Wilmer Cutler Pickering Hale and Dorr LLP
University of Pennsylvania Carey Law School
Seattle University School of Law
Fordham University School of Law
Singapore Management University
Bard College
University of Maryland Francis King Carey School of Law
Marquette University Law School
University of Newcastle
Expect More From The Everything Store,
2023
Texas A&M University School of Law (Student)
Expect More From The Everything Store, Ashlyn Mccall
Texas A&M Journal of Property Law
For years, Amazon, a widely known and popular e-commerce enterprise and online marketplace, has provided consumers with a stress-free, simple approach to online shopping. The company offers customers the option to order products online or on an app and have them delivered directly to their door in no time at all. For years, Amazon has allowed third-party vendors access to its site for marketing and selling products to consumers.
In recent years, instances have arisen where defective products sold on Amazon by third-party vendors have led to the injury of consumers. Often, the third-party vendors are suspicious entities who are …
Private Environmental Nudges,
2023
Penn State Dickinson Law
Private Environmental Nudges, Anthony Moffa
Dickinson Law Review (2017-Present)
A few years ago, before the onset of a global pandemic, I noticed that my preferred Portland, ME coffee shop—Tandem Coffee Roasters—implemented a new policy. Upon ordering a beverage, the barista asked if I brought my own mug. They informed me that, if had I not, I could purchase a paper, disposable vessel from the shop for twenty-five cents. Some might (understandably) ask, “Does coffee not come in a cup anymore?” The shop implemented what this paper dubs a “private environmental nudge,” a subset of policies that define private environmental governance (PEG)—the actions taken by nongovernmental entities to achieve traditional …
A Rising Tide: An Argument For Requiring Municipal Liability Insurance For Public Utility Services In Arkansas,
2023
University of Arkansas, Fayetteville
A Rising Tide: An Argument For Requiring Municipal Liability Insurance For Public Utility Services In Arkansas, Christopher Brown
Arkansas Law Notes
Municipalities can contribute to sanitary sewer overflows through negligent maintenance, poor design, intrusion on sewer lines, and failure to replace aging sewer systems.Throughout the United States, an aging wastewater system is currently failing and is expected to degrade further, which contributes to sewage backups into residences. Arkansas is one of two states in the United States that prevents a resident from recovering damages from an overflow due to the negligent design or maintenance of sewage utilities by a municipality via statute. This Comment argues for a “middle ground” solution, whereby Arkansas municipalities should be required to obtain liability insurance sufficient …
Force Majeure & Covid-19: A Clause Changed?,
2023
DePaul University College of Law
Force Majeure & Covid-19: A Clause Changed?, Claudia Petcu
DePaul Business & Commercial Law Journal
No abstract provided.
The Kinder, Gentler Irs? Where?,
2023
University of Hartford
The Kinder, Gentler Irs? Where?, Harvey Gilmore
DePaul Business & Commercial Law Journal
No abstract provided.
Employee Of The Month: Exploring Whether An Employee's Act Of Fraud May Be Imputed To His Employer Under Agency Principles,
2023
Corporate Counsel, Data Axle
Employee Of The Month: Exploring Whether An Employee's Act Of Fraud May Be Imputed To His Employer Under Agency Principles, Max Birmingham
DePaul Business & Commercial Law Journal
No abstract provided.
Zombies Attack Inadvertent Partnerships!—How Undead Precedents Killed By Uniform Statutes Still Roam The Reporters,
2023
South Texas College of Law Houston
Zombies Attack Inadvertent Partnerships!—How Undead Precedents Killed By Uniform Statutes Still Roam The Reporters, Joseph K. Leahy
University of Richmond Law Review
Recently, the Texas Supreme Court breathed new life into some ancient zombies—zombie precedents, that is!—which have long lurked in the shadows of the nation’s partnership formation caselaw. This Article tells the story of those undead cases—describing them, debunking them, and plotting their demise.
This zombie tale begins with the supposed black-letter law of partnership formation. In nearly every state, formation of a general partnership is governed by one of two uniform partnership acts. Under both acts, a business relationship ripens into a partnership whenever the statutory definition of partnership is satisfied. The parties’ intent to become “partners” (or not) is …
Cftc & Sec: The Wild West Of Cryptocurrency Regulation,
2023
University of Richmond School of Law
Cftc & Sec: The Wild West Of Cryptocurrency Regulation, Taylor Anne Moffett
University of Richmond Law Review
Over the past few years, a turf war has been brewing between the Commodity Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”) over which agency should regulate cryptocurrencies. Both agencies have pursued numerous enforcement actions over the cryptocurrencies they believe to be within their jurisdiction. This turf war has many moving components, but the focus always comes back to one question: which cryptocurrencies are commodities, and which cryptocurrencies are securities? The distinction is important because the CFTC has statutory authority to regulate commodities, whereas the SEC has statutory authority to regulate securities. This Comment rejects the pursuit …
Fair Warnings From Ofac’S Settlements With Cryptocurrency Service Providers: Compliance Should Include Lifetime-Of-The-Relationship, In-Process Geolocational Checks,
2023
Indiana University Maurer School of Law
Fair Warnings From Ofac’S Settlements With Cryptocurrency Service Providers: Compliance Should Include Lifetime-Of-The-Relationship, In-Process Geolocational Checks, Sarah Jane Hughes
Articles by Maurer Faculty
In 2022, the Office of Foreign Assets Control (OFAC) announced numerous settlements with cryptocurrency exchanges. These settlements serve as “fair warnings” to all cryptocurrency service providers who are “U.S. persons” or who offer services to U.S. persons. The term “U.S. persons” is defined in 31 C.F.R. §560.314 as “any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.”
This article focuses on these “fair warnings” as they have accumulated from prior settlements and from OFAC’s published guidance …
Combating The Racial Wealth Gap: A Government And Corporate-Centric Approach,
2023
University of St. Thomas, Minnesota
Combating The Racial Wealth Gap: A Government And Corporate-Centric Approach, Brandon Mickelsen
University of St. Thomas Law Journal
No abstract provided.
Justice Brandeis' Dilemma Revisited: The Privileged Position Of Corporate Power In American Democracy,
2023
University of St. Thomas, Minnesota
Justice Brandeis' Dilemma Revisited: The Privileged Position Of Corporate Power In American Democracy, David Schultz
University of St. Thomas Law Journal
No abstract provided.
Recreating The Regulatory State - Internationally,
2023
University of St. Thomas, Minnesota
Recreating The Regulatory State - Internationally, Erik Loomis
University of St. Thomas Law Journal
No abstract provided.
The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy,
2023
DePaul University
The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes
DePaul Business & Commercial Law Journal
No abstract provided.
Covid-19 Vs. Constitution; Limited Government's Unlimited Response,
2023
DePaul University
Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo
DePaul Business & Commercial Law Journal
No abstract provided.
The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable,
2023
DePaul University
The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong
DePaul Business & Commercial Law Journal
No abstract provided.
The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule,
2023
DePaul University
The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira
DePaul Business & Commercial Law Journal
No abstract provided.
Special Purpose Acquisition Companies: Wall Street’S Latest Shell Game,
2023
Gonzaga University School of Law
Special Purpose Acquisition Companies: Wall Street’S Latest Shell Game, Daniel J. Morrissey
Arkansas Law Review
Special Purpose Acquisition Companies (“SPACs”) have been called “Wall Street’s biggest gold rush of recent years.” In reality, they are just another version of an old strategy to exploit a loophole in the federal securities laws that issuers of stock have used to avoid full registration with the SEC, the federal agency set up to administer and enforce the securities laws. The SPAC process circumvents that important protection for investors by taking private firms public through the back door—merging them into shell corporations. Those are companies whose shares are widely held but have no operations or assets.
Consumer Uncertainty In Trademark Law: An Experimental Investigation,
2023
Emory University School of Law
Consumer Uncertainty In Trademark Law: An Experimental Investigation, Barton Beebe, Roy Germano, Christopher Jon Sprigman, Joel H. Steckel
Emory Law Journal
Nearly every important issue in trademark litigation turns on the question of what consumers in the marketplace believe to be true. To address this question, litigants frequently present consumer survey evidence, which can play a decisive role in driving the outcomes of trademark disputes. But trademark survey evidence has often proven to be highly controversial, not least because it has sometimes been perceived as open to expert manipulation. In this Article, we identify and present empirical evidence of a fundamental problem with trademark survey evidence: while the leading survey formats in trademark law test for whether consumers hold a particular …
Inside Out, Upside Down: Circuit Court Confusion Over Character Copyrightability,
2023
Emory University School of Law
Inside Out, Upside Down: Circuit Court Confusion Over Character Copyrightability, Caitlin E. Oh
Emory Law Journal
Enormous amounts of new content are posted on social media every day. Ordinarily, if a work is original and created by the author, the work is automatically protected under copyright without the need for registration. However, in recent years, copyright protection has become difficult to obtain for one type of expression: fictional characters.
Today, characters hold immense cultural significance. For some, characters provide an escape from reality, entertainment, and, in some cases, a blueprint to which one can aspire. For entertainment studios, characters hold immense economic value. If a character is popular—holding cultural significance—a studio might create a prequel or …
Provisional Measures In Aid Of Arbitration,
2023
University of Pittsburgh School of Law
Provisional Measures In Aid Of Arbitration, Ronald A. Brand
Articles
The success of the New York Convention has made arbitration a preferred means of dispute resolution for international commercial transactions. Success in arbitration often depends on the extent to which a party may secure assets, evidence, or the status quo between parties prior to the completion of the arbitration process. This makes the availability of provisional measures granted by either arbitral tribunals or by courts fundamental to the arbitration. In this Article, I consider the existing legal framework for provisional measures in aid of arbitration, with particular attention to the sources of the rules providing for such measures. Those sources …
