Commercial Law Commons^™

Finding A Forest Through The Trees: Georgia-Pacific As Guidance For Arbitration Of International Compulsory Licensing Disputes, Karen Mckenzie

Marquette Intellectual Property Law Review

This paper will examine the challenges of international compulsory licensing by examining the issue historically and legally as well as offer possible solutions. Thus, this paper will explore the challenge of balancing corporate interests against the affordability and availability of pharmaceuticals by focusing on discrete situations in developing countries, the history of compulsory licensing, and how the World Health Organization (the “WHO”) and the WTO have attempted to tackle these challenges through compulsory licensing, and it will suggest a possible framework for use in arbitration, which balances equities through a Georgia-Pacific analysis.

Protecting Wisconsinites From Trolls: The Federal Circuit's "Bad Faith" Preemption And Its Restrictive Effect, Andrew Salomone

Marquette Intellectual Property Law Review

In this comment, I use Wis. Stat. Ann. § 100.197 (“Wisconsin’s anti-PAE statute”) to demonstrate the significant degree to which the Federal Circuit’s current preemption regime restricts states’ abilities to regulate the behavior of PAEs. In Part II, I summarize Wisconsin’s legislative response to PAEs. In Part III, I contrast the Federal Circuit’s preemption doctrine and the Supreme Court’s doctrine as it relates to state laws similar to anti-PAE statutes. Paying particular attention to Wisconsin’s patent notification statute, I provide a brief preemption analysis in Part IV. Finally, in Part V, I conclude by arguing that the severe consequences of …

One Chuck, Two Chuck: Analyzing Whether Federally Registered Trademarks Should Be Distinguished From Unregistered, Common-Law Trademarks In The Context Of Converse, Inc. V. International Trade Commission, Mckenzie Subart

Marquette Intellectual Property Law Review

This Comment analyzes which trademark model (the pyramid model or the box model) is a better representation and characterization of trademarks and trademark rights. Under the pyramid model, there is one trademark: both common law rights and federal registration rights attach to this single trademark. For the pyramid model, trademark rights resemble a pyramid because federal registration rights build upon the foundation created by common law rights. Common law rights and federal registration rights are interdependent. Under the box model, there is a common-law trademark and a federal trademark: common law rights attach to the common-law trademark, and federal registration …

Making Corporations More Human Through Artificial Intelligence, Michael R. Siebecker

Sturm College of Law: Faculty Scholarship

Can existing corporate fiduciary principles adequately guide officers and directors regarding the proper development and utilization of artificial intelligence ("AI") technologies? What role should AI play in corporate boardrooms? These questions seem especially pressing considering the increasing prevalence of AI throughout a variety of industries in a host of key functions. It should come as little surprise, however, that with the advent of a powerful new technology, important concerns arise regarding the limits on its use and the ends to which it should be directed. Ethicists warn about AI 's lack of moral sensitivity, empathy, and appreciation for human rights. …

The Digital Private Copy Of The Work As A Limitation On The Exclusive Rights Of The Author According To The Uae Copyright Law No. (7) Of 2002., Prof. Mohammad Saad Al Armman

Faculty Peer-Reviewed Papers | بحوث هيئة التدريس المحكمة

The reality of the digital environment has imposed the phenomenon of private copying of works and their exchange, which has made it necessary to review many of the rules governing the process of private reproduction. Practicing the special version in the digital environment is certainly different from its practice for works published in the traditional ways. The technological progress, in all its forms, has led to ease practicing the private version of the author’s works and exploiting them in a way that forms a danger on the author’s copyrights. In the light of the challenges that have become tangible and …

The Digital Private Copy Of The Work As A Limitation On The Exclusive Rights Of The Author According To The Uae Copyright Law No.(7) Of 2002, Dr.Mohammad Saad Al Armman

Faculty Peer-Reviewed Papers | بحوث هيئة التدريس المحكمة

No abstract provided.

Commercial Clicks: Advertising Algorithms As Commercial Speech, Kerri A. Thompson

Vanderbilt Journal of Entertainment & Technology Law

Congressional hearings have finally called for the "right regulation" of social media platforms. The First Amendment, however, has shielded internet companies from regulation since the birth of social media. Even if Congress enacts legislation now, internet companies will be able to defend against the "wrong regulation" by claiming the regulation unconstitutionally limits their freedom of speech. This Article uses Facebook's advertising algorithms as a case study of how Congress can properly regulate Facebook by analyzing the advertising algorithms as commercial speech, which receives less protection under First Amendment jurisprudence. In doing so, Congress can protect the strong public interest in …

"Gatekeepers" Are Vital Participants In Anti-Money-Laundering Laws And Enforcement Regimes As Permission-Less Blockchain-Based Transactions Pose Challenges To Current Means To "Follow The Money", Sarah Jane Hughes

Articles by Maurer Faculty

Two phenomena dominate reports about blockchain-based transactions—that they will disrupt and displace legacy banking, securities, and trade intermediaries, and that they present new or greater opportunities for hiding proceeds of crimes or corruption. This essay does not deal with the former topic. Rather, the organizers of the symposium at George Mason University’s Antonin Scalia School of Law asks me to consider the latter question. It proved to be a tough assignment.

This essay looks at the separate questions of (1) the degree to which permission-less blockchain transactions will disrupt current anti-money laundering (AML) regimes and enforcement efforts, and (2) what …

Oil, Gas, And Rhesus Monkeys: A New Framework For Natural Resources Under The Commercial Activity Exception, Madelaine J. Horn

Cornell International Law Journal

The Foreign Sovereign Immunities Act of 1976 (FSIA) constitutes an exception for sovereign states to the normal jurisdictional rules that govern when parties are subject to suit in US courts. The commercial activity provision is a carveout within that broad exception-it deprives sovereign states of their exceptional immunity when they engage in commercial conduct. Within this framework, courts have used the natural resource rule to circumvent the commercial activity carveout and restore immunity to sovereign states. This Note argues that the rule should be abandoned in favor of a much more limited test, thereby increasing the number of sovereign states …

From Skepticism To Reality-The Path To The Convention For The Enforcement Of Mediated Settlements, Deborah Masucci

Cardozo Journal of Conflict Resolution

The United States Delegation to the United Nations Commission on International Trade Law's ("UNCITRAL") Working Group II submitted a proposal for the Convention for the Enforcement of Mediated Settlements ("Convention") in May 2014. The proposal was met with skepticism. Delegates questioned the necessity of a convention citing past discussions where similar proposals were tabled. Some commentators went so far as to call the proposal the "Mediators Full Employment Act." Despite the pushback, the Working Group II decided to proceed with discussions to determine what a convention would look like while gathering more information from business users about the need for …

Scènes À Faire In Music: How An Old Defense Is Maturing, And How It Can Be Improved, Torrean Edwards

Marquette Intellectual Property Law Review

First, this Comment will provide background on the test for copyright infringement used by the Fourth, Eighth, and Ninth Circuits. Second, the Comment will address what scènes à faire is and how recent cases have treated scènes à faire in music. Third and finally, the Comment will offer a suggestion as to a proper scènes à faire determination and analyze how scènes à faire should be applied.

Experimenting With State-Enacted Resale Rights, Guy A. Rub

Kentucky Law Journal

No abstract provided.

Soft And Hard Strategies: The Role Of Business In The Crafting Of International Commercial Law, Susan Block-Lieb

Michigan Journal of International Law

What motivates the choice between hard and soft law in the drafting of international commercial law, and what role does business play in the preference between the two? Broad disagreement exists in international law (IL) commentary as to motivations for reliance on soft international law. Traditionally, this commentary cast a wide gaze across both international public and private law, but debate about the use of hard or soft law is sharpened by focusing exclusively on international commercial lawmaking. Traditionally, IL commentary considered only on states' interests in crafting international law and ignored business interests. But recent scholarship has begun to …

Commercial Speech Protection As Consumer Protection, Felix T. Wu

University of Colorado Law Review

No abstract provided.

Fraud, Letters Of Credit, And The Uniform Commercial Code: It Is Time To Untether The Independence Principle, Richard Flint

Faculty Articles

The purpose of this Article is to evaluate the efficacy of the fraud exception to the independence principle in letters of credit law in the case of both commercial and standby letters of credit. In doing so, a primary focus will be to identify which of the various parties to a letter of credit transaction the present fraud exception "protects" and to evaluate the policy justifications for why these persons are viewed by the law to be eligible recipients of protection.

Advanced Artificial Intelligence And Contract, John Linarelli

Scholarly Works

The aim of this article is to inquire whether contract law can operate in a state of affairs in which artificial general intelligence (AGI) exists and has the cognitive abilities to interact with humans to exchange promises or otherwise engage in the sorts of exchanges typically governed by contract law. AGI is a long way off but its emergence may be sudden and come in the lifetimes of some people alive today. How might contract law adapt to a situation in which at least one of the contract parties could, from the standpoint of capacity to engage in promising and …

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 …

The Rise Of Business Trusts In Sustainable Neo-Innovative Economies, Lee-Ford Tritt, Ryan Scott Teschner

UF Law Faculty Publications

This Article is organized as follows: Part I provides a basic understanding of business trusts in the United States. Next, Part II explores the differences between business trusts in the United States and those in Singapore. Finally, Part III discusses how historical and cultural influences may have shaped the success—or lack thereof—of the business trust form in Singapore and in the United States.

High On Federalism: Marijuana's Challenge To Federal-State Relations, Ilya Shapiro, Matthew Larosiere

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Don't Forget To Subscribe: Regulation Of Online Advertising Evaluated Through Youtube's Monetization Problem, Nicole E. Pottinger

Kentucky Law Journal

No abstract provided.