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Articles 31 - 60 of 120
Full-Text Articles in International Trade Law
Bear Stearns And Lehman Brothers: “Too Big To Fail’S” Impact, 3 J. Marshall Global Mkt. L.J. 49 (2014), Natalie Warrington
Bear Stearns And Lehman Brothers: “Too Big To Fail’S” Impact, 3 J. Marshall Global Mkt. L.J. 49 (2014), Natalie Warrington
John Marshall Global Markets Law Journal
The 2008 financial crisis led to controversial government bailouts of institutions that were deemed “too big to fail” (TBTF). Critics propose that systemic risk and TBTF were the main causes of the financial collapse of Bear Stearns and Lehman Brothers—two of the institutions that were at the center of the bailout controversy. These bailouts have been criticized as creating moral hazard which, for financial institutions, means that decision makers, counterparties, creditors, and shareholders will take fewer precautions and take on more risk since the government will bail them out. However, whether various market participants in fact take fewer precautions and …
Emerging Growth Companies Under The Jobs Act: An Analysis Of The “Ipo On-Ramp”, 3 J. Marshall Global Mkt. L.J. 63 (2014), Kiersten Zaza
Emerging Growth Companies Under The Jobs Act: An Analysis Of The “Ipo On-Ramp”, 3 J. Marshall Global Mkt. L.J. 63 (2014), Kiersten Zaza
John Marshall Global Markets Law Journal
Since 2008, the United States has been faced with a “jobless recovery” which can be attributed in part to a decline in new business creation. To study the link between small companies’ access to markets and creation of jobs, the IPO Task Force was created. The IPO Task Force conducted research and set forth various findings regarding the correlation between emerging growth companies and job creation. The IPO Task Force also attributed a decline in IPO activity to the complex regulatory environment. Accepting these findings, and in response, the JOBS Act passed with surprisingly high bipartisan support. The JOBS Act …
The D.C. Circuit Court’S Opinion In Hunter V. Ferc: A Panacea For Resolving A Jurisdictional Dispute Or Mere Panache?, 2 J. Marshall Global Mkt. L.J. 69 (2013), Matthew Kluchenek, Regina Speed-Bost, Laura Chipkin, Rachel Remke
The D.C. Circuit Court’S Opinion In Hunter V. Ferc: A Panacea For Resolving A Jurisdictional Dispute Or Mere Panache?, 2 J. Marshall Global Mkt. L.J. 69 (2013), Matthew Kluchenek, Regina Speed-Bost, Laura Chipkin, Rachel Remke
John Marshall Global Markets Law Journal
The Commodity Futures Trading Commission (“CFTC”) and the Federal Energy Regulatory Commission (“FERC”) were in a jurisdictional tug-of-war until March 2013, when the D.C. Circuit Court of Appeals issued a much anticipated decision in Hunter v. FERC. This Article discusses the Hunter case, which offered some clarity as to the jurisdictional boundaries of the CFTC and FERC with regard to certain types of futures contracts. Historically, the CFTC has been authorized by the Commodity Exchange Act (“CEA”) to prevent and regulate fraud and manipulation in the futures market. On the other hand, FERC is an independent agency charged with the …
Transatlantic Mutual Recognition In The Field Of Global Financial Regulation, 2 J. Marshall Global Mkt. L.J. 43 (2013), Nico Klein
John Marshall Global Markets Law Journal
International cooperation and coordination among countries is a highly sought after goal for many. In that regard, in order to achieve international cooperation and coordination, this Article focuses on the concept of mutual recognition and the key areas of global financial regulatory reform to which the concept could be applied. The benefits of mutual recognition are increased market liberalization, facilitation of private cross-border movement, and increased regulatory standards. To discuss the concept of mutual recognition, this Article examines the European Union/European Economic Area approach provided by the Markets in Financial Instruments Directive (“MiFID”). This Article reviews the EU’s idea of …
Abandoning Foreign Depositors In A Bank Failure? The Efta Court Judgment In Efta Surveillance Authority V. Iceland, 2 J. Marshall Global Mkt. L.J. 1 (2013), Valia Babis
John Marshall Global Markets Law Journal
Deposit insurance is a key issue in bank regulation. A mismatch exists, especially in the European Economic Area, between the freedom of banks to operate across borders and the fact that deposit insurance operates on a national basis. EFTA Surveillance Authority v. Iceland examines the protection of overseas depositors in the event of a cross-border bank failure. In EFTA Surveillance Authority, the court examined a state’s responsibility to ensure compensation to depositors and possible discrimination against foreign depositors. This Article reviews the paradoxical holding by the court in light of the facts and circumstances of the case. Further, the Article …
The Future Of The Commodity Futures Market: How Customer Segregated Accounts Can Be Better Protected From Insolvent Futures Commission Merchants, 2 J. Marshall Global Mkt. L.J. 13 (2013), Zachary Brumfield
John Marshall Global Markets Law Journal
Two of the largest futures commission merchants (“FMCs”)—MF Global and Peregrine Financial Group—filed for bankruptcy in 2011 and 2012, respectively. The bankruptcies of two of the largest players in the futures commodity market shook up the industry. Many customers became weary and distrustful of FCMs. This Article proposes solutions in order to boost customer confidence in the futures market without deterring the largest futures traders. Further, this Article discusses the pitfalls of the current regulatory model with respect to customer segregated funds and the necessary changes to the current regime by the CFTC and other self-regulatory organizations. After the MF …
Comparing Apples And Oranges In Trademark Law: Challenging International And Constitutional Validity Of Plain Packaging Of Tobacco Products, 13 J. Marshall Rev. Intell. Prop. L. 130 (2013), Sarah A. Hinchliffe
Comparing Apples And Oranges In Trademark Law: Challenging International And Constitutional Validity Of Plain Packaging Of Tobacco Products, 13 J. Marshall Rev. Intell. Prop. L. 130 (2013), Sarah A. Hinchliffe
UIC Review of Intellectual Property Law
Plain packaging, a new tobacco control tool being considered by a growing number of countries, mandates the removal of all attractive and promotional aspects of tobacco product packages. As a result of plain packaging, the only authorized feature remaining on a tobacco package is the brand name, displayed in a standardized font, size, color, and location on the package. At issue is the meaning of “use” of trademarks on plain packaging, and whether plain packaging amounts to the creation of an invalid encumbrance. The tobacco industry and other regulated sectors (including wine, fast-food, and pharmaceuticals) also believe that plain packaging …
A Reflection On Financial Markets, 1 J. Marshall Global Mkt. L.J. 1 (2012), Leo Melamed
A Reflection On Financial Markets, 1 J. Marshall Global Mkt. L.J. 1 (2012), Leo Melamed
John Marshall Global Markets Law Journal
In 1972 the International Monetary Market (the “IMM”) was launched in order to provide the financial world the same ability as the agriculture industry to manage risk. At the time, no one knew if the IMM would succeed, have any merit, or be accepted by other members of the financial world. The IMM’s commencement was before the age of technology—before the onset of computers. Once computers existed, financial engineers had the ability to electronically allocate risk and the world began to acclimate to the idea of computer-generated financial derivatives. This Article stresses that full disclosure and transparency is dire in …
Product Innovation, Clearing, And Competition Among U.S. Derivatives Exchanges, 1 J. Marshall Global Mkt. L.J. 3 (2012), Michael Gorham
Product Innovation, Clearing, And Competition Among U.S. Derivatives Exchanges, 1 J. Marshall Global Mkt. L.J. 3 (2012), Michael Gorham
John Marshall Global Markets Law Journal
Futures traders are attracted to market liquidity—the ability to buy and sell without the transaction having a large impact on market price. Market liquidity is associated with a large number of buyers and sellers and high average daily volumes of trading. This Article discusses the reluctance of futures traders to switch to a new exchange which does not have as much liquidity as an older, established exchange and the difficulty that these new exchanges face in acquiring even a marginal portion of the market share. These difficulties arise because these exchanges choose to use a clearing house that they own …
The Matryoshka Doll Principle: Transparent Governance Obligations Of Finra Remain Safely Nested Within The Layers Of Existing Securities Regulation, 1 J. Marshall Global Mkt. L.J. 13 (2012), Brittany Mcintosh
John Marshall Global Markets Law Journal
This Article compares the U.S. Supreme Court’s holding in Free Enterprise Fund v. PCAOB to the factors used in Lebron v. National Railroad Passenger Corp. when determining whether a corporation is part of the government (and consequently subject to government control and the President’s removal powers). In Free Enterprise, the U.S. Supreme Court considered factors to determine whether or not an agency is a self-regulatory organization (an independent third party agency that is not subject to government control). Under the Free Enterprise test, the Court held that PCAOB was not an SRO (unlike the Financial Industry Regulatory Authority, Inc.) because …
Maybe There Is More Than One Reason They Call It A Derivative Lawsuit – The Implicit Corporate Duty To Hedge, 1 J. Marshall Global Mkt. L.J. 29 (2012), Joseph Michael Reyes
Maybe There Is More Than One Reason They Call It A Derivative Lawsuit – The Implicit Corporate Duty To Hedge, 1 J. Marshall Global Mkt. L.J. 29 (2012), Joseph Michael Reyes
John Marshall Global Markets Law Journal
Derivatives became the primary scapegoat after the financial markets crashed in 2008 and many large investment banks collapsed in the aftermath. Derivatives were thought to be far too risky and not transparent, even though derivatives were originally contrived in order to mitigate risk. Contrary to popular opinion, if used properly, derivatives are very effective in the mitigation of price changes, currency exchange, and interest rate risk. Moreover, the current regulatory landscape encourages the use of derivatives to hedge risk. The current financial environment encompasses the widespread use and acceptance of products that allow hedging to be a common trade practice. …
Dodd-Frank Whistleblower Program: Whistleblower Prevention Strategies, Criticisms, And Future Implications, 1 J. Marshall Global Mkt. L.J. 59 (2012), Florence Shu-Acquaye
Dodd-Frank Whistleblower Program: Whistleblower Prevention Strategies, Criticisms, And Future Implications, 1 J. Marshall Global Mkt. L.J. 59 (2012), Florence Shu-Acquaye
John Marshall Global Markets Law Journal
Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act authorized the SEC to create a committee that would be responsible for promulgating and enforcing rules to reward whistleblowers. Such rewards are to be paid from the Investor Protection Fund, which is embodied in SEC Rule 21F. The whistleblower provision is meant to promote corporate whistleblowing by incentivizing the prevention of financial abuse. Critics contend, however, that the whistleblower program fails to encourage corporations to strengthen internal compliance programs; instead, corporations will put more effort into whistleblower prevention strategies in order to prevent SEC enforcement actions. SEC Rule …
Converging Trends In Investment Treaty Practice, 38 N.C. J. Int’L & Com. Reg. 151 (2012), Karen H. Cross
Converging Trends In Investment Treaty Practice, 38 N.C. J. Int’L & Com. Reg. 151 (2012), Karen H. Cross
UIC Law Open Access Faculty Scholarship
No abstract provided.
Extraterritorial Protection Of Trade Secret Rights In China: Do Section 337 Actions At The Itc Really Prevent Trade Secret Theft Abroad?, 11 J. Marshall Rev. Intell. Prop. L. 523 (2012), Steven E. Feldman, Sherry L. Rollo
Extraterritorial Protection Of Trade Secret Rights In China: Do Section 337 Actions At The Itc Really Prevent Trade Secret Theft Abroad?, 11 J. Marshall Rev. Intell. Prop. L. 523 (2012), Steven E. Feldman, Sherry L. Rollo
UIC Review of Intellectual Property Law
With an ever increasing number of United States ("U.S.") companies conducting business abroad or conducting business with foreign entities there is more need than ever for the U.S. companies to consider how they can protect their intellectual property assets. The Federal Circuit‘s recent TianRui Grp.Co. v. Int’l Trade Comm’n and Amsted Indus. decision highlights the potential of section 337 of the U.S. Patent Act as a tool to prevent the exploitation of misappropriated trade secrets embodied in products that are imported into the United States. This article explores the potential impact of the TianRui decision on business practices abroad, particularly …
International Arbitration Of Patent Disputes, 10 J. Marshall Rev. Intell. Prop. L. 384 (2011), Wei-Hua Wu
International Arbitration Of Patent Disputes, 10 J. Marshall Rev. Intell. Prop. L. 384 (2011), Wei-Hua Wu
UIC Review of Intellectual Property Law
This paper discusses the concept of using international arbitration as a method of resolving patent disputes. First, this paper examines the arbitrability of patent validity disputes from a public policy viewpoint. The question is whether, or to what extent, the subject matter of patent validity disputes may be settled by international commercial arbitration. Second, this paper provides suggestions on strategies for organizational decision-makers to consider whether it is proper to choose arbitration as a more favorable tool when confronted with a patent dispute. Finally, this paper discusses how to choose the seat of arbitral institution and the applicable law.
Do You Mind My Smoking? Plain Packaging Of Cigarettes Under The Trips Agreement, 10 J. Marshall Rev. Intell. Prop. L. 450 (2011), Alberto Alemanno, Enrico Bonadio
Do You Mind My Smoking? Plain Packaging Of Cigarettes Under The Trips Agreement, 10 J. Marshall Rev. Intell. Prop. L. 450 (2011), Alberto Alemanno, Enrico Bonadio
UIC Review of Intellectual Property Law
Plain packaging, a new tobacco control tool that a growing number of countries are considering, mandates the removal of all attractive and promotional aspects of tobacco product packages. As a result of plain packaging, the only authorized feature remaining on a tobacco package is the use of the brand name, displayed in a standard font, size, colour and location on the package. In opposing this new strategy, the tobacco industry is particularly keen on emphasizing the uselessness of plain packaging in reducing smoking rates and its incompatibility with trade mark provisions of international treaties. In particular, the tobacco industry and …
International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, 43 J. Marshall L. Rev. 603 (2010), Kenneth S. Gallant
International Criminal Courts And The Making Of Public International Law: New Roles For International Organizations And Individuals, 43 J. Marshall L. Rev. 603 (2010), Kenneth S. Gallant
UIC Law Review
No abstract provided.
Running From The United States Treasury: The Need To Reform The Taxation Of Multinational Corporations, 43 J. Marshall L. Rev. 1041 (2010), Jennifer Barton
Running From The United States Treasury: The Need To Reform The Taxation Of Multinational Corporations, 43 J. Marshall L. Rev. 1041 (2010), Jennifer Barton
UIC Law Review
No abstract provided.
The Effects Of "Blue Magic": A Call To Punish Criminal Organizations That Benefit From The Use Of Trademarks, 9 J. Marshall Rev. Intell. Prop. L. 912 (2010), Thomas J. Kelley
The Effects Of "Blue Magic": A Call To Punish Criminal Organizations That Benefit From The Use Of Trademarks, 9 J. Marshall Rev. Intell. Prop. L. 912 (2010), Thomas J. Kelley
UIC Review of Intellectual Property Law
Throughout history, criminal organizations have produced, packaged, transported, marketed, and sold illegal products. These organizations and their individual members can be punished for all of the steps in this process, except one: marketing. These groups routinely market their products with trademarks affixed to the illegal products they sell, and benefit from these trademarks the same way a company like the Coca-Cola Company benefits from its trademarks. Criminal organizations should not be free to use trademarks without fear of any additional punishment for doing so. Congress and the United States Sentencing Commission should look at this issue to determine an appropriate …
The New Ontologies: The Effect Of Copyright Protection On Public Scientific Data Sharing Using Semantic Web Ontologies, 10 J. Marshall Rev. Intell. Prop. L. 181 (2010), Andrew Clearwater
The New Ontologies: The Effect Of Copyright Protection On Public Scientific Data Sharing Using Semantic Web Ontologies, 10 J. Marshall Rev. Intell. Prop. L. 181 (2010), Andrew Clearwater
UIC Review of Intellectual Property Law
The semantic web is going to become an important tool for scientists who need to accurately share data given context through structured relationships. The structure that defines contextual relationships on the semantic web is known as an ontology; which is a hierarchical organization of a knowledge domain that contains entities and their relations. This paper seeks to answer whether semantic web ontologies are protectable by copyright, and regardless of the outcome, what the best practices are for the scientific community. The best practices for the scientific community should include the adoption of a machine readable ontology license which disclaims copyright …
University Research Under Siege: How The War On Terror Has Placed Academic Freedom Under Fire, 26 J. Marshall J. Computer & Info. L. 547 (2009), James Templin
UIC John Marshall Journal of Information Technology & Privacy Law
The Comment analyzes the proposed revisions to United States export regulations contained in the Deemed Export Advisory Committee’s 2007 report. While the Advisory Committee’s work was much needed and its recommendations laudable, this comment discusses why its recommendations must be narrowly tailored in order to preserve the competitiveness of U.S. businesses and universities in the globalizing world and to advance national security. Part II explains the regulations that govern U.S. exports, including the deemed export regulatory regime and how those rules implement a range of national obligations and interests. This Part also discusses the events that threatened to significantly burden …
Trade Adjustment Assistance At The U.S. Court Of International Trade: The Year In Review, 41 Geo. J. Int'l L. 137 (2009), Steven D. Schwinn
Trade Adjustment Assistance At The U.S. Court Of International Trade: The Year In Review, 41 Geo. J. Int'l L. 137 (2009), Steven D. Schwinn
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Role Of The Office Of The Administrative Law Judges Within The United States International Trade Commission, 8 J. Marshall Rev. Intell. Prop. L. 216 (2009), Carl C. Charneski
The Role Of The Office Of The Administrative Law Judges Within The United States International Trade Commission, 8 J. Marshall Rev. Intell. Prop. L. 216 (2009), Carl C. Charneski
UIC Review of Intellectual Property Law
Section 337 of the Tariff Act of 1930 makes unlawful, specifically, the importation of products that infringe intellectual property rights. The U.S. International Trade Commission (“ITC”) is the forum in which all section 337 proceedings are adjudicated and, within the ITC, the Office of Administrative Law Judges handles all these proceedings. Section 337 cases can be exceedingly complex and technical, and the Administrative Law Judges (“ALJ”) are the initial triers of fact, administrators, and decision makers in every case. Thus, the amount of work that the ALJs—along with their staff—must meet to see these cases to completion can be substantial. …
The Distinctive Characteristics Of Section 337, 8 J. Marshall Rev. Intell. Prop. L. 231 (2009), Jay H. Reiziss
The Distinctive Characteristics Of Section 337, 8 J. Marshall Rev. Intell. Prop. L. 231 (2009), Jay H. Reiziss
UIC Review of Intellectual Property Law
In an investigation by the International Trade Commission (“ITC” or “Commission”) under Section 337 of the Tariff Act of 1930 (“Section 337”) a complainant must satisfy two unique statutory criteria. First, a complainant must establish that the ITC has jurisdiction, usually by showing importation of an accused product. Second, a complainant must demonstrate that a domestic industry exists or is in the process of being established. A practitioner can be assured that the ITC’s jurisdiction is expansive and reaches foreign-based activities that affect U.S. commerce. Such actions can involve any unfair act and can be brought regardless of whether personal …
Post-Litigation Enforcement Of Remedial Orders Issued By The U.S. International Trade Commission In Section 337 Investigations, 8 J. Marshall Rev. Intell. Prop. L. 248 (2009), Merritt R. Blakeslee
Post-Litigation Enforcement Of Remedial Orders Issued By The U.S. International Trade Commission In Section 337 Investigations, 8 J. Marshall Rev. Intell. Prop. L. 248 (2009), Merritt R. Blakeslee
UIC Review of Intellectual Property Law
There is a common misperception that enforcement of International Trade Commission (“ITC”) remedial orders is automatic and self implementing. In reality, such remedial orders are not self-implementing, are less-than-perfect enforcement tools, and their effective enforcement carries with it a number of practical difficulties. This paper explores the realities of enforcing the ITC’s remedial orders – exclusion orders, consent orders, and cease-and-desist orders – with the goal of giving both complainants and respondents a heightened appreciation of the tactics and strategies that can be effectively deployed following the conclusion of a Section 337 investigation and the issuance of one or more …
Gray Market Trademark Infringement Actions At The U.S. International Trade Commission: The Benefits Of The Forum And Analysis Of Relevant Cases, 8 J. Marshall Rev. Intell. Prop. L. 271 (2009), Joseph H. Heckendorn, Lyle B. Vander Schaaf
Gray Market Trademark Infringement Actions At The U.S. International Trade Commission: The Benefits Of The Forum And Analysis Of Relevant Cases, 8 J. Marshall Rev. Intell. Prop. L. 271 (2009), Joseph H. Heckendorn, Lyle B. Vander Schaaf
UIC Review of Intellectual Property Law
Trademark owners continue to enforce their trademarks against imports of gray market goods using Section 337 of the Tariff Act of 1930. In comparison to the federal court alternative, the International Trade Commission (“ITC”) offers a number of distinct advantages. In addition, ITC decisions in In re Certain Agricultural Vehicles and Components Thereof and In re Certain Hydraulic Excavators and Components Thereof have clarified what is required to enforce trademarks at the ITC. Trademark owners should heed the recent ITC decisions in deciding how to curb imports of infringing gray market goods.
The U.S. International Trade Commission's Growing Role In The Global Economy, 8 J. Marshall Rev. Intell. Prop. L. 290 (2009), Patricia Larios
The U.S. International Trade Commission's Growing Role In The Global Economy, 8 J. Marshall Rev. Intell. Prop. L. 290 (2009), Patricia Larios
UIC Review of Intellectual Property Law
The widespread offshoring of manufacturing operations has created dramatic efficiencies and meaningful cost savings for many U.S. businesses. But as an unintended consequence, the move to foreign manufacturing also has created challenges to the U.S. patent system and its ability to protect American businesses from infringing competition. U.S. District Courts are frequently an inadequate forum for litigating patent infringement suits involving an accused device manufactured abroad because of the difficulties associated with obtaining jurisdiction and proving infringement. Patent holders faced with such a situation, however, are not left without recourse. This article explores the different enforcement mechanisms available in the …
"Several Healthy Steps Away": New & Improved Products In Section 337 Investigations, 8 J. Marshall Rev. Intell. Prop. L. 309 (2009), Steven E. Adkins, John Evans
"Several Healthy Steps Away": New & Improved Products In Section 337 Investigations, 8 J. Marshall Rev. Intell. Prop. L. 309 (2009), Steven E. Adkins, John Evans
UIC Review of Intellectual Property Law
A business that imports “new and improved,” or redesigned, products into the United States should be aware of the procedures available to lessen the risk of violating standing orders of the United States International Trade Commission (“Commission”). In order to ensure that these products gain entry without violating an ITC order and accruing substantial penalties, it is imperative that the business know its options. Whether it requests a Customs ruling or uses a certification, or whether it petitions for an advisory opinion from the Commission, the business must be able to maneuver. This nuts-and-bolts guide provides examples and information on …
Three Questions That Will Make You Rethink The U.S.-China Intellectual Property Debate, 7 J. Marshall Rev. Intell. Prop. L. 412 (2008), Peter K. Yu
UIC Review of Intellectual Property Law
Commentators have attributed China’s piracy and counterfeiting problems to the lack of political will on the part of Chinese authorities. They have also cited the many political, social, economic, cultural, judicial, and technological problems that have arisen as a result of the country’s rapid economic transformation and accession to the WTO. This provocative essay advances a third explanation. It argues that the failure to resolve piracy and counterfeiting problems in China can be partly attributed to the lack of political will on the part of U.S. policymakers and the American public to put intellectual property protection at the very top …
Beyond Microsoft: Intellectual Property, Peer Production And The Law's Concern With Market Dominance, 18 Fordham Intell. Prop. Media & Ent. L.J. 291 (2008), Daryl Lim
UIC Law Open Access Faculty Scholarship
No abstract provided.