Amazon as a Seller of Marketplace Goods Under Article 2
This Article looks at Amazon’s liability as a “seller” of unmerchantable goods under Article 2 of the Uniform Commercial Code. Thus far, litigants and courts have almost exclusively focused on Amazon’s liability in tort. This piece, however, argues that there is a compelling argument that Amazon is liable for defective third party goods because it is a merchant seller under § 2-314 of the Uniform Commercial Code.
ELI Approves ALI-ELI Principles for a Data Economy
The European Law Institute has voted approved ALI-ELI Principles for a Data Economy: Data Rights and Transactions, marking the completion of the first joint project between ALI and ELI.
Obsolescence: The Intractable Production Problem in Contract Law
Contract law has long suffered from an institutional problem: Which legal institution can best create an efficient law for commercial contracts that can overcome “obsolescence”—the persistence of rules that only solve yesterday’s contracting problems?
Creating Cryptolaw for the Uniform Commercial Code
By providing the computer code needed to build the Lexon U.C.C. Financing Statement, this Article demonstrates not only that crypto-legal structures are possible, but that they can simplify the law and make it more accessible.
On Power & the Law: McGirt v. Oklahoma
This Essay aims to translate federal Indian law and the success of McGirt in order to demonstrate the broad purchase of these lessons for understanding the relationship between power and law, as well as for theories of legal change more generally.
Warranty, Product Liability and Transaction Structure: The Problem of Amazon
This article asks the question: Should Amazon be considered a “warrantor” for the purposes of making the implied warranty of merchantability when it serves as an intermediary between a third-party seller and a consumer buyer?