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When A Promise Is Not A Promise: Georgia's Law On Non-Compete Agreements, As Interpreted By The Eleventh Circuit In Keener V. Convergys Corporation, Gives Rise To Comity And Federalism Concerns, Christopher D. David 2016 University of Georgia School of Law

When A Promise Is Not A Promise: Georgia's Law On Non-Compete Agreements, As Interpreted By The Eleventh Circuit In Keener V. Convergys Corporation, Gives Rise To Comity And Federalism Concerns, Christopher D. David

Journal of Intellectual Property Law

No abstract provided.


A New Technology Question Of Olympic Proportions: Should Nbc's License To Broadcast The Games Include Internet Broadcasting Rights?, Brandi Barnes Kellis 2016 University of Georgia School of Law

A New Technology Question Of Olympic Proportions: Should Nbc's License To Broadcast The Games Include Internet Broadcasting Rights?, Brandi Barnes Kellis

Journal of Intellectual Property Law

No abstract provided.


Infancy, Statutes Of Fraud And Limitations, 2016 St. John's University School of Law

Infancy, Statutes Of Fraud And Limitations

The Catholic Lawyer

No abstract provided.


Minding Your Own Business: Privacy Policies In Principle And In Practice, Scott Killingsworth 2016 Powell, Goldstein, Frazer & Murphy

Minding Your Own Business: Privacy Policies In Principle And In Practice, Scott Killingsworth

Journal of Intellectual Property Law

No abstract provided.


After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien Hylton 2016 Boston University School of Law

After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien Hylton

Pace Law Review

This is a story about a union and a private sector employer who repeatedly negotiated collective bargaining agreements which referenced side contracts which provided retirees with post-employment healthcare benefits. In the early decades of their relationship neither the union nor the employer appear to have given any thought to whether or not these retiree health benefits in fact vested—i.e. were promised to retirees at no cost for the remainder of their lives. By the 1980s and certainly the 1990s however, as health care costs soared and life expectancy expanded, both parties continued to regularly re-negotiate agreements that were ...


Copyright And Contract Law: Regulating User Contracts: The State Of The Art And A Research Agenda, Estelle Derclaye, Marcella Favale 2016 University of Georgia School of Law

Copyright And Contract Law: Regulating User Contracts: The State Of The Art And A Research Agenda, Estelle Derclaye, Marcella Favale

Journal of Intellectual Property Law

No abstract provided.


Uniform Commercial Code Article 2b & The State Contract Law-Federal Intellectual Property Law Interface: Can State Statutes Even Begin To Address Copyright Preemption Of Shrink-Wrap Licenses?, Elizabeth J. McClure 2016 University of Georgia School of Law

Uniform Commercial Code Article 2b & The State Contract Law-Federal Intellectual Property Law Interface: Can State Statutes Even Begin To Address Copyright Preemption Of Shrink-Wrap Licenses?, Elizabeth J. Mcclure

Journal of Intellectual Property Law

No abstract provided.


Happy Warriors Against "Herein", Adam L. Rosman 2016 First Data Corporation

Happy Warriors Against "Herein", Adam L. Rosman

Center Projects

No abstract provided.


Three Problems (And Two Solutions) In The Law Of Partnership Formation, Shawn Bayern 2016 Florida State University College of Law

Three Problems (And Two Solutions) In The Law Of Partnership Formation, Shawn Bayern

University of Michigan Journal of Law Reform

This Article considers several foundational questions concerning the formation of general partnerships, a topic that has received little modern attention and that is governed largely by classical axioms rather than adaptive modern considerations. Its three main topics concern (1) the timing of partnership formation, (2) the aggregation of multiple distinct questions under the single heading of “partnership formation,” and (3) the rarely challenged proposition that general partners ought to be liable for partnership obligations, a doctrine that is surprisingly at odds with the rest of modern business-entity law.


Dancing Around Contracts And Business Ethics: Lessons From Arthur Murray, Daniel M. Warner 2016 Villanova University Charles Widger School of Law

Dancing Around Contracts And Business Ethics: Lessons From Arthur Murray, Daniel M. Warner

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Property, Duress, And Consensual Relationships, David Blankfein-Tabachnick 2016 Michigan State University College of Law

Property, Duress, And Consensual Relationships, David Blankfein-Tabachnick

Michigan Law Review

Professor Seana Valentine Shiffrin has produced an exciting new book, Speech Matters: On Lying, Morality, and the Law. Shiffrin’s previous rigorous, careful, and morally sensitive work spans contract law, intellectual property, and the freedoms of association and expression. Speech Matters is in line with Shiffrin’s signature move: we ought to reform our social practices and legal and political institutions to, in various ways, address or accommodate moral values—here, a stringent moral prohibition against lying, a strident principle of promissory fidelity, that is, the principle that one ought to keep one’s promises, and the general value of ...


Understanding Privacy Policies: Content, Self-Regulation, And Markets, Florencia Marotta-Wurgler 2016 NYU School of Law

Understanding Privacy Policies: Content, Self-Regulation, And Markets, Florencia Marotta-Wurgler

New York University Law and Economics Working Papers

The current regulatory approach to consumer information privacy is based on a “notice and choice” self-regulation model, but commentators disagree on its impact. I conduct a comprehensive empirical analysis of 261 privacy policies across seven markets and measure the extent to which they comply with the self-regulatory guidelines of the Federal Trade Commission (FTC), US-EU Safe Harbor Agreement, and others. I track terms involving notice, data collection, sharing, enforcement, security, and other practices, and create a measure of substantive protections. The average policy complies with 39% of the FTC guidelines issued in 2012, and there is no evidence that firms ...


Freedom Of Contract Under State Supervision.Pdf, Hao Jiang 2016 Tulane Law School

Freedom Of Contract Under State Supervision.Pdf, Hao Jiang

Hao Jiang Esq.

This study investigates the theoretical obstacles freedom of contract brings to an economy where state ownership is pervasive while the market is not sufficiently competitive such as China. Contrary to the arguments made by existing literatures that attributed all the conflicts of interest between state and private investors and related agency problems to the state ownership and dual role of state as a regulator and market player, and that adoption of unitary treatments to state and private ownerships alike as the solution, I attribute most of the obstacles in the contract law theories to the absence of a free market ...


Freedom Of Contract Under State Supervision.Pdf, Hao Jiang 2016 Selected Works

Freedom Of Contract Under State Supervision.Pdf, Hao Jiang

Dr. Hao Jiang

This study investigates the theoretical obstacles freedom of contract brings to an economy where state ownership is pervasive while the market is not sufficiently competitive such as China. Contrary to the arguments made by existing literatures that attributed all the conflicts of interest between state and private investors and related agency problems to the state ownership and dual role of state as a regulator and market player, and that adoption of unitary treatments to state and private ownerships alike as the solution, I attribute most of the obstacles in the contract law theories to the absence of a free market ...


Complex Business Contracts: Lessons From Mining Agreements, Erich Schanze 2016 University of St. Thomas, Minnesota

Complex Business Contracts: Lessons From Mining Agreements, Erich Schanze

University of St. Thomas Law Journal

No abstract provided.


Modifying At-Will Employment Contracts, Rachel Arnow-Richman 2016 University of Denver Strum College of Law

Modifying At-Will Employment Contracts, Rachel Arnow-Richman

Boston College Law Review

This Article addresses the problem of “mid-term” modification of employment—the common employer practice of introducing adverse changes in incumbent employees’ terms of employment on penalty of termination. It calls for a universal reasonable notice rule under which courts would enforce mid-term modifications only where the worker received reasonable advance notice of the change. An employer’s sudden imposition of new terms prevents employees from exercising what is often their only form of bargaining power —the ability to credibly threaten departure. Rejecting retrograde judicial approaches that turn on the presence or absence of consideration, the Article argues for a “procedural ...


At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits, Jarod S. Gonzalez 2016 The Catholic University of America, Columbus School of Law

At The Intersection Of Religious Organization Missions And Employment Laws: The Case Of Minister Employment Suits, Jarod S. Gonzalez

Catholic University Law Review

Reviewing the intersection of a religious organization’s right to select employees based on their goals and mission and modern employment law, this article argues that the analysis of the ministerial exception will depend on the type of suit brought. Specifically, the Article identifies five analytical categories: (1) employment discrimination/employment retaliation claims; (2) breach of employment contract claims; (3) whistleblower claims; (4) tort claims; and (5) miscellaneous claims.

The Article begins by describing the ministerial exception and ecclesiastical abstention doctrines that exist under the First Amendment through the lens of the Supreme Court’s decision in Hosanna-Tabor Evangelical Lutheran ...


Unhitching The Trailer Clause: The Rights Of Inventive Employees And Their Emploers, Marc B. Hershovitz 2016 University of Georgia School of Law

Unhitching The Trailer Clause: The Rights Of Inventive Employees And Their Emploers, Marc B. Hershovitz

Journal of Intellectual Property Law

No abstract provided.


La Registración Del Fideicomiso, Carlos Molina Sandoval 2016 University of Córdoba, Argentina

La Registración Del Fideicomiso, Carlos Molina Sandoval

Carlos Molina Sandoval

La regulación de la registración del contrato de fideicomiso en el Cód. Civ. y Com. es insuficiente e incorrecta. No quedan claros los alcances, límites y efectos de la publicidad registral de un acto jurídico que tiene una especial dinámica negocial. La actual regulación deja más dudas que certezas y ello deriva en una menor seguridad jurídica exigida para estos actos. Se impone como necesaria una modificación del texto legal que permita su adaptación al sistema jurídico general y que regule los efectos de la inscripción del contrato de fideicomiso —o de su falta de
registración—.


Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer 2016 Touro Law School

Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer

Touro Law Review

No abstract provided.


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