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Franchising Cases, Materials, and Problems
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Description
The concept of franchising can be traced back at
least to the Middle Ages, when artisans were
allowed to hang their guild signs, but had to
meet certain criteria before they could practice
their trades. As a modern business
concept, franchising traces its roots to the
Singer Sewing Company distribution system, and,
as a very modern day business concept, to the
rise of current franchising systems
like McDonald's. Today there are thousands of
franchise
companies in the United States. As an area of
academic study, however, franchise law is a new
kid on the block. Many casebooks are constructed
by academics who have spent the primary portion
of their careers in teaching environments.
This casebook is different. Some of the
contributors are full-time faculty members and
some have taught franchising in various law
schools, but most have been private practitioners
for the bulk of their careers. Collectively,
they've have spent more than 500 years working
with clients in the real world and thinking about
the kinds of questions that the book
explores. They are some of the best and the
brightest, and the most experienced in the field
of franchise law, and their real-world experience
brings a blend of theoretical and
practical perspectives on the legal and policy
issues raised by franchising as a business model
to this unique casebook. Franchising Cases,
Materials, ampProblems is designed for use in a
franchise law course. The introduction and the
chapter on the history of franchising offer broad
perspectives on the material that later chapters
explore in greater depth. A teacher who wishes to
emphasize the role of intellectual
property concepts in franchise law can assign the
chapters on trademarks, trade secrets, and
copyright in full as well as parts of other
chapters. A teacher who prefers to emphasize the
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regulatory aspects of franchise law can assign
the chapters on disclosure and relationship laws
in full, supplemented by parts of other chapters.
Together, the chapters on regulation
raise provocative questions concerning American
federalism. The chapter on other types of
business relationships highlights both the
difficulty of defining the legal term
franchisequotwith precision and the remarkable
variety of business relationships that franchise
laws may govern.
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Franchising Cases, Materials, and Problems