Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Law
Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds
Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds
Federal Communications Law Journal
Several problems plague typical mass-market software licensing agreement, specifically that the public is powerless to negotiate and the terms often are perceived as exceedingly broad and restrictive. The Uniform Computer Information Transactions Act is designed to remedy those problems and establish the general enforceability of such agreements, with certain qualifications related to unconscionability, assent, and other caveats. UCITA, however, does not resolve, or even purport to resolve, the tension between federal copyright law and state contract law. This Note analyzes UCITA's attempt to resolve the enforceability issue; argues for an approach to preemption that promotes clarity and preserves the objectives …
Separate But Not Sovereign: Reconciling Federal Commandeering Of State Courts, Tonya M. Gray
Separate But Not Sovereign: Reconciling Federal Commandeering Of State Courts, Tonya M. Gray
Vanderbilt Law Review
"The question is not what power the federal government ought to have but what powers in fact have been given by the people." Determining the division of power between the states and the federal government has been a debated issue throughout constitutional jurisprudence. Indeed, "[n]o problem has plagued the nation's constitutional history more." In joining the union, the states relinquished power to the federal government. The states were not left without power, as the Tenth Amendment guarantees that powers not enumerated to the federal government or restricted from the states are retained by the states. The broad language of the …
Laughing At Treaties, Carlos Manuel Vázquez
Laughing At Treaties, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
This article responds to two articles by Professor John Yoo appearing in the same volume. Professor Yoo maintains that treaties, either categorically or presumptively, have the same status in the United States as in the United Kingdom, where they lack the force of domestic law, and hence are not judicially enforceable, until implemented by statute. This response argues that Yoo's thesis contradicts the text of the Constitution, which declares treaties to be the 'law of the land.' The response notes, further, that Professor Yoo's reliance on the ratification debates to read the Supremacy Clause's reference to treaties out of the …