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Full-Text Articles in Law

Marijuana Taxation: Theory And Practice, Benjamin Leff Jan 2021

Marijuana Taxation: Theory And Practice, Benjamin Leff

Articles in Law Reviews & Other Academic Journals

Marijuana legalization creates a host of complex legal problems, not the least of which is how to best tax the emerging legal market. This Essay attempts to bridge the gap between tax theory and marijuana policy to make some modest claims. First, it roots the discussion of state-level marijuana taxation in the theoretical distinction between ordinary revenue-raising taxes and "Pigouvian" or regulatory taxes. It makes the somewhat controversial claim that the best taxing strategy for states is to attempt to capture as much of the marijuana legalization premium as possible without driving consumers into the illegal market and that other …


The First Sale Doctrine And Foreign Sales: The Economic Implications In The United States Textbook Market, Garry A. Gabison Oct 2020

The First Sale Doctrine And Foreign Sales: The Economic Implications In The United States Textbook Market, Garry A. Gabison

University of Massachusetts Law Review

This Article investigates the impact of the Kirtsaeng decision. After discussing the first sale doctrine, this Article presents the issues around implementing a worldwide first sale doctrine. International treaties attempt to ensure that authors can benefit from their work by affording them similar protections in different jurisdictions. But a worldwide first sale exhaustion limits the ability of copyright holders to profit from their work because it allows the author to compete with its own work that had been priced differently in different jurisdictions. Finally, this Article tests whether, in the United States, the price of textbooks has been affected by …


Identifying Fundamental Breach Of Articles 25 And 49 Of The Cisg: The Good Faith Duty Of Collaborative Efforts To Cure Defects - Make The Parties Draw A Line In The Sand Of Substantiality, Yasutoshi Ishida Jan 2020

Identifying Fundamental Breach Of Articles 25 And 49 Of The Cisg: The Good Faith Duty Of Collaborative Efforts To Cure Defects - Make The Parties Draw A Line In The Sand Of Substantiality, Yasutoshi Ishida

Michigan Journal of International Law

Article 49(1) of the CISG allows buyers of international goods to avoid their sales contracts “if the failure by the seller to perform . . . amounts to a fundamental breach.” A breach is “fundamental,” as defined by CISG article 25, when it causes the buyer such detriment “as substantially to deprive him of what he is entitled to expect under the contract.” This definition is followed by the so-called “foreseeability test,” an “unless” clause that excepts the situation where “the party in breach did not foresee[,] and a reasonable person of the same kind in the same circumstances would …


Sustainable And Unchallenged Algorithmic Tacit Collusion, Maurice Stucke Jan 2020

Sustainable And Unchallenged Algorithmic Tacit Collusion, Maurice Stucke

Scholarly Works

No abstract provided.


Pricing Algorithms & Collusion, Maurice Stucke Jan 2019

Pricing Algorithms & Collusion, Maurice Stucke

Scholarly Works

No abstract provided.


Remedies In The Ucc: Some Critical Thoughts, Victor Goldberg Jun 2018

Remedies In The Ucc: Some Critical Thoughts, Victor Goldberg

Barry Law Review

No abstract provided.


Uniform Commercial Code Article Two Revisions: The View Of The Trenches, Henry Gabriel Jun 2018

Uniform Commercial Code Article Two Revisions: The View Of The Trenches, Henry Gabriel

Barry Law Review

No abstract provided.


The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers Appendix, James J. White Jun 2018

The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers Appendix, James J. White

Barry Law Review

No abstract provided.


Importing Uniform Sales Law Into Article 2, Steven Walt Jun 2018

Importing Uniform Sales Law Into Article 2, Steven Walt

Barry Law Review

No abstract provided.


The Myth Of Trade Usages: A Talk, Lisa Bernstein Jun 2018

The Myth Of Trade Usages: A Talk, Lisa Bernstein

Barry Law Review

No abstract provided.


The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers, James J. White Jun 2018

The Revision Of Article 2: Commercial Sellers Vs. Consumer Buyers, James J. White

Barry Law Review

No abstract provided.


Article 2 Of The Ucc: Some Thoughts On Success Or Failure In The Twenty-First Century, Robert A. Hillman Jun 2018

Article 2 Of The Ucc: Some Thoughts On Success Or Failure In The Twenty-First Century, Robert A. Hillman

Barry Law Review

No abstract provided.


Brief Of Tax Law Professors As Amici Curiae In Support Of Petitioner, Edward A. Zelinsky Jan 2018

Brief Of Tax Law Professors As Amici Curiae In Support Of Petitioner, Edward A. Zelinsky

Amicus Briefs

Amici are professors of tax law at universities across the United States. As scholars and teachers, they have considered the doctrinal roots and practical consequences of judicial limits on state and local taxation. Amici join this brief solely on their own behalf and not as representatives of their universities. A full list of amici appears in the Appendix to this brief.


Reforming The True-Sale Doctrine, Heather Hughes Jan 2018

Reforming The True-Sale Doctrine, Heather Hughes

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Take Time To Wander Outside Your Comfort Zone, David Spratt Jan 2018

Take Time To Wander Outside Your Comfort Zone, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Sign Or Die: The Threat Of Imminent Physical Harm And The Doctrine Of Duress In Contract Law, Daniel P. O'Gorman Jan 2018

Sign Or Die: The Threat Of Imminent Physical Harm And The Doctrine Of Duress In Contract Law, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.


Talking Telemedicine And Terminology: The South Carolina Telemedicine Act, Creasie M. Parrott Apr 2017

Talking Telemedicine And Terminology: The South Carolina Telemedicine Act, Creasie M. Parrott

South Carolina Law Review

No abstract provided.


The Market For Software Innovation Through The Lens Of Patent Licenses And Sales, Colleen V. Chien Jan 2017

The Market For Software Innovation Through The Lens Of Patent Licenses And Sales, Colleen V. Chien

Faculty Publications

Software innovation is transforming the US economy. Yet our understanding of how patents and patent transactions support this innovation is limited, in part because of a lack of public information about patent licenses and sales. Claims about the patent marketplace, for example, extolling the virtues of intermediaries like non-practicing entities, or questioning the social utility of ex post patent licenses, tend not to be grounded in empirical evidence. This article brings much-needed data to the policy debate by analyzing transactional data from several proprietary databases of patent licenses and transfers, and reporting several novel findings. First I find that, despite …


Brief Of Interested Law Professors As Amici Curiae Supporting Petitioner, Edward A. Zelinsky Nov 2016

Brief Of Interested Law Professors As Amici Curiae Supporting Petitioner, Edward A. Zelinsky

Amicus Briefs

Amici curiae are 14 professors of law who have devoted much of their teaching and research to the area of state taxes and the role of state tax policy in our federal system. The names and affiliations (for identification purposes only) of amici are included in an addendum to this brief. The amici are concerned with the effect of this Court’s dormant Commerce Clause jurisprudence on the development of fair and efficient state tax systems. No decision of this Court has had more effect on state sales and use tax systems than Quill Corporation v. North Dakota. We believe …


Optimality And Preservation Of Consumer Defenses--A Model For Reform, Benjamin Geva Jul 2016

Optimality And Preservation Of Consumer Defenses--A Model For Reform, Benjamin Geva

Benjamin Geva

No abstract provided.


Service, Sale And Marketing Of Alcohol For The Tourism, Hospitality And Retail Industries, James Peter Murphy Feb 2016

Service, Sale And Marketing Of Alcohol For The Tourism, Hospitality And Retail Industries, James Peter Murphy

Conference papers

The responsible service, sale and marketing of alcohol for the tourism, hospitality and retail industries is crucial those working in the tourism, hospitality, culinary arts and retail industries including those in supervisory and management positions. This presentation explored a wide range of topics associated with sale and service of alcohol in these inter-related industries. Its aim was to provide attendees with a greater awareness of the effects of alcohol, and of their moral and legal obligations to act responsibly when supplying alcohol beverages or when dealing with alcohol misuse in their respective workplace. This presentation was also created to coincide …


Review Of The Effectiveness Of The 1.30am Lock Outs, 3am Cessation Of Liquor Sales, 10pm Take-Away Liquor Laws And The Annual Liquor Licence Fee Program, Julia Quilter, Luke J. Mcnamara Jan 2016

Review Of The Effectiveness Of The 1.30am Lock Outs, 3am Cessation Of Liquor Sales, 10pm Take-Away Liquor Laws And The Annual Liquor Licence Fee Program, Julia Quilter, Luke J. Mcnamara

Faculty of Law, Humanities and the Arts - Papers (Archive)

No abstract provided.


Guide To Structuring Resales Of Restricted Securities Held By Control And Non-Control Holders Under Federal And Arkansas Law, John F. Griffee Oct 2015

Guide To Structuring Resales Of Restricted Securities Held By Control And Non-Control Holders Under Federal And Arkansas Law, John F. Griffee

University of Arkansas at Little Rock Law Review

No abstract provided.


2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman Aug 2015

2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman

Ronald Brown

No abstract provided.


Introducing The 'New Handshake' To Expand Remedies And Revive Responsibility In Ecommerce, Amy J. Schmitz Jul 2015

Introducing The 'New Handshake' To Expand Remedies And Revive Responsibility In Ecommerce, Amy J. Schmitz

Faculty Publications

There was a time when individuals would meet in person to make purchases and do deals. They would discuss the terms, assess the trustworthiness and character of their contracting partners, and conclude the deal with a handshake. The handshake helped ensure the enforcement of the deal without need for the rule of law or legal power. That handshake was one’s bond — it was a personal trust mark. With the emergence of eCommerce, however, that handshake has nearly disappeared along with the sense of responsibility it inspired. Accordingly, this article discusses how this has impacted consumers’ access to remedies regarding …


Begone, Euclid!: Leasing Custom And Zoning Provision Engaging Retail Consumer Tastes And Technologies In Thriving Urban Centers, Michael N. Widener Jun 2015

Begone, Euclid!: Leasing Custom And Zoning Provision Engaging Retail Consumer Tastes And Technologies In Thriving Urban Centers, Michael N. Widener

Pace Law Review

Is urban center retailing in a death spiral? Competition for consumers with Internet vendors is afoot; winners and losers shall be anointed. The threats to physical retailing in an era of the “Internet of Goods” initially are described below. Adaptations by tenants, landlords, and stakeholders in urban centers will be required quickly, and new perspectives and partnerships, including those among local and regional governments, are instrumental if physical retail operations in municipal cores are to survive. The balance of this article describes these needs from the vantage point of each stakeholder; but this article argues that integrating information and communication …


Examples And Explanations: Sales And Leases 7th Ed., James Brook Jan 2015

Examples And Explanations: Sales And Leases 7th Ed., James Brook

Books

This book is an approachable and practical study guide to sales law, specifically UCC Articles 2 and 2A, providing brief textual introductions to standard definitions and concepts, followed by provocative examples, questions, and analyses.

Relying on the standard examples-and-explanation pedagogy, Sales and Leases: Examples & Explanations is an accessible, clearly written study guide for any student studying sales law, commercial law, commercial transactions law and contract law.

It gives you an organized way of working through the various sections, definitions, concepts, and controversies that make up the modern law of sales and lease of goods as rendered in Article 2 …


Remote Seller Sales And Use Tax Law: How Proposed Law Will Impact South Carolina, James Bull Sterling Jul 2014

Remote Seller Sales And Use Tax Law: How Proposed Law Will Impact South Carolina, James Bull Sterling

South Carolina Law Review

No abstract provided.


The Anti-Competitive Music Industry And The Case For Compulsory Licensing In The Digital Distribution Of Music, Ankur Srivastava Jun 2014

The Anti-Competitive Music Industry And The Case For Compulsory Licensing In The Digital Distribution Of Music, Ankur Srivastava

Touro Law Review

No abstract provided.


Tesla And The Car Dealers' Lobby, Daniel A. Crane Jun 2014

Tesla And The Car Dealers' Lobby, Daniel A. Crane

Articles

Tesla Motors, the offspring of entrepreneur Elon Musk (who brought us Pay-Pal and SpaceX), is the most exciting automotive development in many decades and a marquee story of American technological dynamism and innovation. The company’s luxury electric cars have caused a sensation in the auto industry, including a review by Consumer Reports calling Tesla’s Model S the best car it ever tested. Despite the acclaim, Tesla faces enormous challenges Despite the acclaim, Tesla faces enormous challenges in penetrating an automotive market that has been dominated for a century by internal combustion engines. Not only must it build cars that customers …