Robert W. Emerson
Professor | University of Florida
Gainesville, FL, UNITED STATES
Robert W. Emerson focuses on all aspects of employment law and franchising.
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 (9)
Alternative Dispute Resolution
Comparative Law
Dispute Resolution
Legal Ethics
Franchise Law
Contracts
Employment Law
Legal History
Business Litigation
Media Appearances (2)
Legal Eagles Virtual Summit
Franchise Times online
2024-04-10
Get a little pro bono legal insight from our panel of top franchise attorneys as we examine the legal landscape in 2024 and beyond. From state and federal regulatory actions to trademark protection, franchise sales compliance and the influence of AI, we’ll cover key intel franchisees and franchisors need to know to position their businesses for success.
Business-government Relations: Anything but Business?
Florida Political Review online
2022-03-08
Controversy surrounding the relationship between local government and small businesses has surfaced in the current legislative session. “It is easy enough for a business to blame a local ordinance for profit losses, but it is another thing to prove it is the direct cause,” Emerson said.
Articles (3)
U.S. Franchise Regulation as a Paradigm for the European Union
Washington University Global Studies Law ReviewRobert 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.
The Use and Disuse of the Magna Carta: Due Process, Juries, and Punishment
North Carolina Journal of International LawRobert 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.
Transparency in Franchising
Columbia Business Law ReviewRobert 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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