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Full-Text Articles in Law

Women And Pension Reform: Economic Insecurity And Old Age, 35 J. Marshall L. Rev. 673 (2002), Lorraine Schmall Jan 2002

Women And Pension Reform: Economic Insecurity And Old Age, 35 J. Marshall L. Rev. 673 (2002), Lorraine Schmall

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 Jan 2002

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 …


The Digital Millennium Copyright Act: A Review Of The Law And The Court's Interpretation, 21 J. Marshall J. Computer & Info. L. 1 (2002), Neil A. Benchell Jan 2002

The Digital Millennium Copyright Act: A Review Of The Law And The Court's Interpretation, 21 J. Marshall J. Computer & Info. L. 1 (2002), Neil A. Benchell

UIC John Marshall Journal of Information Technology & Privacy Law

In this review of the Titles I and II of the Digital Millennium Copyright Act, the author first discusses recent case laws affecting the Act. Then, he analyzes sections of the Act, such as the anti-circumvention provisions, constitutionality of the Act, the ISP safe harbor provision, etc. Within each sectional reviews, the author discusses case laws that exemplify courts' interpretation of the Act. In the end, the author discusses the future of the Act. First, he argues that the Act would be challenged under constitutional grounds. The Framers of the Constitution never intended to grant a perpetual monopoly for copyright …


2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 21 J. Marshall J. Computer & Info. L. 99 (2002), Joe Heenan Jan 2002

2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 21 J. Marshall J. Computer & Info. L. 99 (2002), Joe Heenan

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 21 J. Marshall J. Computer & Info. L. 37 (2002), Jeffrey M. Brown, Matthew Knorr, Pat Magierski, Charles Lee Mudd Jr., Elizabeth A. Walsh Jan 2002

2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 21 J. Marshall J. Computer & Info. L. 37 (2002), Jeffrey M. Brown, Matthew Knorr, Pat Magierski, Charles Lee Mudd Jr., Elizabeth A. Walsh

UIC John Marshall Journal of Information Technology & Privacy Law

In this moot court competition bench memo, the Supreme Court the state of Marshall has three issues to decide: (1) whether the Court of Appeals erred in holding that the Plaintiff failed to established the requisite elements to evidence a theory of intrusion upon seclusion as defined by the Restatement of Torts; (2) whether the Court of Appeals erred in holding that the Defendant’s statements to third parties were not defamatory but rather opinions or fair comment; and (3) whether the Court of Appeals erred in applying a strict breach of contract analysis to Plaintiff’s claim for deceptive business practices, …


2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 21 J. Marshall J. Computer & Info. L. 59 (2002), Sheri L. Caldwell Jan 2002

2002 John Marshall National Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 21 J. Marshall J. Computer & Info. L. 59 (2002), Sheri L. Caldwell

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


An "Opposition" To The Recently-Proposed Legislation Related To Business Model Patents, 20 J. Marshall J. Computer & Info. L. 397 (2002), Gregory J. Maier, Thomas J. Fisher, Philippe J. C. Signore Jan 2002

An "Opposition" To The Recently-Proposed Legislation Related To Business Model Patents, 20 J. Marshall J. Computer & Info. L. 397 (2002), Gregory J. Maier, Thomas J. Fisher, Philippe J. C. Signore

UIC John Marshall Journal of Information Technology & Privacy Law

The authors in this article review the history of the business method exception before and after the State Street Bank case. In that case, the Court of Appeals for the Federal Circuit decided that there was no business method exception, and never had been. The court pointed out that previous decisions were decided on other grounds found in the statutes. The authors argue that, because of the timing and economic environment of the decision, the case gained much popularity and discussion. However, the patent law has not changed since then and the business method exception is still not a patentable …


Transnational Evidence Gathering And Local Prosecution Of International Cybercrime, 20 J. Marshall J. Computer & Info. L. 347 (2002), Susan W. Brenner, Joseph J. Schwerha Iv Jan 2002

Transnational Evidence Gathering And Local Prosecution Of International Cybercrime, 20 J. Marshall J. Computer & Info. L. 347 (2002), Susan W. Brenner, Joseph J. Schwerha Iv

UIC John Marshall Journal of Information Technology & Privacy Law

By analyzing two high-profile cybercrime cases, the authors discuss legal and procedural issues involved when gathering evidence across national borders. In US v. Gorshkov, the FBI was asked to investigate a series of intrusions into the computer systems of businesses in the US from Russia. The second incident is when system administrators at the Rom Air Development Center at Griffis Air Force Base in New York discovered hackers had installed password sniffer programs on all system networks. One of the hackers was identified to be a British citizen. The first thing to start a transnational evidence gathering is to determine …


E-Korean Dsl Policy: Implications For The United States, 20 J. Marshall J. Computer & Info. L. 417 (2002), Junseong An Jan 2002

E-Korean Dsl Policy: Implications For The United States, 20 J. Marshall J. Computer & Info. L. 417 (2002), Junseong An

UIC John Marshall Journal of Information Technology & Privacy Law

In a comparative study of the DSL service developments between the US and South Korea, the author discusses the strength of South Korea in this regard and how the US counterpart can learn from the examples. First, the author argues the laws and regulations in South Korea make the DSL deployment flourish. The urban development in Seoul, for example, gets people "wired" easier and cheaper as city dwellers live in multi-dwelling units. In addition, the forward thinking of the South Korean government in laying the Korean Information Infrastructure culminates this rapid development. With a comprehensive plan in place, the economics …


O' Big Brother Where Art Thou?: The Constitutional Use Of Facial-Recognition Technology, 20 J. Marshall J. Computer & Info. L. 471 (2002), Susan Mccoy Jan 2002

O' Big Brother Where Art Thou?: The Constitutional Use Of Facial-Recognition Technology, 20 J. Marshall J. Computer & Info. L. 471 (2002), Susan Mccoy

UIC John Marshall Journal of Information Technology & Privacy Law

How to balance the protection of personal privacy and security in light of the use of facial recognition technology? The author argues that the use of facial recognition technology does not violate individual's Fourth Amendment rights to privacy. First, there is no reasonable expectation of privacy in public places. Second, the database used only contains the identities of known criminal and terrorists. Third, facial recognition technology only facilitates existing methods of screening and comparing mug shots of known criminals on the street. With these arguments, the author proposes suggestions to legislations that cover facial recognition or other biometric technologies. In …


Cybersurgery: Innovation Or A Means To Close Community Hospitals And Displace Physicians?, 20 J. Marshall J. Computer & Info. L. 495 (2002), Thomas R. Mclean Jan 2002

Cybersurgery: Innovation Or A Means To Close Community Hospitals And Displace Physicians?, 20 J. Marshall J. Computer & Info. L. 495 (2002), Thomas R. Mclean

UIC John Marshall Journal of Information Technology & Privacy Law

Cybersurgery is a surgical technique that allows a surgeon, using a telecommunication conduit connected to a robotic instrument, to operate on a remote patient. As a medical doctor, the author discusses the place of cybersurgery in the U.S. health care system of the new millennium. The author first reviews the field of cybersurgery and how the automatic surgeon will make off-line remote surgery possible. Then, he examines the global economy in health care systems and the impact of cybersurgery on closure of community hospitals and displacing physicians. Consequently, he discusses the ability of these entities to protect themselves with trade …


In Re Mastercard International, Inc.: The Inapplicability Of The Wire Act To Tradistional Casino-Style Games, 20 J. Marshall J. Computer & Info. L. 445 (2002), Elizabeth A. Walsh Jan 2002

In Re Mastercard International, Inc.: The Inapplicability Of The Wire Act To Tradistional Casino-Style Games, 20 J. Marshall J. Computer & Info. L. 445 (2002), Elizabeth A. Walsh

UIC John Marshall Journal of Information Technology & Privacy Law

Using the online gambling and gaming as the background, the author discusses the impact of the Wire Communications Act of 1961 and the Racketeer Influenced and Corrupt Organizations Act (RICO) on the gaming industry. The story goes like this: Bob stumbled upon an online gambling Web site. While excited, he charges his credit card to open a gambling account with the site. He did not need to leave home to enjoy this great adventure. However, when the luck runs out, Bob realizes he has $3,000 in debt. Unwilling to pay, Bob decides to sue someone. In the end, Bob decides …


A Digital Free Trade Zone And Necessarily-Regulated Self-Governance For Electronic Commerce: The World Trade Organization, International Law, And Classical Liberalism In Cyberspace, 20 J. Marshall J. Computer & Info. L. 595 (2002), Kristi L. Bergemann Jan 2002

A Digital Free Trade Zone And Necessarily-Regulated Self-Governance For Electronic Commerce: The World Trade Organization, International Law, And Classical Liberalism In Cyberspace, 20 J. Marshall J. Computer & Info. L. 595 (2002), Kristi L. Bergemann

UIC John Marshall Journal of Information Technology & Privacy Law

In the absence of a world government, cross border trade is always subject to rules that must be politically negotiated among nations that are sovereign in their own realm but not outside their borders. The author explores the development of an international trade and e-commerce paradigm in two main phases as the Internet superhighway bridges nations together. She argues that the construction of an international trading framework must strike the appropriate balance between institutional order and norms and the human and business realities of free trade and democracy. She further argues that the balance can be achieved by creating an …


Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane Jan 2002

Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane

UIC Law Review

No abstract provided.


Winning The Battle, But Losing The War: Purported Age Discrimination May Discourage Employers From Providing Retiree Medical Benefits, 35 J. Marshall L. Rev. 709 (2002), Christopher E. Condeluci Jan 2002

Winning The Battle, But Losing The War: Purported Age Discrimination May Discourage Employers From Providing Retiree Medical Benefits, 35 J. Marshall L. Rev. 709 (2002), Christopher E. Condeluci

UIC Law Review

No abstract provided.


International Trade And Labor: Leveling Up Or Down, 35 J. Marshall L. Rev. 227 (2002), Don Turner, Willard A. Workman, Ira Arlook Jan 2002

International Trade And Labor: Leveling Up Or Down, 35 J. Marshall L. Rev. 227 (2002), Don Turner, Willard A. Workman, Ira Arlook

UIC Law Review

No abstract provided.


Avoiding The Un-Real Estate Deal: Has The Uniform Electronic Transactions Act Gone Too Far?, 35 J. Marshall L. Rev. 311 (2002), Derek Witte Jan 2002

Avoiding The Un-Real Estate Deal: Has The Uniform Electronic Transactions Act Gone Too Far?, 35 J. Marshall L. Rev. 311 (2002), Derek Witte

UIC Law Review

No abstract provided.


Another Look At 401(K) Plan Investments In Employer Securities, 35 J. Marshall L. Rev. 539 (2002), Susan J. Stabile Jan 2002

Another Look At 401(K) Plan Investments In Employer Securities, 35 J. Marshall L. Rev. 539 (2002), Susan J. Stabile

UIC Law Review

No abstract provided.


Crossroads: Modern Contract Dissatisfaction As Applied To Songwriter And Recording Agreements, 35 J. Marshall L. Rev. 795 (2002), Todd M. Murphy Jan 2002

Crossroads: Modern Contract Dissatisfaction As Applied To Songwriter And Recording Agreements, 35 J. Marshall L. Rev. 795 (2002), Todd M. Murphy

UIC Law Review

No abstract provided.


E.R.I.S.A. Subrogation As Interpreted Within The Seventh Circuit - A Roadmap For Managing First Dollar Recovery, 35 J. Marshall L. Rev. 765 (2002), Gregory Pitts Jan 2002

E.R.I.S.A. Subrogation As Interpreted Within The Seventh Circuit - A Roadmap For Managing First Dollar Recovery, 35 J. Marshall L. Rev. 765 (2002), Gregory Pitts

UIC Law Review

No abstract provided.


The Courts' Inconsistent Treatment Of Bethel V. Fraser And The Curtailment Of Student Rights, 36 J. Marshall L. Rev. 181 (2002), David L. Hudson Jan 2002

The Courts' Inconsistent Treatment Of Bethel V. Fraser And The Curtailment Of Student Rights, 36 J. Marshall L. Rev. 181 (2002), David L. Hudson

UIC Law Review

No abstract provided.


The Draft Hague Convention On Jurisdiction And Enforcement Of Judgments And The Internet-A New Jurisdictional Framework, 36 J. Marshall L. Rev. 223 (2002), Kristen Hudson Clayton Jan 2002

The Draft Hague Convention On Jurisdiction And Enforcement Of Judgments And The Internet-A New Jurisdictional Framework, 36 J. Marshall L. Rev. 223 (2002), Kristen Hudson Clayton

UIC Law Review

No abstract provided.


Section 43(A) Of The Shakespeare Canon Of Statutory Construction: The Beverly W. Pattishall Inaugural Lecture In Trademark Law, 1 J. Marshall Rev. Intell. Prop. L. 179 (2002), John Paul Stevens Jan 2002

Section 43(A) Of The Shakespeare Canon Of Statutory Construction: The Beverly W. Pattishall Inaugural Lecture In Trademark Law, 1 J. Marshall Rev. Intell. Prop. L. 179 (2002), John Paul Stevens

UIC Review of Intellectual Property Law

Beverly Pattishall is a name that has secondary meaning for law students, for veteran trial lawyers—especially those seeking a more courteous and collegial bar—and for bar associations at the local, the national, and indeed the international level. It is fitting that a lecture series be dedicated to a quintessential “scholar and gentleman.” The Shakespeare Canon of Statutory Construction, like all of Shakespeare’s plays, contains five parts: Read the statute; read the entire statute; read the statute in its contemporary context; if necessary, consult the legislative history; and, finally, use your common sense. Section 43(a) of the Lanham Act has required …


"Unitorrial" Marks And The Global Economy, 1 J. Marshall Rev. Intell. Prop. L. 191 (2002), Doris E. Long Jan 2002

"Unitorrial" Marks And The Global Economy, 1 J. Marshall Rev. Intell. Prop. L. 191 (2002), Doris E. Long

UIC Review of Intellectual Property Law

The early decades of the 21st Century may well become known in the annals of intellectual property development as the period when “everything old is new again.” There is one ancient doctrine that has not yet enjoyed a similar renaissance, despite its clear application to today’s new, global, digital economy. It is the old (and currently discredited) view that trademarks and other commercial symbols are universal in nature. First given credence in early US cases regarding the importation of grey market, or parallel imports, the doctrine of universality was gradually replaced by a view of trademarks as creatures of nation …


On Red-Haired Waitresses, Shakespeare, And Product Configuration: A Response To Justice Stevens, 1 J. Marshall Rev. Intell. Prop. L. 218 (2002), Kenneth L. Port Jan 2002

On Red-Haired Waitresses, Shakespeare, And Product Configuration: A Response To Justice Stevens, 1 J. Marshall Rev. Intell. Prop. L. 218 (2002), Kenneth L. Port

UIC Review of Intellectual Property Law

Justice John Paul Stevens’ Inaugural Lecture in Trademark Law honoring Beverly Pattishall truly is a memorable read. Justice Stevens has provided a clear rationale for the Supreme Court’s most recent line of trade dress cases that most thought impossible. In fact, most have not even thought that there was a rationale, let alone a clear one, to a line of cases where the Court seems to be straining to balance the competing interests in American trademark jurisprudence. Rather than the arbitrary conclusion reached by the Supreme Court in distinguishing product configuration from product packaging, most commentators have recommended a more …


An Enzo White Paper: A New Judicial Standard For A Biotechnology "Written Description" Under 35 U.S.C. § 112, ¶ 1, 1 J. Marshall Rev. Intell. Prop. L. 254 (2002), Harold C. Wegner Jan 2002

An Enzo White Paper: A New Judicial Standard For A Biotechnology "Written Description" Under 35 U.S.C. § 112, ¶ 1, 1 J. Marshall Rev. Intell. Prop. L. 254 (2002), Harold C. Wegner

UIC Review of Intellectual Property Law

The April 2, 2002, Federal Circuit opinion in Enzo Biochem, Inc. v. Gen-Probe Inc., may have the greatest potential impact on a multidimensional basis of any decision from that court in recent years. Far more important than whatever disruption takes place domestically—which may be fixed through Congressional or further judicial action—one must look to the foreign impact of the Enzo opinion. This decision threatens to undermine the patent basis for American protection of biotechnology inventions abroad, once the case is understood and embodied in the several foreign patent laws. Problems with Enzo are not limited to biotechnology. What’s good for …


The Nexus Requirement And The Fatal Injury: Does An Offer To Sell An Infringing Product Give Rise To A Duty To Defend Under A Cgl?, 1 J. Marshall Rev. Intell. Prop. L. 344 (2002), Willard L. Hemsworth Iii Jan 2002

The Nexus Requirement And The Fatal Injury: Does An Offer To Sell An Infringing Product Give Rise To A Duty To Defend Under A Cgl?, 1 J. Marshall Rev. Intell. Prop. L. 344 (2002), Willard L. Hemsworth Iii

UIC Review of Intellectual Property Law

Case law in the area of patent infringement has held that patent infringement cannot occur in the course of an insured's advertising activities as a matter of law. In 1996, the United States added “offer to sell” as one of the enumerated offenses of direct patent infringement to 35 U.S.C. §271(a). Since that time, there has been little deviation or fluctuation from the above mentioned principle, especially in litigation where a patentee’s search for insurance coverage from their CGL policies “Adverting Injury” provision. This Comment discusses the necessity of the court system to reexamine the modification to 35 U.S.C. §271(a), …


Prosecution Laches As A Defense To Infringement: Just In Case There Are Any More Submarines Under Water, 1 J. Marshall Rev. Intell. Prop. L. 383 (2002), Gregory F. Sutthiwan Jan 2002

Prosecution Laches As A Defense To Infringement: Just In Case There Are Any More Submarines Under Water, 1 J. Marshall Rev. Intell. Prop. L. 383 (2002), Gregory F. Sutthiwan

UIC Review of Intellectual Property Law

The comment examines prosecution history laches as an infringement defense in the context of the pending litigation against the Jerome Lemelson Medical Education & Research Foundation. Jerome Lemelson amassed over five hundred patents during his lifetime. Of these, a few key patents have priority based on initial disclosures over forty years ago. Through multiple continuances however, the patents were not issued until decades later and are thus currently enforceable. Lemelson’s foundation has been aggressively seeking royalties based on these, so called “submarine patents,” against bar-code technology users. This comment discusses the problems posed by “submarine patents” and proposes guidelines for …


Effective Appellate Practice Before The Federal Circuit, 2 J. Marshall Rev. Intell. Prop. L. 1 (2002), Richard Linn Jan 2002

Effective Appellate Practice Before The Federal Circuit, 2 J. Marshall Rev. Intell. Prop. L. 1 (2002), Richard Linn

UIC Review of Intellectual Property Law

Like our sister appellate courts, we are a “court of errors.” We do not re-try cases. Our charge is to review proceedings in the courts and administrative agencies over which we have appellate jurisdiction and to correct errors that affect the outcome of those proceedings. Our ability to do that effectively and efficiently depends in large measure on how well the members of the practicing bar bring the errors to our attention for adjudication. To assist the bar in this task, I make the following observations and offer a few suggestions on what I have learned about effective appellate practice …


The Genetic Age: Who Owns The Genome?: A Symposium On Intellectual Property And The Human Genome, 2 J. Marshall Rev. Intell. Prop. L. 6 (2002), Scott A. Brown, Q. Todd Dickinson, Stephen P.A. Fodor, Justin Gillis, Lee H. Hamilton, Eric S. Lander, Pilar Ossorio Jan 2002

The Genetic Age: Who Owns The Genome?: A Symposium On Intellectual Property And The Human Genome, 2 J. Marshall Rev. Intell. Prop. L. 6 (2002), Scott A. Brown, Q. Todd Dickinson, Stephen P.A. Fodor, Justin Gillis, Lee H. Hamilton, Eric S. Lander, Pilar Ossorio

UIC Review of Intellectual Property Law

A Symposium on Intellectual Property Co-Sponsored by The Woodrow Wilson Center. Featuring the remarks of Scott A. Brown, J.D.; Q. Todd Dickinson, J.D.; Stephen P.A. Fodor, Ph.D.; Justin Gillis; Hon. Lee H. Hamilton; Eric S. Lander, Ph.D.; and Pilar Ossorio, Ph.D., J.D.