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Full-Text Articles in Law

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

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.


Has The Supreme Court Incorrectly Expanded § 271(E)(1) To Risk A Regulatory Taking?, 5 J. Marshall Rev. Intell. Prop. L. 216 (2006), Tara Stuart Jan 2006

Has The Supreme Court Incorrectly Expanded § 271(E)(1) To Risk A Regulatory Taking?, 5 J. Marshall Rev. Intell. Prop. L. 216 (2006), Tara Stuart

UIC Review of Intellectual Property Law

The U.S.S.C. expanded the scope of the Hatch-Waxman Act’s safe harbor provision in Merck III to include protection for infringing use of any type of invention as long as a researcher intended to perform research reasonably relevant to FDA approval. This broad interpretation is inconsistent with the legislative intent of the Hatch-Waxman Act, and the policies of the U.S. patent system. Many patent owners may unnecessarily experience such a reduction in their property rights as to constitute a regulatory taking. The proposed narrow interpretation would rectify the constitutional problems and inconsistencies in infringement exemptions. Section 271(e)(1) should apply only to …


Recent Developments In Copyright Law: Selected U.S. Supreme Court, Court Of Appeals, And District Court Opinions Between February 1, 2005 And May 1, 2006, 6 J. Marshall Rev. Intell. Prop. L. 40 (2006), Tyler T. Ochoa Jan 2006

Recent Developments In Copyright Law: Selected U.S. Supreme Court, Court Of Appeals, And District Court Opinions Between February 1, 2005 And May 1, 2006, 6 J. Marshall Rev. Intell. Prop. L. 40 (2006), Tyler T. Ochoa

UIC Review of Intellectual Property Law

This article highlights nine selected U.S. copyright law decisions handed down between February 1, 2005 and May 1, 2006. Two of the decisions concern peer-to-peer file sharing, including the U.S. Supreme Court’s landmark decision in MGM v. Grokster. One of the decisions questions the applicability of the idea/expression dichotomy to works of visual art. Two of the decisions discuss ownership of the renewal rights in a work under the 1909 Act when the author is deceased. One of the decisions interprets the requirement that an author register his or her work before filing an infringement action. Two of the decisions …


“Stop Me Before I Get Reversed Again”: The Failure Of Illinois Appellate Courts To Protect Their Criminal Decisions From United States Supreme Court Review, 36 Loy. U. Chi. L.J. 893 (2005), Timothy P. O'Neill Jan 2005

“Stop Me Before I Get Reversed Again”: The Failure Of Illinois Appellate Courts To Protect Their Criminal Decisions From United States Supreme Court Review, 36 Loy. U. Chi. L.J. 893 (2005), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.


Institutions Of Learning Or Havens For Illegal Activities: How The Supreme Court Views Libraries, 25 N. Ill. U. L. Rev. 1 (2004), Raizel Liebler Jan 2004

Institutions Of Learning Or Havens For Illegal Activities: How The Supreme Court Views Libraries, 25 N. Ill. U. L. Rev. 1 (2004), Raizel Liebler

UIC Law Open Access Faculty Scholarship

The role of libraries in American society is varied: libraries act as curators and repositories of American culture's recorded knowledge, as places to communicate with others, and as sources where one can gain information from books, magazines and other printed materials, as well as audio-video materials and the Internet. Courts in the United States have called libraries "the quintessential locus of the receipt of information, "'places that are "dedicated to quiet, to knowledge, and to beauty," and "a mighty resource in the free marketplace of ideas." These positive views of libraries are often in sharp contrast with views by some …


Can This Brokered Marriage Be Saved? The Changing Relationship Between The Supreme Court And Federal Circuit In Patent Law Jurisprudence, 2 J. Marshall Rev. Intell. Prop. L. 201 (2003), Debra D. Peterson Jan 2003

Can This Brokered Marriage Be Saved? The Changing Relationship Between The Supreme Court And Federal Circuit In Patent Law Jurisprudence, 2 J. Marshall Rev. Intell. Prop. L. 201 (2003), Debra D. Peterson

UIC Review of Intellectual Property Law

Congress created the Federal Circuit, in part, to provide uniformity in patent decisions throughout the United States and stability in patent law. During the first decade of the Federal Circuit’s existence, the Supreme Court largely deferred to the Federal Circuit in patent law decisions. However, the Supreme Court’s initial deference to the Federal Circuit has since been replaced by critical view of the Federal Circuit’s decisions and its decision-making processes. This article proposes that the Supreme Court has correctly abandoned its deferential mindset toward the Federal Circuit since the Federal Circuit was never intended to be the de facto Supreme …


How The Supreme Court Decides To Review Intellectual Property Cases, 3 J. Marshall Rev. Intell. Prop. L. 19 (2003), Matthew M. Neumeier Jan 2003

How The Supreme Court Decides To Review Intellectual Property Cases, 3 J. Marshall Rev. Intell. Prop. L. 19 (2003), Matthew M. Neumeier

UIC Review of Intellectual Property Law

Because Supreme Court review is essentially discretionary, it is increasingly rare for the Court to hear an argument concerning Intellectual Property rights. However the Supreme Court will critically review cases that belong in one of four distinct categories. These include cases in which: (1) lower court decisions conflict, (2) lower courts have departed from accepted and usual court proceedings, (3) an important federal question is decided, and (4) lower courts have departed from Supreme Court precedent. This article provides practitioners with some guidance in determining whether the Supreme Court is likely to review a lower court decision on an Intellectual …


Immigration Law In The Supreme Court: The Flagging Spirit Of The Law, 28 J. Legis. 113 (2002), Michael G. Heyman Jan 2002

Immigration Law In The Supreme Court: The Flagging Spirit Of The Law, 28 J. Legis. 113 (2002), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, 10 Wm. & Mary Bill Rts. J. 249 (2002), Samuel R. Olken Jan 2002

The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, 10 Wm. & Mary Bill Rts. J. 249 (2002), Samuel R. Olken

UIC Law Open Access Faculty Scholarship

In The Business of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy of Justice George Sutherland, Samuel Olken traces the dichotomy that emerged in constitutional law in the aftermath of the Lochner era between economic liberty and freedom of expression. During the 1930s, while a deeply divided United States Supreme Court adopted a laissez faire approach to economic regulation, it viewed with great suspicion laws that restricted the manner and content of expression. During this period, Justice George Sutherland often clashed with the majority consistently insisting that state regulation of private economic rights bear a close and …


Festo: A Jurisprudential Test For The Supreme Court?, 1 J. Marshall Rev. Intell. Prop. L. 69 (2001), James E. Hopenfeld Jan 2001

Festo: A Jurisprudential Test For The Supreme Court?, 1 J. Marshall Rev. Intell. Prop. L. 69 (2001), James E. Hopenfeld

UIC Review of Intellectual Property Law

This article contends that the Federal Circuit's decision in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., now on review before the United States Supreme Court, is more than just a controversial patent case. Festo raises, in addition, important issues with respect to stare decisis and the power and authority of the Federal Circuit and appeals courts in general. The jurisprudential issues raised by Festo are revealed by an analysis of the different methods used by the Federal Circuit majority on one hand, and Judge Michel's dissent on the other, in applying Supreme Court precedent to reach a legal conclusion. …


Supreme Court's Iolta Decision: Of Dogs, Mangers, And The Ghost Of Mrs. Frothingham, 30 Seton Hall L. Rev. 846 (2000), Donald L. Beschle Jan 2000

Supreme Court's Iolta Decision: Of Dogs, Mangers, And The Ghost Of Mrs. Frothingham, 30 Seton Hall L. Rev. 846 (2000), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


Chief Justice John Marshall And The Course Of American Constitutional History, 33 J. Marshall L. Rev. 743 (2000), Samuel R. Olken Jan 2000

Chief Justice John Marshall And The Course Of American Constitutional History, 33 J. Marshall L. Rev. 743 (2000), Samuel R. Olken

UIC Law Review

No abstract provided.


State V. Donis: The New Jersey Supreme Court Turns Its Back While Police Conduct Random Mobile Data Terminal Searches, 17 J. Marshall J. Computer & Info. L. 1235 (1999), Kevin C. Wille Jan 1999

State V. Donis: The New Jersey Supreme Court Turns Its Back While Police Conduct Random Mobile Data Terminal Searches, 17 J. Marshall J. Computer & Info. L. 1235 (1999), Kevin C. Wille

UIC John Marshall Journal of Information Technology & Privacy Law

This article attacks the validity of the controversial holding in the Donis case that allows law enforcement officers to use personal information provided by the Department of Motor Vehicle ("DMV") at the officers' discretion. The main hurdle that the court had to overcome was the New Jersey Constitution. Ultimately the court found that the personal information was not protected because it was being used for legitimate law enforcement practices. The underlying sentiment of the court is that law officers would not abuse their authority when searching for stolen vehicles and invalid drivers licenses using a mobile data terminal ("MDT"). The …


Justice George Sutherland And Economic Liberty: Constitutional Conservatism And The Problem Of Factions, 6 Wm. & Mary Bill Rts. J. 1 (1997), Samuel R. Olken Jan 1997

Justice George Sutherland And Economic Liberty: Constitutional Conservatism And The Problem Of Factions, 6 Wm. & Mary Bill Rts. J. 1 (1997), Samuel R. Olken

UIC Law Open Access Faculty Scholarship

Most scholars have viewed Justice George Sutherland as a conservative jurist who opposed government regulation because of his adherence to laissez-faire economics and Social Darwinism, or because of his devotion to natural rights. In this Article, Professor Olken analyzes these widely held misperceptions of Justice Sutherland's economic liberty jurisprudence, which was based not on socio-economic theory, but on historical experience and common law. Justice Sutherland, consistent with the judicial conservatism of the Lochner era, wanted to protect individual rights from the whims of political factions and changing democratic majorities. The Lochner era differentiation between government regulations enacted for the public …


Chief Justice John Marshall In Historical Perspective, 31 J. Marshall L. Rev. 137 (1997), Samuel R. Olken Jan 1997

Chief Justice John Marshall In Historical Perspective, 31 J. Marshall L. Rev. 137 (1997), Samuel R. Olken

UIC Law Review

No abstract provided.


The Third House Of Congress Versus The Fourth Branch Of Government: The Impact Of Congressional Committee Staff On Agency Regulatory Decision-Making, 19 J. Marshall L. Rev. 247 (1986), James P. Hill Jan 1996

The Third House Of Congress Versus The Fourth Branch Of Government: The Impact Of Congressional Committee Staff On Agency Regulatory Decision-Making, 19 J. Marshall L. Rev. 247 (1986), James P. Hill

UIC Law Review

No abstract provided.


Family Values And The Supreme Court, 25 Conn. L. Rev. 427 (1993), Linda R. Crane Jan 1993

Family Values And The Supreme Court, 25 Conn. L. Rev. 427 (1993), Linda R. Crane

UIC Law Open Access Faculty Scholarship

No abstract provided.


Catechism Or Imagination: Is Justice Scalia's Judicial Style Typically Catholic?, 37 Vill. L. Rev. 1329 (1992), Donald L. Beschle Jan 1992

Catechism Or Imagination: Is Justice Scalia's Judicial Style Typically Catholic?, 37 Vill. L. Rev. 1329 (1992), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger Jan 1990

Caplin & Drysdale, Chartered V. United States: Supreme Court Approves Attorney Fee Foreiture, 23 J. Marshall L. Rev. 471 (1990), Stephen M. Kightlinger

UIC Law Review

No abstract provided.


Arizona V. Roberson: The Supreme Court Expands Suspects' Rights In The Custodial Interrogation Setting, 22 J. Marshall L. Rev. 685 (1989), Thomas N. Radek Jan 1989

Arizona V. Roberson: The Supreme Court Expands Suspects' Rights In The Custodial Interrogation Setting, 22 J. Marshall L. Rev. 685 (1989), Thomas N. Radek

UIC Law Review

No abstract provided.


Affirmative Action: A Divided Supreme Court, 22 J. Marshall L. Rev. 99 (1988), Arthur J. Marinelli Jan 1988

Affirmative Action: A Divided Supreme Court, 22 J. Marshall L. Rev. 99 (1988), Arthur J. Marinelli

UIC Law Review

No abstract provided.


Doing Politics In The United States Supreme Court, 22 J. Marshall L. Rev. 265 (1988), John D. Gorby Jan 1988

Doing Politics In The United States Supreme Court, 22 J. Marshall L. Rev. 265 (1988), John D. Gorby

UIC Law Review

No abstract provided.


Carnegie-Mellon University V. Cohill: The United States Supreme Court Upholds The Authority Of Federal Courts To Remand Properly Removed Pendent Jurisdiction Claims, 22 J. Marshall L. Rev. 389 (1988), William Barrett Jan 1988

Carnegie-Mellon University V. Cohill: The United States Supreme Court Upholds The Authority Of Federal Courts To Remand Properly Removed Pendent Jurisdiction Claims, 22 J. Marshall L. Rev. 389 (1988), William Barrett

UIC Law Review

No abstract provided.


Johnson V. Transportation Agency: The United States Supreme Court Weighs Statistical Imbalance In Favor Of Affirmative Action, 21 J. Marshall L. Rev. 593 (1988), Denise C. Hockley-Cann Jan 1988

Johnson V. Transportation Agency: The United States Supreme Court Weighs Statistical Imbalance In Favor Of Affirmative Action, 21 J. Marshall L. Rev. 593 (1988), Denise C. Hockley-Cann

UIC Law Review

No abstract provided.


United States V. Johnson: The Supreme Court Extends The Feres Doctrine Bar To Ftca Recovery Against Non-Military Tortfeasors, 22 J. Marshall L. Rev. 199 (1988), Susan Beaupre Lindholm Jan 1988

United States V. Johnson: The Supreme Court Extends The Feres Doctrine Bar To Ftca Recovery Against Non-Military Tortfeasors, 22 J. Marshall L. Rev. 199 (1988), Susan Beaupre Lindholm

UIC Law Review

No abstract provided.


Mccleskey V. Kemp: The Supreme Court Pulls The Switch On Future Judicial Challenges To The Death Penalty, 22 J. Marshall L. Rev. 215 (1988), William H. Jones Jan 1988

Mccleskey V. Kemp: The Supreme Court Pulls The Switch On Future Judicial Challenges To The Death Penalty, 22 J. Marshall L. Rev. 215 (1988), William H. Jones

UIC Law Review

No abstract provided.


Privacy, Pornography, And The Supreme Court, 21 J. Marshall L. Rev. 755 (1988), Richard F. Hixson Jan 1988

Privacy, Pornography, And The Supreme Court, 21 J. Marshall L. Rev. 755 (1988), Richard F. Hixson

UIC Law Review

No abstract provided.


The History Behind Hansberry V. Lee, 20 U.C. Davis L. Rev. 481 (1987), Allen R. Kamp Jan 1987

The History Behind Hansberry V. Lee, 20 U.C. Davis L. Rev. 481 (1987), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

This Article provides the factual background to Hansberry v. Lee, the famous class action case. During the early 1900's, Chicago's black population was kept effectively segregated, primarily through the use of racially restrictive covenants. However, in the 1930's, this system began to break down. The growth of the black population caused an increased demand for black housing, while the Depression reduced the market for white housing. It was at this time that Carl Hansberry bought a house that was covered by a restrictive covenant, generating a lawsuit to have the covenant enforced and the Hansberrys evicted.

Tracing the lawsuit as …


The Conservative As Liberal: The Religion Clauses, Liberal Neutrality, And The Approach Of Justice O'Connor, 62 Notre Dame L. Rev. 151 (1987), Donald L. Beschle Jan 1987

The Conservative As Liberal: The Religion Clauses, Liberal Neutrality, And The Approach Of Justice O'Connor, 62 Notre Dame L. Rev. 151 (1987), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


California Federal Savings & (And) Loan Association V. Guerra: Supreme Court Affirms California's Efforts To Accommodate Pregnancy In Fair Employment Laws, 21 J. Marshall L. Rev. 181 (1987), Judith Gallo Jan 1987

California Federal Savings & (And) Loan Association V. Guerra: Supreme Court Affirms California's Efforts To Accommodate Pregnancy In Fair Employment Laws, 21 J. Marshall L. Rev. 181 (1987), Judith Gallo

UIC Law Review

No abstract provided.