

Commoditized Speech, “Bargain Fairness,” And The First Amendment, Andrew Tutt

BYU Law Review

No abstract provided.


Intellectual Property Without Borders? The Effect Of Copyright Exhaustion On Global Commerce, Diepiriye A. Anga May 2014

Intellectual Property Without Borders? The Effect Of Copyright Exhaustion On Global Commerce, Diepiriye A. Anga

Brigham Young University International Law & Management Review

No abstract provided.


Promoting Impartiality Of International Commercial Arbitrators Through Chinese Criminal Law: Arbitration By "Perversion Of Law", Deng Ruiping, Duan Xiaosong May 2014

Promoting Impartiality Of International Commercial Arbitrators Through Chinese Criminal Law: Arbitration By "Perversion Of Law", Deng Ruiping, Duan Xiaosong

Brigham Young University International Law & Management Review

No abstract provided.


From Handbills To Proposed Bills: Suggestions For Regulating The Law Vegas "Strip" Tease, Brian D. Blakley Nov 2012

From Handbills To Proposed Bills: Suggestions For Regulating The Law Vegas "Strip" Tease, Brian D. Blakley

BYU Law Review

No abstract provided.


Searching For A Trademarks Test: The Ninth Circuit’S Query In Network Automation, R. Gregory Israelsen May 2012

Searching For A Trademarks Test: The Ninth Circuit’S Query In Network Automation, R. Gregory Israelsen

BYU Law Review

No abstract provided.


Creditors' Contempt, Lea Shepard Dec 2011

Creditors' Contempt, Lea Shepard

BYU Law Review

This Article takes a fresh look at the power of courts and creditors to force debtors to repay their obligations through in personam collection techniques. Variously known as “debtor’s examinations,” “turnover orders,” “citations to discover assets,” “supplementary proceedings,” “proceedings supplementary,” and “proceedings in aid of execution,” in personam remedies force the debtor, under threat of the court’s contempt authority, to turn over money or property directly to a creditor. Because the exercise of the court’s contempt authority can result in a debtor’s imprisonment, in personam techniques have long been regarded as a critical but potentially very coercive arrow in a …


Redefining Boundaries: How Cohesive Technologies Altered Literal And Equivalent Infringement, Tyler Jeffs Sep 2011

Redefining Boundaries: How Cohesive Technologies Altered Literal And Equivalent Infringement, Tyler Jeffs

BYU Law Review

No abstract provided.


The Irreparably Harmed Presumption? Why The Presumption Of Irreparable Harm In Trademark Law Will Survive Ebay And Winter, Jeffrey M. Sanchez May 2011

The Irreparably Harmed Presumption? Why The Presumption Of Irreparable Harm In Trademark Law Will Survive Ebay And Winter, Jeffrey M. Sanchez

BYU Law Review

No abstract provided.


Negativing Invention, Jacob S. Sherkow May 2011

Negativing Invention, Jacob S. Sherkow

BYU Law Review

No abstract provided.


Brands, Competition, And The Law, Deven R. Desai, Spencer Waller Nov 2010

Brands, Competition, And The Law, Deven R. Desai, Spencer Waller

BYU Law Review

No abstract provided.


Reinventing Usefulness, Michael Risch Nov 2010

Reinventing Usefulness, Michael Risch

BYU Law Review

No abstract provided.


Beyond Search Costs: The Linguistic And Trust Functions Of Trademarks, Ariel Katz Nov 2010

Beyond Search Costs: The Linguistic And Trust Functions Of Trademarks, Ariel Katz

BYU Law Review

No abstract provided.


Was Gonzales V. Raich The Death Knell Of Federalism? Assessing Meaningful Limits On Federal Intrastate Regulation In Light Of U.S. V. Nascimento, Brandon J. Stoker Mar 2010

Was Gonzales V. Raich The Death Knell Of Federalism? Assessing Meaningful Limits On Federal Intrastate Regulation In Light Of U.S. V. Nascimento, Brandon J. Stoker

Brigham Young University Journal of Public Law

No abstract provided.


Legal Origins, Investor Protection, And Canada, Poonam Puri Dec 2009

Legal Origins, Investor Protection, And Canada, Poonam Puri

BYU Law Review

No abstract provided.


Patening The Curve Ball: Business Methods And Industry Norms, Gerard N. Magliocca Nov 2009

Patening The Curve Ball: Business Methods And Industry Norms, Gerard N. Magliocca

BYU Law Review

No abstract provided.


Finding A Place For Embedded Advertising Without Eroding The First Amendment: An Analysis Of The Blurring Line Between Verisimilar Programming And Commercial Speech, Jacob J. Strain May 2009

Finding A Place For Embedded Advertising Without Eroding The First Amendment: An Analysis Of The Blurring Line Between Verisimilar Programming And Commercial Speech, Jacob J. Strain

Brigham Young University Journal of Public Law

No abstract provided.


Trouble For Private Enforcement Of The Sherman Act: Twombly, Pleading Standards, And The Oligopoly Problem, Lee Goldman Nov 2008

Trouble For Private Enforcement Of The Sherman Act: Twombly, Pleading Standards, And The Oligopoly Problem, Lee Goldman

BYU Law Review

No abstract provided.


The Software Licensing Dilemma, Nancy S. Kim Nov 2008

The Software Licensing Dilemma, Nancy S. Kim

BYU Law Review

No abstract provided.


Federalism And International Trade: The Intersection Of The World Trade Organization's Government Procurement Act And State "Buy Local" Legislation, Amol Mehra May 2008

Federalism And International Trade: The Intersection Of The World Trade Organization's Government Procurement Act And State "Buy Local" Legislation, Amol Mehra

Brigham Young University International Law & Management Review

No abstract provided.


A Rose By Any Other Name Would Smell As Sweet (Or Would It?): Filing And Searching In Article 9'S Public Records, Margit Livingston Mar 2007

A Rose By Any Other Name Would Smell As Sweet (Or Would It?): Filing And Searching In Article 9'S Public Records, Margit Livingston

BYU Law Review

No abstract provided.


Patent Law Viewed Through An Evidentiary Lens: The "Suggestion Test" As A Rule Of Evidence, Christopher A. Cotropia Dec 2006

Patent Law Viewed Through An Evidentiary Lens: The "Suggestion Test" As A Rule Of Evidence, Christopher A. Cotropia

BYU Law Review

No abstract provided.


Federal Wetland Jurisdiction And The Power To Regulate Commerce: Searching For The Nexus In Gerke Excavating, Joshua L. Lee Mar 2006

Federal Wetland Jurisdiction And The Power To Regulate Commerce: Searching For The Nexus In Gerke Excavating, Joshua L. Lee

BYU Law Review

No abstract provided.


Negotiating A Commercial "Most Favored Nation" Clause, Stirling Adams Aug 2005

Negotiating A Commercial "Most Favored Nation" Clause, Stirling Adams

Brigham Young University International Law & Management Review

No abstract provided.


Interstate Commerce And Interstate Endangered Species: The Controversy And The Need For Compromise, Paul Ziel May 2005

Interstate Commerce And Interstate Endangered Species: The Controversy And The Need For Compromise, Paul Ziel

Brigham Young University Journal of Public Law

No abstract provided.


The Effects Of Judicial Immunization Of Passive Sellers In Sanns V. Butterfield Ford And A Proposal For The Shifting Nature Of Fault, Jason R. Burt May 2005

The Effects Of Judicial Immunization Of Passive Sellers In Sanns V. Butterfield Ford And A Proposal For The Shifting Nature Of Fault, Jason R. Burt

BYU Law Review

No abstract provided.


Salvaging States' Rights To Protect Children From Internet Predation: State Power To Regulate Internet Activity Under The Dormant Commerce Clause, Julie Sorenson Stanger Mar 2005

Salvaging States' Rights To Protect Children From Internet Predation: State Power To Regulate Internet Activity Under The Dormant Commerce Clause, Julie Sorenson Stanger

BYU Law Review

No abstract provided.


Tarnishment And The Ftda: Lessening The Capacity To Identify And Distinguish, Layne T. Smith May 2004

Tarnishment And The Ftda: Lessening The Capacity To Identify And Distinguish, Layne T. Smith

BYU Law Review

No abstract provided.