Law Commons^™

Vol. 37, No. 4, Karl R. Ottosen

The Illinois Public Employee Relations Report

One Lawyer's Perspective on 2020 Public Sector Labor Relations and the Impact of Covid-19 and Race Relations

By Karl R. Ottosen

Recent Devlopements

What Is Nonmarriage?, Katharine Baker

All Faculty Scholarship

As rates of cohabitation rise, and marriage becomes a status reserved almost exclusively for socio-economic elites, the scholarly calls for family law to recognize more nonmarital families grow stronger by the day. This Article unpacks contemporary proposals to recognize more nonmarital families and juxtaposes those proposals with family law’s contemporary marital regime. Family law’s status-based system provides a mostly simple and efficient means of distributing resources at the end of a marriage by imposing a formulaic, but distinctly communitarian, non-market-based approach to obligation, entitlement, and value. In full, the Article defends family law’s status-based system for what it does well, …

Alt Labor? Why We Still Need Traditional Labor, Martin Malin

All Faculty Scholarship

With union density falling to alarmingly low levels and dropping, many have largely written off traditional business unionism and have turned to so-called alt-labor forms of worker empowerment, particularly worker centers. But traditional unions continue to provide valuable service to the workers they represent and to society as a whole. The union wage premium may not be as strong as it once was but it still remains and workers represented by unions are far more likely to have health and retirement benefits than their unrepresented counterparts. Moreover, it is through traditional transactional business unionism, that workers find protection from disagreeable …

Alt Labor? Why We Still Need Traditional Labor, Martin H. Malin

Chicago-Kent Law Review

No abstract provided.

On-Demand Drivers And The Right To Collective Bargaining: Why Seattle's Ordinance Does Not Violate Federal Antitrust Laws, Jacob Aleknavicius

Chicago-Kent Law Review

No abstract provided.

Rethinking The Federal Courts: Why Now Is Time For Congress To Revisit The Number Of Judges That Sit On Federal Appellate Panels, Mitchell W. Bild

Chicago-Kent Law Review

No abstract provided.

Zoning On Holy Ground: Developing A Coherent Factor-Based Analysis For Rluipa's Substantial Burden Provision, Andrew Willis

Chicago-Kent Law Review

No abstract provided.

Alt-Labor And Employment Law: Symposium Introduction, Michael M. Oswalt, Cesar F. Rosado Marzan

Chicago-Kent Law Review

No abstract provided.

Sustainable Alt-Labor, Catherine L. Fisk

Chicago-Kent Law Review

No abstract provided.

Interagency Merger Review In Labor Markets, Hiba Hafiz

Chicago-Kent Law Review

No abstract provided.

Short Strikes, Michael M. Oswalt

Chicago-Kent Law Review

No abstract provided.

Alt-Enforcers : The Emergence Of State Attorneys General As Workplace Rights Enforcers, Jane R. Flanagan

Chicago-Kent Law Review

No abstract provided.

Can Wage Boards Revive U.S. Labor?: Marshaling Evidence From Puerto Rico, Cesar F. Rosado Marzan

Chicago-Kent Law Review

No abstract provided.

College Athletes In Revenue-Generating Sports As Employees: A Look Into The Alt-Labor Future, Roberto L. Corrada

Chicago-Kent Law Review

No abstract provided.

The Emerging Law Of Portable Retirement Benefits, Paul M. Secunda

Chicago-Kent Law Review

No abstract provided.

Milking Outdated Laws: Alt-Labor As A Litigation Catalyst, Kati L. Griffith, Leslie C. Gates

Chicago-Kent Law Review

No abstract provided.

Union Decline And Labor Revival In The 21st Century United States, Ruth Milkman

Chicago-Kent Law Review

No abstract provided.

Nuisance Most Fowl: The Problem With Chicago's Permissive Livestock Ordinance And How To Fix It, Shelley Geiszler

Chicago-Kent Law Review

No abstract provided.

Betting On The Safety Act: How Relying On This Relatively Unknown Statute In Recent Litigation May Be A Gamble, Alec Kraus

Chicago-Kent Law Review

No abstract provided.

"She Was Surprised And Furious": Expatriation, Suffrage, Immigration, And The Fragility Of Women's Citizenship, 1907-1940, Felice Batlan

All Faculty Scholarship

This article stands at the intersection of women’s history and the history of citizenship, immigration, and naturalization laws. The first part of this article proceeds by examining the general legal status of women under the laws of coverture, in which married women’s legal existence was “covered” by that of their husbands. It then discusses the 1907 Expatriation Act, which resulted in women who were U.S. citizens married to non-U.S. citizens losing their citizenship. The following sections discuss how suffragists challenged the 1907 law in the courts and how passage of the Nineteenth Amendment—and with it a new concept of women’s …

Vol. 37, No. 3, Jerry J. Marzullo, Joseph Weishampel, David Grady

The Illinois Public Employee Relations Report

A Statement of Facts: The Reality of Public Safety Employee Pension Funds in the State of Illinois

Recent Developments

Table Of Contents

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Ai Patents: A Data Driven Approach, Brian S. Haney

Chicago-Kent Journal of Intellectual Property

While artificial intelligence (AI) research brings challenges, the resulting systems are no accident. In fact, academics, researchers, and industry professionals have been developing AI systems since the early 1900s. AI is a field uniquely positioned at the intersection of several scientific disciplines including computer science, applied mathematics, and neuroscience. The AI design process is meticulous, deliberate, and time-consuming – involving intensive mathematical theory, data processing, and computer programming. All the while, AI’s economic value is accelerating. As such, protecting the intellectual property (IP) springing from this work is a keystone for technology firms acting in competitive markets.

Two Centuries Of Trademark And Copyright Law: A Citation-Network-Analysis Approach, Joseph Scott Miller

Chicago-Kent Journal of Intellectual Property

The Supreme Court has decided many more patent cases than trademark or copyright cases. This is so not just in the past decade—the focus of the tenth annual Supreme Court IP Review at the Chicago-Kent College of Law, in September 2019—but in the past 20 decades. In gathering the entire body of the Court’s IP caselaw for study with cita-tion-network-analysis tools, I found that patent cases greatly outnum-ber trademark and copyright cases. Moreover, patent cases, especially patent and antitrust cases, dominate the metrics for the most central cases in the citation network.

Post-Ait Review Of Real Party In Interest Decisions, Stephanie M. Brooker, Robert Breetz, Matthew Johnson, Thomas Ritchie

Chicago-Kent Journal of Intellectual Property

Throughout the Patent Trial and Appeal Board’s (“PTAB”) history, patent owners have tried to leverage a petitioner’s alleged failure to name all real parties-in-interest (“RPIs”) as a way to achieve denial of an inter partes review (“IPR”) petition or trial termination. The effectiveness of those efforts has ebbed and flowed. Initially, some PTAB panels viewed naming of RPIs as a jurisdictional requirement, concluding that RPI-naming errors were not fixable after the 35 U.S.C. § 315(b) one-year bar. Petitioners could lose their petition filing date based on RPI missteps, resulting in then untimely petitions. Later decisions backed away from that hardline …

Ptab Table Of Contents

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Renegade Riders And The Marks They Love: Can The Government Tear That Patch Right Off Your Leather Jacket?, Angela M. Nieves

Chicago-Kent Journal of Intellectual Property

A collective membership mark is a type of non-commercial trademark used to identify and associate with something or someone. In February 2019, a California district court ruled that the government could not forcibly seize from the Mongols Motorcycle Club their prized collective membership marks, seemingly halting a ten-year legal tug of war. The court held that forfeiture of these marks was not only unconstitutional, it was illogical.

This Comment explains how and why expressive marks like the Mongols’ should not be automatically deemed off limits to the government. It proposes a trademark-specific doctrine to help courts draw a constitutional line …

Aesthetic Functionality At A Crossroads: What A Troublesome Doctrine Can Learn From Its Past, Xiaoren Wang

Chicago-Kent Journal of Intellectual Property

With the rise of branding and marketing, firms started using trade dress such as product features or packages to identify themselves. Some firms claim an exclusive trademark right on their trade dress. However, granting a trademark right to some trade dresses might hinder competition. For example, if one firm claims trademark on the heart-shaped candy box, it will prevent others from using the same package to compete in the Valentine’s Day sweets market. So U.S. courts developed a doctrine called aesthetic functionality to avoid the competition hindrance consequence. Aesthetic functionality refers to the situation where a trade dress has the …

Choosing The Consequences Of Tam And Brunetti, Alfred C. Yen

Chicago-Kent Journal of Intellectual Property

In Matal v. Tam and Iancu v. Brunetti, the Supreme Court did something it has never done before – namely apply strict First Amendment scrutiny to trademark law. This is a big deal. Many have argued, to relatively little effect, that intellectual property laws, like trademarks, raise serious free speech problems. It is therefore significant news for the Court to declare portions of the Lanham Act unconstitutional not once, but twice.

Copyright And Roster

Chicago-Kent Journal of Intellectual Property

No abstract provided.