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8 Dec 2015, 3:55 am by Matthew L.M. Fletcher
  Why Federal Constitutional Concerns Should Not Trouble the Court The Chief Justice expressed concerns that nonmembers aren’t protected by federal constitutional law, an issue he mentioned in Plains Commerce Bank. [read post]
17 Sep 2015, 6:01 am by Administrator
Each Thursday we present a significant excerpt, usually from a recently published book or journal article. [read post]
20 Jul 2015, 9:18 am by John Delaney and Anthony M. Ramirez
But it’s still possible in most app stores for users to purchase and download an app without seeing the EULA; accordingly, for apps that may present significant risk issues—such as banking or e-commerce apps—the most conservative approach is to require an affirmative “click-accept” of the EULA when the app is first opened by a user on his or her device. 3. [read post]
20 Jul 2015, 9:18 am by John Delaney and Anthony M. Ramirez
But it’s still possible in most app stores for users to purchase and download an app without seeing the EULA; accordingly, for apps that may present significant risk issues—such as banking or e-commerce apps—the most conservative approach is to require an affirmative “click-accept” of the EULA when the app is first opened by a user on his or her device. 3. [read post]
14 Jul 2015, 9:00 pm by Karel Frielink
He is a former member of the Board of Directors of the Curacao Chamber of Commerce. [read post]
1 Jul 2015, 8:34 am by Matthew L.M. Fletcher
Mississippi Band of Choctaw Indians Fifth Circuit Disclaims Independent Obligation to Ensure that Tribal Courts Have Subject Matter Jurisdiction in Disputes Involving Nonmembers Recent law review articles on tribal civil jurisdiction and tribal courts Berger, Justice and the Outsider Jurisdiction over Nonmembers in Tribal Legal Systems Carlson, Jurisdiction and Human Rights Accountability in Indian Country Christensen, Creating Bright-Line Rules for Tribal Court Jurisdiction over Non-Indians The… [read post]
30 Jun 2015, 11:38 am
In plain English, this means U.S. courts cannot enforce judgements that doing business in or being based in the West Bank or Golan Heights violates international law, or particular European rules. [read post]
11 May 2015, 2:18 pm by Chuck Cosson
  For example, I not only have to call the bank to dispute that charge, but if the bank disables my card on its server, the data on the servers of my e-commerce provider is impacted (the card # they store is no longer valid). [read post]
12 Mar 2015, 5:26 am by Barbara Bavis
The organization of statutes varies by jurisdiction, but you might want to look in areas like: “commerce and trade”; “public health and welfare”; “banks and banking”; “business and professions”; “commercial codes”; “insurance”; “health and safety”; “food and agriculture”; “regulation of trade, commerce, investments, and solicitations”; “commercial… [read post]
12 Mar 2015, 5:26 am by Barbara Bavis
The organization of statutes varies by jurisdiction, but you might want to look in areas like: “commerce and trade”; “public health and welfare”; “banks and banking”; “business and professions”; “commercial codes”; “insurance”; “health and safety”; “food and agriculture”; “regulation of trade, commerce, investments, and solicitations”; “commercial… [read post]
15 Jan 2015, 9:57 am by Maureen Johnston
Hamilton Bank apply to any constitutional claim – including the procedural due-process claims in this case – when that claim shares facts in common with a possible Takings Clause claim; and (2) whether federal courts must impose special exhaustion requirements on Takings Clause claims even where, as here, the taking is “final. [read post]
1 Dec 2014, 7:05 am by Ronald Mann
For reasons rooted in the Supreme Court’s narrow conception of the Commerce Clause in the nineteenth century, trademark rights arise under state law – for the most part, state common law. [read post]
26 Aug 2014, 7:14 am by Michelle O'Neil
Code Title 15 (Commerce and Trade), the Texas Finance Code, and the Texas Business and Commercial Code, illustrate that banks and brokerage firms generally fall under distinct statutory and regulatory regimes. [read post]
26 Aug 2014, 5:14 am by Michelle O'Neil
Code Title 15 (Commerce and Trade), the Texas Finance Code, and the Texas Business and Commercial Code, illustrate that banks and brokerage firms generally fall under distinct statutory and regulatory regimes. [read post]
30 Jun 2014, 8:03 am by Barry Sookman
It is likely that a plain reading of CASL and the regulations would violate many of the above principles. [read post]