Territoriality, including the fear of encroachment, evidently is one of humanity's primal, ubiquitous concerns. No matter the context (personal or commercial), no matter the group (small or large, simple or sophisticated), territorial concepts present themselves. Examples abound. For instance,...

Franchising is, among other things, a system of marketing and distribution whereby an independent, often small, business person (the franchisee) is granted the right to market the goods and services of another (the franchisor) in accordance with established standards and practices. In its ideal...

The cycle of poor credit history is a powerful one. An individual or business with a low credit rating, perhaps from the late payment of past bills, will have difficulty gaining access to traditional forms of lending. According to some sources, many banks within the United States may even...

Imagine living the American dream of owning a small business, such as a franchise. Now imagine what it takes to keep that dream alive — the everyday operations of this fictional franchise location. There are inventory, customers, employees, products, and of course the franchisor to consider....

This Article considers franchise encroachment and the attitudes of potential business owners toward such an intrusion on their markets. Encroachment, long the most debated subject in franchise law, entails the franchisor's placement, near one of its existing franchisees, of a new franchised or...

Franchisees ordinarily are considered to be independent contractors, not employees. While the franchisee works in a particular industry, such as hotels or fast-food, the franchisor usually is viewed as a licensor engaged in the business of franchising, not -- as a legal matter -- working in its...

Savoir faire is a fundamental concept in European distribution law, including franchising. Judges rely heavily on the application and interplay of the French Commercial Code, Civil Code, codes of deontology, and European Union regulations. Thus, a civil law franchise contract requires, inter...

Expert testimony is often tainted with accusations of bias and falsehood. A neutral factfinder, similar to the French huissier, could alleviate many of the problems posed by expert testimony in the American legal system. To demonstrate the effect a neutral factfinder may have, this Article...