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Full-Text Articles in Law

Choice-Of-Law Agreements In International Contracts, Gary Born, Cem Kalelioglu Jan 2022

Choice-Of-Law Agreements In International Contracts, Gary Born, Cem Kalelioglu

Georgia Journal of International & Comparative Law

No abstract provided.


Are You In Or Out? Hong Kong And The Applicability Of The United Nations Convention On Contracts For The International Sale Of Goods, Cullen Threlkeld Sep 2021

Are You In Or Out? Hong Kong And The Applicability Of The United Nations Convention On Contracts For The International Sale Of Goods, Cullen Threlkeld

Georgia Journal of International & Comparative Law

No abstract provided.


Exhaustion Requirements And Dispute Resolution Reform In Bilateral Investment Treaties, William Crowder Gaskins Jr. Jul 2021

Exhaustion Requirements And Dispute Resolution Reform In Bilateral Investment Treaties, William Crowder Gaskins Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Circuit Board Jurisdiction: Electronic Payments And The Presumption Against Extraterritoriality, Samuel L. Hatcher Apr 2020

Circuit Board Jurisdiction: Electronic Payments And The Presumption Against Extraterritoriality, Samuel L. Hatcher

Georgia Journal of International & Comparative Law

No abstract provided.


Causing A Sanctions Violation With U.S. Dollars: Differences In Regulatory Language Across Ofac Sanctions Programs, Christine Abely Feb 2020

Causing A Sanctions Violation With U.S. Dollars: Differences In Regulatory Language Across Ofac Sanctions Programs, Christine Abely

Georgia Journal of International & Comparative Law

No abstract provided.


An Avenue For Fairness: Disclosure-Based Compensation Schemes For Good Faith Purchasers Of Stolen Art, Caroline Harvey Jan 2020

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 Jan 2019

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 …


Diamonds Aren't Always A Consumer's Best Friend: Considering The Need For Regulation In The Diamond Grading Industry, Hannah Ponders Feist May 2018

Diamonds Aren't Always A Consumer's Best Friend: Considering The Need For Regulation In The Diamond Grading Industry, Hannah Ponders Feist

Georgia Journal of International & Comparative Law

No abstract provided.


Perfecting Bitcoin, Kevin V. Tu Jan 2018

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 …


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 Jan 2018

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." …


German Conflict Rules And The Multinational Enterprise, Dagmar Coester-Waltjen Jan 2017

German Conflict Rules And The Multinational Enterprise, Dagmar Coester-Waltjen

Georgia Journal of International & Comparative Law

No abstract provided.


Act Of State Doctrine: Actions Of Intervenors Appointed By The Cuban Government And Statements Of Counsel Do Not Constitute Sufficient Acts Of State To Come Within The Doctrine (Alfred Dunhill Of London, Inc. V. Republic Of Cuba, S. Ct. 1976), John C. Stephens Nov 2016

Act Of State Doctrine: Actions Of Intervenors Appointed By The Cuban Government And Statements Of Counsel Do Not Constitute Sufficient Acts Of State To Come Within The Doctrine (Alfred Dunhill Of London, Inc. V. Republic Of Cuba, S. Ct. 1976), John C. Stephens

Georgia Journal of International & Comparative Law

No abstract provided.


Taxation – Selection Of Exchange Rate For Translation Purposes -- Where Multiple Exchange Rates Exist For A Foreign Currency And The Underlying Transaction Is Financial In Nature, The Proper Rate For Translation Components Of Taxable Income Is The "Free" Market Rate (Durovic V. Commissioner Of Internal Revenue, 7th Cir. 1976), Tim J. Floyd Nov 2016

Taxation – Selection Of Exchange Rate For Translation Purposes -- Where Multiple Exchange Rates Exist For A Foreign Currency And The Underlying Transaction Is Financial In Nature, The Proper Rate For Translation Components Of Taxable Income Is The "Free" Market Rate (Durovic V. Commissioner Of Internal Revenue, 7th Cir. 1976), Tim J. Floyd

Georgia Journal of International & Comparative Law

No abstract provided.


The Andean Foreign Investment Code: An Overview, Lloyd Pike Nov 2016

The Andean Foreign Investment Code: An Overview, Lloyd Pike

Georgia Journal of International & Comparative Law

No abstract provided.


The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow Nov 2016

The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow

Georgia Journal of International & Comparative Law

Antitrust issues have become one of the main concern of the world economy community and the United Nations. For many years, the United Nations Conference on Trade and Development has multiplied the meetings to discuss the relationship between transnational enterprises and international investment and has engaged in reflections on methods to avoid a decline in international investment. However, these meetings failed to resolve the fundamental issue of the impact of international antitrust principles on restrictive arrangements between a foreign parent corporation and its local subsidiary, particularly where that subsidiary is in a developing country. If applied, multinational enterprises would be …


Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell Oct 2016

Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell

Journal of Intellectual Property Law

No abstract provided.


Rules For Radicals: A Politics Of Patent Law, Kali N. Murray Sep 2016

Rules For Radicals: A Politics Of Patent Law, Kali N. Murray

Journal of Intellectual Property Law

No abstract provided.


Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler Mccormick Love Sep 2016

Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler Mccormick Love

Journal of Intellectual Property Law

No abstract provided.


Bad Medicine: Economic Disadvantage And Claim Limitation In An Ailing Patent Office, Elisabeth Marie Koehnemann Sep 2016

Bad Medicine: Economic Disadvantage And Claim Limitation In An Ailing Patent Office, Elisabeth Marie Koehnemann

Journal of Intellectual Property Law

No abstract provided.


You Can Stand Under My Umbrella: Weighing Trade Secret Protection Against The Need For Greater Transparency In Perfume And Fragranced Product Labeling, Delia Gervin Sep 2016

You Can Stand Under My Umbrella: Weighing Trade Secret Protection Against The Need For Greater Transparency In Perfume And Fragranced Product Labeling, Delia Gervin

Journal of Intellectual Property Law

No abstract provided.


State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett Sep 2016

State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett

Journal of Intellectual Property Law

No abstract provided.


Thin But Not Anorexic: Copyright Protection For Compilations And Other Fact Works, David E. Shipley Sep 2016

Thin But Not Anorexic: Copyright Protection For Compilations And Other Fact Works, David E. Shipley

Journal of Intellectual Property Law

Questions about the copyrightability of compilations and other low authorship fact works, and about the scope of protection, have continued to trouble courts long after the Supreme Court's landmark decision in Feist Publications, Inc. v. Rural Telephone Services Co. in 1991. Justice O'Connor's opinion, explaining why a standard white pages telephone directory did not meet the constitutional and statutory requirements for copyright protection, defined an original work of authorship as one that is independently created by its author and that evidences at least a minimal level of creativity. The latter requirement has been elusive, in part because Justice O'Connor defined …


The Convention On The Uniform Law Of International Bills Of Exchange And International Promissory Notes: A Comparison To The Uniform Commercial Code, Harold S. White Jul 2016

The Convention On The Uniform Law Of International Bills Of Exchange And International Promissory Notes: A Comparison To The Uniform Commercial Code, Harold S. White

Georgia Journal of International & Comparative Law

No abstract provided.


On The Continuing Misuse Of Event Studies: The Example Of Bessen And Meurer, Glynn S. Lunney Jr. Jun 2016

On The Continuing Misuse Of Event Studies: The Example Of Bessen And Meurer, Glynn S. Lunney Jr.

Journal of Intellectual Property Law

No abstract provided.


Plumb Lines Instead Of A Wrecking Ball: A Model For Recalibrating Patent Scope, F. Russell Denton Jun 2016

Plumb Lines Instead Of A Wrecking Ball: A Model For Recalibrating Patent Scope, F. Russell Denton

Journal of Intellectual Property Law

No abstract provided.


Strategies For Combating Patent Trolls, J. Jason Williams, Mark V. Campagna, Olivia E. Marbutt Jun 2016

Strategies For Combating Patent Trolls, J. Jason Williams, Mark V. Campagna, Olivia E. Marbutt

Journal of Intellectual Property Law

No abstract provided.


An Alternate Functionality Reality, Harold R. Weinberg Jun 2016

An Alternate Functionality Reality, Harold R. Weinberg

Journal of Intellectual Property Law

The Supreme Court last addressed trade dress law’s functionality doctrine in TrafFix Devices, Inc. v. Marketing Displays, Inc. decided in 2001. This article applies content analysis to data from post-TrafFix functionality cases to provide insights concerning the functionality doctrine. It emphasizes data from cases concerning motions for summary judgment and preliminary injunction. The analysis employs two conceptual constructs: a “useful/aesthetic continuum” and “mixed-character” design features. The article also considers data in light of a “two-bar mandate” and two principles: “useful-scarcity” and “aesthetic-abundance.” It concludes with observations concerning the post-TrafFix functionality doctrine and suggestions for improving its judicial …


Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon Jun 2016

Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon

Journal of Intellectual Property Law

No abstract provided.


Contracts - Jurisdiction - Absent A Strong Showing Of Unreasonableness Or Undue Influence, Parties’ Contractual Selection Of Forum In International Transactions Will Be Valid And Enforceable, Shelley Himel May 2016

Contracts - Jurisdiction - Absent A Strong Showing Of Unreasonableness Or Undue Influence, Parties’ Contractual Selection Of Forum In International Transactions Will Be Valid And Enforceable, Shelley Himel

Georgia Journal of International & Comparative Law

No abstract provided.


A Comparative Study Of Non-United States Responses To The Arab Boycott, Nancy Turck Feb 2016

A Comparative Study Of Non-United States Responses To The Arab Boycott, Nancy Turck

Georgia Journal of International & Comparative Law

No abstract provided.