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Unconscionability: When Is a Contract Too Unfair to Enforce?

Unconscionability: When Is a Contract Too Unfair to Enforce? In the realm of contract law, the doctrine of unconscionability operates as a moral and legal safeguard against exploitative bargains. A principle derived from equity, unconscionability challenges the assumption that all contracts are the result of equal bargaining power and informed consent. At its core, the doctrine asks: When is a contract so one-sided, so exploitative, that it offends the conscience of the court? This essay Read more

By Tsvety, ago

Quiet Firing 101: Is It Legal to Push an Employee Out Instead of Firing Them?

Quiet Firing: Is It Legal to Push an Employee Out Instead of Firing Them? In the evolving landscape of employment practices, a new term has surfaced—quiet firing. Unlike traditional termination, where an employer formally ends an employment relationship, quiet firing describes the act of systematically pushing an employee out of their role without a formal dismissal. This might involve deliberate neglect, reduction of responsibilities, exclusion from opportunities, or creating an unwelcoming environment in hopes the Read more

By Tsvety, ago

Climate Crimes: Toward a Theory of Ecocide as an International Offense

Climate Crimes: Toward a Theory of Ecocide as an International Offense What are climate crimes? The global environmental crisis, marked by accelerated climate change, biodiversity loss, and ecosystem collapse, has revealed a profound moral and legal void in international law. While the international community recognizes crimes such as genocide, war crimes, and crimes against humanity, the systematic destruction of nature—despite its equally devastating and long-term consequences—remains inadequately addressed. This essay explores the concept of ecocide Read more

By Tsvety, ago

Fan Fiction & Copyright Law: When Does Homage Become Theft?

Fan Fiction & Copyright Law: When Does Homage Become Theft? In the vast landscape of contemporary storytelling, fan fiction occupies a peculiar, often paradoxical space. It is an act of homage and creativity that thrives on borrowed worlds and beloved characters—yet it teeters on the edge of legal boundaries defined by copyright law. As fan fiction has evolved from obscure zines to mainstream online archives, it raises a critical question: When does homage become theft? Read more

By Tsvety, ago

Startup Legal Mistakes: 5 Contracts You Should Never Skip

Startup Legal Mistakes: 5 Contracts You Should Never SkipAn Essay on the Foundational Legal Architecture of New Ventures In the passionate and fast-paced world of startups, legal considerations are often eclipsed by innovation, funding ambitions, and the race to market. Yet, the legal architecture of a business is as critical to its survival as its product or team. Mistakes at this level are rarely dramatic at first—but they are often devastating in hindsight. Startups operate Read more

By Tsvety, ago

Short-Term Rental Laws 101: Is Your Airbnb Illegal?

Short-Term Rental Laws: Is Your Airbnb Illegal? In recent years, the rapid proliferation of short-term rental platforms such as Airbnb and Vrbo has transformed the landscape of global tourism, urban housing, and local economies. This transformation, while offering considerable benefits to travelers and property owners alike, has also sparked widespread legal and regulatory debates. A central question emerges: is your Airbnb legal? The answer is rarely straightforward and hinges upon a complex interplay of local, Read more

By Tsvety, ago

Is Universal Basic Income (UBI) Legally Feasible? Lessons from Global Experiments

Is Universal Basic Income (UBI) Legally Feasible? Lessons from Global Experiments The concept of Universal Basic Income (UBI)—an unconditional, regular financial payment to all citizens regardless of employment status or income—has gained traction over the past decades. Promoted as a solution to poverty, automation-induced unemployment, and economic inequality, UBI poses complex questions not only in terms of economics and sociology but also within the realm of law. Is it legally feasible? What legal precedents, constitutional Read more

By Tsvety, ago

Debtor in Possession in Legal Terms 101: A Big Study in Bankruptcy Law

Debtor-in-Possession in Legal Terms: A Study in Bankruptcy Law I. Introduction In the realm of bankruptcy law, particularly under Chapter 11 of the United States Bankruptcy Code, the concept of the Debtor in Possession (DIP) represents a cornerstone of modern reorganization procedures. It denotes a legal and fiduciary status whereby the debtor retains possession and control of its assets and business operations during the bankruptcy proceedings, subject to oversight and legal constraints. The DIP framework Read more

By Tsvety, ago

Adverse Possession 101: A Legal Analysis

Adverse Possession: A Legal Analysis Adverse possession is a legal doctrine that permits a person to acquire title to land through continuous and unauthorized possession over a statutory period. Rooted in the common law tradition, adverse possession reconciles property law’s commitment to certainty and efficiency with social and economic policy objectives. Though controversial in ethical and philosophical debates, legally, it serves to extinguish stale claims and recognize de facto land usage. This essay offers a Read more

By Tsvety, ago