Procurement of goods, works and other services by public bodies alone amounts on average to between 15% and 30% of Gross Domestic Product (GDP), in some countries even more. Few activities create greater temptations or offer more opportunities for corruption than public sector procurement....

The presence of a physical object (a book, DVD, CD) plays a determinant role in how information products (e.g., commercial copies of computer programs, books, musical recordings, video games, and virtual worlds) are regulated, in contrast with copies of similar information products with no...

Contractual duress, unconstitutional conditions, and blackmail have long been puzzling. The puzzle is why these doctrines sometimes condemn threatening lawful action to induce agreements but sometimes do not. This Article provides a general solution to this puzzle. Such threats are (and should...

משטר הנאמנות הישראלי שלפי חוק הנאמנות היה, בעת שנחקק, חריג בקרב משטרי הנאמנות בעולם. בניגוד לרובם המכריע של משטרים אלה, החוק התיר יצירתה של נאמנות ללא העברת הבעלות...

ERISA preemption of state laws is determined using the following three rules. First, ERISA permits state laws that do not diminish or enhance any of the ERISA basic benefit protections. Second, ERISA preempts any state law that diminishes or enhances any of the three ERISA basic benefit...

There is an interesting exception to businesses’, employers’, and service providers’ seemingly universal embrace of arbitration processes, particularly mandatory pre-dispute arbitration. Although it may be difficult to believe given arbitration’s current popularity, not everyone requires...

A person subject to guardianship has been judicially determined to lack legal capacity. Stripped of legal personhood, the individual becomes a ward of the state and his or her decisions are delegated to a guardian. If the guardian abuses that power or the guardianship has been wrongly imposed...

Notorious for its non-participation in the international system of investment protections, Brazil is one of the most popular destinations for foreign direct investment (FDI) around the world. But unlike most countries, including its neighbours in Latin America, Brazil is neither party to any...

In recent years, the negotiation and conclusion of international investment agreements (IIAs) in Latin America has gone hand-in-hand with a rethinking of investment standards and the elaboration of new IIA models. This is evident, among others, in Brazil’s cooperation and facilitation...

The GNU General Public License, one of the most popular licenses for software, allows distributors of software under the GPL fees only for the physical transfer of software. Much of the literature by its creator, Richard Stallman, however, indicates that there need not be any relationship...