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Articles 1 - 7 of 7
Full-Text Articles in Marketing Law
Franchising And The Collective Rights Of Franchisees, Robert W. Emerson
Franchising And The Collective Rights Of Franchisees, Robert W. Emerson
Vanderbilt Law Review
Assume that you are the franchisee of a nationwide restaurant chain. Your franchisor has acted contrary to what you believe to be in your best interest. For the franchisor, bigger is better: more outlets and discount programs mean higher sales volume and consequently additional franchise fees and royalties, with royalties typically being based on gross sales-not franchisee net profits. You are concerned that the franchisor is oriented more toward expansion than the well-being of existing franchisees. Franchisor assistance is less than you expected, but royalties and other charges seem steep.Facing a strong franchisor that appears not to worry about an …
Process Norms In Products Litigation: Liability For Allergic Reactions, James A. Henderson Jr.
Process Norms In Products Litigation: Liability For Allergic Reactions, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski
Doctrinal Collapse In Products Liability: The Empty Shell Of Failure To Warn, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
Liability for a manufacturer's failure to warn of product-related risks is a well-established feature of modern products liability law. Yet many serious doctrinal and conceptual problems underlie these claims. Professors Henderson and Twerski explore these problems and argue that failure-to-warn jurisprudence is confused, perhaps irreparably, and that this confusion often results in the imposition of excessive liability on manufacturers. The authors begin by exposing basic errors resulting from courts' confusion over whether to apply a strict liability or a negligence standard of care in failure-to-warn cases. Having determined that negligence is the appropriate standard, they then examine more substantial and …
Digital Sound Sampling And A Federal Right Of Publicity: Is It Live Or Is It Macintosh?, 10 Computer L.J. 365 (1990), Tamara J. Byram
Digital Sound Sampling And A Federal Right Of Publicity: Is It Live Or Is It Macintosh?, 10 Computer L.J. 365 (1990), Tamara J. Byram
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Icarus And His Waxen Wings: Congress Attempts To Address The Challenges Of Insider Trading In A Globalized Securities Market, John T. Thomas
Icarus And His Waxen Wings: Congress Attempts To Address The Challenges Of Insider Trading In A Globalized Securities Market, John T. Thomas
Vanderbilt Journal of Transnational Law
This Note addresses the globalization of the world financial securities markets and the potential for fraud in these expanded markets. The author considers actual cases of insider trading that have crossed national borders and the enforcement problems such cases raise. The author analyzes the first significant response by the United States Congress to these problems and concludes that the response is inadequate. Congress recognizes the incredible pace of evolution of the world financial markets, but is slow to address this process. The SEC offered serious proposals to Congress--proposals that apparently have bipartisan support--and Congress failed to act on these proposals …
Board Of Trustees Of The State University Of New York V. Fox -The Dawn Of A New Age Of Commercial Speech Regulation Of Tobacco And Alcohol, Mark A. Conrad
Board Of Trustees Of The State University Of New York V. Fox -The Dawn Of A New Age Of Commercial Speech Regulation Of Tobacco And Alcohol, Mark A. Conrad
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Case For Market Damages: Revisiting The Lost Profits Puzzle, Robert E. Scott
The Case For Market Damages: Revisiting The Lost Profits Puzzle, Robert E. Scott
Faculty Scholarship
An old and cardinal rule of contract law requires that expectancy damages for breach of contract put the injured party in the position she would have occupied had the contract been performed. Courts and commentators have accepted this full performance compensation principle as the central objective of the expectancy remedy, pursuant to which they have developed many more precise formulas for various types of cases. But the simplicity of the full performance principle disguises substantial problems in its application. One of the least recognized of these problems is the tendency of courts and commentators to determine the contractual expectancy ex …