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Articles 1 - 30 of 5748
Full-Text Articles in Entire DC Network
Abortion, Citizenship, And The Right To Travel, Rebecca E. Zietlow
Abortion, Citizenship, And The Right To Travel, Rebecca E. Zietlow
Employee Rights and Employment Policy Journal
This article considers the changed landscape for abortion rights since the United States Supreme Court’s opinion in Dobbs v. Jackson Women’s Health. Before Dobbs, the right to choose an abortion was a fundamental right under federal law, enforceable against all state governments. After Dobbs, the scope of one’s right to choose an abortion depends on the state in which one lives, and if abortion is illegal in their home state, their right to travel to another state where abortion is legal. The right to travel is particularly important for workers who must live in an anti-abortion state because their …
Labor Law's Impact On The Post-Dobbs Workplace, Jeffrey M. Hirsch
Labor Law's Impact On The Post-Dobbs Workplace, Jeffrey M. Hirsch
Employee Rights and Employment Policy Journal
The Supreme Court’s Dobbs decision has left many workers, especially in states with restrictive abortion-related laws, in a precarious position. Labor laws and unions, however, provide one avenue for providing these workers with more protections. Unions can demand bargaining to protect or expand health care, leave, and other terms of employment that give workers with means to obtain abortion-related care. Unions can also provide members legal defense and other support if they face prosecutions. Additionally, both union and non-union workers who make up the vast majority of workers in states with restrictive laws may have labor law protection for discussing …
The Evolving Scope Of Ipr Estoppel As Applied To System And Product Prior Art, Michael Rueckheim, Richard Jung
The Evolving Scope Of Ipr Estoppel As Applied To System And Product Prior Art, Michael Rueckheim, Richard Jung
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Consider The Grecian Urn: Why Prior Art Has No Place In Analyzing Substantial Similarity Under The Copyright Act, Steven T. Lowe, Scott Alan Burroughs
Consider The Grecian Urn: Why Prior Art Has No Place In Analyzing Substantial Similarity Under The Copyright Act, Steven T. Lowe, Scott Alan Burroughs
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The Ethics Of Patents In The Medical Field: An Analysis Of Drug And Pharmaceutical Patents And Their Enforcement In The U.S. And France, Andrew Slutsky
The Ethics Of Patents In The Medical Field: An Analysis Of Drug And Pharmaceutical Patents And Their Enforcement In The U.S. And France, Andrew Slutsky
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Ipr Estoppel And A Search For The Skilled Searcher Standard, Gabriel Steinberg
Ipr Estoppel And A Search For The Skilled Searcher Standard, Gabriel Steinberg
Chicago-Kent Journal of Intellectual Property
Interpretation of post-AIA IPR estoppel, codified in U.S.C. § 315(e)(2), is an issue at the forefront of patent litigation and plays an important role in the litigation process and strategy. The Federal Cir-cuit’s April 2023 ruling in Ironburg Inventions Ltd. v. Valve Corp., adopted the “skilled searcher standard” and provided some clarity re-garding the meaning of the § 315(e)(2) language, “reasonably could have raised.” While Ironburg did hold that prior art which “reasonably could have been raised” is that which “a skilled searcher conducting a diligent search reasonably would have been expected to discover,” questions pertaining to what exactly is …
Iconic Copiestm, Felicia Caponigri
Iconic Copiestm, Felicia Caponigri
Chicago-Kent Journal of Intellectual Property
There is a word that is prevalent today in marketing campaigns, ed-itorials, and our everyday language: iconic. “Iconic” is not only preva-lent as a word in everyday life. Iconic can also have legal significance. As I introduce in this article, the concept of iconic and its use by brands in trademark registrations, oppositions, and litigation has significant and underappreciated consequences under the law. There has yet been no study on the word “iconic” or the legal significance of iconic, de-spite the word’s creeping use in legal filings and claims. My article fills this gap by introducing the concept of iconic …
Review Of Patent Owner Estoppel Under 37 C.F.R. § 42.73(D), Daniel Sloan, Sarah Geers, Jack Graves, Sabrina Bellantoni, Matt Johnson
Review Of Patent Owner Estoppel Under 37 C.F.R. § 42.73(D), Daniel Sloan, Sarah Geers, Jack Graves, Sabrina Bellantoni, Matt Johnson
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, Brandon R. Magner
Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, Brandon R. Magner
Employee Rights and Employment Policy Journal
The National Labor Relations Act’s (NLRA) well-documented weaknesses in substance and enforcement, combined with legislators’ inability to adapt the Act to the modern economy, have understandably created many cynics in the field of labor law. For several decades, legal scholars have almost unanimously derided the NLRA and the agency which administers it, the National Labor Relations Board (NLRB), for failing to prevent rampant anti-union conduct by employers and the collapse of the union formation process through the Board’s election machinery. This “ossification” of the law, as it has come to be known, is considered to be a key contributor to …
Vol. 40, Jenny Lee
Vol. 40, Jenny Lee
The Illinois Public Employee Relations Report
Students for Fair Admissions: A New Standard for Race-Conscious Affirmative Action
By Jenny Lee
Copyright, Chicago-Kent Law Revew
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick
Chicago-Kent Law Review
No abstract provided.
Judges, Lawyers, And Willing Jurors: A Tale Of Two Jury Selections, Barbara O'Brien, Catherine M. Grosso
Judges, Lawyers, And Willing Jurors: A Tale Of Two Jury Selections, Barbara O'Brien, Catherine M. Grosso
Chicago-Kent Law Review
No abstract provided.
Race, Peremptory Challenges, And State Courts: A Blueprint For Change, Nancy S. Marder
Race, Peremptory Challenges, And State Courts: A Blueprint For Change, Nancy S. Marder
Chicago-Kent Law Review
No abstract provided.
Lay Participation Reform In China: Opportunities And Challenges, Zhiyuan Guo
Lay Participation Reform In China: Opportunities And Challenges, Zhiyuan Guo
Chicago-Kent Law Review
No abstract provided.
The Arrival Of The Civil Jury In Argentina: The Case Of Chaco, Shari S. Diamond, Valarie P. Hans, Natali Chizik, Andres Harfuch
The Arrival Of The Civil Jury In Argentina: The Case Of Chaco, Shari S. Diamond, Valarie P. Hans, Natali Chizik, Andres Harfuch
Chicago-Kent Law Review
No abstract provided.
The Hybridization Of Lay Courts: From Colombia To England And Wales, Jeremy Boulanger-Bonnelly
The Hybridization Of Lay Courts: From Colombia To England And Wales, Jeremy Boulanger-Bonnelly
Chicago-Kent Law Review
No abstract provided.
Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans
Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans
Chicago-Kent Law Review
No abstract provided.
Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait
Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait
Chicago-Kent Law Review
No abstract provided.
Balancing The Scales: Analyzing Motivation To Combine And Avoiding Impermissible Hindsight In 2023, Michael Pomeroy
Balancing The Scales: Analyzing Motivation To Combine And Avoiding Impermissible Hindsight In 2023, Michael Pomeroy
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Motions To Submit Supplemental Information: An Infrequently Utilized Procedure, Matthew Johnson, Ashvi Patel
Motions To Submit Supplemental Information: An Infrequently Utilized Procedure, Matthew Johnson, Ashvi Patel
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Jack Daniel’S Properties V. Vip Products And The Current State Of Trademark Fair Use, Christine Haight Farley
Jack Daniel’S Properties V. Vip Products And The Current State Of Trademark Fair Use, Christine Haight Farley
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Enablement For Genus Claims: A Bifurcated Approach, Jie Yang
Enablement For Genus Claims: A Bifurcated Approach, Jie Yang
Chicago-Kent Journal of Intellectual Property
Abstract After two jury trials, two trips to the Federal Circuit, and two petitions to the Supreme Court, the Court this past term decided Amgen Inc. v. Sanofi without much controversy. In a unanimous decision, the Court affirmed the invalidation of Amgen’s functional antibody claims for lack of enablement. As a result, inventors down the road, not just life sciences companies, may find it more difficult to obtain broad patents. Although the Court was clear that Amgen may not “monopolize an entire class of things defined by their function,” the opinion fell short of guiding lower courts on how to …
Exploring The Role Of Patent Offices In Climate Change Mitigation, Johanna Rahnasto
Exploring The Role Of Patent Offices In Climate Change Mitigation, Johanna Rahnasto
Chicago-Kent Journal of Intellectual Property
Patent offices are developing new programs to help in climate change mit- igation. What can they deliver? This Article provides a contemporary overview of the different green technology initiatives promoted by patent offices: fast- tracking of patent applications, search platforms, applicant resources, and publicity and awareness programs. The Article concludes that special treat- ment of green technology is fair and administrable when programs are openly accessible but narrowly tailored. The most tangible effect of these initiatives is the increased control by the patentee over the patenting and commercialization process, which is valuable even when effects of these programs on technology …
Surveys In Jack Daniel’S V. Vip, Shari Seidman Diamond
Surveys In Jack Daniel’S V. Vip, Shari Seidman Diamond
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Trypanophobia: The Scary World Of Tattoos And The Law, Dalton Primeaux
Trypanophobia: The Scary World Of Tattoos And The Law, Dalton Primeaux
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Reading Trademark Tea-Leaves At The Supreme Court, Graeme B. Dinwoodie
Reading Trademark Tea-Leaves At The Supreme Court, Graeme B. Dinwoodie
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Some Thoughts On Warhol And The Future Of Transformative Works, Zvi S. Rosen
Some Thoughts On Warhol And The Future Of Transformative Works, Zvi S. Rosen
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Written Statement: Andy Warhol Foundation For The Visual Arts, Inc. V. Goldsmith, Yolanda M. King
Written Statement: Andy Warhol Foundation For The Visual Arts, Inc. V. Goldsmith, Yolanda M. King
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The Death Of The Litmus Test, Dale Cendali, Abbey Quigley
The Death Of The Litmus Test, Dale Cendali, Abbey Quigley
Chicago-Kent Journal of Intellectual Property
No abstract provided.