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Full-Text Articles in Law
An Avenue For Fairness: Disclosure-Based Compensation Schemes For Good Faith Purchasers Of Stolen Art, Caroline Harvey
An Avenue For Fairness: Disclosure-Based Compensation Schemes For Good Faith Purchasers Of Stolen Art, Caroline Harvey
Georgia Law Review
Art theft occurs regularly around the world, and each
year stolen works of art are funneled into the
international art market. While the United States boasts
the world’s largest art market, it is also home to the
biggest market of illegal art. Longstanding principles of
property law are unfavorable to unwitting good faith
purchasers of stolen art, who are often forced to return
works to true owners at great financial loss. This Note
explores the legal implications of purchasing a stolen
work of art in the United States and the equities
associated with defenses available to good faith
purchasers. In …
Fixing Ever-Ready: Repairing And Standardizing The Traditional Survey Measure Of Consumer Confusion, Eric D. Derosia
Fixing Ever-Ready: Repairing And Standardizing The Traditional Survey Measure Of Consumer Confusion, Eric D. Derosia
Georgia Law Review
In trademark infringement litigation, courts often rely
on consumer surveys that use the “Ever-Ready” method
to measure consumer confusion. Courts are
understandably careful to scrutinize consumer surveys
for ways in which their methodology might have biased
their results toward the outcome desired by their
proponents. This Article strengthens and improves such
examinations by empirically testing and improving the
Ever-Ready method itself.
The findings of four new empirical studies reported in
this Article indicate the faith placed by the courts in the
Ever-Ready method is somewhat misplaced. Seemingly
subtle variations in the wording of the Ever-Ready
questions have a consistent and …
Patent Law And Means-Plus-Function Claim Language: Where It Was, Where It Is (Post Williamson V. Citrix), And Where It Should Go In The Future, Joel Bradley
Georgia Law Review
In response to proliferating abuse of the functional
language allowances governing means-plus-function
patent claims in 35 U.S.C. § 112, the Federal Circuit, in
its recent decision Williamson v. Citrix, lowered the
presumption againstpatent claims arising under § 112.
Before Citrix, there existed a strongpresumption that the
scope of § 112 did not encompass claims not including
the specific language "means"-aloophole that drafters
employed to avoid being subject to § 112 limitations.
The Federal Circuit sought to remedy this loophole by
lowering the strength of the presumption and also by
shifting the focus of the presumption to language
analogous to "mean." …
Perfecting Bitcoin, Kevin V. Tu
Perfecting Bitcoin, Kevin V. Tu
Georgia Law Review
Bitcoin is still here. The price of Bitcoin rebounded-
setting a record high of $19,783.21 per Bitcoin in
December 2017 before dropping to a price of $8,690 per
Bitcoin as of March 22, 2018. Moreover, legal and
regulatory developments, like New York's BitLicense and
federal taxation of virtual currency as property, can be
viewed as legitimizing its use. The normalization of
virtual currency is evidenced by its increasingly
mainstream applications. Virtual currency can be used
as a faster and lower cost method of transferringfunds
domestically and internationally. A growing number of
retailers now accept virtual currency as a method of …
Protect Yourself: Why The Eleventh Circuit's Approach To Sanctions For Protective Order Violations Fails Litigants, Adam J. Fitzsimmons
Protect Yourself: Why The Eleventh Circuit's Approach To Sanctions For Protective Order Violations Fails Litigants, Adam J. Fitzsimmons
Georgia Law Review
Litigants commonly struggle to balance the need to comply with discovery requests and the desire to protect valuable trade secrets. Protective orders to help strike that balance. Questions arise, however, when one of the parties violates that protective order and discloses the opponent's confidential information. Chiefly, what remedies are available for a party whose invaluable intellectual property has been disclosed? At least one circuit has held the most common sanction, payment of attorney's fees, is unavailable for a violation of a protective order. Generally, Federal Rule of Civil Procedure 37(b)(2) governs sanctions for violations of discovery orders, but the text …
Rethinking The Commercial Law Treaty, John F. Coyle
Rethinking The Commercial Law Treaty, John F. Coyle
Georgia Law Review
In international commercial transactions, it is not
always clear which state's law will apply to govern a
particular contract. Historically, states have sought to
address this problem by means of two types of treaties.
The first aims to solve the problem by bringing about the
substantive unification of commercial law across multiple
jurisdictions;once the law is everywhere the same, then it
no longer matters which state's law applies to govern the
contract. The second aims to solve the problem in part by
empowering the transacting parties to choose the law that
will govern their contract; once these parties know that …
Market Realities Do Not Embody Necessary Economic Theory: Why Defendants Deserve A Safe Harbor Under Section 2 Of The Sherman Act For Exclusive Dealing, Danielle N. Paschal
Market Realities Do Not Embody Necessary Economic Theory: Why Defendants Deserve A Safe Harbor Under Section 2 Of The Sherman Act For Exclusive Dealing, Danielle N. Paschal
Georgia Law Review
Exclusive dealing agreements are a form of vertical
restraint. They are often procompetitive and treated as
presumptively legal. Although claims against
anticompetitive agreements may be pursued under
numerous antitrust laws, claims have been brought more
recently under section 2 of the Sherman Act. Antitrust
laws generally focus on the percentage of foreclosure.
Section 2 of the Sherman Act, though, requires a smaller
percentage of foreclosure of distribution channels than
other antitrust laws. Analysis under section 2 of the
Sherman Act also focuses on the actual effects of the
agreement in the relevant market. Determining the
agreement's actual effects on the …