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Full-Text Articles in Law
Smart Contracts, Blockchain, And The Next Frontier Of Transactional Law, Scott A. Mckinney, Rachel Landy, Rachel Wilka
Smart Contracts, Blockchain, And The Next Frontier Of Transactional Law, Scott A. Mckinney, Rachel Landy, Rachel Wilka
Washington Journal of Law, Technology & Arts
Smart contracts are an emerging technology that could revolutionize commercial transactions by eliminating inefficiencies and uncertainty created by the current transactional ecosystem of lawyers, courts, regulators, banks, and other parties with divergent interests. However, a lack of consensus around how smart contracts are implemented, uncertainty regarding enforceability, and scarcity of on point statutes and case law means that a stable legal, commercial and technical smart contract landscape has yet to emerge. The implementation of universal legal, technical and commercial standards and best practices will reduce uncertainty and promote widespread adoption and use of smart contracts.
Stevens V. Publicis: The Rise Of "No E-Mail Modification" Clauses?, Stephanie Holmes
Stevens V. Publicis: The Rise Of "No E-Mail Modification" Clauses?, Stephanie Holmes
Washington Journal of Law, Technology & Arts
E-mails occupy an ambiguous space between informal oral conversation and formal written documents. Their legal significance in contract modification is, however, becoming increasingly clear. In April 2008, the Supreme Court of New York, Appellate Division, decided Stevens v. Publicis, S.A. and in the process, raised the legal status of e-mail exchanges in the context of contract modification. Before Stevens v. Publicis, S.A., an e-mail could constitute a “signed writing” under New York law, thus satisfying the statute of frauds. An e-mail exchange could also amend a contract if, for instance, it had been validated by the parties’ reliance on …
Electronic Pitfalls: The Online Modification Of Ongoing Consumer Service Agreements, Ben Casady
Electronic Pitfalls: The Online Modification Of Ongoing Consumer Service Agreements, Ben Casady
Washington Journal of Law, Technology & Arts
This Article examines the procedure for online modification of an ongoing consumer contract. It reviews the relevant case law, including Douglas v. U.S. District Court, a recent Ninth Circuit decision that calls into question the validity of changing contractual terms by merely posting the changes on the service provider’s Web site. The Article also examines the discrete components found in an effective online contract modification and provides practical pointers for contract drafters.
Enforcement Of Contractual Terms In Clickwrap Agreements: Courts Refusing To Enforce Forum Selection And Binding Arbitration Clauses, Rachel Cormier Anderson
Enforcement Of Contractual Terms In Clickwrap Agreements: Courts Refusing To Enforce Forum Selection And Binding Arbitration Clauses, Rachel Cormier Anderson
Washington Journal of Law, Technology & Arts
In three recent cases, courts have invalidated portions of consumer clickwrap agreements containing either forum selection or binding arbitration clauses. In the first case, the Washington State Court of Appeals invalidated a forum selection clause found in a clickwrap agreement because the clause was contrary to state consumer protection policies. In the second case, the California Court of Appeals rejected a clickwrap agreement calling for binding arbitration in a specified forum when the plaintiff sought to bring a class action claim. Finally, the U.S. Court of Appeals for the Fifth Circuit recently declared a binding arbitration clause because it was …
E-Contract Formation: U.S. And Eu Perspectives, Sylvia Mercado Kierkegaard
E-Contract Formation: U.S. And Eu Perspectives, Sylvia Mercado Kierkegaard
Washington Journal of Law, Technology & Arts
The United States (“U.S.”) and the European Union (“EU”) offer contrasting approaches to contract formation in Cyberspace. Two foci can be identified with EU law: (1) consumer protection and (2) market harmonisation. The American approach, however, is characterized by self-regulation and economic rationale. This Article examines and compares the EU and U.S. regulatory approaches to electronic contracting.
Clicking Away The Competition: The Legal Ramifications Of Click Fraud For Companies That Offer Pay Per Click Advertising Services, Daniel L. Hadjinian
Clicking Away The Competition: The Legal Ramifications Of Click Fraud For Companies That Offer Pay Per Click Advertising Services, Daniel L. Hadjinian
Washington Journal of Law, Technology & Arts
Two businesses that advertise online, Lane's Gifts and Collectibles and Advanced Internet Technologies, recently filed lawsuits against Google, and other intermediaries that offer sponsored advertising services. The companies allege that these intermediaries failed to adequately protect them against "click fraud." Click fraud refers to the practice whereby competitors and other persons may click to view an online ad with no intention of buying, learning about the advertiser's services, or engaging in any other action that the ad aims to achieve. Plaintiffs allege that the intermediaries breached their contractual duties by charging the companies whose ads they hosted for fraudulent clicks, …