Robert W. Emerson University of Florida

Robert W. Emerson

Professor

robert.emerson@warrington.ufl.edu 352-262-8536
  • Gainesville FL UNITED STATES
  • Warrington College of Business

Robert W. Emerson focuses on all aspects of employment law and franchising.

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Biography

Robert W. Emerson is the Hubert Hurst professor of business law in the Warrington College of Business. Robert focuses on franchising and franchise law, contract law, employment law, legal ethics and history, comparative civil procedure and dispute resolution.

Areas of Expertise

Alternative Dispute Resolution
Comparative Law
Dispute Resolution
Legal Ethics
Franchise Law
Contracts
Employment Law
Legal History
Business Litigation

Media Appearances

'Two Dat' vs. 'Who Dat': Saints themed trademark dispute has Super Bowl in its sights

New Orleans Advocate  print

2018-12-27

Professor Emerson comments on the likelihood of this trademark dispute succeeding.

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Articles

U.S. Franchise Regulation as a Paradigm for the European Union

Washington University Global Studies Law Review

Robert W. Emerson and Michala Meiselles

2021-10-22

The protection afforded to franchisees differs widely across the world. Nations with economically strong franchise sectors typically regulate the contract's bargaining phase and post-formation. Responding to the European Parliament's call for a review of regulations governing Europe's underperforming retail franchise sector, (1) we propose reforms to counter the structural and economic inequality between franchise parties. Drawing on lessons from comparatively successful federal frameworks, we present a regulatory trifecta of mandatory disclosures to prospective franchisees, required express or implied contractual obligations and rights for both franchisors and franchisees, and compulsory adherence to certain protections of franchisees throughout the franchise relationship.

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The Use and Disuse of the Magna Carta: Due Process, Juries, and Punishment

North Carolina Journal of International Law

Robert W. Emerson and John W. Hardwicke

2021-07-30

This article reviews history and jurisprudence in order to examine American Magna Carta case law on due process, juries and punishment. The past of the Magna Carta is taken to the present. The sheer number of and reasoning in American court decisions highlight how England’s most venerable legal instrument cannot simply be seen as a legal talisman but must be recognized as a significant guidepost for interpreting some fundamental, current constitutional rights.

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Transparency in Franchising

Columbia Business Law Review

Robert W. Emerson

2021-06-14

This article presents some possibilities for promoting greater transparency in the franchisor-franchisee relationship through regulatory reform. Franchisee protection may also occur through the active involvement of franchisee associations in negotiating and forming the franchise relationship. An expanded set of claims enabling franchisees to bring a private right of action could help furnish them a fair, ultimate recourse to preserve and protect their statutory rights.

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