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...

Linking academic enterprises to large-scale, money-making sports operations can be, to put it mildly, problematic. However, as I sit here waiting to attend a university graduation ceremony at our 90,000-seat football stadium, I can look at the sunny side. Sports team loyalties can be a great...

The parol evidence rule, though a venerable concept in contract law, remains a source of controversy. This key tenet of contract interpretation “bars extrinsic terms agreed upon prior to or at the same time as, a total integration regardless of whether the term is written or oral.” In other...