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Articles 1 - 30 of 36
Full-Text Articles in Entire DC Network
Ditching "The Disposal Plan": Revisiting Miranda In An Age Of Terror, 20 St. Thomas L. Rev. 155 (2008), Kim D. Chanbonpin
Ditching "The Disposal Plan": Revisiting Miranda In An Age Of Terror, 20 St. Thomas L. Rev. 155 (2008), Kim D. Chanbonpin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Coming Soon To A Law Practice Near You: The New (And Improved?) Illinois Rules Of Professional Conduct, 39 Loy. U. Chi. L.J. 691 (2008), Alberto Bernabe
Coming Soon To A Law Practice Near You: The New (And Improved?) Illinois Rules Of Professional Conduct, 39 Loy. U. Chi. L.J. 691 (2008), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
Why Monuments Are Government Speech: The Hard Case Of Pleasant Grove City V. Summun, 58 Cath. U. L. Rev. 7 (2008), Mary Jean Dolan
Why Monuments Are Government Speech: The Hard Case Of Pleasant Grove City V. Summun, 58 Cath. U. L. Rev. 7 (2008), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
No abstract provided.
Exploring Critical Issues In Religious Genocide: Case Studies Of Violence In Tibet, Iraq And Gujarat, 40 Case W. Res. J. Int'l L. 163 (2008), Robert Petit, Stuart K. Ford, Neha Jain
Exploring Critical Issues In Religious Genocide: Case Studies Of Violence In Tibet, Iraq And Gujarat, 40 Case W. Res. J. Int'l L. 163 (2008), Robert Petit, Stuart K. Ford, Neha Jain
UIC Law Open Access Faculty Scholarship
No abstract provided.
Government-Sponsored Chaplains And Crisis: Walking The Fine Line In Disaster Response And Daily Life, 35 Hastings Const. L.Q. 505 (2008), Mary Jean Dolan
Government-Sponsored Chaplains And Crisis: Walking The Fine Line In Disaster Response And Daily Life, 35 Hastings Const. L.Q. 505 (2008), Mary Jean Dolan
UIC Law Open Access Faculty Scholarship
No abstract provided.
No Compensation For Slave Traders: Some Implications, 14 Tex. Wesleyan L. Rev. 289 (2008), Allen R. Kamp
No Compensation For Slave Traders: Some Implications, 14 Tex. Wesleyan L. Rev. 289 (2008), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
Protecting Foreign Victims Of Domestic Violence: An Analysis Of Asylum Regulations, 12 N.Y.U. J. Legis. & Pub. Pol'y 115 (2008), Michael G. Heyman
Protecting Foreign Victims Of Domestic Violence: An Analysis Of Asylum Regulations, 12 N.Y.U. J. Legis. & Pub. Pol'y 115 (2008), Michael G. Heyman
UIC Law Open Access Faculty Scholarship
No abstract provided.
Three Questions That Will Make You Rethink The U.S.-China Intellectual Property Debate, 7 J. Marshall Rev. Intell. Prop. L. 412 (2008), Peter K. Yu
UIC Review of Intellectual Property Law
Commentators have attributed China’s piracy and counterfeiting problems to the lack of political will on the part of Chinese authorities. They have also cited the many political, social, economic, cultural, judicial, and technological problems that have arisen as a result of the country’s rapid economic transformation and accession to the WTO. This provocative essay advances a third explanation. It argues that the failure to resolve piracy and counterfeiting problems in China can be partly attributed to the lack of political will on the part of U.S. policymakers and the American public to put intellectual property protection at the very top …
The Computer Fraud And Abuse Act: A Vehicle For Litigating Trade Secrets In Federal Court, 8 J. Marshall Rev. Intell. Prop. L. 155 (2008), Graham M. Liccardi
The Computer Fraud And Abuse Act: A Vehicle For Litigating Trade Secrets In Federal Court, 8 J. Marshall Rev. Intell. Prop. L. 155 (2008), Graham M. Liccardi
UIC Review of Intellectual Property Law
Federal jurisdictions are split on the reach of the Computer Fraud and Abuse Act (“CFAA”) in situations where computer-stored trade secrets are stolen by former employees who possessed authorization to access and use the trade secret information. This comment explores both the broad and narrow interpretations of the CFAA. It proposes that courts adopt the broad interpretation, which includes principles of agency law, in order to determine when an employee is “without authorization” under the CFAA. Courts should also adopt the broad interpretation in situations where trade secrets are stolen because an employee is only granted a “limited license” to …
An Empirical Economic Analysis Of The 2005 Bankruptcy Reforms, 24 Emory Bankr. Dev. J. 327 (2008), Thomas Evans, Paul B. Lewis
An Empirical Economic Analysis Of The 2005 Bankruptcy Reforms, 24 Emory Bankr. Dev. J. 327 (2008), Thomas Evans, Paul B. Lewis
UIC Law Open Access Faculty Scholarship
No abstract provided.
United States V. Andrus: Password Protect Your Roommate, Not Your Computer, 26 J. Marshall J. Computer & Info. L. 183 (2008), Sarah M. Knight
United States V. Andrus: Password Protect Your Roommate, Not Your Computer, 26 J. Marshall J. Computer & Info. L. 183 (2008), Sarah M. Knight
UIC John Marshall Journal of Information Technology & Privacy Law
The article looks at the decision in United States v. Andrus, where it was determined that the police could obtain consent from a father to search an adult son’s computer without first checking if the father who gave consent know the password and therefore had apparent authority to search. The police used Encase, software designed to make a forensic copy of a hard drive, without even turning on the computer. The 10th Circuit majority opinion decided the police committed no error when they conducted the search. The article’s author argues that the dissenting opinion took the correct position in its …
Wikipedia Made Law? The Federal Judicial Citation Of Wikipedia, 26 J. Marshall J. Computer & Info. L. 229 (2008), Amber Lynn Wagner
Wikipedia Made Law? The Federal Judicial Citation Of Wikipedia, 26 J. Marshall J. Computer & Info. L. 229 (2008), Amber Lynn Wagner
UIC John Marshall Journal of Information Technology & Privacy Law
In this comment the author examines the new and growing body of federal opinions citing Wikipedia an authoritative source. The comment details how Wikipedia articles are generated, and the ease with which anyone can edit them, to illustrate their shortcomings as sources for making judicial determinations. The author provides examples of federal cases where judges rely on Wikipedia to define terms ranging from colloquial phrases to medical equipment. The author points out that in spite of several academic institutions and the U.S. Trade and Patent Office banning it as a source, federal judges continue to rely on Wikipedia in their …
Beyond Whiffle-Ball Bats: Addressing Identity Crime In An Information Economy, 26 J. Marshall J. Computer & Info. L. 47 (2008), Erin Kenneally, Jon Stanley
Beyond Whiffle-Ball Bats: Addressing Identity Crime In An Information Economy, 26 J. Marshall J. Computer & Info. L. 47 (2008), Erin Kenneally, Jon Stanley
UIC John Marshall Journal of Information Technology & Privacy Law
The article discusses the challenges to the protection of private personal information in the age of rapid technological changes and advances with a particular focus on the explosion of Identity Theft Crime (IDC). The paper highlights the compartmentalized and imbalanced roles that the free market and law enforcement (LE) play in response to this emerging threat to privacy, the implications of this dynamic, and recommendations for improving the societal risk management of Identity Crime.
Dancing In The Rain: Who Is Your Partner In The Corporate Boardroom?, 25 J. Marshall J. Computer & Info. L. 267 (2008), Maureen Duffy-Lewis, Daniel B. Garrie
Dancing In The Rain: Who Is Your Partner In The Corporate Boardroom?, 25 J. Marshall J. Computer & Info. L. 267 (2008), Maureen Duffy-Lewis, Daniel B. Garrie
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Informing The Enemy: Feeding The Counter-Intelligence Needs Of Our Adversaries, 25 J. Marshall J. Computer & Info. L. 681 (2008), Kenneth J. Ryan
Informing The Enemy: Feeding The Counter-Intelligence Needs Of Our Adversaries, 25 J. Marshall J. Computer & Info. L. 681 (2008), Kenneth J. Ryan
UIC John Marshall Journal of Information Technology & Privacy Law
The author demonstrates how the convergences of technology, national security and an ever expanding media pose critical problems for the protection, dissemination and employment of information for national security purposes. Focusing on the methods and harms posed by the inadvertent and intentional disclosure of operational information, he proposes a three-part remedy that balances transparency with national security concerns and underscores the critical role that any information may hold in these days of heightened security.
Foreword, 41 J. Marshall L. Rev. Xxvii (2008), Nancee Alexa Barth
Foreword, 41 J. Marshall L. Rev. Xxvii (2008), Nancee Alexa Barth
UIC Law Review
No abstract provided.
Reforming The Illinois Criminal Code: Where The Clear Commission Stopped Short Of Its Goals, 41 J. Marshall L. Rev. 741 (2008), Terri L. Mascherin, Andrew Vail, Jennifer L. Dlugosz
Reforming The Illinois Criminal Code: Where The Clear Commission Stopped Short Of Its Goals, 41 J. Marshall L. Rev. 741 (2008), Terri L. Mascherin, Andrew Vail, Jennifer L. Dlugosz
UIC Law Review
No abstract provided.
Dedication To Professor Timothy P. O'Neill, 41 J. Marshall L. Rev. Xxv (2008), Kathryn J. Kennedy
Dedication To Professor Timothy P. O'Neill, 41 J. Marshall L. Rev. Xxv (2008), Kathryn J. Kennedy
UIC Law Review
No abstract provided.
"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth
"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth
UIC Law Review
No abstract provided.
An Analysis Of Historical And Legal Sanctuary And A Cohesive Approach To The Current Movement, 42 J. Marshall L. Rev. 135 (2008), Pamela Begaj
UIC Law Review
No abstract provided.
Rehabilitating Juvenile Sex Offenders With A Life Sentence, 42 J. Marshall L. Rev. 187 (2008), Adam Doeringer
Rehabilitating Juvenile Sex Offenders With A Life Sentence, 42 J. Marshall L. Rev. 187 (2008), Adam Doeringer
UIC Law Review
No abstract provided.
The Mission Of The Criminal Law Edit, Alignment And Reform Commission (Clear): An Introductory Commentary, 41 J. Marshall L. Rev. 611 (2008), John Decker
UIC Law Review
No abstract provided.
Copyright Misuses, Fair Use, And Abuse: How Sports And Media Companies Are Overreaching Their Copyright Protections, 7 J. Marshall Rev. Intell. Prop. L. 621 (2008), Cory Tadlock
UIC Review of Intellectual Property Law
A recent FTC complaint has generated questions about the legality and effects of blanket copyright warnings issued by large sports and media companies. Copyright warnings from the NFL, MLB, and major motion picture studios often assert that no use whatsoever of their materials can be made without express permission, contrary to several provisions of U.S. copyright law. This comment proposes limiting the content and language of such warnings so consumers have a clearer view of what copyright law allows, and are not intimidated into foregoing their rights to use protected works. Exceptions like fair use and the idea-expression dichotomy prevent …
Protection Of U.S. Trade Secret Assets: Critical Amendments To The Economic Espionage Act Of 1996, 7 J. Marshall Rev. Intell. Prop. L. 656 (2008), R. Mark Halligan
Protection Of U.S. Trade Secret Assets: Critical Amendments To The Economic Espionage Act Of 1996, 7 J. Marshall Rev. Intell. Prop. L. 656 (2008), R. Mark Halligan
UIC Review of Intellectual Property Law
In order to protect the economic interests of the United States, the Economic Espionage Act was enacted in 1996. Although intended to prevent and deter trade secret theft, the EEA is limited to criminal prosecutions. Critical amendments to the EEA are required to create a civil cause of action in the new information-based economy and the international marketplace. The following proposed amendments to the EEA provide a federal civil cause of action, allowing companies to protect trade secret assets and to ensure the continued growth and protection of trade secret assets in the international marketplace.
Must The Jury Reach A Verdict? The Constitutionality Of Eliminating Juries In Patent Trials By Creating An Article I Tribunal, 7 J. Marshall Rev. Intell. Prop. L. 754 (2008), Daniel P. Sullivan
Must The Jury Reach A Verdict? The Constitutionality Of Eliminating Juries In Patent Trials By Creating An Article I Tribunal, 7 J. Marshall Rev. Intell. Prop. L. 754 (2008), Daniel P. Sullivan
UIC Review of Intellectual Property Law
The February 2007 jury verdict against Microsoft totaling $1.52 billion marked the largest in a patent case ever, following the prevailing trend of juries awarding extraordinarily high damages. Because patent law deals with complex technology and complicated issues of fact and law, and because empirical evidence concludes that juries have significant biases in favor of patentees and against alleged infringers, this comment calls into question whether or not twelve lay persons are sufficiently equipped to handle patent trials. In lieu of juries rendering verdicts in patent trials – and even in lieu of U.S. District Court judges adjudicating patent trials …
Intellectual Property Enforcement: A Reality Gap (Insufficient Assistance, Ineffective Implementation)?, 8 J. Marshall Rev. Intell. Prop. L. 47 (2008), Timothy P. Trainer
Intellectual Property Enforcement: A Reality Gap (Insufficient Assistance, Ineffective Implementation)?, 8 J. Marshall Rev. Intell. Prop. L. 47 (2008), Timothy P. Trainer
UIC Review of Intellectual Property Law
The World Trade Organization’s (“WTO”) Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) promised to standardize world-wide intellectual property rights (“IPR”) enforcement procedures, and thus, facilitate trade and commerce between member nations. However, the TRIPS implementation transition of many less developed and developing nations has resulted in a much lower IPR enforcement standard than the drafters of TRIPS envisioned. This, coupled with increased world-wide trade in counterfeit goods, has created friction between the developing nations with lower IPR enforcement and the developed nations with higher IPR enforcement. Consequently, many nations, including the United States, have entered into Free Trade …
Francis D. Morrissey: A Life In The Law, 41 J. Marshall L. Rev. Xxiii (2008), Michael A. Pollard, Ann Lousin
Francis D. Morrissey: A Life In The Law, 41 J. Marshall L. Rev. Xxiii (2008), Michael A. Pollard, Ann Lousin
UIC Law Review
No abstract provided.
Roth At Fifty: Reconsidering The Common Law Antecedents Of American Obscenity Doctrine, 41 J. Marshall L. Rev. 393 (2008), James R. Alexander
Roth At Fifty: Reconsidering The Common Law Antecedents Of American Obscenity Doctrine, 41 J. Marshall L. Rev. 393 (2008), James R. Alexander
UIC Law Review
No abstract provided.
There Ain't No Such Thing As A Free Lunch: A Look At State Gift Disclosure Laws And The Effect On Pharmaceutical Company Marketing, 41 J. Marshall L. Rev. 563 (2008), Scott Velasquez
UIC Law Review
No abstract provided.
The Clear Initiative And Mental States: 1½ Problems Solved, 41 J. Marshall L. Rev. 701 (2008), Timothy P. O'Neill
The Clear Initiative And Mental States: 1½ Problems Solved, 41 J. Marshall L. Rev. 701 (2008), Timothy P. O'Neill
UIC Law Review
No abstract provided.