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Articles 1 - 30 of 170
Full-Text Articles in Commercial Law
Using The Inform Consumers Act To Combat China’S Online Counterfeiters, Daniel C.K. Chow
Using The Inform Consumers Act To Combat China’S Online Counterfeiters, Daniel C.K. Chow
Journal of Intellectual Property Law
Everyday millions of counterfeit goods are shipped from suppliers on Alibaba’s website based in China to retailers on Amazon, Walmart, and other e-commerce platforms and sold to U.S. consumers. The significance of this massive pipeline seems to have eluded brand owners and U.S. government authorities. Most brand owners have concentrated their efforts on suppressing counterfeits on U.S. e-commerce markets after the counterfeits have already appeared on their sites. These efforts have proven to be ineffective as once millions of counterfeits are commingled with genuine products on the internet their suppression becomes an impossible task. The key to successful interdiction of …
Whither Leviathan? The Seepage Of Constitutional Law Into Public-Private Arbitration In The United States, Peter B. Rutledge
Whither Leviathan? The Seepage Of Constitutional Law Into Public-Private Arbitration In The United States, Peter B. Rutledge
Scholarly Works
The chapter analyses how constitutional law influences private-public arbitration in the United States. Its central thesis is that constitutional law exerts a powerful indirect influence on arbitration law. While the US Constitution does not directly regulate arbitration, its underlying norms—such as separation of powers, federalism, and individual rights—impact arbitration law indirectly. The chapter explores the ways in which these constitutional principles influence public-private arbitration through statutory interpretation, treaty design, and private protocols reflecting constitutional norms. This pattern of influence manifests itself in public arbitration (i.e. arbitration involving states or state-owned entities) just as it does in private arbitration. Highlighting how …
Values-Ambiguous Clinics, Willow Tracy
Values-Ambiguous Clinics, Willow Tracy
Scholarly Works
As law school clinical programs have grown in recent decades, many of the newer offerings focus on business law, entrepreneurship, intellectualproperty, and technology. It is commonly presumed that social justice values, such as the amelioration ofpoverty or theprotection offundamental rights, are notfoundational goals of these non-traditional clinics. This Article calls these clinics "values-ambiguous" to highlight the frequent uncertainty and skepticism about their relationship to traditional clinical social justice values. Importantly, "values-ambiguous"does not describe a quality of the clinic itself it describes a quality ofperception of the clinic. In other words, "values-ambiguous clinics" are clinics that are typically not perceived as …
Corporate Personhood, Corporate Rights, And The Contingency Of Corporate Law, Christopher Bruner
Corporate Personhood, Corporate Rights, And The Contingency Of Corporate Law, Christopher Bruner
Scholarly Works
Corporate personhood and corporate rights are co-constitutive in nature, meaning that they are mutually constructed – there is no singular, one-way causal path between a conception of corporate personhood and a conception of corporate rights. Consequently, modes of reasoning that purport to deduce the substance and extent of corporate rights from the mere fact of corporate personhood are logically circular. Although the relationship between corporate personhood and corporate rights is real and significant, this relationship cannot, in and of itself, comprehensively specify the content of corporate rights; their substance can only be specified by reference to external normative criteria. The …
Choice-Of-Law Agreements In International Contracts, Gary Born, Cem Kalelioglu
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
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.
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
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
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
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 …
Law And The Blockchain, Usha Rodrigues
Law And The Blockchain, Usha Rodrigues
Scholarly Works
All contracts are necessarily incomplete. The inefficiencies of bargaining over every contingency, coupled with humans’ innate bounded rationality, mean that contracts cannot anticipate and address every potential eventuality. One role of law is to fill gaps in incomplete contracts with default rules. The blockchain is a distributed ledger that allows the cryptographic recording of transactions and permits “smart” contracts that self-execute automatically if their conditions are met. Because humans code the contracts of the blockchain, gaps in these contracts will arise. Yet in the world of “smart contracting” on the blockchain, there is no place for the law to step …
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 …
Diamonds Aren't Always A Consumer's Best Friend: Considering The Need For Regulation In The Diamond Grading Industry, Hannah Ponders Feist
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.
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 …
German Conflict Rules And The Multinational Enterprise, Dagmar Coester-Waltjen
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
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
Georgia Journal of International & Comparative Law
No abstract provided.
The Andean Foreign Investment Code: An Overview, Lloyd Pike
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
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
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
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
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
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
Journal of Intellectual Property Law
No abstract provided.
State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett
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
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
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.
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
Plumb Lines Instead Of A Wrecking Ball: A Model For Recalibrating Patent Scope, F. Russell Denton
Journal of Intellectual Property Law
No abstract provided.