Emory Law Journal


Fraternities consist of a national organization and numerous local chapters located nationally, which operate similarly, hold the same values, and perform the same rituals. Fraternities are operationally and structurally similar to franchises. This Comment argues for courts to consider fraternities to be franchise arrangements and to apply franchise case law when determining the liability of national organizations. A franchise model provides a ready-made approach that considers fraternity structure and operation and finds liability when the requisite relationship and control exist. Accordingly, this Comment analyzes how fraternities are franchise arrangements and demonstrates the ready-made approach a franchise model provides by applying franchise liability to a fraternity using recent Maine cases.