Executive Order 14036: Promoting Competition?, 2023 University of Richmond School of Law
Executive Order 14036: Promoting Competition?, Holly E. Fredericksen
University of Richmond Law Review
Four million Americans left their jobs in July 2021. By the end of that month, the number of open jobs reached an all-time high: 10.9 million. Employees are walking out the door in record numbers as part of a trend so remarkable, we even gave it a name: the Great Resignation. With 4.3 million Americans quitting their jobs in January 2022 and 11.3 million job openings, the Great Resignation is only gaining momentum and showing no signs of slowing down.
And as a consequence of employees exiting in droves, employers are hurting. According to The Work Institute, turnover costs employers …
We Are Never Getting Back Together: A Statutory Framework For Reconciling Artist/Label Relationships, 2023 University of Washington School of Law
We Are Never Getting Back Together: A Statutory Framework For Reconciling Artist/Label Relationships, Harrison Simons
Washington Law Review Online
Taylor Swift could tell you a thing or two about record label drama. Artists like Swift who want to break into the big leagues and top the charts must rely on record labels’ deep pockets and institutional knowledge to do so. But artists, especially young ones, are often asked to sign deals with labels that leave them with little control over their careers. For many, the risk is worth the reward. However, many others come to regret their decision, with careers that languish or sputter out in label purgatory. Anyone with an ear for the music industry knows that artist-label …
Clicking Away Consent: Establishing Accountability And Liability Apportionment In Direct-To-Consumer Healthcare Artificial Intelligence, 2023 Brooklyn Law School
Clicking Away Consent: Establishing Accountability And Liability Apportionment In Direct-To-Consumer Healthcare Artificial Intelligence, Stephanie L. Lee
Brooklyn Law Review
Artificial Intelligence (AI) and machine learning are making sweeping changes across all industries, and health care is no exception. AI promises to revolutionize patient treatment with the development of algorithm-driven tools to improve efficiency in clinical care. As alluring as machine-driven learning may be given its potentialities, however, the incorporation of AI into the healthcare field has also been received with trepidation. This fear is understandable given the lack of transparency to the public surrounding the exact mechanisms for creating algorithms and the reasoning followed by the software. Indeed, AI in the healthcare system is aptly known as “black-box medicine.” …
A Contractual Approach To Choice Of Law Rules For Forum Selection Clauses, 2023 The University of Akron
A Contractual Approach To Choice Of Law Rules For Forum Selection Clauses, Shahar Avraham-Giller
Akron Law Review
A common practice in commercial agreements is to include a clause setting out where litigation will take place in case of a dispute between the contracting parties (a “forum selection clause”). The natural expectation of parties using such clauses is that in the event of litigation between them, this stipulation will be treated the same way as other contractual stipulations, including in the context of conflict of laws. According to the general principles of choice of law rules for contracts, the law of the contract should govern the validity and interpretation of forum selection clauses. In the case of a …
The Reluctant Lawmaker. The European Union And The Regulation Of Gambling Between The Principle Of Free Circulation Of Services And Member States Prerogatives, 2023 University of Turin
The Reluctant Lawmaker. The European Union And The Regulation Of Gambling Between The Principle Of Free Circulation Of Services And Member States Prerogatives, Nadia Coggiola Ph.D
International Conference on Gambling & Risk Taking
Abstract
Although the European Union legislator is generally very keen to rely primarily and sometimes even exclusively on economic considerations, and therefore to generally protect consumers’ interests, this attitude is largely different when gambling issues are a stake.
In fact, even if it is generally undisputed, also by the same European Union legislator, that authorized gambling contracts are to be considered as consumers’ contracts, when facing the regulation of gambling contracts, the European Union often restrains from using all of its legislative powers.
As a consequence, the European legislation on consumer’s contracts generally explicitly exclude from its application gambling contracts, …
Part Ii: Commercial Law Harmonization: The Past As Prologue—A “Festschrift” In Honor Of Neil B. Cohen, 2023 Brooklyn Law School
Part Ii: Commercial Law Harmonization: The Past As Prologue—A “Festschrift” In Honor Of Neil B. Cohen, Edward J. Janger
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
Commercial Law Harmonization: The Role Of The United States, 2023 Brooklyn Law School
Commercial Law Harmonization: The Role Of The United States, Hal Burman
Brooklyn Journal of Corporate, Financial & Commercial Law
The modern field of transnational commercial law harmonization began in the United States in the mid-1960s; the international basis of that began in the mid-1940s. Before that, a limited number of areas of private international law (PIL) had active participation of US interests, such as maritime law. US participation internationally effectively began in the middle 1960s. Developments parallel to commercial law have been significant in the areas of applicable law, jurisdiction, commercial arbitration, family law, and other fields – all important areas of transnational law, but beyond the scope of this symposium. Each of these areas of law, while affecting …
Neil Cohen’S Contribution To Uniform Secured Finance Law, 2023 Brooklyn Law School
Neil Cohen’S Contribution To Uniform Secured Finance Law, Spyridon V. Bazinas
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article discusses Neil Cohen’s contribution to uniform secured finance law and, in particular, to the UNCITRAL Model Law on Secured Transactions. It does so by focusing on the misgivings Neil Cohen had expressed before, and his reflections on those misgivings after, the preparation of the Model Law. The discussion presents Neil Cohen as is generally known, as a distinguished scholar, but also as he is known to his friends and colleagues, as a person with rare qualities.
Same Old Story, New Solution: Force Majeure Deficiencies In The Wake Of Covid-19 And An Unorthodox Approach To Drafting It, 2023 Brooklyn Law School
Same Old Story, New Solution: Force Majeure Deficiencies In The Wake Of Covid-19 And An Unorthodox Approach To Drafting It, Steven H. Dovi
Brooklyn Journal of Corporate, Financial & Commercial Law
On January 20, 2020, the Centers for Disease Control and Prevention reported the first laboratory-confirmed case of the 2019 Novel Coronavirus (COVID-19) on American soil.[1] On March 8, 2021—more than a year later—the United States District Court for the Southern District of New York decided Gap v. Ponte Gadea New York.[2] It ruled, inter alia, that the COVID-19 pandemic, in keeping with the relevant provision’s narrow tailoring, did not amount to a force majeure event and a defense to breach.[3] While seemingly one of the first decisions of its kind in the Southern District, this Note argues that the holding …
Reforming The Law Reform Ecosystem, 2023 Brooklyn Law School
Reforming The Law Reform Ecosystem, Timothy Schnabel
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article outlines a series of reforms that would make global law reform efforts more effective and efficient. These efforts currently occur primarily in three multilateral organizations (UNCITRAL, UNIDROIT, and the Hague Conference). The member states of these organizations could easily increase coordination—even to the point of de facto consolidation of the organizations’ work—and could increase the attention given to selecting projects and promoting instruments. Additionally, the U.S. government could organize plurilateral law reform efforts outside these organizations and draw on U.S. domestic law reform efforts to identify new topics for work. Finally, non-government actors could themselves coordinate across the …
Frustrating Morals: Is There An Implied Reverse Morals Clause In Publishing Agreements?, 2023 Brooklyn Law School
Frustrating Morals: Is There An Implied Reverse Morals Clause In Publishing Agreements?, Matthew L. Fulton
Brooklyn Journal of Corporate, Financial & Commercial Law
In response to the #MeToo movement and the widespread condemnation of public figures for misconduct, book publishers adopted a standard contract provision used in other entertainment industries called a morals clause. Morals clauses allow a publisher to terminate the agreement if the author is subject to public condemnation. Although these provisions provide robust protection for publishers, these one-sided clauses provide no such protection for authors if publishers are subject to similar condemnation. Although authors may not have the leverage to negotiate reciprocal morals clauses, some authors may have an implied reverse morals clause through the frustration of purpose defense to …
Sec V. Panuwat: The Federal Pursuit Of Shadow Trading, 2023 Brooklyn Law School
Sec V. Panuwat: The Federal Pursuit Of Shadow Trading, Kayla Kershen
Brooklyn Journal of Corporate, Financial & Commercial Law
In 2021, the SEC filed a complaint against a biopharmaceutical executive, Matthew Panuwat, for trading on material non-public information in violation of both the federal securities laws and his employer’s company policies. However, because the subject of the confidential information was not his employer, but a similarly situated peer company, Panuwat’s conduct constitutes “shadow trading.” The SEC’s enforcement, and the Northern District of California’s subsequent approval, indicate that company insiders may face liability for shadow trading. However, as written, the SEC arguably bases its attachment of federal liability on the company policies that Panuwat was bound by and violated. This …
From Models To Mannequins: The Oxymoronic Equation Of International Labor Law Standards In The World Of Fashion, 2023 Cleveland State University
From Models To Mannequins: The Oxymoronic Equation Of International Labor Law Standards In The World Of Fashion, Namrata Bhowmik, Naman Anand
Cleveland State Law Review
Fashion law is an emerging field that addresses the legal issues that arise in the fashion industry. With the rapid growth and globalization of the fashion industry, there is an increasing need for specialized legal guidance in this area. Fashion law encompasses a wide range of legal issues, including intellectual property, contract law, employment law, international trade law, and environmental law.
One of the main drivers behind the need for fashion law is the rise of counterfeiting and intellectual property theft in the fashion industry. With the proliferation of ecommerce and social media, it has become easier than ever for …
Contracting As A Class, 2023 Brigham Young University Law School
Contracting As A Class, Caleb N. Griffin
BYU Law Review
Contract law is stuck in a loop of path dependency and stale precedent. Its metaphors, like “the meeting of the minds,” are today laughably implausible. Its values, like “consent,” have been stripped of any real meaning. No one reads or understands the overwhelming majority of contracts to which they agree. And no one should. Reading them is meaningless, because it simply does not matter what they say. Individuals must agree to them – indeed, are effectively forced to agree to them – if they wish to participate in the modern world.
Modern digital contracting is not a collaborative process. Today, …
Pelaksanaan Perjanjian Akibat Terjadinya Wanprestasi Karena Pandemi Covid-19: Studi Perbandingan Di Indonesia Dan Malaysia, 2023 Universitas Indonesia
Pelaksanaan Perjanjian Akibat Terjadinya Wanprestasi Karena Pandemi Covid-19: Studi Perbandingan Di Indonesia Dan Malaysia, Nadya Aurelia Salsabila
Lex Patrimonium
The Covid-19 pandemic has had a significant impact on various aspects of people’s lives, one of which is the existence of contracts whose implementation has been disrupted because there are some of parties who cannot fulfill their achievements or contractual obligations by postulating the Covid-19 pandemic as a category of force majeure. This research discusses the implementation of contracts due to defaults due to the Covid-19 pandemic in Indonesia and Malaysia. The method used is normative juridical by examining laws and regulations and court decisions in the two countries which are the focus of comparison in this research. The conclusion …
Penerapan Itikad Baik Dan Kebebasan Berkontrak Pada Jaminan Kebendaan Berdasarkan Perjanjian Fasilitas Pinjaman (Facility Agreement) Dalam Sengketa Kepailitan: Studi Kasus Putusan Pengadilan Niaga Nomor 3/Pdt.Sus-Lain Lain/2021/Pn Niaga Mdn Jo. Nomor 7/Pdt.Sus-Pkpu/2018/Pn Niaga Mdn, Tarissa Zahira Hidayansyah, Prof. Dr. Rosa Agustina, S.H.,M.H
Lex Patrimoniumss
The principle of good faith is a general principle of contract law used as a form of limitation of the parties in exercising freedom of contract. The principle of good faith is used to determine the parties' intentions in carrying out the agreement, which is assessed based on statutory regulations, decency, customs, good decency, and public order, as emphasized in articles 1337 and 1339 of the Civil Code. However, there is no clear definition of interpreting good faith in a particular legal action which brings a variety of perspectives and opinions in interpreting the good faith of a legal action. …
Urgensi Pengawasan Terhadap Penyedia Jasa Pengiriman Dalam Kegiatan E-Commerce: Studi Komparasi Indonesia Dengan Malaysia, 2023 University of Indonesia
Urgensi Pengawasan Terhadap Penyedia Jasa Pengiriman Dalam Kegiatan E-Commerce: Studi Komparasi Indonesia Dengan Malaysia, Lydia Azzahro Silparensi, Abdul Salam
Lex Patrimonium
Delivery service providers are a role that is needed, especially with the increase in e-commerce activity. However, the implementation of courier services is still lacking in overcoming these problems. As an effort to increase supervision while adapting it to consumer needs, an analysis was carried out using a normative juridical method by comparing the two institutions between Indonesia and Malaysia. Institutions in Malaysia are different from Indonesia which are under the auspices of the Ministry of Communication and Informatics, that the Malaysian Institution known as the Malaysian Communications and Multimedia Commission is an institution whose role is to oversee communication …
Aspek Keperdataan Terhadap Arisan Online: Studi Kasus Putusan Nomor 1/Pdt.G.S/2021/Pn. Trt, 2023 Universitas Indonesia
Aspek Keperdataan Terhadap Arisan Online: Studi Kasus Putusan Nomor 1/Pdt.G.S/2021/Pn. Trt, Catherine Sukutania, Abdul Salam
Lex Patrimoniumss
The development of communication technology gave birth to various phenomena in society, one of which is the arisan online phenomenon. Previously, arisan was often found in the midst of Indonesian society and was carried out conventionally by holding meetings between its members. Currently, arisan can be found online through various social media with various types and methods of implementation. In arisan, there is an engagement relationship between members of the arisan and the chairman or owner of the arisan. In general, arisan is carried out only with an oral agreement between the members and the chairman. Online arisan activities are …
Economic Recession As The Basis For Termination Of Employment Due To Force Majeure In Indonesia, 2023 University of Indonesia, Depok
Economic Recession As The Basis For Termination Of Employment Due To Force Majeure In Indonesia, Khalillah Lenggogeni
Lex Patrimoniumss
The economy is the most influential aspect in society. The Economics situation is one of the considerations in fulfilling achievements in agreements. The purpose of this study is to examine the economic recession that can be used as a reason for termination of employment due to force majeure in Law No. 13 of 2003 concerning Manpower. This research is a normative juridical research. The state of the company's economy, which is often affected by the country's economic growth, is often one of the factors why companies have to terminate their employment. The termination of employment under the pretext of an …
Kepastian Hukum Perjanjian Perkawinan Yang Tidak Didaftarkan (Studi Kasus Putusan Pengadilan No.449/Pdt/2016/Pt.Bdg), 2023 Universitas Indonesia
Kepastian Hukum Perjanjian Perkawinan Yang Tidak Didaftarkan (Studi Kasus Putusan Pengadilan No.449/Pdt/2016/Pt.Bdg), Gita Ramadhanti, Nurul Elmiyah, Lauditta Humaira
Lex Patrimoniumss
A marital agreement is made to abolish the joint assets between husband and wife. The marital agreement was also made to protect personal assets and facilitate the management of matrimonial assets. The marital agreement must be stated in a notarial deed in written form attended by the parties and witnesses. After issuing the marital agreement deed, it must be registered by the marriage registrar at the Office of Religious Affairs or the Department of Population and Civil Registration to reach the perfect procedures. The registration of marital agreements is an implementation of a publicity principle in Article 29, paragraph (1) …