Law Commons^™

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent current aspects of transnational law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped in topical categories, and references are given for further research:

Constitutionality of the Immigration Marriage Fraud Amendments Upheld over Challenge by Deportable Alien and United States Spouse

Anetekhai v. Immigration and Naturalization Service

876 F.2d 1218 (5th Cir. 1989)

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Standing Granted to Challenge Hostile Takeover between Foreign Firms under United States Antitrust and Securities Laws

Consolidated Gold Fields PLC v. Minorco, …

Intellectual Property Rights: The Issues In Gatt, David Hartridge, Arvind Subramanian

Vanderbilt Journal of Transnational Law

This Article examines the need for a multilateral framework to address the trade-related aspects of intellectual property rights (TRIPs). The authors trace the growing importance of TRIPs from its emergence at the Tokyo Round in 1978 to its present state as a major focus of multilateral negotiations at the Uruguay Round. A detailed discussion of existing GATT provisions and their relevance to intellectual property rights follows. The authors then describe the four major substantive issues related to TRIPs that are before the Negotiating Group: substantive standards of intellectual property protection; procedures for the enforcement of intellectual property protection; dispute settlement …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Agency for International Development's Adoption of Policy Placing Abortion-Related Restrictions on Grants to Nongovernmental Organizations Upheld DKT Memorial Fund Ltd. v. Agency for International Development 887 F.2d 275 (D.C. Cir.1989)

Federal Long-Arm Statute Authorizes Assertion of Personal Jurisdiction over Foreign Holder of United States Patent in Patent Ownership Suit National Patent Development Corporation v. T.J. Smith & Nephew Ltd. 877 F.2d 1003 (D.C. Cir.1989) (en banc)

Venue over Alien Defendants in Antitrust Suit Proper in any United States Federal District Court under Alien Venue AcT-Go-Video, Inc. v. Akai Electric Co., Ltd. 885 F.2d 1406(9th Cir. 1989)

INS Oral Notice to …

A Garland Of Reflections On Three International Copyright Topics, Peter Jaszi

Scholarly Articles in Law Reviews & Journals

The United States is a party to many copyright treaties, including a network of bilateral arrangements with other countries and one regional agreement. I will concentrate on the two major multilateral agreements to which the United States is a party, the Universal Copyright Convention ("UCC") and the Berne Convention for the Protection of Literary and Artistic Works ("Berne Convention").

The "Law Of Ideas" Reconsidered, Margreth Barrett

Faculty Scholarship

No abstract provided.

French Copyright Law: A Comparative Overview, Jane C. Ginsburg

Faculty Scholarship

French copyright law has attracted considerable recent attention in the United States. Debate over the nature and scope of legislation permitting U.S. entry into the Berne Union for the Protection of Literary and Artistic Works spurred some of this interest: because France was a founding member of that Union, some participants in the Berne adherence process perceived "Berne level" copyright protection to be synonymous with "French" copyright protection. As Congress continues to consider modifications to the U.S. copyright law, particularly in the area of moral rights, France again supplies a leading example. And the on-going litigation in France concerning the …

Fundamentals Of International Copyright: The Impact Of Berne The Framework Of International Copyright, Lionel S. Sobel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Conflict Between Fair Use And The Lanham Act On The Second Circuit, Elana C. Jacobson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Whose Voice Is It Anyway? Midler V. Ford Motor Co., Elaine Windholz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Copyright Doctrine Of 'Works Made For Hire', I. Trotter Hardy

Faculty Publications

No abstract provided.

Protecting The Look And Feel Of Computer Programs, Jeffrey Weitzman

Cardozo Law Review

No abstract provided.

Distilling The Witches' Brew Of Fair Use In Copyright Law, Jay Dratler Jr.

University of Miami Law Review

No abstract provided.

Umc Electronics V. United States: Should Reduction To Practice Be A Requirement Of The On Sale Bar?, Michael R. Schacht

Seattle University Law Review

This Note asserts that the UMC Electronics v. United States court's "all circumstances" test cannot be consistently applied and does not satisfy the policies underlying the bar. Therefore, a test is proposed that distinguishes between an offer to sell an invention and the actual sale of an invention. In developing the test, this Note will first explain the policies that underly the on sale bar and review the past application of the bar. Second, the UMC case will be examined and its facts and holding explained. Third, the panel majority's conclusion that a reduction to practice has not been, and …

A Review Of The Intellectual Property Laws In Taiwan: Proposals To Curb Piracy And Counterfeiting In A Developing Country, Paul C.B. Liu

BYU Law Review

No abstract provided.

Three Strikes And They're Out At The Old Ball Game: Preemption Of Performers' Rights Of Publicity Under The Copyright Act Of 1976, David E. Shipley

Scholarly Works

Presently, broadcasters and cable television companies deal directly with the two baseball leagues and the individual clubs, which in turn purport to sell all of the rights regarding the televising of the games. The players wanted to be a part of those contracts to get a bigger share of the television revenues. In the Baltimore Orioles case both sides sought a judicial resolution of their rights in the telecasts. The baseball players' demand was based on their rights of publicity in their performances. This common law right allegedly precluded the clubs and the leagues from contracting with the broadcasters for …

Toward A Modified Fair Use Defense In Right Of Publicity Cases, Randall T.E. Coyne

William & Mary Law Review

No abstract provided.

Copyright Law's Concept Of Employment -- What Congress Really Intended, I. Trotter Hardy

Faculty Publications

No abstract provided.

Vi. Copyright, Patent & Trademark Law

Washington and Lee Law Review

No abstract provided.

The Insignificance Of Macroeconomics In Patent Antitrust Law: A Comment On Millstein, Richard A. Posner

Cardozo Law Review

No abstract provided.

Complex Tradeoffs In Patent Antitrust Law: A Comment On Millstein, F. M. Scherer

Cardozo Law Review

No abstract provided.

A Thousand Clones: The Scope Of Copyright Protection In The "Look And Feel" Of Computer Programs—Digital Communications Associates, Inc. V. Softklone Distributing Corp., 659 F. Supp. 449 (N.D. Ga. 1987), Alan S. Middleton

Washington Law Review

In Digital Communications Associates, Inc. v. Softklone Distributing Corp., the United States District Court for the Northern District of Georgia rejected "standardization" as a reason to deny copyright protection to user interface design. The court also rejected the proposition, advanced six months earlier in Broderbund Software, Inc. v. Unison World, Inc., that copyright protection of the underlying computer program extends to the screen displays generated by that program. Once it found the screen displays to be separately copyrightable, the Softklone court evaluated each feature of the display individually, and extended copyright protection to some elements of the user …

A Thousand Clones: The Scope Of Copyright Protection In The "Look And Feel" Of Computer Programs—Digital Communications Associates, Inc. V. Softklone Distributing Corp., 659 F. Supp. 449 (N.D. Ga. 1987), Alan S. Middleton

Washington Law Review

In Digital Communications Associates, Inc. v. Softklone Distributing Corp., the United States District Court for the Northern District of Georgia rejected "standardization" as a reason to deny copyright protection to user interface design. The court also rejected the proposition, advanced six months earlier in Broderbund Software, Inc. v. Unison World, Inc., that copyright protection of the underlying computer program extends to the screen displays generated by that program. Once it found the screen displays to be separately copyrightable, the Softklone court evaluated each feature of the display individually, and extended copyright protection to some elements of the user interface. Although …

The New Taiwan Copyright Law: Does It Spell Doom For Counterfeiters?, 8 Computer L.J. 171 (1988), W. Scott Lawler

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Copyright, Patent, And Trade Secret Protection For Computer Software In Western Europe, 8 Computer L.J. 327 (1988), John P. Sumner, Dianne Plunkett

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The New World Of Patents Created By The Court Of Appeals For The Federal Circuit, Martin J. Adelman

Law Faculty Research Publications

No abstract provided.

Attention K Mart Shoppers: In K Mart Corp. V. Cartier, Inc. The Supreme Court Granted District Courts Jurisdiction In Gray Market Disputes, Thomas H. Wolfe

UC Law SF Communications and Entertainment Journal

Overshadowed by the more controversial substantive questions raised by the gray market problem has been the issue of jurisdiction over gray market cases. In K Mart Corp. v. Cartier, Inc, the U.S. Supreme Court decided that the federal district courts, and not the Court of International Trade, have jurisdiction over gray market cases. The Court held that the statute controlling gray market importation cannot be considered an embargo, as that word was intended to be used by Congress. The author argues that the Supreme Court misinterpreted Congress' intent when Congress granted the Court of International Trade jurisdiction over cases involving …

Cable Franchising And The First Amendment: Preferred Problems, Undesirable Solutions, Daniel L. Brenner

UC Law SF Communications and Entertainment Journal

The right to construct a cable system has usually been granted to a sole franchisee based on competitive bidding. A series of lawsuits in the 1980's has argued that exclusive grants violate the first amendment rights of excluded, would-be operators. This Article examines the issue as framed by the U.S. Supreme Court's decision in City qf Los Angeles v. Preferred Communications, Inc., concluding that its instruction for a factual examination of a city's justification for exclusive licensing will be mostly unproductive. It concludes that exclusive franchising provided for by Congress in the 1984 Cable Act does not generally violate the …

The Supreme Court's Decision In Hustler Magazine V. Falwell: The Demise Of Intentional Infliction Of Emotional Distress For Public Figures, Hollie Their

UC Law SF Communications and Entertainment Journal

The author analyzes both the Fourth Circuit and the U.S. Supreme Court decisions in Hustler Magazine v. Falwell. After comparing and contrasting both decisions, the author concludes that the courts should apply the actual malice standard to claims of intentional infliction of emotional distress when a public figure brings an independent cause of action.

Alternatives To The Fairness Doctrine: Structural Limits Should Replace Content Controls, Christopher A. Hilen

UC Law SF Communications and Entertainment Journal

The abolition of the Fairness Doctrine by the Federal Communications Commission provides an opportunity to reexamine the way in which broadcasters are encouraged to offer programming on controversial issues of public importance. The author outlines alternatives to the Fairness Doctrine and subjects each to a Fair Treatment Test, which requires that the alternative 1) guarantee that the public will receive programming on controversials of importance to it, and 2) provide full first amendment rights to broadcasters. The author concludes that a structural approach to broadcast regulation, under which stricter crossownership limits than presently exist are imposed on broadcasters, offers the …

Compulsory Patent Licensing In The United States: An Idea Whose Time Has Come, Cole M. Fauver

Northwestern Journal of International Law & Business

This Comment will consider several of the more common grounds justifying compulsory licenses, particularly as they affect international transactions. After analyzing the dynamic between each theory's practical economic effect and general economic philosophy, the Comment will then question whether the current United States policy against general compulsory licenses remains viable in today's economic markets.