Regulating Food Waste Management In Indonesia: Do We Need An Omnibus Law (Again)?, 2024 Udayana University, Faculty of Law
Regulating Food Waste Management In Indonesia: Do We Need An Omnibus Law (Again)?, Ni Gusti Ayu Dyah Satyawati, I Nyoman Suyatna, Putu Gede Arya Sumerta Yasa, I Dewa Gede Palguna, Nadeeka Rajaratnam
Indonesia Law Review
Indonesia was regarded to be the world's second-largest food loss and waste-producing country. Food waste contributes the most significant amount in Indonesia compared to other types of waste. This paper aims to discuss three legal issues. First, it identifies, in descriptive-normative means, the legal framework regulating food waste, which is the intersection of two legal regimes: 'the food management' and 'the waste and environmental management”. Second, it presents a comparative study by exploring the more advanced food waste legal frameworks, which take examples from Europe. The third objective is to recommend legal, institutional, and policy steps to mainstream food waste …
Virtual Gaming, Actual Damage: Video Game Design That Intentionally And Successfully Addicts Users Constitutes Civil Battery, 2024 Duke Law
Virtual Gaming, Actual Damage: Video Game Design That Intentionally And Successfully Addicts Users Constitutes Civil Battery, Allison Caffarone
Duke Law & Technology Review
In recent years, there has been increased academic interest in both the neurological effects of compulsive gaming and the potential tort liability of game developers who scientifically engineer games in order to addict users. Scholars from various disciplines are currently debating the scope and potential solutions to the problems associated with Gaming Disorder, now a globally recognized illness. This article contributes to this discussion by offering a multidisciplinary analysis of the scope of video game addiction, its neurological bases, and its relation to the legal rights and responsibilities of victims and game developers. In addition, this article explores the practical …
Educating Deal Lawyers For The Digital Age, 2024 American University, Washington College of Law
Educating Deal Lawyers For The Digital Age, Heather Hughes
Fordham Law Review
Courses and programs that address law and emerging technologies are proliferating in U.S. law schools. Technology-related issues pervade the curriculum. This Essay presents two instances in which new technologies present challenges for deal lawyers. It explores how exposing students to closing opinions practice can prepare them to engage these challenges. Both examples involve common commercial contexts and lessons relevant to students of business associations and of the Uniform Commercial Code. The first, which deals with enforceability opinion letters, presents technical legal difficulties arising from recent developments in law and technology. The second, involving complex doctrines at the heart of financial …
Lopez V. Cintas Corporation: Another Interstate Headache, 2024 Texas A&M University School of Law
Lopez V. Cintas Corporation: Another Interstate Headache, Kyle Chrisman
Texas A&M Law Review
This Note analyzes a 2022 Fifth Circuit opinion concerning two issues: first, whether local delivery drivers are engaged in interstate commerce, and second, who decides challenges to arbitrability. In Lopez v. Cintas Corporation, the Fifth Circuit first held that local delivery drivers are not engaged in interstate commerce because they do not play a direct and necessary role in interstate commerce. Second, the court held that the arbitrator decides challenges to the validity of arbitrability when the challenge could also, if successful, attack the validity of the entire contract. The Fifth Circuit used incorrect reasoning, overemphasizing the crossing of …
An Unfair Method Of Rulemaking: An Application Of Constitutional Doctrines That Oppose The Ftc Rule Banning Non-Competition Agreements, 2024 University of Cincinnati College of Law
An Unfair Method Of Rulemaking: An Application Of Constitutional Doctrines That Oppose The Ftc Rule Banning Non-Competition Agreements, Jared Yaggie
University of Cincinnati Law Review
No abstract provided.
Born In The U.S.A.: Analyzing The Domesticity Of Judgments In The Civil Rico Context, 2024 University of Cincinnati College of Law
Born In The U.S.A.: Analyzing The Domesticity Of Judgments In The Civil Rico Context, Alex Reid
University of Cincinnati Law Review
No abstract provided.
Emerging Technologies And Perfection Of Security Interests: A Financial University Of Uncertainty, 2024 Brooklyn Law School
Emerging Technologies And Perfection Of Security Interests: A Financial University Of Uncertainty, Elizabeth M. Wagenbach
Brooklyn Law Review
Since the founding of Bitcoin in 2009, digital assets, such as cryptocurrency, have exploded in popularity. Cryptocurrency has been associated with stories of immense profit and immense loss. The lucky transactors have been able to capitalize on the price fluctuations of cryptocurrency, while the unlucky transactors became victims of the same volatility, losing tremendous amounts of money. The novelty and ingenuity of cryptocurrency has been coupled with mass confusion to transactors and regulators alike. These early days of cryptocurrency have been characterized by a sort of regulatory tug of war that is a direct result of confusion of what cryptocurrency …
Online Disinhibited Contracts, 2024 Pepperdine University
Online Disinhibited Contracts, Wayne R. Barnes
Pepperdine Law Review
There have been at least two dominant forces at work in the realm of consumer contracting over the past several decades. One has been the rise and domination of the standard form contract (whereby merchants contract with consumers via the use of standardized, boilerplate terms and conditions that consumers do not read or understand). The second force has been the rise of e-commerce and the purchase of goods and services via websites and other online platforms, and the use of “wrap” formation methodology (whereby merchants obtain consumer assent to the online terms and conditions via the consumer’s informal click, scroll, …
No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, 2024 Villanova University Charles Widger School of Law
No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler
Villanova Environmental Law Journal
No abstract provided.
Not-So-Smartphone Disclosures, 2024 University of Maryland Francis King Carey School of Law
Not-So-Smartphone Disclosures, Jeff Sovern, Nahal Heydari
Arkansas Law Review
The consumer credit market, and particularly the credit card market, lacks perfect competition. Though usury laws and regulation of charges are germane to our findings, this Article focuses largely on disclosure. Specifically, we examine whether consumers understand the disclosures mandated for credit cards in the medium in which many consumers now engage in financial transactions. This Article proceeds as follows: Part I presents some basics on consumer protections for credit cards. Part II reviews the literature concerning disclosures on smartphones. Part III discusses our methodology. Part IV reports our findings. Part V suggests some normative implications.
Next-Generation Data Governance, 2024 Duke Law
Next-Generation Data Governance, Kimberly A. Houser, John W. Bagby
Duke Law & Technology Review
The proliferation of sensors, electronic payments, click-stream data, location-tracking, biometric feeds, and smart home devices, creates an incredibly profitable market for both personal and non-personal data. It is also leading to an amplification of harm to those from or about whom the data is collected. Because federal law provides inadequate protection for data subjects, there are growing calls for organizations to implement data governance solutions. Unfortunately, in the U.S., the concept of data governance has not progressed beyond the management and monetization of data. Many organizations operate under an outdated paradigm which fails to consider the impact of data use …
Commercially Reasonable Sales In The 21st Century, 2024 Ohio Northern University
Commercially Reasonable Sales In The 21st Century, David Gray Carlson
Ohio Northern University Law Review
No abstract provided.
Liu And The New Sec Disgorgement Statute, 2024 William & Mary Law School
Liu And The New Sec Disgorgement Statute, Andrew N. Vollmer
William & Mary Business Law Review
In early 2021, Congress enacted a new statute for enforcement cases brought by the Securities and Exchange Commission. The new statute resolved important questions about the availability of disgorgement as a remedy in SEC enforcement cases, but it created other questions. The purpose of this Article is to discuss one interpretive issue that is already arising in the federal courts of appeals.
That interpretive issue is whether “disgorgement” as authorized by the new statute must abide by equitable limitations the Supreme Court imposed on disgorgement relief in SEC cases in Liu v. SEC, 140 S. Ct. 1936 (2020). The …
Thanks For The Lyft: Optimizing Rideshare Safety In Arkansas, 2024 University of Arkansas, Fayetteville
Thanks For The Lyft: Optimizing Rideshare Safety In Arkansas, Addison A. Tucker
Arkansas Law Notes
Rideshare companies such as Uber and Lyft, also known as Transportation Network Companies (“TNCs”), are underregulated and provide little protection to passengers, despite the thousands of women who have reported instances of sexual violence during their trips. This Comment argues that Arkansas law should be modified to strengthen the criminal background checks of potential rideshare drivers, require surveillance during rides, and classify the impersonation of a rideshare driver as a felony.
The Angel Wears Prada, The Devil Buys It On The Realreal: Expanding Trademark Rights Beyond The First Sale Doctrine, 2024 Pepperdine University
The Angel Wears Prada, The Devil Buys It On The Realreal: Expanding Trademark Rights Beyond The First Sale Doctrine, Junajoy Vinoya Frianeza
Pepperdine Law Review
Luxury brands derive their goodwill from the high-class exclusivity and first-rate quality signified in their trademarks. The Trademark Act of 1946, commonly known as the Lanham Act, grants trademark holders the right to control use of their mark. However, under common law, the first sale doctrine restricts trademark protection after holders authorize the initial sale of their trademarked product. Such limitation particularly jeopardizes the luxury industry as trademark holders ultimately bear the loss of goodwill when counterfeit luxury goods enter the market due to the negligence of resellers. This Comment illustrates how blockchain authentication offers all luxury industry participants—the brands, …
The Need For Corporate Guardrails In U.S. Industrial Policy, 2024 Seattle University School of Law
The Need For Corporate Guardrails In U.S. Industrial Policy, Lenore Palladino
Seattle University Law Review
U.S. politicians are actively “marketcrafting”: the passage of the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act collectively mark a new moment of robust industrial policy. However, these policies are necessarily layered on top of decades of shareholder primacy in corporate governance, in which corporate and financial leaders have prioritized using corporate profits to increase the wealth of shareholders. The Administration and Congress have an opportunity to use industrial policy to encourage a broader reorientation of U.S. businesses away from extractive shareholder primacy and toward innovation and productivity. This Article examines discrete opportunities within the …
Controlling Moral Hazard In Limited Liability With The Consumer Sales Practices Act, 2024 Notre Dame Law School
Controlling Moral Hazard In Limited Liability With The Consumer Sales Practices Act, Nathaniel Vargas Gallegos
Journal of Legislation
The few states that have passed the Model Consumer Sales Practices Act have common definitions and case law regarding the definition of a “supplier.” This definition is broad enough to include managers of companies in limited liability entities in the states that have adopted the model act. The practicality is that business principals, owners, and managers can be held personally liable for deceptive practices under the state acts. But this is not a piercing of the corporate veil or of the limited-liability company. This Article is meant to accomplish four purposes: (1) exhibit the origins of the act, (2) show …
Table Of Contents, 2024 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Public Primacy In Corporate Law, 2024 Seattle University School of Law
Public Primacy In Corporate Law, Dorothy S. Lund
Seattle University Law Review
This Article explores the malleability of agency theory by showing that it could be used to justify a “public primacy” standard for corporate law that would direct fiduciaries to promote the value of the corporation for the benefit of the public. Employing agency theory to describe the relationship between corporate management and the broader public sheds light on aspects of firm behavior, as well as the nature of state contracting with corporations. It also provides a lodestar for a possible future evolution of corporate law and governance: minimize the agency costs created by the divergence of interests between management and …
Shareholder Primacy Versus Shareholder Accountability, 2024 Seattle University School of Law
Shareholder Primacy Versus Shareholder Accountability, William W. Bratton
Seattle University Law Review
When corporations inflict injuries in the course of business, shareholders wielding environmental, social, and governance (“ESG”) principles can, and now sometimes do, intervene to correct the matter. In the emerging fact pattern, corporate social accountability expands out of its historic collectivized frame to become an internal subject matter—a corporate governance topic. As a result, shareholder accountability surfaces as a policy question for the first time. The Big Three index fund managers, BlackRock, Vanguard, and State Street, responded to the accountability question with ESG activism. In so doing, they defected against corporate legal theory’s central tenet, shareholder primacy. Shareholder primacy builds …