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Full-Text Articles in Law
The Definitional Hub Of E-Commerce: "Record", Christina L. Kunz
The Definitional Hub Of E-Commerce: "Record", Christina L. Kunz
Faculty Scholarship
This Article is a drafting history and a white paper on “record,” setting out the ABA's Working Group on Electronic Writings and Notices' (WG) deliberations and choices, the WG's interactions with concurrent and subsequent UCC redraft committees, the principles and policies underlying the WG's final decisions, and uses of “record” in subsequent statutes.
The Sense And Nonsense Of Web Site Terms Of Use Agreements, Sharon Sandeen
The Sense And Nonsense Of Web Site Terms Of Use Agreements, Sharon Sandeen
Faculty Scholarship
This article examines the purpose, use and enforceability of TOUs. In so doing it looks beyond the common question of whether TOUs are enforceable to ask whether and under what circumstances TOUs are necessary. This article explores whether the nature of the Internet is so different from the brick-and-mortar world that TOUs are needed for web sites but not for retail stores. A review of many of the existing TOUs reveals that major differences exist in the number and nature of their provisions. On one extreme are the TOUs of companies like Disney, Barnes and Noble and Amazon that apparently …