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Articles 1 - 30 of 64
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Vol. 3 No. 1, Fall 2011; “If You Could Say It In Words, There’D Be No Reason To Paint”: Recovering Beloved Works Of Art Through Civil Forfeiture, Patricia Ruiz
Northern Illinois Law Review Supplement
This Comment analyzes the benefits of the use of civil forfeiture on pieces of art and cultural property looted by the Nazi party during World War II. This Comment begins by discussing the barriers to repossession that claimants face in seeking traditional civil and criminal remedies. Then, this Comment explains the civil forfeiture process and how it applies to situations of Nazi-looted art. Finally, this Comment argues that civil forfeiture offers the best protection of original owners' rights by discussing the benefits of civil forfeiture proceedings, the due process objections against the use of civil forfeiture on Nazi-looted art, and …
Vol. 3 No. 1, Fall 2011; The Fcc's Net Neutrality Rules And Mobile Networks: Who Really Rules The Air?, Joseph Pumilia
Vol. 3 No. 1, Fall 2011; The Fcc's Net Neutrality Rules And Mobile Networks: Who Really Rules The Air?, Joseph Pumilia
Northern Illinois Law Review Supplement
The Internet has become an essential part of almost every American's life. The livelihood of many people and business are tied directly to the availability of the Internet. The Internet gives small businesses access to a market that allows them to reach customers all around the world. Many of these businesses have survived only because they are able to reach markets outside of their geographical area. More importantly, the Internet has become the primary platform for the expression and dissemination of ideas. Using the Internet, literally anyone can express themselves while reaching an audience that is unparalleled by any other …
Vol. 3 No. 1, Fall 2011; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 3 No. 1, Fall 2011; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Northern Illinois Law Review Supplement
No abstract provided.
Implementing Bepress' Digital Commons Institutional Repository Solution: Two Views From The Trenches, Carol A. Watson, James M. Donovan, Pamela Bluh
Implementing Bepress' Digital Commons Institutional Repository Solution: Two Views From The Trenches, Carol A. Watson, James M. Donovan, Pamela Bluh
Carol A. Watson
Librarians from the University of Georgia Law Library and University of Maryland Law Library will discuss their experiences implementing Digital Commons' institutional repository product. Issues to be considered includes... - Creating a business plan to persuade law school administrators to establish an institutional repository -- how to justify the expenditure, distinguishing Digital Commons from SSRN, choosing Digital Commons rather than an open source solution - Obtaining content for the repository -- promoting the repository, building buy-in from contributors, establishing content policies, determining types of materials to be included in the repository, self-archiving versus mediated archiving - Copyright permissions -- appending …
A Pleading Problem: Seventh Circuit Decision In Swanson V. Citibank Illustrates The Unstable State Of Federal Pleading Standards In The Post-Iqbal Era, Trisha Chokshi
Northern Illinois University Law Review
Historically, courts have been a place where individuals could obtain justice and relief for their grievances. Ordinary people have used courts to desegregate schools, protect the environment, punish corporate misconduct, and preserve fundamental liberties. Citizen access to federal courts, however, has become much more difficult in recent years in the wake of two Supreme Court decisions: Bell Atlantic Corp. v. Twombly in 2001 and Ashcroft v. Iqbal in 2009, which raised the pleading standard a plaintiff must satisfy before her case can go to court. In civil litigation, a pleading serves as an individual’s key to the courthouse door. The …
Laws For Learning In An Age Of Acceleration, John O. Mcginnis
Laws For Learning In An Age Of Acceleration, John O. Mcginnis
William & Mary Law Review
No abstract provided.
Rules, Standards, And The Attorney-Client Privilege: When The Privilege Is "At-Issue" In The Discovery Rule Context, Kenneth Duvall
Rules, Standards, And The Attorney-Client Privilege: When The Privilege Is "At-Issue" In The Discovery Rule Context, Kenneth Duvall
Northern Illinois University Law Review
Ask a non-lawyer what the purpose of the judicial system is, and a popular answer would surely be to determine what happened between the parties. However, every attorney knows that the adversarial process is not as straight-forward as that, as many interests must be juggled by the judge as well as by the attorneys in the case. One of the interests that should be protected is the need for a legal mechanism within which clients can freely discuss their problems with their attorneys. This need is largely satisfied by the attorney-client privilege, which necessarily acts as one of the great …
The Age Of Impunity: Using The Duty To Extradite Or Prosecute And Universal Jurisdiction To End Impunity For Acts Of Terrorism Once And For All, Sarah Mazzochi
The Age Of Impunity: Using The Duty To Extradite Or Prosecute And Universal Jurisdiction To End Impunity For Acts Of Terrorism Once And For All, Sarah Mazzochi
Northern Illinois University Law Review
Impunity remains one of the greatest challenges facing international peace and security today. This article seeks to lay out possible changes to current international law that are necessary to combat impunity, particularly regarding the international crime of terrorism. Part II will lay out what terrorism is and the obstacles the international community faces in achieving a singular definition for the word. Part II will also discuss the different approaches various conventions have taken in defining terrorism and will propose a concise definition the international community may want to adopt. Part II will end with calling for terrorism to be included …
Vol. 32, No. 1, Fall 2011: Table Of Contents And Masthead, Northern Illinois University Law Review
Vol. 32, No. 1, Fall 2011: Table Of Contents And Masthead, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Is It Time To Shed A "Tier" For Four-Tier Prescription Drug Formularies? Specialty Drug Tiers May Violate Hipaa's Anti-Discrimination Provisions And Statutory Goals, Joseph J. Hylak-Reinholtz, Jay R. Naftzger
Is It Time To Shed A "Tier" For Four-Tier Prescription Drug Formularies? Specialty Drug Tiers May Violate Hipaa's Anti-Discrimination Provisions And Statutory Goals, Joseph J. Hylak-Reinholtz, Jay R. Naftzger
Northern Illinois University Law Review
This Article will analyze whether specialty drug tiers violate HIPAA. This is a question of first impression—no federal or state court decision provides an answer. Part II of this Article provides relevant background material. We begin with a discussion about the development of prescription drug coverage in the United States and the emergence of drug tiers as a cost-saving mechanism. In Part III of this Article, we begin with an historical overview of accepted discrimination and risk classification within insurance. Next, we discuss HIPAA's statutory language, legislative history, and key parts of the Final Rule implementing the law. We also …
Opening The Broom Closet: Recognizing The Religious Rights Of Wiccans, Witches, And Other Neo-Pagans, Bradford S. Stewart
Opening The Broom Closet: Recognizing The Religious Rights Of Wiccans, Witches, And Other Neo-Pagans, Bradford S. Stewart
Northern Illinois University Law Review
Religious freedom is a core component of our nation and one of the most widely known and accepted constitutional guarantees provided by the First Amendment. No prior civilization had adopted a national policy that tolerated various religious beliefs while simultaneously refusing to endorse or promote a national religion. Considering the fundamental backdrop of religious tolerance, it might seem unimaginable that a skilled medical technician could be fired from her job, an alleged victim of sexual abuse could have her credibility undermined in a court of law, or a mother could lose custody of her child, under the color of legality, …
Copyright Infringement Liability Of Placeshifting Services In The United States And Japan, Naoya Isoda
Copyright Infringement Liability Of Placeshifting Services In The United States And Japan, Naoya Isoda
Washington Journal of Law, Technology & Arts
Placeshifting is a convenient service that enables customers to enjoy television programs from their home countries even if they are in foreign countries. Placeshifting works by receiving/recording a television program in one country and then transmitting the digital data to customers everywhere in the world via the Internet upon each customer’s request. Because placeshifting may be involved with recording and/or transmitting copyrighted content, service providers must face the question whether they may be liable for copyright infringement. In the United States, the Second Circuit in Cartoon Network v. CSC Holdings decided the legality of placeshifting by requiring a “volition element” …
Cross-Border Contributory Patent Infringement In Germany, Heinz Goddar
Cross-Border Contributory Patent Infringement In Germany, Heinz Goddar
Washington Journal of Law, Technology & Arts
This Article examines recent German court decisions analyzing Section 10 of the German Patent Act (“PatG”), which governs cases of contributory patent infringement, focusing in particular on the implications of recent decisions on potential cross-border infringement. The Article offers recommendations on how judicial scrutiny of contributory infringement in Germany may be streamlined in light of potential evidentiary problems and concludes with a case study of how German courts might analyze a situation like that faced by the United States Court of Appeals for the Federal Circuit in AT&T v. Microsoft.
End User Liability For Sofware Developed With Trade Secrets, Jeff Patterson
End User Liability For Sofware Developed With Trade Secrets, Jeff Patterson
Washington Journal of Law, Technology & Arts
The National Conference of Commissioners on Uniform State Laws (NCCUSL) developed the Uniform Trade Secrets Act (UTSA) to unify the laws regulating the improper use of secret, economically advantageous information. However, consumers often procure software and other products without knowledge of any trade secrets used in the production of the products. Some companies have sought remedies against end users of products developed using trade secrets. But in Silvaco Data Systems v. Intel Corp., a California appeals court considering this issue in the software context held that execution of compiled object code, which is not easily interpreted by humans, is …
Juror Investigation: Is In-Courtroom Internet Research Going Too Far?, Duncan Stark
Juror Investigation: Is In-Courtroom Internet Research Going Too Far?, Duncan Stark
Washington Journal of Law, Technology & Arts
Lawyers traditionally have conducted research on potential jurors outside the courtroom as part of voir dire. But as wireless Internet access becomes ubiquitous, attorneys are increasingly likely to conduct juror research inside the courtroom, including during voir dire itself. In the August 2010 decision Carino v. Muenzen, a New Jersey appeals court held that a trial court judge erred when he told a lawyer to close his laptop during voir dire, reasoning that there was no disruption, no resulting prejudice, and no rule against researching jurors online during the proceeding. This Article examines the Carino decision and the issue …
Discovery Of Breathalyzer Source Code In Dui Prosecutions, Aurora J. Wilson
Discovery Of Breathalyzer Source Code In Dui Prosecutions, Aurora J. Wilson
Washington Journal of Law, Technology & Arts
In driving under the influence (DUI) cases, prosecutors habitually rely on the results from breathalyzer tests as proof of the defendant’s blood alcohol level at the time of arrest. In response, DUI defendants often attempt to compel discovery of the source code contained in the test device, which can reveal whether the breath test at issue was performed accurately. Despite the popularity of this strategy, nearly all states to consider the issue have denied the defendant’s motion for discovery of breathalyzer source code. The majority of courts construe state and federal rules of criminal procedure to limit discovery orders to …
Reconstruing Wto Legitimacy Debates, Michael Fakhri
Reconstruing Wto Legitimacy Debates, Michael Fakhri
Notre Dame Journal of International & Comparative Law
There is an emerging consensus that the WTO is in grave need of institutional redesign. For the last fifteen years, questions of WTO institutional reform have been framed as a matter of improving the WTO’s legitimacy. This Article suggests that thinking about WTO redesign as a matter of improving its legitimacy limits our ability to fundamentally appreciate what the WTO’s function and purpose is and conceptualize what it should be. It would be more useful to know what is exactly at stake and what have been the social, political, and economic implications of the legitimacy debate thus far. The legitimacy …
Copyrighting Shakespeare: Jacob Tonson, Eighteenth Century English Copyright And The Birth Of Shakespeare Scholarship, Jeffrey M. Gaba
Copyrighting Shakespeare: Jacob Tonson, Eighteenth Century English Copyright And The Birth Of Shakespeare Scholarship, Jeffrey M. Gaba
Jeffrey M. Gaba
In 1709, Jacob Tonson, the most significant publisher of his age, purchased the “copyright” to Shakespeare. Tonson and his family over the next fifty years went on to publish some of the most significant editions of the collected works of Shakespeare, edited by the likes of Nicholas Rowe, Alexander Pope and Samuel Johnson. In many ways, the Tonsons were responsible for the growth of Shakespeare’s popularity and the critical study of his work. This article discusses the significance of copyright to the Tonsons’ publication decisions. It suggests that the Tonson copyright did not significantly “encourage” their contributions to Shakespeare scholarship. …
Global Laws, Local Lives: Impact Of The New Regionalism On Human Rights Compliance, Stephen Joseph Powell, Patricia Camino Pérez
Global Laws, Local Lives: Impact Of The New Regionalism On Human Rights Compliance, Stephen Joseph Powell, Patricia Camino Pérez
Buffalo Human Rights Law Review
No abstract provided.
Law Library Annual Report 2010-2011, Georgia State University Law Library
Law Library Annual Report 2010-2011, Georgia State University Law Library
Law Library Annual Reports
No abstract provided.
Vol. 2 No. 2, Summer 2011; Misinterpreting The Child's Best Interests Standard: A Closer Look At In Re Marriage Of Guthrie And Illinois Child Removal Law, Devin Noble
Northern Illinois Law Review Supplement
In Illinois and throughout most of the United States, there are nearly half as many divorces in a given year as there are marriages. The divorce experience can become extremely complicated when children are involved. Illinois parents who receive sole custody of their children can move anywhere within the state without court approval, but must seek permission from the court to permanently remove a child from the state. Such petitions for removal should only be granted if the removal is in the best interests of the child. One important consideration in determining the best interests of any child is the …
Injunction Relief: Must Nonparty Websites Obey Court Orders To Remove User Content?, Connor Moran
Injunction Relief: Must Nonparty Websites Obey Court Orders To Remove User Content?, Connor Moran
Washington Journal of Law, Technology & Arts
Websites are normally immune to suits arising from illegal user-posted content due to 42 USC § 230. Victims of illegal postings must therefore bring suit, if at all, against the original posters. However, when websites refuse to take down illegal content, a suit against an original poster might not provide relief. In the recent case Blockowicz v. Williams, a family won a default judgment against persons posting defamatory content to Ripoff Report. But the plaintiffs could not contact the defendant to enforce the judgment, and thus they sought enforcement of an injunction against Ripoff Report. The court refused because …
Fair Notice: Providing For Electronic Document Transmissions To Shareholders In Washington State, James L. Proctor Jr.
Fair Notice: Providing For Electronic Document Transmissions To Shareholders In Washington State, James L. Proctor Jr.
Washington Journal of Law, Technology & Arts
In 2008, Washington State amended Wash. Rev. Code § 23B.01.410 to allow electronic transmission of materials accompanying corporate notices to shareholders. This amendment, combined with an earlier change allowing corporations operating within the state to notify shareholders through certain types of electronic transmissions, incorporated several Securities and Exchange Commission (SEC) suggestions to expand the authorized uses of Internet-based technology to communicate with shareholders. However, corporations operating across state lines are subject to a complex variety of state notice requirements. These differences create an uneven national standard for which types of electronic communication constitute sufficient notice. This statutory variance compels corporations …
Vol. 2 No. 2, Summer 2011; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Vol. 2 No. 2, Summer 2011; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement
Northern Illinois Law Review Supplement
No abstract provided.
Vol. 2 No. 2, Summer 2011; Particularly Serious Crimes And Withholding Of Removal: An Aggravating Question, Jessica Fiocchi
Vol. 2 No. 2, Summer 2011; Particularly Serious Crimes And Withholding Of Removal: An Aggravating Question, Jessica Fiocchi
Northern Illinois Law Review Supplement
The highly controversial topic of the removal of non-citizens from the United States is even more complex than most people realize. Besides the widely-known issues of the stretch on our nation's resources and immigrants' search for better lives, there are also issues of international relationships and threats to basic human rights. The United States has an international commitment not to remove aliens back to their home country if that country would be likely to subject the person to threats to their life or freedom, including kidnapping, torture, or murder. The U.S. denies this withholding of removal to those who have …
Broadcasting Expectations: An Unprotected Wireless Network Takes On Constitutional Dimensions, Duncan Stark
Broadcasting Expectations: An Unprotected Wireless Network Takes On Constitutional Dimensions, Duncan Stark
Washington Journal of Law, Technology & Arts
In January 2010, the U.S. District Court for the District of Oregon decided U.S. v. Ahrndt, the first case regarding the reasonable expectation of privacy in a home wireless internet network. The court found that the defendant had no reasonable expectation of privacy in his unsecured home wireless network because he had openly shared information on a system freely accessible by his neighbors. This Article examines the Ahrndt case and the potential legal effect this issue may have on an individual’s expectation of privacy in his or her wireless network and personal computer files. This Article concludes that although …
A Matter Of Access: How Bypassing Drm Does Not Always Violate The Dmca, Alicia Hoffer
A Matter Of Access: How Bypassing Drm Does Not Always Violate The Dmca, Alicia Hoffer
Washington Journal of Law, Technology & Arts
In the last decade, several federal circuit courts have applied the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA) to determine what forms of unauthorized access to copyrighted work are prohibited. Courts have considered Digital Rights Management (DRM) disputes concerning access to both copyrighted digital-media and manufactured products. The Second and Ninth Circuits have applied the DMCA in digital media cases to protect the owners of digital copyrighted works. The Fifth, Sixth, and Federal Circuits have applied the DMCA in manufactured-product cases, holding that bypassing DRM controls does not violate the DMCA under certain circumstances. These differing conclusions stem …
Off With The Head? How Eliminating Search And Index Functionality Reduces Secondary Liability In Peer-To-Peer File-Sharing Cases, Luke M. Rona
Washington Journal of Law, Technology & Arts
Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging …
Vol. 31, No. 3, Summer 2011: Table Of Contents And Masthead, Northern Illinois University Law Review
Vol. 31, No. 3, Summer 2011: Table Of Contents And Masthead, Northern Illinois University Law Review
Northern Illinois University Law Review
No abstract provided.
Unnaturally Stubborn: Illinois' Reluctance In Krywin V. Chicago Transit Authority To Do Away With The Natural Accumulation Rule, And The Resulting Impact Upon The Duty Of Common Carriers, Theodore Richgels
Northern Illinois University Law Review
The Natural Accumulation Rule is a legal doctrine that has been interpreted and applied by the Illinois courts to mean that a landowner may escape liability for injuries to a third party on his or her land that occur as a result of a natural accumulation of rain, ice or snow. Another legal doctrine that is recognized in Illinois is the duty of common carriers (such as buses, airplanes, and commuter trains) to provide a safe place for their passengers to disembark or “alight” from the vehicle they are riding. These two legal doctrines came into conflict with one another …