Seeing Color: Implications Of The European Union's New Common Practice For Transatlantic Trademark Registration By United States Trademark Holders,
2016
Seattle University School of Law
Seeing Color: Implications Of The European Union's New Common Practice For Transatlantic Trademark Registration By United States Trademark Holders, Christine Park
Seattle University Law Review
This Note explores two issues related to the EU’s new common practice: (1) whether the new common practice will deter ongoing efforts to integrate trademark registration and protection at the international level; and (2) whether U.S. trademark holders, when expanding business into the EU, should register through the Madrid Protocol and obtain Community Trade Mark or register through a country’s trademark office. This Note argues that the new trademark practice hinders international efforts for standardizing trademark registration and that U.S. trademark holders should claim color when registering their marks with the EU.
Law And The Theory Of Fields,
2016
Seattle University School of Law
Law And The Theory Of Fields, Frank Partnoy
Seattle University Law Review
The distinction between “material” and “existential” plays a prominent role in A Theory of Fields, and it played a prominent role in discussions at the Berle VII Symposium. In general, the authors advocated the importance of the ongoing use of social skills and the collaborative efforts to seek meaning, particularly in ways beyond the merely “material.” However, the extent to which rules might matter in these efforts was less clear. Overall, Fligstein and McAdam seek to use the concept of a strategic action field to develop a theory of social change and stability. Yet social change and stability are inextricably …
Agency Theory As Prophecy: How Boards, Analysts, And Fund Managers Perform Their Roles,
2016
Seattle University School of Law
Agency Theory As Prophecy: How Boards, Analysts, And Fund Managers Perform Their Roles, Jiwook Jung, Frank Dobbin
Seattle University Law Review
In 1976, Michael Jensen and William Meckling published a paper reintroducing agency theory that explained how the modern corporation is structured to serve dispersed shareholders. They purported to describe the world as it exists but, in fact, they described a utopia, and their piece was read as a blueprint for that utopia. We take a page from the sociology of knowledge to argue that, in the modern world, economic theories function as prescriptions for behavior as much as they function as descriptions. Economists and management theorists often act as prophets rather than scientists, describing the world not as it is, …
Notes On The Difficulty Of Studying The Corporation,
2016
Seattle University School of Law
Notes On The Difficulty Of Studying The Corporation, Marina Welker
Seattle University Law Review
In the award-winning documentary The Corporation, public intellectuals and activists characterize corporations as “externalizing machines,” “doom machines,” “persons with no moral conscience,” and “monsters trying to devour as much profit as possible at anyone’s expense.” In other footage, people on the street personify corporations: “General Electric: a kind old man with lots of stories;” “Nike: young, energetic;” “Microsoft: aggressive;” “McDonald’s: young, outgoing, enthusiastic;” “Monsanto: immaculately dressed;” “Disney: goofy;” “The Body Shop: deceptive.” The documentary, like screenwriter and legal scholar Joel Bakan’s book The Corporation: The Pathological Pursuit of Profit and Power, imparts dissonant messages about corporations. On the one hand, …
In The Name Of Patent Stewardship: The Federal Circuit's Overreach Into Commercial Law,
2016
Indiana University Robert H. McKinney School of Law
In The Name Of Patent Stewardship: The Federal Circuit's Overreach Into Commercial Law, Xuan-Thao Nguyen
Florida Law Review
While the U.S. Court of Appeals for the Federal Circuit has admirably commandeered its stewardship of patent law—Congress bestowed the Federal Circuit with exclusive jurisdiction over patent appeals since 1982—the court has unabashedly extended its reach, unwelcomed, into commercial law. Camouflaged in the name of patent stewardship, the Federal Circuit’s foray into commercial law has yielded unexpected and unjustifiable results. This Article argues that, paradoxically, to maintain its stewardship of patent law, the Federal Circuit should not invoke patent law to rationalize its decisions concerning commercial law, which have dramatically altered established commercial law. This encroachment into commercial law, which …
Non-Compete Legislation Is Getting Worse With Latest Revisions,
2016
William & Mary Law School
Non-Compete Legislation Is Getting Worse With Latest Revisions, Nathan B. Oman
Popular Media
No abstract provided.
Modernising Company Law: The Singapore Experience,
2016
Singapore Management University
Modernising Company Law: The Singapore Experience, Pey Woan Lee, Christopher C. H. Chen
Research Collection Yong Pung How School Of Law
In October 2014, the Singapore Parliament passed the Companies (Amendment) Act 2014 (Singapore). Encompassing the most comprehensive revision of corporate legislation in the history of Singapore, this Act has been implemented in two phases. This article will consider the impetus for as well as the salient themes that guided this wide-ranging review in the period 2014-2016.
Rationalising Anticipatory Breach In Executed Contracts,
2016
Singapore Management University
Rationalising Anticipatory Breach In Executed Contracts, Yihan Goh, Man Yip
Research Collection Yong Pung How School Of Law
Rationalising the doctrine of anticipatory breach is notoriously difficult. This may explain the complete lack of attempt by the UK Supreme Court to address its conceptual difficulties in its recent judgment in Bunge SA v Nidera BV [2015] UKSC 43; [2015] 3 All E.R. 1082. It is therefore of interest that the Singapore Court of Appeal in The “STX Mumbai” [2015] SGCA 35; [2015] 5 S.L.R. 1 explained why the doctrine of anticipatory breach can be applied to executed contracts (in the sense of being fully executed by the innocent party). Whilst anticipatory breach applies similarly under English law, the …
A Comparative Study Of Non-United States Responses To The Arab Boycott,
2016
University of Georgia School of Law
A Comparative Study Of Non-United States Responses To The Arab Boycott, Nancy Turck
Georgia Journal of International & Comparative Law
No abstract provided.
Stopping The Madman: Lessons From The Kaesong Industrial Complex,
2016
Pepperdine University
Stopping The Madman: Lessons From The Kaesong Industrial Complex, Sei Hee Park
Pepperdine Dispute Resolution Law Journal
Section I briefly introduces the Kaesong Industrial Complex, and its closure and reopening. Section II looks at the history of North and South Korea that has set up the current tension between the nations. Section III highlights the significance of the KIC to the two Koreas' relationship. Section IV then explores North Korea's behavior over the years, intertwining discussion of Thomas Schelling's "Madman Theory" to describe North Korea's growing unpredictability and irrationality. Section V provides suggestions for how South Korea can appease North Korea's erratic behavior, as exemplified by their actions during the KIC negotiations. Section VI concludes.
Surveying The Landscape Of Conflict Management,
2016
Pepperdine University
Surveying The Landscape Of Conflict Management, Tom Stipanowich, J. Kwang Ho Lim, E. Y. Park, Beomsu Kim, Joongi Kim
Pepperdine Dispute Resolution Law Journal
No abstract provided.
The Intersection Between Legal Risk Management And Dispute Resolution In The Commercial Context,
2016
Pepperdine University
The Intersection Between Legal Risk Management And Dispute Resolution In The Commercial Context, Garrick Apollon
Pepperdine Dispute Resolution Law Journal
This article explains the key advantages and challenges of using LRM to help lawyers managing substantive matters related to the commercial negotiations and disputes, and the key advantage of using ADR techniques for the management of nonsubstantive matters related to commercial negotiations and disputes. This article overall demonstrates that LRM can complement dispute resolution and vice versa. This article also demonstrates how LRM can be utilized in commercial negotiations and mediations.
Close The Waste Loopholes: Reassessing Commercial Item Regulations In Federal Procurements,
2016
William & Mary Law School
Close The Waste Loopholes: Reassessing Commercial Item Regulations In Federal Procurements, Jim R. Moye
William & Mary Business Law Review
Classifying an item as commercial reduces the governments ability to ask for information to determine whether prices are fair or reasonable, based on the assumption that these prices would e shaped by market forces. Since changes in procurement laws in the 1990s, contractors seem to want all items, as well as the entities that sell these items, to be listed as commercial. Contractors push for items to be labeled as commercial so they can avoid nearly all oversight and transparency requirements, which often results in the government buying blindly.
The Exporting Process: Some Considerations For Practitioners,
2016
University of Georgia School of Law
The Exporting Process: Some Considerations For Practitioners, Albert Caproni Iii
Georgia Journal of International & Comparative Law
No abstract provided.
The Council Of Europe Convention On Products Liability,
2016
University of Georgia School of Law
The Council Of Europe Convention On Products Liability, Bernard Hanotiau
Georgia Journal of International & Comparative Law
No abstract provided.
Further Comments On The Hague Convention On The Law Applicable To Products Liability,
2016
University of Georgia School of Law
Further Comments On The Hague Convention On The Law Applicable To Products Liability, Willis L. M. Reese
Georgia Journal of International & Comparative Law
No abstract provided.
Trending @ Rwu Law: Professor Tanya Monestier's Post: Is Corporate Registration A Proper Basis For General Jurisdiction?: 02-09-2016,
2016
Roger Williams University School of Law
Trending @ Rwu Law: Professor Tanya Monestier's Post: Is Corporate Registration A Proper Basis For General Jurisdiction?: 02-09-2016, Tanya Monestier
Law School Blogs
No abstract provided.
Going Native: The Rise Of Online Native Advertising And A Recommended Regulatory Approach,
2016
The Catholic University of America, Columbus School of Law
Going Native: The Rise Of Online Native Advertising And A Recommended Regulatory Approach, A.J. Casale
Catholic University Law Review
J.D. Candidate, May 2016, The Catholic University of America, Columbus School of Law; B.A., 2006, The George Washington University. The author would like to thank the staff and editors of the Catholic University Law Review for their contributions to this Comment.
From Precision Agriculture To Market Manipulation: A New Frontier In The Legal Community,
2016
University of Minnesota Law School
From Precision Agriculture To Market Manipulation: A New Frontier In The Legal Community, Neal Rasmussen
Minnesota Journal of Law, Science & Technology
No abstract provided.
The Regulation Of Commercial Profiling — A Comparative Analysis,
2016
Goethe-Universität
The Regulation Of Commercial Profiling — A Comparative Analysis, Indra Spiecker, Olivia Tambou, Paul Bernal, Margaret Hu, Carlos Alberto Molinaro
Scholarly Articles
The authors, all data protection experts, discuss the status of the relevant data protection regulatory framework on profiling in the business sector in sev eral countries worldwide, from the constitutional level to some individual regulation including the general attitude towards the topic. The EU perspective is presented on the basis of the present directives as well as the General Data Protection Regulation. The United Kingdom, Germany and France, as three of the largest EU Member States with partly highly differing regulatory approaches represent Member State law. Australia, Brazil and the US regulation exemplify the different integration of data protection standards …
