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With the passage of the Internet Gambling Ban of 2006, Congress envisioned a complete prohibition on online poker and online gambling in general. Instead, this hastily passed law has created more confusion than it has cured. By failing to acknowledge jurisdictional problems associated with this...
Persistent link: https://www.econbiz.de/10014050226
Online Dispute Resolution (ODR) has been promoted for quickly and conveniently resolving claims using online “drive-thru” processes instead of more costly and time-consuming face-to-face meetings and hearings. Most commentators have nonetheless focused mainly on non-binding or automated...
Persistent link: https://www.econbiz.de/10014194186
As arbitration’s prominence grows in a wide variety of contracts, it is imperative to ensure fairness with respect to its use and procedures. However, the proposed Arbitration Fairness Act (AFA) may be too rash in its blanket ban on pre-dispute arbitration agreements in employment, consumer,...
Persistent link: https://www.econbiz.de/10014198243
This Essay examines the possible effect the Supreme Court's landmark Second Amendment ruling in Heller will have on future cases brought under the Free Press Clause. Based on the text and history of the Constitution, the connection between the two Clauses is undeniable, as the Heller Court...
Persistent link: https://www.econbiz.de/10014216805
The paper analyses the proposed Common European Sales Law (hereinafter ‘CESL’) and in particular the provisions on seller’s obligation and consumer’s remedies in case of non-performance. The Author explores the provisions of the CELS taking into account the rules of Consumer Sales and...
Persistent link: https://www.econbiz.de/10014162339
The growth of the quality of digital content market is intrinsically linked to consumer confidence, and the confidence of consumers is rooted in the awareness consumers have regarding their rights in the purchase of digital content. The Consumer Rights Act 2015 recently enacted in the United...
Persistent link: https://www.econbiz.de/10014120643
For well over a century, U.S. trademark law has afforded brand owners certain rights, remedies and obligations. As the Department of Commerce has noted, owners of trademarks have both a legal right and an affirmative obligation to protect their trademarks from unauthorized third-party use....
Persistent link: https://www.econbiz.de/10014123377
Persistent link: https://www.econbiz.de/10013023742
The opinion of the Supreme Court of the United States in United States v. Windsor is express in its affirmation of the right of states to regulate family law; it affirms state power at least twenty-nine times. In repudiating the federal definition of marriage, Windsor seems to uphold state...
Persistent link: https://www.econbiz.de/10013051550
In this paper, intended as a chapter for a study book, attention is given to the notion of harmonisation, its operation in the area of private law and the extent to which harmonisation of private law rules contributes to the development of the internal market
Persistent link: https://www.econbiz.de/10014240311