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Fortune Favors The Franchisor: Survey And Analysis Of The Franchisee’S Decision Whether To Hire Counsel, Robert W. Emerson
Fortune Favors The Franchisor: Survey And Analysis Of The Franchisee’S Decision Whether To Hire Counsel, Robert W. Emerson
San Diego Law Review
The franchisee-franchisor relationship has often been referred to as the little guy against the big guy. Franchising may encompass the seemingly innocuous defining characteristics of distribution, know-how, brand identification, profits, risk, independence, control, and standards, but there is much more to this relational contract. If parties enter into a franchise or licensing agreement rather than some other business agreement, this does not necessarily insulate the parties from liability. For example, simply because the parties have formed a franchisor-franchisee relationship does not mean the parties did not also form an agent-principal (agency) relationship. In addition to the franchise relationship, the latter …
The Chairman Or The Board? Appointments At Multimember Agencies, Sean Croston
The Chairman Or The Board? Appointments At Multimember Agencies, Sean Croston
San Diego Law Review
For the past 130 years, Congress has alternated between two competing structural visions of ideal administrative agency design—single-administrator versus multimember organization. Over time, Congress has frequently reacted to strong arguments from both sides by approving various arrangements that conflate the two models, particularly with respect to the important but often overlooked authority to appoint “inferior Officers” within multimember agencies. In many cases, the chairmen—or their equivalent—of these multimember boards and commissions retain some or all power to select high-ranking agency staff, whereas their fellow board or commission members have authority over agency rulemaking, adjudication, and other key functions. Although such …