David Shipley - Academia.edu (original) (raw)
Papers by David Shipley
Georgia law review, Jun 1, 2016
demanding federal standard without offending the principles flowing from Erie and its progeny. Th... more demanding federal standard without offending the principles flowing from Erie and its progeny. The federal court will be applying the applicable state substantive law when it hears and decides a diversity case, 6 but how far does it have to go in replicating its state's practice on the grant or denial of the provisional remedy? 7 This Erie doctrine choice-of-law issue regarding the standard for preliminary injunctions has been litigated in several jurisdictions, 8 discussed in several articles, 9 and mentioned in passing by the United States Supreme Court. 10 Some courts have said that federal law governs the standards for issuing a
Social Science Research Network, Sep 5, 2017
detail.aspx?g-33ad26c2-70 ld-42c4-8006-dd988212d4e2 (discussing proposed changes in the Copyright... more detail.aspx?g-33ad26c2-70 ld-42c4-8006-dd988212d4e2 (discussing proposed changes in the Copyright Office's Compendium that "indicate consideration of the nuanced change, and potential expansion of copyrightability for design elements of useful articles"); Patrick K.
Journal of Intellectual Property Law, 2016
In the Barbie litigation, the copyright owner, Mattel, recovered the fees from plaintiff's counse... more In the Barbie litigation, the copyright owner, Mattel, recovered the fees from plaintiff's counsel while the Perfect 10 website and the Doyle Estate were on the losing side. See,
Social Science Research Network, Sep 5, 2017
The transformative use standard, which is an important aspect of copyright law's fair use doctrin... more The transformative use standard, which is an important aspect of copyright law's fair use doctrine, has been confusing and uncertain since 1994 when it was first introduced by the United States Supreme Court in Campbell v. Acuff-Rose Music. 1 To try to make some sense of this standard, this article extends the work of several scholars including Paul Goldstein, Pamela Samuelson, Neil Netanel, and Michael Madison, 2 who have argued that the massive amount of fair use case law generally divides itself into categories, patterns, or policy clusters which have their own internal coherence. I contend that these observations apply as well t Georgia Athletic Association Professor in Law, University of Georgia.
David Shipley becomes Dean of the College of Law he College of Law welcomes David E.
Georgia Journal of International Comparative Law, 2014
The Effort to Establish Market Democracies in Iraq and Afghanistan." I want to begin the morning ... more The Effort to Establish Market Democracies in Iraq and Afghanistan." I want to begin the morning by extending a warm Southern welcome to our distinguished panelists who have traveled here from so far away to take part in this event. I would also like to give a special welcome to Dr. Andreas Zimmer, of the German Consulate General in Atlanta. We are delighted to host all of you here in Athens on this lovely spring day. We appreciate your interest. As some of the students have heard me say throughout the week, this student-organized conference is-unless Google is withholding information from us-the most comprehensive look at the legal, political, economic and security issues facing Iraq and Afghanistan on any university campus worldwide. We are particularly honored that the University of Georgia will be hosting the discussion today. The Georgia Journal of International and Comparative Law will be publishing the proceedings of the conference this fall. To make sure we do not miss one word, C-SPAN, CNN, and ABC have graciously offered their help to cover part of the proceedings today.
The Effort to Establish Market Democracies in Iraq and Afghanistan." I want to begin the morning ... more The Effort to Establish Market Democracies in Iraq and Afghanistan." I want to begin the morning by extending a warm Southern welcome to our distinguished panelists who have traveled here from so far away to take part in this event. I would also like to give a special welcome to Dr. Andreas Zimmer, of the German Consulate General in Atlanta. We are delighted to host all of you here in Athens on this lovely spring day. We appreciate your interest. As some of the students have heard me say throughout the week, this student-organized conference is-unless Google is withholding information from us-the most comprehensive look at the legal, political, economic and security issues facing Iraq and Afghanistan on any university campus worldwide. We are particularly honored that the University of Georgia will be hosting the discussion today. The Georgia Journal of International and Comparative Law will be publishing the proceedings of the conference this fall. To make sure we do not miss one word, C-SPAN, CNN, and ABC have graciously offered their help to cover part of the proceedings today.
This notable conference on compelling issues regarding opening up the transatlantic air transport... more This notable conference on compelling issues regarding opening up the transatlantic air transport market was a cooperative effort of The Dean Rusk Center—International, Comparative and Graduate Legal Studies at the University of Georgia School of Law, the Institute for European Studies at Vrije Universiteit Brussel, Brussels, Belgium, and the Institute of Continuing Legal Education in Georgia. Charles Hunnicutt, Robins, Kaplan,
proximity to downtown Athens are some of the special things we all hold dear. At the same time, m... more proximity to downtown Athens are some of the special things we all hold dear. At the same time, most of our facilities have not changed since 1967. Today's law students are in classrooms which look just the same as when some of their parents were students-the same desks, the same chairs, and the same blackboards. Frankly, our law school has become much like that Columbia bungalow-it's a "fixer-upper."
It is economic reality that pecuniary value is inherent in publicity.' Public figures often under... more It is economic reality that pecuniary value is inherent in publicity.' Public figures often undertake endorsements, franchise operations, and other business ventures because their names will transfer goodwill to products and services.' The widespread practice of purchasing rights to use an individual's name, likeness, distinctive personality attributes, style, or characterizations to promote a product or attract an audience is evidence that such publicity interests have pecuniary value.' Individuals have legitimate proprietary claims to their publicity interests. 4 In many cases, the elements of a person's public personality become valuable only after the investment of considerable time, effort, skill and perhaps money. 5 People often want to prevent the reproduction, promotion or other use of their publicity interests without authorization and remuneration. 6 Since the latter part of the nineteenth century, various courts have indicated that publicity interests constitute a distinct kind of property
Architecture is the most commonly experienced and pervasive of all the arts. The creative efforts... more Architecture is the most commonly experienced and pervasive of all the arts. The creative efforts of architects culminate in structures used for shelter, pleasure, business, entertainment, and transportation. 1 Architects express their design concepts in sketches, elevations, floor plans, working drawings, specifications, renditions, and three-dimensional models. 2 Their labors in shaping the ideas for a building from rough conceptions into plans and then into completed structures are similar to the efforts of other creators. An architect is as much an author as is a sculptor or a dramatist. His plans, renditions, and the resulting structure will ordinarily show originality and will reflect his personality. As Justice Holmes stated, "Personality always contains something unique. It expresses its singularity even in handwriting, and a very modest grade of art has in it something irreducible, which is one man's alone. That something he may copyright
The Georgia Supreme Court and Court of Appeals have long accepted the General Assembly's authorit... more The Georgia Supreme Court and Court of Appeals have long accepted the General Assembly's authority to enact legislation that establishes administrative agencies and empowers those agencies to promulgate rules and regulations to implement their enabling statutes. 1 In addition, the Georgia Constitution provides that the General Assembly may authorize agencies to exercise quasi-judicial powers. 2 Administrative agencies with broad powers enjoy a secure position under Georgia law. 3 Like federal and state administrative agencies throughout the nation, Georgia's many boards, commissions and authorities make policy when they apply their governing statutes in promulgating regulations of general applicability, 4 and in ruling on specific matters like granting or denying an application for a permit or determining the residency of a candidate for public office. 5 Sometimes the governing statutes are clear, but sometimes there is ambiguity. When there is ambiguity in its governing statute, the agency must interpret that legislation when it promulgates regulations or decides a particular contested matter. 6 This article asks and answers the question of what deference,
Georgia law review, Jun 1, 2016
demanding federal standard without offending the principles flowing from Erie and its progeny. Th... more demanding federal standard without offending the principles flowing from Erie and its progeny. The federal court will be applying the applicable state substantive law when it hears and decides a diversity case, 6 but how far does it have to go in replicating its state's practice on the grant or denial of the provisional remedy? 7 This Erie doctrine choice-of-law issue regarding the standard for preliminary injunctions has been litigated in several jurisdictions, 8 discussed in several articles, 9 and mentioned in passing by the United States Supreme Court. 10 Some courts have said that federal law governs the standards for issuing a
Social Science Research Network, Sep 5, 2017
detail.aspx?g-33ad26c2-70 ld-42c4-8006-dd988212d4e2 (discussing proposed changes in the Copyright... more detail.aspx?g-33ad26c2-70 ld-42c4-8006-dd988212d4e2 (discussing proposed changes in the Copyright Office's Compendium that "indicate consideration of the nuanced change, and potential expansion of copyrightability for design elements of useful articles"); Patrick K.
Journal of Intellectual Property Law, 2016
In the Barbie litigation, the copyright owner, Mattel, recovered the fees from plaintiff's counse... more In the Barbie litigation, the copyright owner, Mattel, recovered the fees from plaintiff's counsel while the Perfect 10 website and the Doyle Estate were on the losing side. See,
Social Science Research Network, Sep 5, 2017
The transformative use standard, which is an important aspect of copyright law's fair use doctrin... more The transformative use standard, which is an important aspect of copyright law's fair use doctrine, has been confusing and uncertain since 1994 when it was first introduced by the United States Supreme Court in Campbell v. Acuff-Rose Music. 1 To try to make some sense of this standard, this article extends the work of several scholars including Paul Goldstein, Pamela Samuelson, Neil Netanel, and Michael Madison, 2 who have argued that the massive amount of fair use case law generally divides itself into categories, patterns, or policy clusters which have their own internal coherence. I contend that these observations apply as well t Georgia Athletic Association Professor in Law, University of Georgia.
David Shipley becomes Dean of the College of Law he College of Law welcomes David E.
Georgia Journal of International Comparative Law, 2014
The Effort to Establish Market Democracies in Iraq and Afghanistan." I want to begin the morning ... more The Effort to Establish Market Democracies in Iraq and Afghanistan." I want to begin the morning by extending a warm Southern welcome to our distinguished panelists who have traveled here from so far away to take part in this event. I would also like to give a special welcome to Dr. Andreas Zimmer, of the German Consulate General in Atlanta. We are delighted to host all of you here in Athens on this lovely spring day. We appreciate your interest. As some of the students have heard me say throughout the week, this student-organized conference is-unless Google is withholding information from us-the most comprehensive look at the legal, political, economic and security issues facing Iraq and Afghanistan on any university campus worldwide. We are particularly honored that the University of Georgia will be hosting the discussion today. The Georgia Journal of International and Comparative Law will be publishing the proceedings of the conference this fall. To make sure we do not miss one word, C-SPAN, CNN, and ABC have graciously offered their help to cover part of the proceedings today.
The Effort to Establish Market Democracies in Iraq and Afghanistan." I want to begin the morning ... more The Effort to Establish Market Democracies in Iraq and Afghanistan." I want to begin the morning by extending a warm Southern welcome to our distinguished panelists who have traveled here from so far away to take part in this event. I would also like to give a special welcome to Dr. Andreas Zimmer, of the German Consulate General in Atlanta. We are delighted to host all of you here in Athens on this lovely spring day. We appreciate your interest. As some of the students have heard me say throughout the week, this student-organized conference is-unless Google is withholding information from us-the most comprehensive look at the legal, political, economic and security issues facing Iraq and Afghanistan on any university campus worldwide. We are particularly honored that the University of Georgia will be hosting the discussion today. The Georgia Journal of International and Comparative Law will be publishing the proceedings of the conference this fall. To make sure we do not miss one word, C-SPAN, CNN, and ABC have graciously offered their help to cover part of the proceedings today.
This notable conference on compelling issues regarding opening up the transatlantic air transport... more This notable conference on compelling issues regarding opening up the transatlantic air transport market was a cooperative effort of The Dean Rusk Center—International, Comparative and Graduate Legal Studies at the University of Georgia School of Law, the Institute for European Studies at Vrije Universiteit Brussel, Brussels, Belgium, and the Institute of Continuing Legal Education in Georgia. Charles Hunnicutt, Robins, Kaplan,
proximity to downtown Athens are some of the special things we all hold dear. At the same time, m... more proximity to downtown Athens are some of the special things we all hold dear. At the same time, most of our facilities have not changed since 1967. Today's law students are in classrooms which look just the same as when some of their parents were students-the same desks, the same chairs, and the same blackboards. Frankly, our law school has become much like that Columbia bungalow-it's a "fixer-upper."
It is economic reality that pecuniary value is inherent in publicity.' Public figures often under... more It is economic reality that pecuniary value is inherent in publicity.' Public figures often undertake endorsements, franchise operations, and other business ventures because their names will transfer goodwill to products and services.' The widespread practice of purchasing rights to use an individual's name, likeness, distinctive personality attributes, style, or characterizations to promote a product or attract an audience is evidence that such publicity interests have pecuniary value.' Individuals have legitimate proprietary claims to their publicity interests. 4 In many cases, the elements of a person's public personality become valuable only after the investment of considerable time, effort, skill and perhaps money. 5 People often want to prevent the reproduction, promotion or other use of their publicity interests without authorization and remuneration. 6 Since the latter part of the nineteenth century, various courts have indicated that publicity interests constitute a distinct kind of property
Architecture is the most commonly experienced and pervasive of all the arts. The creative efforts... more Architecture is the most commonly experienced and pervasive of all the arts. The creative efforts of architects culminate in structures used for shelter, pleasure, business, entertainment, and transportation. 1 Architects express their design concepts in sketches, elevations, floor plans, working drawings, specifications, renditions, and three-dimensional models. 2 Their labors in shaping the ideas for a building from rough conceptions into plans and then into completed structures are similar to the efforts of other creators. An architect is as much an author as is a sculptor or a dramatist. His plans, renditions, and the resulting structure will ordinarily show originality and will reflect his personality. As Justice Holmes stated, "Personality always contains something unique. It expresses its singularity even in handwriting, and a very modest grade of art has in it something irreducible, which is one man's alone. That something he may copyright
The Georgia Supreme Court and Court of Appeals have long accepted the General Assembly's authorit... more The Georgia Supreme Court and Court of Appeals have long accepted the General Assembly's authority to enact legislation that establishes administrative agencies and empowers those agencies to promulgate rules and regulations to implement their enabling statutes. 1 In addition, the Georgia Constitution provides that the General Assembly may authorize agencies to exercise quasi-judicial powers. 2 Administrative agencies with broad powers enjoy a secure position under Georgia law. 3 Like federal and state administrative agencies throughout the nation, Georgia's many boards, commissions and authorities make policy when they apply their governing statutes in promulgating regulations of general applicability, 4 and in ruling on specific matters like granting or denying an application for a permit or determining the residency of a candidate for public office. 5 Sometimes the governing statutes are clear, but sometimes there is ambiguity. When there is ambiguity in its governing statute, the agency must interpret that legislation when it promulgates regulations or decides a particular contested matter. 6 This article asks and answers the question of what deference,