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Articles 1 - 30 of 52
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Biotech Biofuels: How Patents May Save Biofuels And Create Empires, Adam Wolek
Biotech Biofuels: How Patents May Save Biofuels And Create Empires, Adam Wolek
Chicago-Kent Law Review
The United States' primary transportation energy sources are fossil fuels, namely, gasoline and diesel. These products have high environmental, security, and financial costs. A strong emphasis has been placed on biofuels, especially ethanol and biodiesel, to lessen reliance on fossil fuels. Historically, high production costs, lack of infrastructure, return on investment anxieties, and concerns about scaling-up production have slowed the development of these alternative technologies. Today, biotechnological solutions are lowering productions costs and making large scale production more economically feasible. Patents can lessen anxieties about investment as they can provide longer-term protection and market exclusivity for patented technologies. As biofuels …
Denied And Disparaged: Applying The Federalist Ninth Amendment, Seth Rokosky
Denied And Disparaged: Applying The Federalist Ninth Amendment, Seth Rokosky
University of Pennsylvania Law Review
No abstract provided.
Kicking "Single-Entity" To The Sidelines: Reevaluating The Competitive Reality Of Major League Soccer After American Needle And The 2010 Collective Bargaining Agreement, Matthew J. Jakobsze
Kicking "Single-Entity" To The Sidelines: Reevaluating The Competitive Reality Of Major League Soccer After American Needle And The 2010 Collective Bargaining Agreement, Matthew J. Jakobsze
Northern Illinois University Law Review
The negotiation of the 2010 Collective Bargaining Agreement brought tense times for professional soccer in the United States. The Major League Soccer Players’ Union sought free agency as a part of the 2010 CBA, a term that would have brought considerable relief from the restrictions imposed through Major League Soccer’s centralized contracting system. In a steadfast effort to retain control, minimize labor costs, and avoid antitrust liability, Major League Soccer refused to yield to the players’ demands. As a result, the parties reached impasse. Devoid of decertification as an option to expose the teams to antitrust scrutiny, the players threatened …
Considerations For Professional Sports Teams Contemplating Going Public, Bryan A. Green, Jorge E. Leal Garrett
Considerations For Professional Sports Teams Contemplating Going Public, Bryan A. Green, Jorge E. Leal Garrett
Northern Illinois University Law Review
The recent and lingering recession has put a significant financial strain on many industries and businesses in the United States, especially professional sports teams. While professional sports teams may not be the most profitable investment to begin with, owners must still keep them as financially sound as possible. This is especially true in these tough financial times. Going public provides the opportunity to raise capital rapidly and thus cannot be overlooked. Having sufficient capital resources is not just important from a business aspect, but is also necessary from a competitive standpoint. As a result, many teams must explore every avenue …
Misreading Knight, Josh Hess
Misreading Knight, Josh Hess
Northern Illinois University Law Review
This article provides an explanation to an as-yet unresolved historical anomaly: The government's 1911 decision to prosecute U.S. Steel under the Sherman Antitrust Act. The government filed suit in the face of clearly hostile precedent. In 1895's United States v. E.C. Knight, a landmark decision, the Supreme Court held that the Sherman Act could not reach large manufacturing combinations simply by virtue of their size. In the course of providing an explanation, this article examines contemporary legal scholarship and comes to the surprising conclusion that Progressive Era legal scholars believed E.C. Knight had been overruled by 1911. This fact has …
The Law Of Citations And Seriatim Opinions: Were The Ancient Romans And The Early Supreme Court On The Right Track?, Joshua M. Austin
The Law Of Citations And Seriatim Opinions: Were The Ancient Romans And The Early Supreme Court On The Right Track?, Joshua M. Austin
Northern Illinois University Law Review
This article explores the oft forgotten and somewhat misunderstood ancient Roman law methodology known as the Lex Citandi, or Law of Citations. The Law of Citations was a relatively simple theory in which authority was given to the writings of five key jurists from the classical period of Roman law, and the majority won the day. Thus, in a way, the method of separate opinions was born. It was a theory revisited by our Supreme Court in its early days through seriatim, or separate, opinions; and perhaps still seen today in the modern day Supreme Court's concurrences and dissents. This …
Torture, Inc.: Corporate Liability Under The Torture Victim Protection Act, Emily M. Martin
Torture, Inc.: Corporate Liability Under The Torture Victim Protection Act, Emily M. Martin
Northern Illinois University Law Review
The Torture Victim Protection Act (TVPA) was passed by Congress to provide a modern cause of action for victims of torture around the world. The TVPA allows victims anywhere to bring suit in the Untied States for torture committed abroad by foreign nationals. Currently, there is a split in the circuits over whether the TVPA can be used to hold corporations liable for use of torture. This Comment takes the position that the TVPA can and should be applied to corporations in order to be consistent with the Act's legislative history and to fill dangerous gaps in governance over multinational …
Clarifying Murky Mers: Does Mortgage Electronic Registration Systems, Inc., Have Authority To Assign The Mortgage Note In A Standard Illinois Foreclosure Action?, Kevin M. Hudspeth
Clarifying Murky Mers: Does Mortgage Electronic Registration Systems, Inc., Have Authority To Assign The Mortgage Note In A Standard Illinois Foreclosure Action?, Kevin M. Hudspeth
Northern Illinois University Law Review
As the number of mortgage foreclosure actions has substantially increased over recent years, legal scrutiny of the mortgage foreclosure process has likewise increased. The question of whether a little known corporation called Mortgage Electronic Registration Systems, Incorporated (MERS) has authority to assign the promissory note secured by a mortgage has become an important question faced by courts in recent months and years. Due to the frequency with which mortgage notes are traded on the secondary mortgage market, the plaintiff in a mortgage foreclosure action is rarely the same party who originated the loan. Under Illinois law, the party entitled to …
The Need For Rational Boundaries In Civil Conspiracy Claims, Mark A. Behrens, Christopher E. Appel
The Need For Rational Boundaries In Civil Conspiracy Claims, Mark A. Behrens, Christopher E. Appel
Northern Illinois University Law Review
Recently, the tort of civil conspiracy has become a favored weapon of plaintiffs' lawyers in mass tort product liability litigation involving asbestos, breast implants, tobacco, automotive tires and other products, as well as in toxic tort cases. Civil conspiracy claims are often asserted by plaintiffs to allege the liability of peripheral defendants based on their associations with the party primarily responsible for the allegedly injurious product—the manufacturer—such as through membership in a relevant industry or trade association. These claims also fit into a broader pattern of plaintiffs' attorneys seeking to extend concepts of vicarious liability, even to implicate entire industries. …
Vol. 31, No. 1, Fall 2010: Table Of Contents And Masthead, Northern Illinois University Law Review
Vol. 31, No. 1, Fall 2010: Table Of Contents And Masthead, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Neutralizing Actual Controversy: How Patent Holders Can Reduce The Risk Of Declaratory Judgment In Patent Disputes, Homer Yan-Hsien Hsu
Neutralizing Actual Controversy: How Patent Holders Can Reduce The Risk Of Declaratory Judgment In Patent Disputes, Homer Yan-Hsien Hsu
Washington Journal of Law, Technology & Arts
Alleged patent infringers may bring declaratory judgment actions against patentees when actual controversies exist over infringement or validity. Such declaratory judgment actions are important strategic tools because they allow alleged infringers to take initiative and bring actions, thereby eliminating the risk of doing business without knowing whether continued product use would constitute infringement. Declaratory judgment actions also provide alleged infringers an opportunity to choose the forum in which to bring their suits. In order to bring such an action, however, there must be an actual controversy between the parties to establish standing. The United States Supreme Court’s 2007 decision in …
Death Of The Spam Wrangler: Can-Spam Private Plaintiffs Required To Show Actual Harm, Susuk Lim
Death Of The Spam Wrangler: Can-Spam Private Plaintiffs Required To Show Actual Harm, Susuk Lim
Washington Journal of Law, Technology & Arts
In Gordon v. Virtumundo, the United States Court of Appeals for the Ninth Circuit published its first opinion on private plaintiff standing requirements for actions under the federal CAN-SPAM Act. The court strictly interpreted CAN-SPAM’s enforcement language, rejecting attempts by professional litigants to insert themselves into CAN-SPAM’s limited private right of action. This Article analyzes Gordon’s treatment of CAN-SPAM’s private right of action and federal preemption provisions. It concludes by assessing the decision’s expected effect on future spam-related litigation.
Inducement Or Solicitation? Competing Interpretation Of The "Underlying Illegality" Test In The Wake Of Roommates.Com, Jeffrey R. Doty
Inducement Or Solicitation? Competing Interpretation Of The "Underlying Illegality" Test In The Wake Of Roommates.Com, Jeffrey R. Doty
Washington Journal of Law, Technology & Arts
In Fair Housing Council of San Fernando Valley v. Roommates.com, the United States Court of Appeals for the Ninth Circuit held that a Web site operator loses the immunity granted by section 230 of the Communications Decency Act by materially contributing to the alleged illegality of its third-party content. Subsequent case law seems to reflect two different standards for determining when this “underlying illegality” test is satisfied. Most courts have adopted a narrow reading of Roommates.com, denying immunity only when a Web site has explicitly requested illegal content. In NPS LLC v. StubHub, Inc., however, a Massachusetts …
Outsider Hacking And Insider Trading: The Expansion Of Liability Absent A Fiduciary Duty, James A. Jones Ii
Outsider Hacking And Insider Trading: The Expansion Of Liability Absent A Fiduciary Duty, James A. Jones Ii
Washington Journal of Law, Technology & Arts
In January 2008, the United States District Court for the Southern District of New York held that trading put options of a company’s stock based on inside information allegedly obtained by hacking into a computer network did not violate antifraud provisions of federal securities law. The court ruled that the defendant’s alleged “hacking and trading” did not amount to a violation of section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, promulgated thereunder, because there was no proof the hacker breached a fiduciary duty in obtaining the information. The United States Court of Appeals for the Second …
Location Surveillance By Gps: Balancing An Employer's Business Interest With Employee Privacy, Kendra Rosenberg
Location Surveillance By Gps: Balancing An Employer's Business Interest With Employee Privacy, Kendra Rosenberg
Washington Journal of Law, Technology & Arts
Employers are increasingly using GPS tracking devices as business tools to monitor employee movements. Recent judicial decisions have found an employer’s interest in using location surveillance on employer-owned property generally trumps an employee’s privacy interests. However, employers deciding to use GPS should be aware of the potential limitations on tracking an employee based on state constitutional, statutory, and common law rights to privacy. This Article focuses on the permissible scope of an employer’s use of GPS to track employees in the workplace.
Competition Policy And Consumer Protection Policy In Jordan, Hetham Hani Abu Karky
Competition Policy And Consumer Protection Policy In Jordan, Hetham Hani Abu Karky
Penn State International Law Review
No abstract provided.
Can A Computer Read A Doctor's Mind? Whether Using Data Mining As Proof In Healthcare Fraud Cases Is Consistent With The Law Of Evidence, Colin Caffrey
Northern Illinois University Law Review
Healthcare fraud is a growing problem in the United States. Data mining is increasingly being used to combat it. After briefly explaining data mining, this article analyzes whether evidence obtained by data mining is admissible in court under the laws of evidence. It then examines the issue under both the Federal Rules of Evidence and the common law. This article focuses on three key questions: (1) Whether the use of prior acts by practitioners is proper under the law of evidence? (2) Is testimony based on data mining proper expert testimony? and (3) Does the methodology of data mining satisfy …
Law Library Annual Report 2009-2010, Georgia State University Law Library
Law Library Annual Report 2009-2010, Georgia State University Law Library
Law Library Annual Reports
No abstract provided.
Communications Decency Act Provides No Safe Harbor Against Antifraud Liability For Hyperlinks To Third-Party Content Under The Securities And Exchange Act, Sheri Wardwell
Washington Journal of Law, Technology & Arts
In 2008, the U.S. Securities and Exchange Commission (SEC) released interpretive guidelines regarding antifraud liability for statements and disclosures made on company Web sites. The SEC noted that a company may incur both criminal and civil liability under section 10(b) of the Securities Exchange Act and Rule 10b-5 for hyperlinks to third-party content. However, the Communications Decency Act, 47 U.S.C. § 230(c), expressly preempts civil liability for interactive computer service providers that post hyperlinks to third-party content on their Web sites. This Article examines whether section 230 immunizes companies from civil liability for hyperlinks to third-party content despite the SEC’s …
A Discussion Of The Seventh Circuit's Electronic Discovery Pilot Program And Its Impact On Early Case Assessment, Tina B. Solis
A Discussion Of The Seventh Circuit's Electronic Discovery Pilot Program And Its Impact On Early Case Assessment, Tina B. Solis
Northern Illinois University Law Review
In response to the skyrocketing costs of electronic discovery, the Seventh Circuit Court of Appeals Electronic Discovery Committee has enacted a pilot program called the Principles Relating to the Discovery of Electronically Stored Information ("Principles"). The Principles' purpose is to reduce the burden and cost of discovery in litigation brought on primarily by the use of electronic stored information in today's world. The Principles emphasize cooperation and proportionality. As a result, counsel and their clients must not only understand the identity and location of a client's ESI prior to the initial status conference but also meet and confer with opposing …
Stevens V. Publicis: The Rise Of "No E-Mail Modification" Clauses?, Stephanie Holmes
Stevens V. Publicis: The Rise Of "No E-Mail Modification" Clauses?, Stephanie Holmes
Washington Journal of Law, Technology & Arts
E-mails occupy an ambiguous space between informal oral conversation and formal written documents. Their legal significance in contract modification is, however, becoming increasingly clear. In April 2008, the Supreme Court of New York, Appellate Division, decided Stevens v. Publicis, S.A. and in the process, raised the legal status of e-mail exchanges in the context of contract modification. Before Stevens v. Publicis, S.A., an e-mail could constitute a “signed writing” under New York law, thus satisfying the statute of frauds. An e-mail exchange could also amend a contract if, for instance, it had been validated by the parties’ reliance on …
Walking From Cloud To Cloud: The Portability Issue In Cloud Computing, Robert H. Carpenter Jr.
Walking From Cloud To Cloud: The Portability Issue In Cloud Computing, Robert H. Carpenter Jr.
Washington Journal of Law, Technology & Arts
Cloud computing has become popular among businesses that see information technology as outside their core competencies, demand a highly flexible computing environment, and seek to achieve more predictable costs. In some ways, cloud computing resembles IT outsourcing arrangements used in the financial services industry for many years; therefore lessons from financial services IT outsourcing agreements may prove helpful to parties interested in adopting cloud computing. This article considers the use of “data hostage” clauses in combination with arbitration or litigation clauses by service providers and the problems these clauses can cause outsourcing businesses. These two clauses together can insulate service …
Trusting The Machines: New York State Bar Ethics Opinion Allows Attorneys To Use Gmail, Kevin Raudebaugh
Trusting The Machines: New York State Bar Ethics Opinion Allows Attorneys To Use Gmail, Kevin Raudebaugh
Washington Journal of Law, Technology & Arts
Information technology is evolving at an unprecedented rate; new forms of communication appear so often that it is difficult to keep track of them all. This presents a difficult problem for attorneys, who must carefully consider whether using new technology to communicate with clients is consistent with the duty of confidentiality. Google’s Gmail scans the content of e-mails to generate targeted advertising, a controversial practice that raises questions about whether its users have a reasonable expectation of privacy. The New York Bar responded to this issue in Opinion 820, which states that using an e-mail provider that scans the e-mail …
Arbitration Nation: Wireless Service Providers And Class Action Waivers, Alexander J. Casey
Arbitration Nation: Wireless Service Providers And Class Action Waivers, Alexander J. Casey
Washington Journal of Law, Technology & Arts
State consumer protection laws protect the public against unfair and deceptive trade practices. Plaintiffs seeking to invoke such consumer protection laws often bring class action suits to vindicate their rights. However, some jurisdictions have recently shown a willingness to enforce contract arbitration clauses that contain class action waivers. Such waivers prevent consumers from invoking class action status, and may also prevent them from enforcing relevant state consumer protection laws. Other courts, by contrast, have held that service contracts containing class action waivers violate relevant state consumer protection laws and are against public policy. Yet another group of courts facing the …
Mobile Marketing Derailed: How Curbing Cell-Phone Spam In Satterfield V. Simon & Schuster May Have Banned Text-Message Advertising, Gareth S. Lacy
Mobile Marketing Derailed: How Curbing Cell-Phone Spam In Satterfield V. Simon & Schuster May Have Banned Text-Message Advertising, Gareth S. Lacy
Washington Journal of Law, Technology & Arts
The risk of receiving cell-phone spam—in the form of unsolicited text messages—grows as advertisers increasingly target cell-phone users. The Telephone Consumer Protection Act of 1991 (TCPA) clearly prohibits unsolicited telephone calls made by an automated telephone dialing system (ATDS) without the recipient’s express prior consent. But until the Ninth Circuit’s decision in Satterfield v. Simon & Schuster, it was unclear how TCPA applied to text messages. Simon & Schuster argued their text messages were not “calls” under the TCPA and were not sent by an ATDS. The Ninth Circuit disagreed and held a text message is a “call.” The …
At Issue Waiver Of The Attorney-Client Privilege In Illinois: An Exception In Need Of A Standard, Kevin Bennardo
At Issue Waiver Of The Attorney-Client Privilege In Illinois: An Exception In Need Of A Standard, Kevin Bennardo
Northern Illinois University Law Review
This essay analyzes the "at issue" exception to the attorney-client privilege and suggests the adoption of a specified standardized test for finding the exception in Illinois. In general terms, at issue waiver of the attorney-client privilege occurs when a party pleads a claim or defense that places at issue the subject matter of privileged material over which she has control. Throughout the years, United States jurisdictions have employed four approaches for testing the application of the at issue exception, although recently the focus has been on two primary tests (the Hearn test and the anticipatory waiver test). Illinois courts have …
Getting Ready To Settle: The Exclusion Of Settled Defendants And Ready V. United/Goedecke Services, Inc.'S Impact Upon Statutory Interpretation In Illinois, Jason Meares
Northern Illinois University Law Review
In Ready v. United/Goedecke Services, Inc., the Illinois Supreme Court held that settled defendants are not to be considered when apportioning liability between parties to a suit. In so holding, the court manipulated several tenets of statutory construction in novel ways. This Note analyzes the court's reasoning, the practical implications of the decision for plaintiffs and defendants, as well as the uncertain future of statutory interpretation in Illinois courts.
How The Lack Of Prescriptive Technical Granularity In Hipaa Has Compromised Patient Privacy, Tim Wafa
How The Lack Of Prescriptive Technical Granularity In Hipaa Has Compromised Patient Privacy, Tim Wafa
Northern Illinois University Law Review
This article argues that HIPAA legislation has a severe flaw within its architecture, which has compromised patient privacy. Although the drafters of the legislation recognized the importance of providing comprehensive federal legislation to improve regulatory uniformity amongst states, they failed to recognize the importance highly specific ("granular") technical requirements play in facilitating improved privacy for patients. HIPAA rules surrounding technology implementation give too much latitude to covered entities, and as a result, provide inadequate protection to protected health information. HIPAA rules should be amended to mandate baseline technical ("granular") standards to ensure uniform efficacy in the safeguarding of protected health …
Vehicle Search Incident To A Lawful Arrest: The New Two-Part Rule From Arizona V. Gant Misses The Mark, Alexander J. Geocaris
Vehicle Search Incident To A Lawful Arrest: The New Two-Part Rule From Arizona V. Gant Misses The Mark, Alexander J. Geocaris
Northern Illinois University Law Review
This Note examines the recent Supreme Court decision of Arizona v. Gant and how it affects a vehicle search incident to a lawful arrest exception to the Fourth Amendment's warrant requirement. The rationales for a search incident to a lawful arrest were established by Chimel v. California to search the reachable area of an arrestee for an officer's safety and to prevent the destruction of evidence. In New York v. Belton, the Supreme Court established a bright-line rule that officers may search the passenger compartment of a vehicle as incident to a lawful arrest since the Court found that Chimel …
Vol. 30, No. 3, Summer 2010: Table Of Contents, Northern Illinois University Law Review
Vol. 30, No. 3, Summer 2010: Table Of Contents, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.