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Though both the U.S. Constitution and the Michigan Constitution say that property shall not be taken for public use quot;without just compensation,quot; court interpretations of various laws and regulations have undermined that principle. Owners are usually awarded compensation in the courts...
Persistent link: https://www.econbiz.de/10012752117
This article presents and analyzes the law pertaining to the Buyer's power to avoid (terminate) an international sales contract for breach of contract by the seller.Avoidance (or ldquo;terminationrdquo;) of the contract is the most extreme measure a party may take in response to a breach of...
Persistent link: https://www.econbiz.de/10012752243
Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the...
Persistent link: https://www.econbiz.de/10012753811
This article considers whether the emergence of business models based on free digital delivery of music and other content have rendered copyright protection less necessary or justifiable. Falling production and distribution costs have led many scholars and popular commentators to conclude that...
Persistent link: https://www.econbiz.de/10012754924
Persistent link: https://www.econbiz.de/10012755351
Persistent link: https://www.econbiz.de/10012719535
In Saulnier v. Royal Bank of Canada, the Supreme Court of Canada held that a fishing license is property for the purposes of both the Bankruptcy and Insolvency Act and the provincial personal property security statutes. The consequences were that: (1) subject to security interests, Saulnier's...
Persistent link: https://www.econbiz.de/10012720030
This paper considers the concept of national participation and development of Nigerian content in the country’s oil and gas industry. It analyzes the state of the oil and gas industry in Nigeria. An attempt is made to succinctly elucidate on the otherwise illusory concept of national...
Persistent link: https://www.econbiz.de/10013314472
This chapter explores IP protectability of what may be broadly termed “folk music,” though, that is a term fraught with ambiguity, from an intellectual property social justice (IP-SJ) framework. Our IP-SJ approach helps illuminate how IP law and administration affect opportunities for...
Persistent link: https://www.econbiz.de/10013316080
In many settings, human beings are boundedly rational. A distinctive and insufficiently explored legal response to bounded rationality is to attempt to "debias through law," by steering people in more rational directions. In many important domains, existing legal analyses emphasize the...
Persistent link: https://www.econbiz.de/10005014925