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Articles 1 - 8 of 8
Full-Text Articles in Law
Consumer Preferences For Performances Defaults, Franklin G. Snyder, Ann M. Mirabito
Consumer Preferences For Performances Defaults, Franklin G. Snyder, Ann M. Mirabito
Faculty Scholarship
Commercial law in the United States is designed to facilitate private transactions, and thus to enforce the presumed intent of the parties, who generally are free to negotiate the terms they choose. But these contracts inevitably have gaps, both because the parties cannot anticipate every situation that might arise from their relationship, and because negotiation is not costless. When courts are faced with these gaps in a litigation context, they supply default terms to fill them. These defaults usually are set to reflect what courts believe similar parties would have agreed to if they had addressed the issue. These "majoritarian" …
Antitrust And Intellectual Property: A Brief Introduction, Keith N. Hylton
Antitrust And Intellectual Property: A Brief Introduction, Keith N. Hylton
Faculty Scholarship
Intellectual property law and antitrust have been described as conflicting bodies of law, and the reason is easy to see. Antitrust law aims to protect consumers from the consequences of monopolization. Intellectual property law seeks to enhance incentives to innovate by granting monopolies in ideas or expressions of ideas. The purpose of this chapter is to explore the purported conflict between antitrust and intellectual property. The chapter is largely descriptive, and focuses on current or developing litigation rather than historical controversies. Many of the modern examples of conflict can be attributed to problems of classification.
Current Trends In Consumer Junk Debt Buyer Litigation, Peter Holland
Current Trends In Consumer Junk Debt Buyer Litigation, Peter Holland
Faculty Scholarship
No abstract provided.
Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L. Sobol
Charging The Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons, Neil L. Sobol
Faculty Scholarship
Debtors’ prisons should no longer exist. While imprisonment for debt was common in colonial times in the United States, subsequent constitutional provisions, legislation, and court rulings all called for the abolition of incarcerating individuals to collect debt. Despite these prohibitions, individuals who are unable to pay debts are now regularly incarcerated, and the vast majority of them are indigent. In 2015, at least ten lawsuits were filed against municipalities for incarcerating individuals in modern-day debtors’ prisons. Criminal justice debt is the primary source for this imprisonment.
Criminal justice debt includes fines, restitution charges, court costs, and fees. Monetary charges exist …
Stopping Deceptive Health Claims: The Need For A Private Right Of Action Under Federal Law, Diane Hoffmann, Jack Schwartz
Stopping Deceptive Health Claims: The Need For A Private Right Of Action Under Federal Law, Diane Hoffmann, Jack Schwartz
Faculty Scholarship
This is the accepted version of the article. The final published version is available at
https://journals.sagepub.com/doi/abs/10.1177/0098858816644715
Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra
Use Of Facial Recognition Technology For Medical Purposes: Balancing Privacy With Innovation, Seema Mohapatra
Faculty Scholarship
No abstract provided.
The Notion And Practice Of Reputation And Professional Identity In Social Networking: From K-12 Through Law School, Roberta Bobbie Studwell
The Notion And Practice Of Reputation And Professional Identity In Social Networking: From K-12 Through Law School, Roberta Bobbie Studwell
Faculty Scholarship
No abstract provided.
The Reciprocal Of Macpherson V. Buick Motor Company, Anita Bernstein
The Reciprocal Of Macpherson V. Buick Motor Company, Anita Bernstein
Faculty Scholarship
No abstract provided.