Although federally- and state- chartered corporations function similarly, federal law privileges the former in at least one significant respect: their access to this nation’s federal courts. Pursuant to the language now codified in Section 1332 of the twenty-eighth title of the United States...

The CJEU published its much-awaited preliminary ruling in Case C-263/18 - Nederlands Uitgeversverbond and Groep Algemene Uitgevers (the Tom Kabinet case) in December 2019. Our paper aims to introduce the Tom Kabinet ruling and discuss its direct and indirect consequences in copyright law. The...

This short symposium piece looks at one controversial set of proposals for reforming data governance: the move towards “collective data rights.” The project for recognizing collective data rights is inspiring, understandable, and laudable. At the same time, however, this piece highlights a...

Under what circumstances do third parties have standing to assert a decedent’s cause of action under various federal consumer protection statutes? Over time, federal courts opted to adopt a unique set of principles to guide this determination. This short article affords an overview of these tenets

According to many, discovery under the Federal Rules of Civil Procedure (“Rules” collectively, or “Rule” individually) imposes a multiplicity of financial and administrative burdens on parties and courts. True, much debate rages over the true extent of these costs; true, mindboggling...

Contrary to the numerous accounts of fragmentation in investment arbitration case law, this Article shows that the case law depicts a high degree of cohesion. The Article argues that jurisprudence in investment arbitration is stabilized by distinct mainstream interpretations of the key...

A festering ambiguity buried within the thirteenth chapter of the Bankruptcy Code threatens to shadow future rehabilitations of any mixed-use development owned by one or more individuals or proprietorships eligible to file for relief under that chapter. The reason for this pendant danger...

Amongst the group of related sections touching upon the creation and administration of a plan of debt adjustment pursuant to Chapter 13 of the Bankruptcy Code (“Code”), just one—§ 1329—concerns post-confirmation modification. This section’s first lettered paragraph enumerates the...

Case law discussions in sport management scholarship and pedagogy frequently focus exclusively on one primary topic area. Thus, a case serves as a textbook example of a specific legal theory and management practice points. Occasionally, a multi-faceted case allows for an elaborate, comprehensive...

Currently trademark bullying has become a serious concern for many small businesses that feel as though powerful corporations are abusing aggressive trademark enforcement and litigation techniques to crush genuine competition. No doubt these concerns merit the serious consideration of all...