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Articles 1 - 21 of 21
Full-Text Articles in Entire DC Network
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
All Faculty Scholarship
No abstract provided.
Original Intent And The Fourteenth Amendment: Into The Black Hole Of Constitutional Law, Paul Finkelman
Original Intent And The Fourteenth Amendment: Into The Black Hole Of Constitutional Law, Paul Finkelman
Chicago-Kent Law Review
This article explores and examines William E. Nelson’s masterful study of the origins and adoption of the Fourteenth Amendment, The Fourteenth Amendment: From Political Principal to Judicial Doctrine (1988). The article explains that a quarter of a century after he wrote this book, Nelson’s study of the origins and adoption of the Amendment remains the best exploration of these issues. His book illustrates the difficulties of determining the “original intent” of the framers of this complicated and complex Amendment. At the same time, however, Nelson demonstrates that for many issues we can come to a strong understanding of the goals …
Cut In Tiny Pieces: Ensuring That Fragmented Ownership Does Not Chill Creativity, Henry H. Perritt Jr.
Cut In Tiny Pieces: Ensuring That Fragmented Ownership Does Not Chill Creativity, Henry H. Perritt Jr.
All Faculty Scholarship
The market for video entertainment is growing and becoming more diverse as technology reduces barriers to entry for small, independent moviemakers and distributors and increases consumers’ ability to access the media of their choice. The growing complexity of the market, however, increases transaction costs for new entrants who must obtain licenses to copyrighted music, characters, storylines, or scenes that they incorporate into their movies. The entertainment bonanza offered by new technologies may not be realized in practice because of market failure. The purposes of the Copyright and Patents Clause are frustrated because creators of new works wishing to use new …
Technological Fair Use, Edward Lee
Technological Fair Use, Edward Lee
All Faculty Scholarship
The Article proposes a framework tailoring fair use specifically for technology cases. At the inception of the twenty-first century, information technologies have become increasingly central to the U.S. economy. Not surprisingly, complex copyright cases involving speech technologies, such as DVRs, mp3 devices, Google Book Search, and YouTube, have increased as well. Yet existing copyright law, developed long before digital technologies, is ill-prepared to handle the complexities these technology cases pose. The key question often turns, not on prima facie infringement, but on the defense of fair use, which courts have too often relegated to extremely fact-specific decisions. The downside to …
The Other Same-Sex Marriage Debate, Jane S. Schacter
The Other Same-Sex Marriage Debate, Jane S. Schacter
Chicago-Kent Law Review
The high profile contemporary controversy about whether to allow same-sex couples to marry has obscured an earlier debate about same-sex marriage. This previous debate took place inside the LGBT movement, where equality advocates faced off about whether marriage equality ought, as a normative matter, to be pursued. With few exceptions, this internal critique of LGBT marriage has receded. In this article, Professor Schacter revisits the earlier debate, considers why pro-equality marriage skepticism faded, reflects on how the public debate about same-sex marriage today might have unfolded differently had the marriage skeptics within the LGBT community held more sway, and suggests …
Rethinking Dred Scott: New Context For An Old Case, Austin Allen
Rethinking Dred Scott: New Context For An Old Case, Austin Allen
Chicago-Kent Law Review
Scholars have misunderstood the context in which Dred Scott emerged. Leading historical interpretations of the decision have relied too heavily on accounts developed by antebellum Republicans and on mid-twentieth-century legal theory. This article offers an alternative account of Dred Scott's origins and argues that the decision emerged from a series of unintended consequences resulting from the Taney Court's efforts to incorporate a Jacksonian vision of governance into constitutional law. By 1857, this effort had generated tensions that made a sweeping decision like Dred Scott nearly unavoidable. The inescapable nature of Dred Scott carries implications for constitutional theorists, especially those …
Amending The Natural Born Citizen Requirement: Globalization As The Impetus And The Obstacle, Sarah P. Herlihy
Amending The Natural Born Citizen Requirement: Globalization As The Impetus And The Obstacle, Sarah P. Herlihy
Chicago-Kent Law Review
With the rise of non-native-born American politicians, the natural born citizen requirement in the United States Constitution has received much publicity. This note examines the history and background of the requirement that our President be born in this country. This note then focuses on how the increase of globalization should compel Americans to pass a constitutional amendment to repeal the natural born citizen requirement and discusses the reasons why many Americans oppose such a constitutional amendment. The note then explores some of the current misconceptions about globalization and concludes that Americans' fears and misconceptions of globalization may very well prevent …
The Wto's Dispute Resolution Mechanism: Does The United States Take It Seriously? A Trips Analysis, Alain J. Lapter
The Wto's Dispute Resolution Mechanism: Does The United States Take It Seriously? A Trips Analysis, Alain J. Lapter
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The Constitution Of Civil Society, Mark Tushnet
The Constitution Of Civil Society, Mark Tushnet
Chicago-Kent Law Review
This Article explores the relationship between the institutions of civil society and our government. Although it is said that the institutions of civil society can act as a check on government power, this Article explores the paradox implicit in that notion: the boundaries of these institutions are defined by the government directly or indirectly. After analyzing the question "How can civil society's institutions be an appropriate check on government when the government itself exercises significant influence on these institutions?," Tushnet illustrates how free expression, freedom of religion and substantive due process have been interpreted with respect to the institutions of …
The Record - Vol. 30, Issue 10, Iit Chicago-Kent College Of Law
The Record - Vol. 30, Issue 10, Iit Chicago-Kent College Of Law
The Record
Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.
The Record - Vol. 29, Issue 13, Iit Chicago-Kent College Of Law
The Record - Vol. 29, Issue 13, Iit Chicago-Kent College Of Law
The Record
Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.
The Record - Vol. 29, Issue 11, Iit Chicago-Kent College Of Law
The Record - Vol. 29, Issue 11, Iit Chicago-Kent College Of Law
The Record
Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.
The Record - Vol. 29, Issue 5, Iit Chicago-Kent College Of Law
The Record - Vol. 29, Issue 5, Iit Chicago-Kent College Of Law
The Record
Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.
The Record - Vol. 29, Issue 2, Iit Chicago-Kent College Of Law
The Record - Vol. 29, Issue 2, Iit Chicago-Kent College Of Law
The Record
Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.
The Record - Vol. 22, Issue 14, Iit Chicago-Kent College Of Law
The Record - Vol. 22, Issue 14, Iit Chicago-Kent College Of Law
The Record
Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.
The Record - Vol. 22, Issue 10, Iit Chicago-Kent College Of Law
The Record - Vol. 22, Issue 10, Iit Chicago-Kent College Of Law
The Record
Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.
Potter Stewart: An Analysis Of His Views On The Press As Fourth Estate , Rowena Scott Comegys
Potter Stewart: An Analysis Of His Views On The Press As Fourth Estate , Rowena Scott Comegys
Chicago-Kent Law Review
No abstract provided.
The Law On Skid Row, Axel Kleiboemer, Frank L. Schneider
The Law On Skid Row, Axel Kleiboemer, Frank L. Schneider
Chicago-Kent Law Review
No abstract provided.
Thomas Deweyland: Lawyer And Knave, William F. Zacharias
Thomas Deweyland: Lawyer And Knave, William F. Zacharias
Chicago-Kent Law Review
No abstract provided.
Discussion Of Recent Decisions, Chicago-Kent Law Review
Discussion Of Recent Decisions, Chicago-Kent Law Review
Chicago-Kent Law Review
Notes by George Kloek, F. J. Novotny, L. N. Conklin, J. R. Scott, B. Hardy, J. P. McGuire, G. Stephenson
The Chicago-Kent Bulletin - Volume 1, Issue 8, Iit Chicago-Kent College Of Law
The Chicago-Kent Bulletin - Volume 1, Issue 8, Iit Chicago-Kent College Of Law
The Chicago-Kent Bulletin
No abstract provided.