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Full-Text Articles in Commercial Law

Litigating Consumer Protection Acts In The Hamp Context, Amanda Martin Jan 2015

Litigating Consumer Protection Acts In The Hamp Context, Amanda Martin

Seattle University Law Review

The foreclosure crisis has lingered despite the improving economy. To alleviate this crisis, the U.S. government implemented the Home Affordable Mortgage Program (HAMP), a Treasury-sponsored initiative that aims to prevent foreclosure by encouraging mortgage loan servicers to modify the mortgages of qualified homeowners. The Treasury Department has extended HAMP multiple times—from its original ending date in 2013 to its present ending date in 2016. While HAMP has indeed helped homeowners avoid foreclosure, the program has spawned an array of litigation as servicer misconduct runs rampant. As the Ninth Circuit recently noted, “the [HAMP] program seems to have created more litigation …


Copyright, Consumerism, And The Cloud: Proposing Standards-Essential Technology To Support First Sale In Digital Copyright, Marco Puccia Jan 2015

Copyright, Consumerism, And The Cloud: Proposing Standards-Essential Technology To Support First Sale In Digital Copyright, Marco Puccia

Seattle University Law Review

America’s entertainment industry, and the creative talent that drives it, is a national treasure. Equally valuable, however, is America’s drive and commitment toward technological innovation. These two sectors have been in tension since at least 1908, when the U.S. Supreme Court was asked to determine whether the makers of piano rolls for automatically playing pianos had to pay royalties to the composers. Since that time, the entertainment industry has continued to use copyright law to resist advances in technological innovation that it views as a threat to its existing business models. This Note seeks to provide the necessary context and …


Challenges To The Credibility Of The Investor-State Arbitration System, Michael Nolan Jan 2015

Challenges To The Credibility Of The Investor-State Arbitration System, Michael Nolan

American University Business Law Review

No abstract provided.


The Future Of International Arbitration In Central And Eastern Europe, Wojciech Sadowski Jan 2015

The Future Of International Arbitration In Central And Eastern Europe, Wojciech Sadowski

American University Business Law Review

No abstract provided.


Reservations And The Cisg: The Borderland Of Uniform International Sales Law And Treaty Law After Thirty-Five Years, Ulrich G. Schroeter Jan 2015

Reservations And The Cisg: The Borderland Of Uniform International Sales Law And Treaty Law After Thirty-Five Years, Ulrich G. Schroeter

Brooklyn Journal of International Law

No abstract provided.


The Problem With Frand: How The Licensing Commitments Of Standard-Setting Organizations Result In The Misvaluing Of Patents, David Arsego Jan 2015

The Problem With Frand: How The Licensing Commitments Of Standard-Setting Organizations Result In The Misvaluing Of Patents, David Arsego

Brooklyn Journal of International Law

Standard-setting organizations (SSOs) are bodies that oversee the development of technical standards. Technical standards are common technological designs that are used across a variety of platforms, for instance LTE, which is utilized throughout the mobile phone industry. Members of SSOs contribute different pieces of technology to an ultimate design, and if a patent covers the technology, it is called a standard-essential patent (SEP). SSOs require their members to license these patents to each other on fair, reasonable, and nondiscriminatory (FRAND) terms. This Note analyzes the FRAND requirement and the different ways that courts and private parties interpret it. The ambiguity …


Omnibus Trade And Competitiveness Act Of 1988: Putting The Brakes On Foreign Investment, Christopher J. Foreman Dec 2014

Omnibus Trade And Competitiveness Act Of 1988: Putting The Brakes On Foreign Investment, Christopher J. Foreman

Georgia Journal of International & Comparative Law

No abstract provided.


Commercial Letters Of Confirmation In International Trade: Austrian, French, German And Swiss Law And Uniform Law Under The 1980 Sales Convention, Michael Esser Dec 2014

Commercial Letters Of Confirmation In International Trade: Austrian, French, German And Swiss Law And Uniform Law Under The 1980 Sales Convention, Michael Esser

Georgia Journal of International & Comparative Law

No abstract provided.


British And European Community Regulation Of The British Beer Market: Tapping Into The Tied-House System (Cheers!), David A. Everreste Dec 2014

British And European Community Regulation Of The British Beer Market: Tapping Into The Tied-House System (Cheers!), David A. Everreste

Georgia Journal of International & Comparative Law

No abstract provided.


The Growth Triangle Of Singapore, Malaysia And Indonesia, Terence P. Stewart, Margaret L.H. Png Oct 2014

The Growth Triangle Of Singapore, Malaysia And Indonesia, Terence P. Stewart, Margaret L.H. Png

Georgia Journal of International & Comparative Law

No abstract provided.


Enforcement Of Arbitration Agreements: The Severability Doctrine In The International Arena - Republic Of Nicaragua V. Standard Fruit Co., 927 F.2d 469 (9th Cir. 1991)., Jennifer Bagwell Oct 2014

Enforcement Of Arbitration Agreements: The Severability Doctrine In The International Arena - Republic Of Nicaragua V. Standard Fruit Co., 927 F.2d 469 (9th Cir. 1991)., Jennifer Bagwell

Georgia Journal of International & Comparative Law

No abstract provided.


The Legal Framework For Private Sector Development In A Transitional Economy: The Case Of Poland, Cheryl W. Gray, Rebecca J. Hanson, Michael A. Heller, Peter G. Ianachkov, Daniel T. Ostas Oct 2014

The Legal Framework For Private Sector Development In A Transitional Economy: The Case Of Poland, Cheryl W. Gray, Rebecca J. Hanson, Michael A. Heller, Peter G. Ianachkov, Daniel T. Ostas

Georgia Journal of International & Comparative Law

No abstract provided.


Finding An Appropriate Global Legal Paradigm For The Internet: United States And International Responses, Benjamin A. Perlman Oct 2014

Finding An Appropriate Global Legal Paradigm For The Internet: United States And International Responses, Benjamin A. Perlman

Georgia Journal of International & Comparative Law

No abstract provided.


Uniform Interpretation Of The 1980 Uniform Sales Law, Franco Ferrari Oct 2014

Uniform Interpretation Of The 1980 Uniform Sales Law, Franco Ferrari

Georgia Journal of International & Comparative Law

No abstract provided.


Transforming China's Traditional Banking Systems Under The New National Banking Laws, Andrew X. Qian Oct 2014

Transforming China's Traditional Banking Systems Under The New National Banking Laws, Andrew X. Qian

Georgia Journal of International & Comparative Law

No abstract provided.


Trouble Abroad: Microsoft's Antitrust Problems Under The Law Of The European Union, Justin O'Dell Oct 2014

Trouble Abroad: Microsoft's Antitrust Problems Under The Law Of The European Union, Justin O'Dell

Georgia Journal of International & Comparative Law

No abstract provided.


Commercial Law Reform Issues In The Reconstruction Of Iraq, Theodore W. Kassinger, Dylan J. Williams Oct 2014

Commercial Law Reform Issues In The Reconstruction Of Iraq, Theodore W. Kassinger, Dylan J. Williams

Georgia Journal of International & Comparative Law

No abstract provided.


For Sale--One Level 5 Barbarian For 94,800 Won: The International Effects Of Virtual Property And The Legality Of Its Ownership, Alisa B. Steinberg Oct 2014

For Sale--One Level 5 Barbarian For 94,800 Won: The International Effects Of Virtual Property And The Legality Of Its Ownership, Alisa B. Steinberg

Georgia Journal of International & Comparative Law

No abstract provided.


The Art Market Down Under: A Case Study Of Australian Aboriginal Art Market Regulation And U.S. Art Market Implications, Daniel Day Oct 2014

The Art Market Down Under: A Case Study Of Australian Aboriginal Art Market Regulation And U.S. Art Market Implications, Daniel Day

Cardozo Journal of International and Comparative Law

The note examines the contrasting regulatory landscapes of the U.S. and Australian art markets, highlighting how excessive regulation can inadvertently harm market value and artist livelihoods. It argues that while the U.S. art market operates with minimal federal oversight, Australia’s heavily regulated indigenous art market has suffered unintended consequences, such as weakened sales and increased market supply. The analysis serves as a cautionary tale for the U.S. as it considers stronger regulation of its own art market.


Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans Sep 2014

Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans

Georgia Journal of International & Comparative Law

No abstract provided.


Reconstructing Iraq: An Analysis Of, And Proposed Solutions To, The Financing Challenges Facing Iraqi Small And Mid-Sized Businesses, Timothy B. Mills Sep 2014

Reconstructing Iraq: An Analysis Of, And Proposed Solutions To, The Financing Challenges Facing Iraqi Small And Mid-Sized Businesses, Timothy B. Mills

Georgia Journal of International & Comparative Law

No abstract provided.


The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague?, Daniel H. Joyner Sep 2014

The Enhanced Proliferation Control Initiative: National Security Necessity Or Unconstitutionally Vague?, Daniel H. Joyner

Georgia Journal of International & Comparative Law

No abstract provided.


Applying The Third Un Convention On The Law Of The Sea To Living Marine Resources: Comparing The Approaches Of The United States And South Africa To Highly Migratory Species Management, Erica Wright Sep 2014

Applying The Third Un Convention On The Law Of The Sea To Living Marine Resources: Comparing The Approaches Of The United States And South Africa To Highly Migratory Species Management, Erica Wright

Georgia Journal of International & Comparative Law

No abstract provided.


A Comparative Study Of Monitoring Of Management In German And U.S. Corporations After Sarbanes-Oxley: Where Are The German Enrons, Worldcoms, And Tycos?, Florian Stamm Sep 2014

A Comparative Study Of Monitoring Of Management In German And U.S. Corporations After Sarbanes-Oxley: Where Are The German Enrons, Worldcoms, And Tycos?, Florian Stamm

Georgia Journal of International & Comparative Law

No abstract provided.


The Privatization Challenge In Guyana, Elizabeth A. Reid Sep 2014

The Privatization Challenge In Guyana, Elizabeth A. Reid

Georgia Journal of International & Comparative Law

No abstract provided.


Lord Of The Reels: Can Georgia Learn From Canada's Success To Rescue Its Film Industry?, Woodrow W. Ware Iii Sep 2014

Lord Of The Reels: Can Georgia Learn From Canada's Success To Rescue Its Film Industry?, Woodrow W. Ware Iii

Georgia Journal of International & Comparative Law

No abstract provided.


Get The Lead Out: A New Approach For Regulating The U.S. Toy Market In A Globalized World, Gabriel Allen Sep 2014

Get The Lead Out: A New Approach For Regulating The U.S. Toy Market In A Globalized World, Gabriel Allen

Georgia Journal of International & Comparative Law

No abstract provided.


Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, T. Rick Irvin, Peter A. Appel, Julie M. Mcentire, J. Chris Rabon Sep 2014

Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, T. Rick Irvin, Peter A. Appel, Julie M. Mcentire, J. Chris Rabon

Georgia Journal of International & Comparative Law

No abstract provided.


Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn Sep 2014

Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn

Georgia Journal of International & Comparative Law

No abstract provided.


The European Union, State-Sponsored Gambling, And Private Gambling Services: Time For Harmonization?, Matthew W. Mauldin Sep 2014

The European Union, State-Sponsored Gambling, And Private Gambling Services: Time For Harmonization?, Matthew W. Mauldin

Georgia Journal of International & Comparative Law

No abstract provided.