Trade Law
The Global Trade of Cloned Meat
Written by: Andrew Jensen Kerr
Abstract Until now commercial animal cloning has been generally limited to breeding stock. But Xu Xiaochun of the Chinese company Boyalife Genetics plans to mass produce animal clones for direct meat consumption. The research partnership between Boyalife and South Korean firm Sooam Biotech suggests the possibility of an international market for cloned food animals. Can […]
Gregory Scopino, Do Automated Trading Systems Dream of Manipulating the Price of Futures Contracts? Policing Markets for Improper Trading Practices by Algorithmic Robots
This Article seeks to determine if the CFTC needs new tools to combat disruptive, manipulative, or otherwise harmful trading practices that originate solely from the “minds” of ATSs. Part I of this Article provides a brief regulatory background of the derivatives markets, then examines the increased automation in those markets today, and concludes by looking at […]
Courtney Gaughan, Some More Watters, Please: The Dodd-Frank Act's New Preemption Standards Lighten Consumers' Wallets
63 Fla. L. Rev. 1459 (2011)| | | | The Dodd-Frank Wall Street Reform and Consumer Protection Act precipitates innumerable changes that will both directly and indirectly shape the future of the financial industry. This Note addresses two important subsets of the Dodd-Frank Act- Section 1044 and Section 1046-which vitiate the authority of federally chartered […]
Hari M. Osofsky, Multidimensional Governance and the BP Deepwater Horizon Oil Spill
63 Fla. L. Rev. 1077 (2011)| | | ARTICLE :: This Article explores the governance challenges posed by the BP Deepwater Horizon oil spill and proposes strategies for developing more inclusive, responsive institutions to help meet them. It begins by analyzing the incident through five core dimensions-vertical, horizontal, direction of hierarchy, cooperativeness, and public- private-to […]
Elizabeth L. Rosenblatt, Rethinking the Parameters of Trademark Use in Entertainment
61 Fla. L. Rev. 1011 (2009) | | | | ABSTRACT :: Trademark law is flawed in its approach to trademark uses in entertainment. Infringement turns on whether a consumer is likely to be confused into believing that a markholder sponsored or approved of the use. Because consumers are increasingly aware of product placement and […]
Robert J. Rhee, Tort Arbitrage
60 Fla. L. Rev. 125 (2008) | | | | ABSTRACT :: The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the empirical world. This Article models the interaction of settlement dynamics and the economic theory of negligence. It shows that tort claims are systematically devalued […]
Samuel J. Horovitz, Two Wrongs Don't Negate a Copyright: Don't Make Students Turnitin if You Won't Give it Back
60 Fla. L. Rev. 229 (2008) | | | | INTRODUCTION :: The story goes something like this: There was a particularly difficult college professor notorious for a low grading scale. After years of low grade following low grade, one paper finally earned a B minus, the highest grade ever awarded by this professor. Word […]
Dana Remus Irwin, Paradise Lost in The Patent Law? Changing Visions of Technology in The Subject Matter Inquiry
60 Fla. L. Rev. 775 (2008) | | | | ABSTRACT :: In recent decades, the Patent and Trademark Office and the federal courts have dramatically expanded the scope of patentable subject matter-the set of inventions eligible for patent protection. Existing scholarship has taken a narrow view of this expansion. Scholars argue on efficiency grounds […]
Honorable William H. Pryor Jr., The Perspective of a Junior Circuit Judge on Judicial Modesty
60 Fla. L. Rev. 1007 (2008) | | | | TEXT :: I appreciate the invitation to deliver the Dunwody Lecture this year, and I am grateful that this occasion has allowed me to visit, for the first time, one of the premier law schools in this Circuit and our nation. The Levin College of […]
David S. Levine, Secrecy and Unaccountability: Trade Secrets in our Public Infrastructure
59 Fla. L. Rev. 135 (2007) | | | | ABSTRACT :: Trade secrecy-the intellectual property doctrine that allows businesses to keep commercially valuable information secret for a potentially unlimited amount of time- is increasingly intruding in the operation of our public infrastructure, including voting machines, the Internet, and telecommunications. A growing amount of public […]
Jeffrey L. Harrison, Trademark Law and Status Signaling: Tattoos for the Privileged
59 Fla. L. Rev. 195 (2007) | | | | INTRODUCTION :: The motivations for buying a good or service are highly complex. At the most basic level, people buy goods because of what the goods do or because of the aesthetic elements they embody. More technically, buyers derive utility from the “functional” quality of […]
Kevin M. Shuler, Is the Endangered Species Act Endangered in the Age of Strict Federalism? A Florida Perspective on the Recent Commerce Clause Challenges to the ESA
57 Fla. L. Rev. 1135 (2005) | | | | INTRODUCTION :: Suppose that a ten-million-dollar development project in Levy County was suddenly stymied by the discovery of a nest of Florida salt marsh voles. Such a delay could endanger a project bringing much-needed jobs to one of Florida’s poorest counties. Despite existing in only […]
Jacqueline Lipton, Information Property: Rights and Responsibilities
56 Fla. L. Rev. 135 (2004) | | | | INTRODUCTION :: Can you own information? If so, what is the theoretical justification for ownership, and precisely what rights does ownership confer? What is the impact of ownership of information and ideas on society and on the public domain? These questions have increasingly absorbed the […]
Mark Alan Thurmon, The Rise and Fall of Trademark Law's Functionality Doctrine
56 Fla. L. Rev. 243 (2004) | | | | INTRODUCTION :: Trademark law’s functionality doctrine is a mess, and the responsibility for this mess rests squarely with the United States Supreme Court. In TrafFix Devices, Inc. v. Marketing Displays, Inc., the Supreme Court intervened to resolve a minor split on a secondary functionality issue, […]