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Generic Trademarks, The Ftc And The Lanham Act: Covering The Market With Formica, David E. Shipley

Scholarly Works

This article focuses on the FTC's authority under section 14 of the Lanham Act to petition for the cancellation of a trademark on the ground that the mark has become "the common descriptive name of an article or substance" and, thus, generic. The FTC's recent decision to challenge Formica Corporation's FORMICA trademark manifests a shift in agency policy which is highly inappropriate and which could have damaging effects on consumers and industry. Competition and the public interest would be better served if the FTC did not exercise this discretionary power, leaving the issue of whether a trademark should be cancelled …

The Procedural Details Of The Proposed Tennessee Rules Of Appellate Procedure, John Sobieski

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No abstract provided.

Appeals To Court From Administrative Agencies, Thomas E. Plank

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No abstract provided.

The Probate And Establishment Of Domestic And Foreign Wills: An Analysis Of Statutory Requirements, Verner F. Chaffin, Donna G. Barwick

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In our mobile society, ownership of property in Georgia by nonresidents is increasing. Few, if any, nonresidents prepare separate wills to dispose of their property in a foreign state or make sure that the one will adheres to the formalities of every state in which they own property. Thus, it is reasonable to expect that the problems of probate of foreign wills will increase in future years. Likewise, Georgia testators increasingly desire to name family members or friends domiciled in other states to serve in a fiduciary capacity under their wills. This Article will describe contemporary statutory patterns which deal …

"Just Sign Here--It's Only A Formality": Parol Evidence In The Law Of Commercial Paper, Ellen R. Jordan

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Part I will argue that certainty is especially important in the law of negotiable instruments, although it does not outweigh all other values. In light of the need for certain rules, this Article will consider the policy choices made by the drafters of the Uniform Commercial Code's Article 3 on Commercial Paper with respect to parol evidence. Part II will examine certain parol evidence that is admissible against even the law's most favored plaintiff, the holder in due course. Part III will focus on the Code's indirect treatment of the most troublesome parol evidence problems, those which arise when the …

The Omen Of "Openness" In Local Government Law, R. Perry Sentell Jr.

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In the realm of government, the goal of publicity translates into "openness," and its proponents have long cited James Madison: "A popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy, or perhaps both." In recent times, openness in government--and the quest for it--have experienced a resounding revival of interest. The result is yet another of those intriguing domains where basic traditional sentiments merge with intense modern reforms. Governments at all levels have felt the impact of that revival, an impact produced by diverse developments in various contexts. Three …

A Model Of The Law Communication Process: Formal And Free Law, Sandra M. Huszagh, Fredrick W. Huszagh

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This Article and the one to be published in the next issue depict how government decrees are made available to citizens and identify those conditions under which various citizens are not likely to acquire the knowledge essential for the deference that American government requires. The process by which government communicates its commands to citizens is often inadequate to make individuals or organizations aware of applicable laws. Even if the citizen receives the law, he may fail to understand or respond to the law as the law-drafters intended. The roots of these failures can be examined alternatively by (1) analyzing the …

Judge Lewis R. Morgan: A Partisan Retrospective, Robert D. Brussack

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Professor Brussack first presented his tribute to Judge Morgan at a gathering of Judge Morgan's colleagues and former law clerks on October 20, 1978, at the University of Georgia School of Law.

Local Government "Home Rule": A Place To Stop?, R. Perry Sentell Jr.

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In November 1977, the Supreme Court of Georgia rendered a decision in City of Atlanta v. Myers which invalidated a municipal ordinance requiring that police officers and firefighters be residents of the municipality. The public media, in its discussion of the decision, primariily pointed out the residency requirement, the policy behind it, and its advantages and disadvantages to the cause of good government--all important matters. As frequently happens, however, even more crucial considerations in the case may have gone unheralded. From the legal perspective, that is, the importance of the decision and its implications may considerably transcend the factual context …

Book Review: Introduction To Commercial Transactions (1977), Ellen R. Jordan

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Book review of INTRODUCTION TO COMMERCIAL TRANSACTIONS, by Robert Braucher & Robert A. Riegert (NY: The Foundation Press, 1977).

Interpreting An Insurance Policy In Georgia: The Problem Of The Evidentiary Condition, Eric M. Holmes

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The purpose of this essay is to suggest an analytic framework for solving a recurrent insurance problem which springs from what might be called an "evidentiary condition." These conditions can be found in most classes of insurance policies. The immodest purpose of this modest essay is to devise a line of analysis which resolves the problems raised by evidentiary conditions and affords sensitivity and protection to all the competing interests in an insurance contract. The proffered solution, which I label the doctrine of evidentiary conditions, may furnish a doctrinal bridge for reconciling the two disparate contract schools.

Defense Under The Age Of Discrimination In Employment Act: Misinterpretation, Misdirection, And The 1978 Amendments, Mack A. Player

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The Age Discrimination in Employment Act of 1967 prohibits employers, labor organizations, and employment agencies from discriminating because of age, but it does not protect all age groups against employment discrimination. As enacted, the 1967 Act protected persons between the ages of forty and sixty-five; the amendments in April 1978 extended that protection five years to age seventy. Thus it is not illegal to discriminate against people before their fortieth or after their seventieth birthday. The Act, in its original and amended versions, contains five exceptions or "defenses" to age discrimination in employment. Only the "bona fide occupational qualification" (BFOQ), …

Construing The Uniform Division Of Income For Tax Purposes Act: Reflections On The Illinois Supreme Courts Reading Of The "Throwback" Rule, Walter Hellerstein

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Part I of this article examines the structure and underlying policy of the Uniform Division of income for Tax Purposes Act's provisions relating to the apportionment of income arising from economic activity conducted across state lines. In particular, it considers the Act's "throwback" rule, which reapportions income ordinarily apportioned to a state in which it is not taxable to one in which it is. Part II explores in detail the Illinois court's resolution of the problem raised by GTE, namely, how to assign sales of tangible personal property, which are used as a basis for apportioning income, when such sales …

Ptolemaism In The Law And Concomitant Needs For Scientific Study Of The Legal System, Fredrick W. Huszagh

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Traditional law review and text development efforts ensure the internal integrity of the law system. This article has attempted to explore research approaches that can improve the quality and quantity of the linkages between the law and other systems. Inherent in the approaches advocated with the physical science, social science and humanistic disciplines.

Constructive reliance on other disciplines, however, is not easily achieved, since the parts of each major discipline are so disparate and their yearly achievements so substantial. In most instances, their import for the law system cannot be fully grapsed by law scholars, even if they are trained …

Through A Glass Darkly: Equal Protection For Home Rule Units In Illinois – Urbana V. Houser, Daniel H. Derby

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No abstract provided.

The Impact Of The Federal Eft Act On Customer Contracts In New York State, Harold I. Abramson, Jay Martin

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No abstract provided.

Postconviction Habeas Corpus Relief In Georgia: A Decade After The Habeas Corpus Act, Donald E. Wilkes Jr.

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Part II of this Article will highlight the grounds for relief from a conviction or sentence that were available to a Georgia prisoner prior to 1967 and the procedural obstacles to relief that existed. Part III will explore the grounds for relief currently available, and Part IV will examine the procedural obstacles to postconviction relief that remain. Part V will briefly summarize the availability of postconfiction relief in federal court to determine whether the 1967 Act has in fact eliminated the friction between the state courts and the federal courts.

Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer

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No abstract provided.

Conditional Liberation (Parole) In France, Christopher L. Blakesley

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Anglo-American parole owes its theoretical development and its early systematization, indeed its very existence, to France. It has been said that France has the genius of invention, but that too often the great ideas born in France are neglected there to find their baptism of success in other countries. This remark characterizes the history of the parole concept in France. Yet, the latest innovations being developed in France portend new possibilities for success in the rehabilitation of convicts. This section will trace briefly the history of conditional liberation the French counterpart of Anglo-American parole, and describe the development of the …

Constitutional Law - Due Process - Notice By Publication Is Constitutionally Inadequate In Tax Sale Proceeding, Martin A. Geer

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In 1976 the Michigan Supreme Court’s determined in Doe v. State that procedural due process requires an owner of a significant interest in real property to be given notice of the state’s foreclosure petition and a meaningful opportunity for a hearing which he may challenge the state’s claim that property taxes remain unpaid without legal justification. This casenote examines the existing legal precedent during the Doe v. State decision, the Michigan Supreme Court’s decision and analysis, and the legislature’s actions following the decision.

Note, A Dialogue On The Political Question Doctrine, Thomas B. Mcaffee, Christopher A. Johnson

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Legal scholars have generally discussed the political question doctrine as part of the larger debate over the legitimacy of judicial review. Points of discordance aside, scholars have agreed that the doctrine is “a classic technique of judicial avoidance, a way of allowing a governmental decision to stand without involving the Court in supporting its legitimacy.” Thus, debate over the objectives, legitimacy and scope of the doctrine has traditionally proceeded from the unquestioned assumption that there exists a body of law which justifies judicial abstention from deciding some types of issues.

In recent years, however, some scholars have challenged the assumption …

Differential Pass-Fail Rates In Employment Testing: Statistical Proof Under Title Vii, Elaine W. Shoben

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In this Comment, Professor Shoben advocates the use of a statistical technique—a test of the difference between independent proportions—to assess the substantiality of differences in pass rates among various groups on employment tests, in order to facilitate determination of disproportionate impact under title VII of the Civil Rights Act of 1964. She then compares this method with the procedure adopted in the Federal Executive Agency Guidelines on Employee Selection Procedures and suggests several flaws in the latter approach.

Unraveling Waiver By Default, C. Ronald Ellington

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Does a default judgment for nonappearance cut off a defendant's right to move later under section 60 of the Civil Practice Act to set aside the judgment because of a defect in service, lack of venue, or lack of personal jurisdiction? In recent years the Georgia Court of Appeals has repeatedly answered this most perplexing question by holding that a defendant who defaults waives his objectinos to venue and lack of personal jurisdiction. Defects in service, however, are not waived, even when the defendant receives actual notice of the lawsuit. The court of appeals' appraoch is highly questionable, perhaps even …