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4868 full-text articles. Page 1 of 110.

What We Buy When We "Buy Now", Aaron Perzanowski, Chris Jay Hoofnagle 2016 Case Western Reserve University

What We Buy When We "Buy Now", Aaron Perzanowski, Chris Jay Hoofnagle

Aaron K. Perzanowski

Retailers such as Apple and Amazon market digital media to consumers using the familiar language of product ownership, including phrases like “buy now,” “own,” and “purchase.” Consumers may understandably associate such language with strong personal property rights. But the license agreements and terms of use associated with these transactions tell a different story. They explain that ebooks, mp3 albums, digital movies, games, and software are not sold, but merely licensed. The terms limit consumers' ability to resell, lend, transfer, and even retain possession of the digital media they acquire. Moreover, unlike physical media products, access to digital media is contingent ...


Forum Selling, Daniel M. Klerman, Greg Reilly 2016 USC Law School

Forum Selling, Daniel M. Klerman, Greg Reilly

University of Southern California Legal Studies Working Paper Series

Forum shopping is problematic because it may lead to forum selling. For diverse motives, including prestige, local benefits, or re-election, some judges want to hear more cases. When plaintiffs have wide choice of forum, such judges have incentives to make the law more pro-plaintiff, because plaintiffs choose the court. While only a few judges may be motivated to attract more cases, their actions can have large effects, because their courts will attract a disproportionate share of cases. For example, judges in the Eastern District of Texas have distorted the rules and practices relating to case assignment, joinder, discovery, transfer, and ...


Foreign Nation Judgments - If State Law Provides For The Enforceability Of Foreign Judgments, The Judgment Is Enforceable Without Determination Of Whether The Arbitration Award On Which It Is Based Is Independently Enforceable Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, John W. Kindt 2016 University of Georgia School of Law

Foreign Nation Judgments - If State Law Provides For The Enforceability Of Foreign Judgments, The Judgment Is Enforceable Without Determination Of Whether The Arbitration Award On Which It Is Based Is Independently Enforceable Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, John W. Kindt

Georgia Journal of International & Comparative Law

No abstract provided.


Contracts - Arbitration Agreement - An Arbitration Agreement In An International Contract Is To Be Given Full Effect By Federal Courts Except Where Public Policy Or Equity Dictate Otherwise, James D. Dunham, J. S. Schuster 2016 University of Georgia School of Law

Contracts - Arbitration Agreement - An Arbitration Agreement In An International Contract Is To Be Given Full Effect By Federal Courts Except Where Public Policy Or Equity Dictate Otherwise, James D. Dunham, J. S. Schuster

Georgia Journal of International & Comparative Law

No abstract provided.


The Convention On The Uniform Law Of International Bills Of Exchange And International Promissory Notes: A Comparison To The Uniform Commercial Code, Harold S. White 2016 University of Georgia School of Law

The Convention On The Uniform Law Of International Bills Of Exchange And International Promissory Notes: A Comparison To The Uniform Commercial Code, Harold S. White

Georgia Journal of International & Comparative Law

No abstract provided.


Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight 2016 Contributing Member for IPCLJ (2015-2016), University of Cincinnati College of Law

Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Southern Casualty Order On Motions To Dismiss, Melvin K. Westmoreland 2016 Fulton County Superior Court, Judge

Southern Casualty Order On Motions To Dismiss, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Southern Casaulty Order On Third Party Defendants' Motion To Dismiss Third Party Complaint, Melvin K. Westmoreland 2016 Fulton County Superior Court, Judge

Southern Casaulty Order On Third Party Defendants' Motion To Dismiss Third Party Complaint, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act, Robin B. Gray Jr., George P. Shingler 2016 University of Georgia School of Law

Sovereign Immunity - The State Department’S Decision To Recognize And Allow The Claim Of Sovereign Immunity Is Binding Upon The Courts And Is Not Subject To Review Under The Administrative Procedure Act, Robin B. Gray Jr., George P. Shingler

Georgia Journal of International & Comparative Law

No abstract provided.


Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley 2016 University of Georgia School of Law

Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley

Georgia Journal of International & Comparative Law

No abstract provided.


Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr. 2016 University of Georgia School of Law

Soviet Accession To The Universal Copyright Convention: Possible Implications For Future Foreign Publication Of Dissidents’ Works, Lee J. Ross Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Investment Protection And Icsid Arbitration, Charles Vuylsteke 2016 International Bank for Reconstruction and Development

Foreign Investment Protection And Icsid Arbitration, Charles Vuylsteke

Georgia Journal of International & Comparative Law

No abstract provided.


Homeland Self Storage Mgmt. Llc Et Al Order On Defedants' Motion For Summary Judgment, John J. Goger 2016 Fulton County Superior Court, Judge

Homeland Self Storage Mgmt. Llc Et Al Order On Defedants' Motion For Summary Judgment, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Ainealem "Alex" Gidewon Et Al Order On Defedants' Motion For Summary Judgment, John J. Goger, John J. Goger 2016 Fulton County Superior Court, Judge

Ainealem "Alex" Gidewon Et Al Order On Defedants' Motion For Summary Judgment, John J. Goger, John J. Goger

Georgia Business Court Opinions

No abstract provided.


U.C.C. Section 2-207: When Does An Additional Term Materially Alter A Contract?, Timothy Davis 2016 The Catholic University of America, Columbus School of Law

U.C.C. Section 2-207: When Does An Additional Term Materially Alter A Contract?, Timothy Davis

Catholic University Law Review

In an effort to provide more clarity to a highly confusing area of law, Professor Timothy Davis surveyed ninety-four cases decided between January 1, 2005 and July 1, 2015 to see when additional terms in contracts constitute a material alteration under the U.C.C. The Article identifies the various factors that courts will consider to determine the issue, including (1) the subject matter of the additional term; (2) the test adopted for determining materiality; (3) the conduct of the parties; (4) the presence of course of dealing evidence; and (5) the language of comments four to U.C.C ...


Matthew Campbell Et Al Order On Campbell's Motion To Enforce Settlement Agreement, Alice D. Bonner 2016 Fulton County Superior Court, Judge

Matthew Campbell Et Al Order On Campbell's Motion To Enforce Settlement Agreement, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


The Fictitious Freedom To Contract Around Fraud Under Delaware Law.Pdf, Hao Jiang 2016 Tulane University

The Fictitious Freedom To Contract Around Fraud Under Delaware Law.Pdf, Hao Jiang

Dr. Hao Jiang

In the past 15 years, Delaware courts have consistently allowed a sophisticated party to foreclose fraud claims based on extra-contractual misrepresentations using a disclaimer. However, a survey of the case law revealed that courts dismissed the fraud claims after finding that there was no reasonable/justifiable reliance on the alleged misrepresentation. I conclude that such a freedom to contract around fraud is fictitious. This is because there would be no fraud to start with when justifiable reliance is missing. Therefore, the courts were either right to dismiss the case when they could not find reliance or they decided on the ...


Buriva Llc Et Al Order Dismissing Case Without Prejudice, Elizabeth E. Long 2016 Fulton Count Superior Court Judge

Buriva Llc Et Al Order Dismissing Case Without Prejudice, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


The Standard Investment Agreement: Text And Comments, Philippe Kahn 2016 Université de Dijon

The Standard Investment Agreement: Text And Comments, Philippe Kahn

Georgia Journal of International & Comparative Law

No abstract provided.


Morris Hardwick Schneider Llc Et Al Order Denying Us's Mtn To Intervene And Stay, Melvin K. Westmoreland 2016 Fulton County Superior Court, Judge

Morris Hardwick Schneider Llc Et Al Order Denying Us's Mtn To Intervene And Stay, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


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