Law Commons^™

Debatable Premises In Telecom Policy, 31 J. Marshall J. Info. Tech. & Privacy L. 453 (2015), Justin (Gus) Hurwitz, Roslyn Layton

UIC John Marshall Journal of Information Technology & Privacy Law

The five premises that this paper considers are:

1. Everyone needs low-cost access to high speed broadband service

2. High-speed broadband is necessary for education, health, government, and other social services

3. Wireless can‟t compete with cable

4. An open Internet is necessary for innovation and necessarily benefits consumers

5. Telecommunications are better somewhere else.

Did Copyright Kill The Radio Star? Why The Recorded Music Industry And Copyright Act Should Welcome Webcasters Into The Fold, 14 J. Marshall Rev. Intell. Prop. L. 292 (2015), Patrick Koncel

UIC Review of Intellectual Property Law

The Copyright Act has not kept pace with the times, and the next revolution is going full stream ahead. Rather than adapt, entrenched interests at the Copyright table push for more protection, while new technologies are demonized and underrepresented. The resulting Copyright Act’s provisions relating to internet-based radio, ranging from passive over-the-air broadcasts to fully interactive music hosting sites, are a patchwork of accommodations and concessions to these interests. For all non-interactive services, licensing music typically occurs within the Copyright Act’s compulsory licensing system. For interactive webcasters, licensing negotiations take place with the copyright holders directly. These negotiations have proven …

The Next Great Copyright Act And The Future Of Radio, 14 J. Marshall Rev. Intell. Prop. L. 378 (2015), Christopher Doval, Don Anque, Maesea Mccalpin

UIC Review of Intellectual Property Law

With the advancement of digital broadcasting technologies, the lack of a revision to copyright law has created a creative and distribution bottleneck for artists by companies. The current range for compulsory licensing agreements does not protect the interests of artists through modern digital transmission tools, and leaves them fending for themselves if they wish to have access to new digital platforms. Moreover organizations, such as the Recording Industry Association of America, are in greater positions of power when applying existing copyright laws and definitions to new technologies that innovators never intended to be analogous to pre-existing technologies to begin with. …

Aerevolution: Why We Should, Briefly, Embrace Unlicensed Online Streaming Of Retransmitted Broadcast Television Content, 13 J. Marshall Rev. Intell. Prop. L. 577 (2014), Bradley Ryba

UIC Review of Intellectual Property Law

The United States has long recognized broadcast television programming’s importance to the public’s information and entertainment needs. Accordingly, Congress has historically offered strong copyright protections for broadcast television networks. Those strong protections allowed broadcast networks to withstand business threats from innovations like cable television and VCRs. However, Congress’ recent silence on DVRs and cloud computing technology has allowed an entrepreneur to create the networks’ next biggest threat, Aereo. The creators of Aereo and similar businesses designed their services specifically around ambiguities within copyright law that could allow them to transmit networks’ content without paying the otherwise necessary consent fees. These …

Bulk Telephony Metadata Collection And The Fourth Amendment: The Case For Revisiting The Third-Party Disclosure Doctrine In The Digital Age, 31 J. Marshall J. Info. Tech. & Privacy L. 191 (2014), Timothy Geverd

UIC John Marshall Journal of Information Technology & Privacy Law

This Article argues that federal courts should seize the opportunity presented by the Snowden leaks to reexamine the continued vitality of the current third-party disclosure doctrine in Fourth Amendment jurisprudence. Specifically, this Article argues that Smith v. Maryland simply cannot continue to act as the “North Star” for judges navigating the “Fourth Amendment waters” of the digital age, and that instead, Smith should apply more narrowly in the digital age. In so arguing, this Article advocates that courts apply a modified, twostep test to evaluating third-party disclosures rather than applying the traditional binary rubric that courts have drawn from Smith …

Material Support: Terrorist Television In The United States, 47 J. Marshall L. Rev. 1533 (2014), Andrew Franklin

UIC Law Review

No abstract provided.

Deferring To Secrecy, 54 B.C. L. Rev. 185 (2013), Margaret B. Kwoka

UIC Law Open Access Faculty Scholarship

In prescribing de novo judicial review of agencies' decisions to withhold requested information from the public under the Freedom of Information Act (FOIA), Congress deliberately and radically departed from the typical deferential treatment courts are required to give to agencies. Nonetheless, empirical studies demonstrate that the de novo review standard on the books in FOIA cases is not the standard used in practice. In fact, despite being subject to the stringent de novo standard, agencies' FOIA decisions are upheld at a substantially higher rate than agency decisions that are entitled to deferential review. This Article posits that although courts recite …

Games Are Not Coffee Mugs: Games And The Right Of Publicity, 29 Santa Clara Computer & High Tech. L.J. 1 (2012), William K. Ford, Raizel Liebler

UIC Law Open Access Faculty Scholarship

Are games more like coffee mugs, posters, and T-shirts, or are they more like books, magazines, and films? For purposes of the right of publicity, the answer matters. The critical question is whether games should be treated as merchandise or as expression. Three classic judicial decisions, decided in 1967, 1970, and 1973, held that the defendants needed permission to use the plaintiffs' names in their board games. These decisions judicially confirmed that games are merchandise, not something equivalent to more traditional media of expression. As merchandise, games are not like books; instead, they are akin to celebrity-embossed coffee mugs. To …

The Freedom Of Information Act Trial, 61 Am. U. L. Rev. 217 (2011), Margaret B. Kwoka

UIC Law Open Access Faculty Scholarship

This Article examines the paucity of Freedom of Information Act (FOIA) cases that go to trial and courts' preference for resolving these disputes at the summary judgment stage. Using traditional legal analysis and empirical evidence, this Article explores whether we should expect FOIA cases to go to trial and how the scarcity of FOIA trials compares to the trial rate in civil litigation generally. It concludes that the unusual use of summary judgment in FOIA cases has unjustifiably all but eliminated FOIA trials, which occur in less than 1 % of FOIA cases. It further examines how conducting FOIA trials …

Good But Not Great: Improving Access To Public Records Under The D.C. Freedom Of Information Act, 13 D.C. L. Rev. 359 (2010), Margaret B. Kwoka, Melissa Davenport

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010), Chris Williams

UIC Law Review

No abstract provided.

In God We Trust: The Judicial Establishment Of American Civil Religion, 43 J. Marshall L. Rev. 869 (2010), James J. Knicely, John W. Whitehead

UIC Law Review

No abstract provided.

Live Alienation: One Super-Promoter Eliminates Competition, Concert Fans Pay The Price, And The Sherman Act Waits In The Wings, 41 J. Marshall L. Rev. 527 (2008), Laura C. Howard

UIC Law Review

No abstract provided.

Magic Words And Millionaires: The Supreme Court's Assault On Campaign Funding, 42 J. Marshall L. Rev. 1 (2008), Michael J. Kasper

UIC Law Review

No abstract provided.

In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano

UIC Law Review

No abstract provided.

Campaign Finance Reform, Electioneering Communications, And The First Amendment: Resuscitating The Third Exception, 38 J. Marshall L. Rev. 1315 (2005), Daniel B. Roth

UIC Law Review

No abstract provided.

"Don't Let The Sun Go Down On Me:" An In-Depth Look At Opportunistic Business Method Patent Licensing And A Proposed Solution To Allow Small-Defendant Business Method Users To Sing A Happier Tune, 37 J. Marshall L. Rev. 1359 (2004), Andrea Lynn Evensen

UIC Law Review

No abstract provided.

Privacy To Be Patched In Later - An Examination Of The Decline Of Privacy Rights, 36 J. Marshall L. Rev. 985 (2003), Matthew Hector

UIC Law Review

No abstract provided.

Content-Based Regulation Of Electronic Media: Indecent Speech On The Internet, 21 J. Marshall J. Computer & Info. L. 19 (2002), Kelly M. Slavitt, Matthew Knorr

UIC John Marshall Journal of Information Technology & Privacy Law

Using an airing of the Victoria Secret fashion show as an example, the author explores the definition of "indecency" in media. She first discusses the how FCC treats indecency in traditional media (radio, broadcast TV and cable). Then, she addresses numerous failed attempts of applying indecency on the Internet. Consequently, she compares and contrasts the different media. Lastly, she suggests a solution in this regard that would likely pass constitutional muster. The FCC can impose fines or prison sentences on radio and broadcasting licensees for "uttering any obscene, indecent or profane language by means of radio communications." As for cable …

Big Media: Its Effect On The Marketplace Of Ideas And How To Slow The Urge To Merge, 20 J. Marshall J. Computer & Info. L. 247 (2002), Donald R. Simon

UIC John Marshall Journal of Information Technology & Privacy Law

"The free flow of information is the life-blood of democracy." Americans are experiencing many media corporate mergers in recent years, and one is likely to ponder whether the idea of "marketplace of ideas" still holds true. In this article, the author discusses how economically driven censorship of journalism is blinding the public by market concentration and cross-ownership of media corporations. The fears of the Founding Fathers still lurk in the background as James Madison wrote: "a popular government without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy, or perhaps both." …

Freedom Of The Press And The Business Of Journalism: The Myth Of Democratic Competition In The Marketplace Of Ideas, 67 Rev. Jur. U.P.R. 447 (1998), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

Regulation Of Music Videos: Should The Fcc "Beat It?", 8 Computer L.J. 287 (1988), Aloma H. Park

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Notary Law And Practice For The 21st Century: Suggested Modifications For The Model Notary Act, 30 J. Marshall L. Rev. 1063 (1997), Vincent Gnoffo

UIC Law Review

No abstract provided.

Prior Restraints On The Media And The Right To A Fair Trial: A Proposal For A New Standard, 84 Ky. L.J. 259 (1996), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

Pulling The Plug: Controversial Programming On Public Access Television And The Cable Television Consumer Protection And Competition Act Of 1992, 28 J. Marshall L. Rev. 399 (1995), Bradley J. Howard

UIC Law Review

No abstract provided.

The Rodney King Beating: Beyond Fair Use: A Broadcaster's Right To Air Copyrighted Videotape As Part Of A Newscast, 13 J. Marshall J. Computer & Info. L. 269 (1995), Leslie Ann Reis

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses the copyright implications of news broadcasters using videotape and other images in their newscasts. News broadcasters obtain audio and video materials for use in their broadcasts, and on most occasions they obtain these materials from a variety of sources. The broadcaster cannot infringe on the copyright of the news source unless given permission by the source or decide to use it under the Fair Use Doctrine. However, a newscaster may also use the copyrighted material under a possible exception created by the First Amendment right to freedom of the press. The law that provides a creator with …

To Tell The Truth: Should Attorneys Be Directly Accountable For The Content Of Applications For New Radio And Television Broadcast Stations?, 41 Depaul L. Rev. 307 (1992), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.

U.C.C. Article 4a - Wire Or Wire Not? Consequential Damages Under Article 4a And A Critical Analysis Of Evra V. Swiss Bank, 11 Computer L.J. 341 (1991), Joseph G. Mccarty

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

The Electronic Communications And Privacy Act: Discriminatory Treatment For Similar Technology, Cutting The Cord Of Privacy, 23 J. Marshall L. Rev. 661 (1990), Timothy R. Rabel

UIC Law Review

No abstract provided.

Diminishing Expectations Of Privacy In The Rehnquist Court, 22 J. Marshall L. Rev. 825 (1989), Laurence A. Benner

UIC Law Review

No abstract provided.