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The Arkansas Code And Georgia V. Public.Resource.Org, Daniel Bell 2021 University of Arkansas, Fayetteville

The Arkansas Code And Georgia V. Public.Resource.Org, Daniel Bell

Arkansas Law Notes

The United States Supreme Court decided Georgia v. Public.Resource.Org, Inc. (“PRO”) in late April, 2020, a case with major implications for those who rely on the Arkansas statutes. The case addressed whether extra materials Georgia includes in its official statutes, the annotations, can be copyrighted, or if they are in the public domain and can be freely distributed without permission. The case pitted two important competing interests against each other: the ability of citizens to freely access the official versions of laws of their state, versus the interests of a third-party publisher in being compensated for its work ...


Business Information And Nondisclosure Agreements: A Public Policy Framework, Rex N. Alley 2021 Northwestern Pritzker School of Law

Business Information And Nondisclosure Agreements: A Public Policy Framework, Rex N. Alley

Northwestern University Law Review

Trade secret law, as codified in the Uniform Trade Secrets Act, gives businesses in nearly every U.S. jurisdiction a uniform, clearly defined right to protect secret and valuable business information from misappropriation. But how can businesses protect information that, while potentially useful, falls short of the legal definition of a trade secret? Businesses often require their employees to sign nondisclosure agreements (NDAs) to protect this category of information, which this Note refers to as “confidential business information” or “CBI.” These CBI NDAs are often drafted so broadly that, read literally, they would encompass every piece of information an employee ...


U.S. Countervailing Duty Law Against Nonmarket Economies: Legal Analysis And Case Studies Of Vietnam, Thuy Quang Ngo 2021 Golden Gate University School of Law

U.S. Countervailing Duty Law Against Nonmarket Economies: Legal Analysis And Case Studies Of Vietnam, Thuy Quang Ngo

Theses and Dissertations

Since 2006, the United States has imposed countervailing duty, in addition to antidumping duty, on imports from Vietnam. This application of countervailing duty has been paradoxical: in order to apply the duty, the U.S. Department of Commerce must recognize that market forces exist in Vietnam, which are distorted by government intervention; at the same time, however, the Department of Commerce (“Commerce”) uses a “nonmarket economy” (“NME”) methodology to calculate the amount of countervailing duty.

This NME methodology looks to surrogate country prices to approximate the extent of government distortion of market forces, and thus the amount of countervailable subsidies ...


Force Majeure, Vis Major, Impossibility, And Impracticability Under Ohio Law Before And After Covid-19, Laura Gates 2021 University of Cincinnati College of Law

Force Majeure, Vis Major, Impossibility, And Impracticability Under Ohio Law Before And After Covid-19, Laura Gates

University of Cincinnati Law Review

No abstract provided.


Market Power And Switching Costs: An Empirical Study Of Online Networking Market, Shin-Ru Cheng 2021 University of Cincinnati College of Law

Market Power And Switching Costs: An Empirical Study Of Online Networking Market, Shin-Ru Cheng

University of Cincinnati Law Review

In recent years, states have launched several antitrust investigations targeting digital platforms. A major difficulty in these investigations is demonstrating the extent of a digital platform’s market power. Market power is defined as the control of the output or the price without the loss of business to competitors. As will be explored in this Article, market power is a critical component in an antitrust analysis. On several occasions, courts have adopted the switching costs approach in their analysis of market power. According to this approach, market power may be inferred when the costs of switching from one supplier to ...


Antitrust Law’S Harm To Competition: A New Understanding Of Exclusivity, Ittai Paldor 2021 Hebrew University Faculty of Law

Antitrust Law’S Harm To Competition: A New Understanding Of Exclusivity, Ittai Paldor

Buffalo Law Review

One of the long-accepted axioms of antitrust law is that the competitive danger posed by exclusivity agreements increases as the market share foreclosed by these arrangements increases. The larger the market share foreclosed by an exclusivity agreement, the less likely the arrangement is to be upheld by courts. And exclusivity arrangements foreclosing extremely large market shares are practically never upheld. The business community has responded by forsaking such arrangements (or concealing them). This Article challenges this very intuitive axiom. It shows that due to an unobserved feature of exclusivity, when extremely large market shares are foreclosed, the competitive danger posed ...


The Federal Option: Delaware As A De Facto Agency, Omari Scott Simmons 2021 University of Washington School of Law

The Federal Option: Delaware As A De Facto Agency, Omari Scott Simmons

Washington Law Review

Despite over 200 years of deliberation and debate, the United States has not adopted a federal corporate chartering law. Instead, Delaware is the “Federal Option” for corporate law and adjudication. The contemporary federal corporate chartering debate is, in part, a referendum on its role. Although the federal government has regulated other aspects of interstate commerce and has the power to charter corporations and preempt Delaware pursuant to its Commerce Clause power, it has not done so. Despite the rich and robust scholarly discussion of Delaware’s jurisdictional dominance, its role as a de facto national regulator remains underdeveloped. This Article ...


Creating Cryptolaw For The Uniform Commercial Code, Carla L. Reyes 2021 Southern Methodist University Dedman School of Law

Creating Cryptolaw For The Uniform Commercial Code, Carla L. Reyes

Washington and Lee Law Review

A contract generally only binds its parties. Security agreements, which create a security interest in specific personal property, stand out as a glaring exception to this rule. Under certain conditions, security interests not only bind the creditor and debtor, but also third-party creditors seeking to lend against the same collateral. To receive this extraordinary benefit, creditors must put the world on notice, usually by filing a financing statement with the state in which the debtor is located. Unfortunately, the Uniform Commercial Code (U.C.C.) Article 9 filing system fails to provide actual notice to interested parties and introduces risk ...


Adding Context And Constraint To Corpus Linguistics, Jeffrey W. Stempel 2021 Brooklyn Law School

Adding Context And Constraint To Corpus Linguistics, Jeffrey W. Stempel

Brooklyn Law Review

Corpus linguistics presents an exciting tool for improving interpretation of documentary language. But it would be a mistake to overvalue the tool or to use it as grounds for ejecting consideration of other data from the interpretative task. While properly operationalized corpus linguistics analysis represents an advancement over traditional textualism, it remains subject to the same problems that plague excessively rigid textualism that refuses to give consideration to contextual evidence of meaning. To be most effective in achieving accurate and just interpretative results, corpus linguistics, like traditional reading of documentary language, requires context. This includes not only the context of ...


Contract Fixer Upper: Addressing The Inadequacy Of The Force Majeure Doctrine In Providing Relief For Nonperformance In The Wake Of The Covid-19 Pandemic, Amy Sparrow Phelps 2021 Villanova University Charles Widger School of Law

Contract Fixer Upper: Addressing The Inadequacy Of The Force Majeure Doctrine In Providing Relief For Nonperformance In The Wake Of The Covid-19 Pandemic, Amy Sparrow Phelps

Villanova Law Review

No abstract provided.


Are You In Or Out? Hong Kong And The Applicability Of The United Nations Convention On Contracts For The International Sale Of Goods, Cullen Threlkeld 2021 University of Georgia School of Law

Are You In Or Out? Hong Kong And The Applicability Of The United Nations Convention On Contracts For The International Sale Of Goods, Cullen Threlkeld

Georgia Journal of International & Comparative Law

No abstract provided.


Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo 2021 University of San Diego

Personal Data Privacy And Protective Federal Legislation: An Exploration Of Constituent Position On The Need For Legislation To Control Data Reliant Organizations Collecting And Monetizing Internet-Obtained Personal Data, Giovanni De Meo

Dissertations

In the past twenty years, the business of online personal data collection has grown at the same rapid pace as the internet itself, fostering a multibillion-dollar personal data collection and commercialization industry. Unlike many other large industries, there has been no major federal legislation enacted to monitor or control the activities of organizations dealing in this flourishing industry. The combination of these factors together with the lack of prior research encouraged this research designed to understand how much voters know about this topic and whether there is interest in seeing legislation enacted to protect individual personal data privacy.

To address ...


Exhaustion Requirements And Dispute Resolution Reform In Bilateral Investment Treaties, William Crowder Gaskins Jr. 2021 University of Georgia School of Law

Exhaustion Requirements And Dispute Resolution Reform In Bilateral Investment Treaties, William Crowder Gaskins Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Law School News: Rwu Law Acquires Top Marine Law Journal 08-19-2021, Michael M. Bowden 2021 Roger Williams University School of Law

Law School News: Rwu Law Acquires Top Marine Law Journal 08-19-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Put A Cork In It: The Use Of H.R. 161 To End Direct Wine Shipping Throughout The States Once And For All, Victoria H. Jones 2021 University of Arkansas, Fayetteville

Put A Cork In It: The Use Of H.R. 161 To End Direct Wine Shipping Throughout The States Once And For All, Victoria H. Jones

Journal of Food Law & Policy

Due to Congress' recent agenda, oenophiles throughout the country are up in arms about the possible threat to their beloved wine. Wine lovers and other alcohol enthusiasts face the very real fear that access to their favorite products may soon be heavily restricted. This is in large part attributed to the fact that House Resolution 1161 would effectively change the ways in which states regulate alcohol shipment. The possible implications of this bill range from the forced shutdown of many wineries and distilleries due to lack of funding, to the smaller effects of regulation such as the inability of customers ...


Powerhouses: A Comparative Analysis Of Blockchain-Enabled Smart Microgrids, Michael Mattioli, Scott J. Shackelford 2021 Indiana University Maurer School of Law

Powerhouses: A Comparative Analysis Of Blockchain-Enabled Smart Microgrids, Michael Mattioli, Scott J. Shackelford

Articles by Maurer Faculty

For over a century, electricity in the United States has been generated and sold mainly by centralized powerplants. Although this model of power collection and distribution has many advantages, resiliency is a growing problem. Brittle infrastructure and growing complexity have made the nation’s power grid less reliable over the past twenty years. Some technologists believe the solution is to go small. In the past five years, small communities in the United States and overseas have built “micro-grids”—networks of roof-top solar panels that store electricity in communal banks of batteries, combined with software that allows homeowners and businesses to ...


Testimony Before The U.S. House Of Representatives Committee On Financial Services On “Addressing Climate As A Systemic Risk: The Need To Build Resilience Within Our Banking And Financial System” In June 2021, Hilary J. Allen 2021 American University Washington College of Law

Testimony Before The U.S. House Of Representatives Committee On Financial Services On “Addressing Climate As A Systemic Risk: The Need To Build Resilience Within Our Banking And Financial System” In June 2021, Hilary J. Allen

Congressional and Other Testimony

No abstract provided.


Privity Vs. Proximity: The Supreme Court’S Erroneous Reading Of The Illinois Brick Doctrine In Apple Inc. V. Pepper, Suzin A. Win 2021 Golden Gate University School of Law

Privity Vs. Proximity: The Supreme Court’S Erroneous Reading Of The Illinois Brick Doctrine In Apple Inc. V. Pepper, Suzin A. Win

Golden Gate University Law Review

The rapid development of the digital marketplace led the United States Supreme Court to revisit the forty-two year old antitrust precedent set in Illinois Brick Co. v. Illinois. In Illinois Brick, the Supreme Court decided that under Section 4 of the Clayton Act, direct purchasers have standing to sue for treble damages due to unfair business practices, while indirect purchasers do not. Over four decades later, in Apple Inc. v. Pepper, the Court reevaluated this doctrine. This time, the Court had to determine which party received the “direct purchaser” status in a situation where plaintiffs bought apps from third-party developers ...


No Time To Waste: Can A State Prevent Nuclear Waste Transportation Within Its Borders Once Yucca Mountain Becomes Operational?, Ryan Franklin 2021 William & Mary Law School

No Time To Waste: Can A State Prevent Nuclear Waste Transportation Within Its Borders Once Yucca Mountain Becomes Operational?, Ryan Franklin

William & Mary Environmental Law and Policy Review

Following the drop of the first atomic bomb over Hiroshima on August 6th, 1945, the United States seriously began contemplating the use of atomic energy not just as a weapon, but as an efficient energy source. President Eisenhower delivered his “Atoms for Peace” speech in front of the United Nations eight years later, effectively launching a massive American campaign to build numerous nuclear power plants to generate enough clean energy to power the entire nation. As these plants were being constructed, however, policymakers and lawmakers who were champions of this endeavor failed to consider the problem of nuclear waste generated ...


Legal Protection Of Shareholders Of The Company Targeted By Friendly Takeover Bid: Analytical Study In Uae Law, Dr. Alaa Al-Nuaimi 2021 Associate Professor of Commercial Law College of Law, Sharjah University

Legal Protection Of Shareholders Of The Company Targeted By Friendly Takeover Bid: Analytical Study In Uae Law, Dr. Alaa Al-Nuaimi

Journal Sharia and Law

Takeover is an important way of economic concentration. The bidder, with a large share holding of company's shares, is expanding his scope economically and geographically, which increases his competitiveness in the market. Takeover also enhances the competitiveness of the company targeted by it, and can improve its performance by leveraging the bidder economic capabilities. However, these advantages are offset by certain flaws, and do not compromise the risks that may be incurred by the shareholders of the company targeted by the takeover bids, as their agreement to sell their shares and thus enable the bidder to achieve his aim ...


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