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Articles 1 - 24 of 24

Full-Text Articles in Law

Legal Implications Of Direct Satellite Broadcasting – The U.N. Working Group, Nancy M. Lesko Dec 2016

Legal Implications Of Direct Satellite Broadcasting – The U.N. Working Group, Nancy M. Lesko

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.


Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo Nov 2016

Tthe Requirement Of Domestic Participation In New Mining Ventures In Zambia, Muna Ndulo

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 …


Peer-To-Peer And Substantial Noninfringing Use: Giving The Term "Substantial" Some Meaning, Richard M. Myrick Oct 2016

Peer-To-Peer And Substantial Noninfringing Use: Giving The Term "Substantial" Some Meaning, Richard M. Myrick

Journal of Intellectual Property Law

No abstract provided.


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.


The Infringement-Plus-Equity Model: A Better Way To Award Monetary Relief In Trademark Cases, David S. Almeling Sep 2016

The Infringement-Plus-Equity Model: A Better Way To Award Monetary Relief In Trademark Cases, David S. Almeling

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.


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.


Keeping It Physical: Convergence On A Physicality Requirement For Patentability Of Software-Related Inventions Under The European Patent Convention And United States Law, Kevin Afghani, Duke W. Yee Sep 2016

Keeping It Physical: Convergence On A Physicality Requirement For Patentability Of Software-Related Inventions Under The European Patent Convention And United States Law, Kevin Afghani, Duke W. Yee

Journal of Intellectual Property Law

No abstract provided.


Can China Protect The Olympics, Or Should The Olympics Be Protected From China?, Jennifer L. Donatuti Sep 2016

Can China Protect The Olympics, Or Should The Olympics Be Protected From China?, Jennifer L. Donatuti

Journal of Intellectual Property Law

No abstract provided.


What's The Deference?: Should Dickinson V. Zurko Apply In The Trademark Context?, Jonathan S. Digby Sep 2016

What's The Deference?: Should Dickinson V. Zurko Apply In The Trademark Context?, Jonathan S. Digby

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 …


Trade Secrets As Property: Theory And Consequences, Charles Tait Graves Sep 2016

Trade Secrets As Property: Theory And Consequences, Charles Tait Graves

Journal of Intellectual Property Law

No abstract provided.


Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler Sep 2016

Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler

Journal of Intellectual Property Law

No abstract provided.


Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts Sep 2016

Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts

Journal of Intellectual Property Law

No abstract provided.


"Hang 'Em High": Will The Recording Industry Association Of America's New Plan To Posse Up With Internet Service Providers In The Fight Against Online Music Piracy Finally Tame The Wild Internet?, John Eric Seay Sep 2016

"Hang 'Em High": Will The Recording Industry Association Of America's New Plan To Posse Up With Internet Service Providers In The Fight Against Online Music Piracy Finally Tame The Wild Internet?, John Eric Seay

Journal of Intellectual Property Law

No abstract provided.


The Thrill Of Victory, And The Agony Of The Tweet: Online Social Media, The Non-Copyrightability Of Events, And How To Avoid A Looming Crisis By Changing Norms, Jason Richard Sheppard Jun 2016

The Thrill Of Victory, And The Agony Of The Tweet: Online Social Media, The Non-Copyrightability Of Events, And How To Avoid A Looming Crisis By Changing Norms, Jason Richard Sheppard

Journal of Intellectual Property Law

No abstract provided.


Rights Of Publicity: A Practitioner's Enigma, Gil N. Peles Esq. Jun 2016

Rights Of Publicity: A Practitioner's Enigma, Gil N. Peles Esq.

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.


The Future Of Music: Reconfiguring Public Performance Rights, Gary Myers, George Howard Jun 2016

The Future Of Music: Reconfiguring Public Performance Rights, Gary Myers, George Howard

Journal of Intellectual Property Law

No abstract provided.


“Oversight Of The False Claims Act” Testimony By Professor Larry D. Thompson Before The U.S. House Of Representatives Judiciary Subcommittee On The Constitution And Civil Justice, Larry D. Thompson Apr 2016

“Oversight Of The False Claims Act” Testimony By Professor Larry D. Thompson Before The U.S. House Of Representatives Judiciary Subcommittee On The Constitution And Civil Justice, Larry D. Thompson

Presentations and Speeches

Sibley Professor in Corporate and Business Law Larry D. Thompson testifies in a U.S. House of Representatives Judiciary Subcommittee on the Constitution and Civil Justice hearing on “Oversight of the False Claims Act.” The purpose of the hearing was to examine the act’s success and seek ways “to prevent, detect and eliminate false claims costing taxpayer dollars, while ensuring fair and just results.”