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Online And “As Is”, Colin P. Marks 2018 Pepperdine University

Online And “As Is”, Colin P. Marks

Pepperdine Law Review

Online retail is a multi-billion-dollar industry in the United States. Consumers enjoy the ease with which they can browse, click, and order goods from the comfort of their own homes. Though it may come as no surprise to most lawyers, retailers are taking advantage of online transactions by attaching additional terms and conditions that one would not normally find in-store. Some of these conditions are logical limitations on the use of the retailers’ websites, but others go much further, limiting consumers’ rights in ways that would surprise many shoppers. In particular, many online retailers use these terms to limit implied ...


Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose 2018 Dare To Tell

Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Does Contract Law Need Morality?, Kimberly D. Krawiec, Wenhao Liu 2018 Duke Law School

Does Contract Law Need Morality?, Kimberly D. Krawiec, Wenhao Liu

Faculty Scholarship

In "The Dignity of Commerce", Nathan Oman sets out an ambitious market theory of contract, which he argues is a superior normative foundation for contract law than either the moralist or economic justifications that currently dominate contract theory. In doing so, he sets out a robust defense of commerce and the marketplace as contributing to human flourishing that is a refreshing and welcome contribution in an era of market alarmism. But the market theory ultimately falls short as either a normative or prescriptive theory of contract. The extent to which law, public policy, and theory should account for values other ...


Possible Unfair Practices In The Marketing Of Differentiated Food Products In The Single Market: The Concept Of The “Legitimate Expectations” Of Consumers, Luis González Vaqué 2017 Asociación Iberoamericana para el Dereho Alimentario

Possible Unfair Practices In The Marketing Of Differentiated Food Products In The Single Market: The Concept Of The “Legitimate Expectations” Of Consumers, Luis González Vaqué

Luis González Vaqué

During the month of September 2017 the Commission published guidelines entitled “Commission Notice on the application of EU food and consumer protection law to issues of Dual Quality of products — The specific case of food”. In this article the author deals with the problem of the marketing of differentiated food products in the Single Market, taking into account that it likely constitutes a commercial practice prohibited by Directive 2005/29/EC on Unfair Commercial Practices, basing it on a critical analysis of the above mentioned Commission Notice on dual quality (a document that is a first step in the right ...


Boca Park Marketplace Syndications Grp., L.L.C. V. Higco, Inc., 133 Nev. Adv. Op. 114 (Dec. 28, 2017), Tamara Cannella 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Boca Park Marketplace Syndications Grp., L.L.C. V. Higco, Inc., 133 Nev. Adv. Op. 114 (Dec. 28, 2017), Tamara Cannella

Nevada Supreme Court Summaries

The Court held the declaratory judgment exception to claim preclusion applies when the initial action sought only declaratory relief.


The Crisis In Corporate Governance: 2002 Style, Robert W. Hamilton 2017 University of Maine School of Law

The Crisis In Corporate Governance: 2002 Style, Robert W. Hamilton

Maine Law Review

The period from November 1, 2001 to October 1, 2002 has been an astonishing period for corporate governance in many respects. It began with the completely unexpected collapse of Enron Corporation on November 1, 2001, followed almost immediately thereafter by widely publicized downward profit restatements and bankruptcy filings by a significant number of telecommunication companies. Since November 1, 2001, there have been numerous public reports of fraud, misconduct, and scandals by directors of other well-known corporations such as Lucent Technologies, Kmart, Merck & Co., and Rite Aid Corporation. There also have been disclosures of many instances in which corporate officers and ...


The Commercialisation Of Equity, Man YIP, James LEE 2017 Singapore Management University

The Commercialisation Of Equity, Man Yip, James Lee

Research Collection School Of Law

This paper analyses the jurisprudence on the relevance of the commercial context to principles of the law of equity and trusts. We criticise recent UK Supreme Court decisions in the area (chiefly Williams v Central Bank of Nigeria, FHR European Ventures v Cedar Capital Partners and AIB Group v Mark Redler & Co) and identify a trend of the 'commercialisation' of the issues. The cases are placed in comparative context and it is argued that there is an unsatisfactory pattern of judicial reasoning, exhibiting a preference for some degree of unarticulated flexibility in commercial adjudication. But the price of that flexibility ...


Corporate Tax Avoidance And Honoring The Fiduciary Duties Owed To The Corporation And Its Stockholders, Eric C. Chaffee, Karie Davis-Nozemack 2017 University of Toledo College of Law

Corporate Tax Avoidance And Honoring The Fiduciary Duties Owed To The Corporation And Its Stockholders, Eric C. Chaffee, Karie Davis-Nozemack

Boston College Law Review

Corporate tax avoidance is a pressing issue of both national and international concern. Corporations usually claim that they are legally required to engage in aggressive tax strategies. But this Article proves that claim is incorrect when based upon the fiduciary duties owed to the corporation and its stockholders. Directors and other corporate managers often look to the classic case of Dodge v. Ford, which is ubiquitous in corporate law from the boardroom to the courtroom, as a North Star that guides them toward and defines their fiduciary duties to the corporation and its stockholders. In Dodge, the court held, “A ...


The Public Interest In Corporate Settlements, Brandon L. Garrett 2017 University of Virginia School of Law

The Public Interest In Corporate Settlements, Brandon L. Garrett

Boston College Law Review

Corporate settlements are proliferating in form and function. They include consent decrees, corporate integrity agreements, deferred prosecution agreements, non-prosecution agreements, leniency agreements, and plea bargains. Enforcers at the federal and state level enter an array of administrative, civil, and criminal resolutions of enforcement actions against companies. The reach of these settlements is global, and corporate fines have reached new records, with penalties in the hundreds of billions of dollars affecting entire industries and economies. These settlements have not been studied together as a subject, perhaps because they span very different fields, from antitrust to banking, environmental law, health law, and ...


Stopping Illegal Fishing And Seafood Fraudsters: The Presidential Task Force’S Plan On Tackling Iuu Fishing And Seafood Fraud, Thomas Lampert 2017 Boston College Law School

Stopping Illegal Fishing And Seafood Fraudsters: The Presidential Task Force’S Plan On Tackling Iuu Fishing And Seafood Fraud, Thomas Lampert

Boston College Law Review

Worldwide seafood markets have a major problem: too often, the seafood listed on the menu is of a different species than what is served. This phenomenon—known as seafood fraud—and the related practice of illegal, unreported, and unregulated fishing threatens the sustainability of our oceans, poses health risks to consumers, and forces consumers to pay a high price for a cheap product. Previous domestic and international efforts to combat this issue have failed for a number of reasons, including the international nature of the industry, a byzantine supply chain, the large number of entities responsible for combatting the issue ...


Heroism Science Offers A New Framework For Cultivating Civic Virtue Within Clinical Law Programs, Francina Cantatore, Nickolas J. James 2017 Bond University

Heroism Science Offers A New Framework For Cultivating Civic Virtue Within Clinical Law Programs, Francina Cantatore, Nickolas J. James

Australian Journal of Clinical Education

Law schools have an obligation to produce law graduates who are not only knowledgeable and competent but also committed to working towards the public good. Clinical law programs, and in particular pro bono law clinics, have the potential to provoke a positive personal transformation on the part of the law student, leading to the development of civic virtue, but law schools lack a useful framework for conceptualising, facilitating and evaluating this personal transformation. The emergent field of heroism science provides such a framework. In particular the notion of the ‘hero’s journey’ can be drawn upon to address some of ...


Maine Corporation Law & Practice, 2nd Edition, George F. Eaton II, Kristy M. Smith 2017 University of Maine School of Law

Maine Corporation Law & Practice, 2nd Edition, George F. Eaton Ii, Kristy M. Smith

Maine Law Review

In 2001, several members of the Business Law Section of the Maine Bar Association convened the Corporate Law Revision Committee (the Committee), which set out to adapt the Model Business Corporation Act (the Model Act) for use in Maine. Maine's corporation law had not benefited from a comprehensive over-haul since 1971, and notwithstanding periodic updates of specific components of the statutory regime over the years, a thorough and comprehensive revision was needed to keep pace with modern corporate law and practice in the twenty-first century. The Committee's efforts, under the leadership of James B. Zimpritch, Esq., widely acknowledged ...


A Progressive Case For A Universal Transaction Tax, Gary Chartier 2017 University of Maine School of Law

A Progressive Case For A Universal Transaction Tax, Gary Chartier

Maine Law Review

Federal Reserve Board chair Alan Greenspan’s recent call for tax simplification and his acknowledgement of arguments for a consumption tax may help to place the question of such taxes, including a value-added tax (VAT), on the national political agenda. If the possibility of imposing a VAT does receive significant national attention, the debate it occasions will obviously, and appropriately, focus in part on a variety of technical questions. But normative questions will likely be at issue as well. A VAT is like a sales tax, but is applied at each stage in a product’s development and not merely ...


Trending @ Rwu Law: Michael Bowden's Post: Celebrating Professor Tony Santoro 10-31-2017, Michael Bowden 2017 Roger Williams Univeristy School of Law

Trending @ Rwu Law: Michael Bowden's Post: Celebrating Professor Tony Santoro 10-31-2017, Michael Bowden

Law School Blogs

No abstract provided.


I Profili Nutrizionali: Una Valutazione Critica, Luis González Vaqué 2017 Asociación Iberoamericana para el Dereho Alimentario

I Profili Nutrizionali: Una Valutazione Critica, Luis González Vaqué

Luis González Vaqué

Food law establishes the rights of consumers to safe food and to accurate and honest information.
In the European Union, the labelling rules enable the citizens to get comprehensive information about the content and composition of food products. Labelling helps consumers to make an informed choice while purchasing their foodstuffs.


A Rose By Any Other Name: Elucidating The Intersection Of Patent And Antitrust Laws In Tying Arrangement Cases, Kyle R. Friedman 2017 University of Maine School of Law

A Rose By Any Other Name: Elucidating The Intersection Of Patent And Antitrust Laws In Tying Arrangement Cases, Kyle R. Friedman

Maine Law Review

In Illinois Tool Works Inc. v. Independent Ink, Inc., an ink manufacturer sought to invalidate patents held by a printing system manufacturer by alleging that the patents resulted in illegal tying and monopolization in violation of Sections 1 and 2 of the Sherman Act. This action was preceded by an infringement action brought by Illinois Tool Works (ITW), which was dismissed for lack of personal jurisdiction. Independent Ink (Independent) responded by seeking a judgment of non-infringement and invalidity of patents against ITW. The district court granted summary judgment in favor of ITW on both counts. The court of appeals reversed ...


The Corporation As Sovereign, Allison D. Garrett 2017 University of Maine School of Law

The Corporation As Sovereign, Allison D. Garrett

Maine Law Review

In the past two hundred years, sovereignty devolved from the monarch to the people in many countries; in our lifetimes, it has devolved in several significant ways from the people to the corporation. We are witnesses to the erosion of traditional Westphalian concepts of sovereignty, where the chess game of international politics is played out by nation-states, each governing a certain geographic area and group of people. Eulogies for the nation-state often cite globalization as the cause of death. The causa mortis is characterized by the increase in the power and normative influence of supranational organizations, such as the United ...


Lord Denning’S Influence On Contract Formation In Singapore: An Overdue Demise?, Chia Ming LEE, Wei Yao, Kenny CHNG 2017 Singapore Management University

Lord Denning’S Influence On Contract Formation In Singapore: An Overdue Demise?, Chia Ming Lee, Wei Yao, Kenny Chng

Research Collection School Of Law

In a series of inconsistent decisions by the Singapore courts on contractformation in continuing negotiations cases, Lord Denning’s broad approach—which does away with the traditional offer and acceptance analysis—appearsto have been simultaneously adopted and rejected. This article suggests thatthe continued uncertainty in Singapore regarding the scope of application ofthe traditional approach and Lord Denning’s approach arises from aconflation of both as being substantially similar. This article further arguesthat both approaches are conceptually and practically distinct. A better wayforward for Singapore law in the area of contract formation in continuingnegotiations cases, having regard to developments in English ...


Smart Contracts: Terminology, Technical Limitations And Real World Complexity, Eliza MIK 2017 Singapore Management University

Smart Contracts: Terminology, Technical Limitations And Real World Complexity, Eliza Mik

Research Collection School Of Law

If one is to believe the popular press and many “technical writings,” blockchains create not only a perfect transactional environment but also obviate the need for banks, lawyers and courts. The latter will soon be replaced by smart contracts: unbiased and infallible computer programs that form, perform and enforce agreements. Predictions of future revolutions must, however, be distinguished from the harsh reality of the commercial marketplace and the technical limitations of blockchains. The fact that a technological solution is innovative and elegant need not imply that it is commercially useful or legally viable. Apart from attempting a terminological “clean-up” surrounding ...


Introduction To U.S. Export Controls For The Commercial Space Industry, U.S. Department of Commerce’s Office of Space Commerce, Federal Aviation Administration’s Office of Commercial Space Transportation 2017 University of Nebraska - Lincoln

Introduction To U.S. Export Controls For The Commercial Space Industry, U.S. Department Of Commerce’S Office Of Space Commerce, Federal Aviation Administration’S Office Of Commercial Space Transportation

Documents on Outer Space Law

This guidebook provides basic information to help commercial space organizations, especially emerging entrepreneurial firms, considering business in the international market. It is intended to serve as a starting point in the preparation for the export control process. This is an update to the 2008 edition and reflects changes due to the Export Control Reform initiative. Because most space technologies are subject to export controls, it is your responsibility to be aware of the steps necessary to ensure that your operations are lawful. While this guidebook gives an overview of the general responsibilities and procedures, it cannot replace a full understanding ...


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