Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Consumer Protection Law (4)
- Commercial Law (3)
- Environmental Law (3)
- Food and Drug Law (3)
- Law and Society (3)
-
- Legislation (3)
- Entertainment, Arts, and Sports Law (2)
- Administrative Law (1)
- Agency (1)
- Antitrust and Trade Regulation (1)
- Banking and Finance Law (1)
- Business Organizations Law (1)
- Communications Law (1)
- Comparative and Foreign Law (1)
- Computer Law (1)
- Constitutional Law (1)
- European Law (1)
- Government Contracts (1)
- Health Law and Policy (1)
- Human Rights Law (1)
- Intellectual Property Law (1)
- International Humanitarian Law (1)
- International Law (1)
- International Trade Law (1)
- Internet Law (1)
- Law and Economics (1)
- Legal Ethics and Professional Responsibility (1)
- Medical Jurisprudence (1)
- Keyword
-
- Corporate governance; Sustainability; Exit vs. Voice; UK Green Taxonomy; Greenwashing; Private equity (1)
- E-commerce; climate change; environmental laws; Clean Air Act; Solid Waste Disposal Act; carbon footprint; sustainable materials; single-use plastics; Break Free From Plastic Pollution Act; Cardboard Packaging; U.S. Environmental Agency; EPA; National Ambient Air Quality Standards; NAAQS; The Resource Conservation and Recovery; The Pollution Prevention Act; Electric Vehicles (1)
- Ghost kitchens; dark kitchens; cloud kitchens; restaurant delivery services; third-party delivery platforms; DoorDash; Grubhub; Uber Eats; restaurant industry regulations; pandemic restaurant challenges; restaurant business models; consumer protection laws; Federal Trade Commission (FTC); INFORM Act; FTC online marketplace regulation; e-commerce in restaurants; online food delivery transparency; consumer information flow; consumer rights in food delivery; restaurant e-commerce models; FTC unfairness prong; restaurant industry legal challenges; transparency in food sourcing; consumer grievances in food delivery; regulatory frameworks for ghost kitchens; food safety in delivery models; restaurant industry recovery post-pandemic; informed consumer rights; restaurant regulatory issues; marketplace fairness in food delivery; consumer protection in third-party platforms; public concerns over ghost kitchens; regulatory approaches to ghost kitchens (1)
- House Bill 732; Digital Advertising; Tax; OECD; G20; Inclusive Framework; Supermacy Clause; Commerce Clause (1)
- Pharmaceuticals; drugs; expenditures; medication; medicine; health care; monopoly; telemedicine; prescription; generic; brand-name; martin skreli; thiola; overpricing; securities; transparency legislation; drug pricing; Ro; anti-trust; privacy laws; bargain hunting; rural; medical facilities; access to healthcare; price controls; patent laws; drug importation; S5338A; NYPCTA; New York; Association for Accessible Medicine v. Frosh; Maryland; Drug Price Competition and Patent Term Restoration Act; Hatch-Waxman Act; ANDA; FDA; Affordable Care Act; Treasury Department; Federal Supplementary Medical Insurance Trust Fund; MMA; Medicare; Medicaid; Canada; Health and Human Services; Vermont v. Leavitt; Controlled Substance Act; Anti-Kickback statute; Stark law; mens rea; HIPAA; CMS (1)
-
- Sportswashing; sovereign wealth funds; foreign ownership of U.S. sports franchises; CFIUS review; CFIUS reform; human rights abuses; Qatar Investment Authority; Saudi Public Investment Fund; FIFA World Cup 2022; PSG ownership; reputation laundering; soft power; UN Guiding Principles on Business and Human Rights; private league governance; sports league bylaws; national security and sports; legal restrictions on foreign investment; foreign government investment in sports; ownership restrictions in major sports leagues; U.S. Department of State Human Rights Reports; Executive Order 14083; franchise valuation; ethical implications in sports investment; public opinion and sports activism; athlete and journalist resistance (1)
- Sustainabilty; fashion; sustainable fashion; luxury fashion; upcycling; trademarks; legal challenges for trademark owners; consumer confusion; trademark dilution; counterfeit fashion; environmental responsibility; intellectual property; first sale; disclaimers; brand integrity; quality standards; luxury upcycling; sustainability efforts; ethical fashion; legal compliance; ecological innovation; brand protection; luxury fashion brands (1)
- Title 27; Wine; Labels; Federal Standards; Exempt Wines; Wine Labeling; Grape Grower; Winemaker; CFR; TTB; COLA; Label Approval; AVA (1)
Articles 1 - 8 of 8
Full-Text Articles in Marketing Law
Balancing A Circular Economy With Brand Protection: How Luxury Fashion Houses Can Regulate Upcycling Through Trademark Licensing, Olivia Dinkins
Balancing A Circular Economy With Brand Protection: How Luxury Fashion Houses Can Regulate Upcycling Through Trademark Licensing, Olivia Dinkins
Brooklyn Journal of Corporate, Financial & Commercial Law
The growing demand for sustainable fashion, particularly among younger consumers, has led to a surge in upcycling practices that repurpose pre-existing materials, often featuring luxury brand trademarks. While upcycling may support a circular economy and artistic innovation, it poses complex legal challenges for trademark owners, especially concerning consumer confusion, dilution, and the use of counterfeit materials. This Note explores the intersection of trademark law and sustainability in the luxury fashion sector, highlighting the tension between environmental responsibility and intellectual property protection. This Note first analyzes the way various courts have confronted these issues and the limitations of doctrines like first …
Barbarians At The Gate Or Angels At The Crossroads? Examining The Impact Of The Uk Green Taxonomy On Private Equity Firms, Melek Redzheb, Fatjon Kaja
Barbarians At The Gate Or Angels At The Crossroads? Examining The Impact Of The Uk Green Taxonomy On Private Equity Firms, Melek Redzheb, Fatjon Kaja
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article explores whether the UK Green Taxonomy will foster sustainable corporate governance in private equity-backed portfolio companies. We explore how the Taxonomy will address the greenwashing problem that plagues financial markets, including the private equity industry. Our analysis suggests that general partners will have a twofold response to the new reforms. In the short term, they will seek to address the social concerns of limited partners by negatively screening unsustainable companies and cherry-picking more sustainable ones (the so-called “exit” strategy). In the long term, however, they will adopt a dynamic strategy to transform unsustainable targets into sustainable enterprises on …
How Sovereign Wealth Investment May Fail To Enter The United States Sports Market: Investigating The Governance Restricting Sportswashing, Zachary J. Braverman
How Sovereign Wealth Investment May Fail To Enter The United States Sports Market: Investigating The Governance Restricting Sportswashing, Zachary J. Braverman
Brooklyn Journal of Corporate, Financial & Commercial Law
In recent years, the world of sports has been disrupted by foreign nations engaging in human rights violations, masking their wrongdoings through sport-related investments. This practice, referred to as “sportswashing,” has negative impacts on both the sports industry at large and the individual victims whose suffering is perpetuated. Currently, there is no direct legislation preventing foreign investors from taking over sports franchises in the United States. However, the Committee on Foreign Investment in the United States, the United Nations, and sports leagues’ private regulations, each provide means to resist sportswashing. This Note analyzes the problem of sportswashing, the existing framework …
I Ain't Afraid Of No Ghost…Kitchen! A New Realm Of Consumer Protection After The Inform Consumers Act, Johanna Silva
I Ain't Afraid Of No Ghost…Kitchen! A New Realm Of Consumer Protection After The Inform Consumers Act, Johanna Silva
Brooklyn Journal of Corporate, Financial & Commercial Law
The effects of the COVID-19 pandemic were pervasive, sparing none from its impact. However, the restaurant industry bore an even greater change and a heavier burden than most. At the height of the pandemic, some 110,000 restaurants shut down. QR codes replaced paper menus, street parking transformed into outdoor dining sheds, and Friday night dinners at the “great spot on the corner” became takeout orders from the couch. Reopening was an unpredictable gamble for restaurant owners, fraught with tiered plans and inconsistent regulations on safe and unsafe dining practices. The desperate search for creative solutions to stay in business propelled …
The Digital Advertising Tax: An Overstep By State Taxing Jurisdictions, Sammy Reisner
The Digital Advertising Tax: An Overstep By State Taxing Jurisdictions, Sammy Reisner
Brooklyn Journal of Corporate, Financial & Commercial Law
In 2021, the Maryland Senate voted to override the governor’s veto to pass House Bill 732, marking the enactment of the first digital advertising tax in the United States. The tax imitated existing digital services taxes that have become popular internationally. Recognizing the need for a global solution, the OECD and the G20 formed the Inclusive Framework to ensure that countries receive their fair share of taxes without subjecting businesses to double taxation. Domestically, however, no such resolution has been reached, and several other states, inspired by Maryland’s initiative, followed suit by introducing their own versions of a digital advertising …
The Dark Side Of E-Commerce: The Negative Effects Of E-Commerce On The Environment, Flora Ho
The Dark Side Of E-Commerce: The Negative Effects Of E-Commerce On The Environment, Flora Ho
Brooklyn Journal of Corporate, Financial & Commercial Law
E-commerce has many advantages for both consumers and sellers, but its process has taken a toll on the environment. In this Note, I discuss two integral aspects of the e-commerce process that contribute to climate change: (1) air pollution from delivery vehicles, and (2) the use of non-sustainable packaging. I will provide insight into the U.S. environmental laws currently in place that regulate greenhouse gas emissions and other contributors to climate change, such as the Clean Air Act and the Solid Waste Disposal Act, while highlighting how these laws are minimal at best. I argue that the U.S. government should …
Pharmaceutical Drug Pricing: The Internet As A Solution For This Health Issue Turned Financial Issue, Thomas P. Kelly
Pharmaceutical Drug Pricing: The Internet As A Solution For This Health Issue Turned Financial Issue, Thomas P. Kelly
Brooklyn Journal of Corporate, Financial & Commercial Law
Over the course of five decades, American annual expenditure on pharmaceutical drugs has increased by more than $350 billion. This drastic increase has led many patients to struggle to afford their necessary, and potentially life-saving, medications. Today’s high pharmaceutical prices are largely due to the fact that name-brand drug manufacturers have few restrictions on how much they can charge for their products. Additionally, name-brand manufacturers are able to monopolize the manufacture of their drugs because patent laws prevent other manufacturers from using the formula of these drugs for two decades. To combat these high prices, this Note proposes a partnership …
Something To Wine About: What Proposed Revisions To Wine Labeling Requirements Mean For Growers, Producers, And Consumers, Deborah Soh
Brooklyn Journal of Corporate, Financial & Commercial Law
Title 27 of the Code of Federal Regulations governs the standards for the information that is printed on wine bottle labels, including the appellation of origin. Currently, however, wines are exempt from these regulations if they will not be introduced in interstate commerce. There is a proposed amendment to the Code that would bring all wines, regardless of whether they are sold interstate or solely intrastate, under the federal standards for wine labeling. Between the current system, which permits exempt wines to sidestep the regulations, and the proposal, which would exact strict standards of compliance uniformly, lies a middle-ground approach …