This Article reviews history and jurisprudence in order to examine American Magna Carta case law on due process, juries, and punishment. It details the treatment and impact of the Magna Carta in English history and the American colonies. The past of the Magna Carta is taken to the present: The...

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...

For many years, the rise in number of international units operated by U.S. franchisors has outpaced domestic growth. As the trend toward globalization accelerates, franchise owners must determine the most effective methods to protect their intellectual property rights wherever they do business....

In Mac's Shell Serv., Inc. v. Shell Oil Prods. Co., 559 U.S. 175 (2010), the Supreme Court held that a service station franchisee pursuing a claim of constructive termination against the franchisor must, under the Petroleum Marketing Practices Act, 15 U.S.C. §§ 2801-2841 (1978), abandon the...

Commentary, case law, and business practices all indicate the need for consumers to recognize a franchisee's independence and to understand the basic legal implications thereof. These consumers should know with whom they are dealing and what that means for the prospective liability of...

Prospective franchisees often enter into the franchisor-franchisee relationship without truly knowing what they are getting into, leading to franchisee confusion, disappointment, and frustration. As a countermeasure, the FTC’s Franchise Rule compels pre-contract disclosures intended to foster...

When a franchise’s ownership and goodwill distribution under afranchising agreement are the subject of a dispute between two parties, thecharacterization of the parties’ franchise relationship is often contested.For example, in disputes arising from issues related to franchise...

The rapid expansion of franchising requires that the courts, and the law in general, adapt to new circumstances, including the franchise parties’ rightful expectations. Franchisees and franchisors may not act in the spirit of the contract, and the traditional approach under contract damages...

Could North Korea (officially, the Democratic People’s Republic of Korea) actually become Northeast Asia’s next big free market economy? At first blush, economic optimism about the Hermit Kingdom seems incredibly misplaced. North Korea is one of the most repressive countries in the world;...