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Full-Text Articles in Law
The Search Interest In Contract, Joshua Fairfield
The Search Interest In Contract, Joshua Fairfield
Articles by Maurer Faculty
Parties often do not negotiate for contract terms. Instead, parties search for the products, terms, and contractual counterparties they desire. The traditional negotiation-centered view of contract leads courts to try to determine the meaning of the parties where no meaning was negotiated and to waste time determining the benefits of bargains that were never struck. Further, while courts have ample tools to validate specifically negotiated contract terms, they lack the tools to respond to searched-for terms. Although the law and literature have long recognized that there is a disconnect between the legal fictions of negotiation and the reality of contracting …
Database Protection In The United States Is Alive And Well: Comments On Davison, Marshall A. Leaffer
Database Protection In The United States Is Alive And Well: Comments On Davison, Marshall A. Leaffer
Articles by Maurer Faculty
No abstract provided.
"Stranger Than Fiction": Taxing Virtual Worlds, Leandra Lederman
"Stranger Than Fiction": Taxing Virtual Worlds, Leandra Lederman
Articles by Maurer Faculty
Virtual worlds, including massive multi-player on-line role-playing games (game worlds), such as City of Heroes, Everquest, and World of Warcraft, have become popular sources of entertainment. Game worlds provide scripted contexts for events such as quests. Other virtual worlds, such as Second Life, are unstructured virtual environments that lack specific goals but allow participants to socialize and engage virtually in such activities as shopping or attending a concert. Many of these worlds have become commodified, with millions of dollars of real-world trade in virtual items taking place every year. Most game worlds prohibit these real market transactions, but some worlds …