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Articles 1 - 30 of 96
Full-Text Articles in Law
Senior Housing Research Project: Findings And Conclusion (2007), John Marshall Law School Fair Housing Legal Support Center
Senior Housing Research Project: Findings And Conclusion (2007), John Marshall Law School Fair Housing Legal Support Center
UIC Law White Papers
No abstract provided.
Scalia's Poker: Puzzles And Mysteries In Constitutional Interpretation, 24 Const. Comment. 663 (2007), Timothy P. O'Neill
Scalia's Poker: Puzzles And Mysteries In Constitutional Interpretation, 24 Const. Comment. 663 (2007), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Parol Evidence Under The Cisg: The "Homeward Trend" Reconsidered, 68 Ohio St. L.J. 133 (2007), Karen H. Cross
Parol Evidence Under The Cisg: The "Homeward Trend" Reconsidered, 68 Ohio St. L.J. 133 (2007), Karen H. Cross
UIC Law Open Access Faculty Scholarship
The CISG has been described as one of history 's most successful attempts to harmonize international commercial law. Consistent with its goal of harmonizing the law of international sales, Article 7(1) of the CISG instructs courts and arbitrators to interpret the Convention in light of "its international character and the need to promote uniformity in its application. " MCC-Marble v. Ceramica Nuova D'Agostina is a U.S. decision that has been praised for its adherence to Article 7(1). In contrast with conventional academic commentary, which praises MCC-Marble and criticizes the tendency of courts to interpret the CISG in light of their …
No Right To Respect: Dred Scott And The Southern Honor Culture, 42 New Eng. L. Rev. 79 (2007), Cecil J. Hunt Ii
No Right To Respect: Dred Scott And The Southern Honor Culture, 42 New Eng. L. Rev. 79 (2007), Cecil J. Hunt Ii
UIC Law Open Access Faculty Scholarship
This Article reflects on the infamous decision in Dred Scott v. Sanford, 60 U.S. (19 How.) 393 (1857), in which the Supreme Court of the United States upheld the constitutionality of slavery. This Article considers this infamous case and the distance the nation has come since it was decided as well as its continuing legacy on the contemporary American struggle for racial equality. In Dred Scott the Court held that slavery was constitutional because it was consistent with the intent of the Framers and because black people were "a subordinate and inferior class of beings who... whether emancipated or not.., …
Vertical Flip, 13 Tex. Wesleyan L. Rev. 729 (2007), Allen R. Kamp
Vertical Flip, 13 Tex. Wesleyan L. Rev. 729 (2007), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
Darfur, The Authority Of Law, And Unilateral Humanitarian Intervention, 39 U. Tol. L. Rev. 97 (2007), Samuel Vincent Jones
Darfur, The Authority Of Law, And Unilateral Humanitarian Intervention, 39 U. Tol. L. Rev. 97 (2007), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
No abstract provided.
An Empirical Analysis Of The Confirmation Hearings Of The Justices Of The Rehnquist Natural Court, 24 Const. Comment. 127 (2007), Jason J. Czarnezki, William K. Ford, Lori A. Ringhand
An Empirical Analysis Of The Confirmation Hearings Of The Justices Of The Rehnquist Natural Court, 24 Const. Comment. 127 (2007), Jason J. Czarnezki, William K. Ford, Lori A. Ringhand
UIC Law Open Access Faculty Scholarship
No abstract provided.
Copyright Under Siege: An Economic Analysis Of The Essential Facilities Doctrine And The Compulsory Licensing Of Copyrighted Works, 17 Alb. L.J. Sci. & Tech. 481 (2007), Daryl Lim
UIC Law Open Access Faculty Scholarship
No abstract provided.
Crimes Against Humanity At The Extraordinary Chambers In The Courts Of Cambodia: Is A Connection With Armed Conflict Required, 24 Ucla Pac. Basin L.J. 125 (2007), Stuart K. Ford
UIC Law Open Access Faculty Scholarship
No abstract provided.
Dissonant Harmonization: Limitations On "Cash N' Carry" Creativity, 70 Alb. L. Rev. 1163 (2007), Doris E. Long
Dissonant Harmonization: Limitations On "Cash N' Carry" Creativity, 70 Alb. L. Rev. 1163 (2007), Doris E. Long
UIC Law Open Access Faculty Scholarship
Even though creativity lies at the heart of present copyright laws, the impulse to create-or more precisely what triggers such creativity-remains largely unexamined. Coinciding with the digital demand for access to information, new standards for "cash 'n' carry" creativity are being urged with little regard to what level of authorial3 control may be required to ensure continued enrichment of the public domain through the creation of vibrant new works. Scientific, psychological, and sociological studies indicate that "cash 'n' carry" creativity fails to implement the critical triggering mechanisms for the creative impulse. Moreover, such "cash 'n' carry" attitudes toward authors' rights …
Faces Of Open Courts And The Civil Right To Counsel, 37 U. Balt. L. Rev. 21 (2007), Steven D. Schwinn
Faces Of Open Courts And The Civil Right To Counsel, 37 U. Balt. L. Rev. 21 (2007), Steven D. Schwinn
UIC Law Open Access Faculty Scholarship
No abstract provided.
Messages From The Front: Hard Earned Lessons On Information Security From The Ip Wars, 16 Mich. St. J. Int'l L. 71 (2007), Doris E. Long
Messages From The Front: Hard Earned Lessons On Information Security From The Ip Wars, 16 Mich. St. J. Int'l L. 71 (2007), Doris E. Long
UIC Law Open Access Faculty Scholarship
Cyberspace is often a battlefield with a wide array of armies posed to challenge one another across the increasing array of rhetoric and technology that has made it such a potent arena for global digital commerce. Perry Barlow's infamous demand that cyberspace be left to its own devices because of its unique unregulated nature may have been answered by Larry Lessig's reply that code may in fact be used to regulate cyberspace, but the reality is that social norming demands, the evanescence of technological controls, and the perceived utility of illicit conduct utilizing the internet make any regulation problematic at …
"The Stepford Justices": The Need For Experiential Diversity On The Roberts Court, 60 Okla. L. Rev. 701 (2007), Timothy P. O'Neill
"The Stepford Justices": The Need For Experiential Diversity On The Roberts Court, 60 Okla. L. Rev. 701 (2007), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
A Proposal To Amend Rule 407 Of The Federal Rules Of Evidence To Conform With The Underlying Relevancy Rationale For The Rule In Negligence And Strict Liability Actions, 3 Seton Hall Cir. Rev. 435 (2007), Ralph Ruebner, Eugene Goryunov
A Proposal To Amend Rule 407 Of The Federal Rules Of Evidence To Conform With The Underlying Relevancy Rationale For The Rule In Negligence And Strict Liability Actions, 3 Seton Hall Cir. Rev. 435 (2007), Ralph Ruebner, Eugene Goryunov
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Troll Next Door, 6 J. Marshall Rev. Intell. Prop. L. 292 (2007), Jennifer Kahaulelio Gregory
The Troll Next Door, 6 J. Marshall Rev. Intell. Prop. L. 292 (2007), Jennifer Kahaulelio Gregory
UIC Review of Intellectual Property Law
The term Patent Troll is increasingly permeating news headlines. This comment explains where the term came from and how the changing landscape of patent enforcement has contributed to the evolution of the Patent Troll. Some have suggested that segregating Patent Trolls from other patent enforcers will solve many of the patent system’s woes. This comment analyzes proposed ways of distinguishing Patent Trolls and reveals them all as prejudicial and ineffective. The use of the term Patent Troll is a mask for underlying fears based on real shortcomings in the patent system, which need to be addressed.
Toward A Pluralistic Theory On An Efficacious Patent Institution, 6 J. Marshall Rev. Intell. Prop. L. 220 (2007), Nari Lee
UIC Review of Intellectual Property Law
Time and time again, scholars have attempted to assess the efficacy of the intellectual property institution; these attempts have created a vast amount of literature. As impressive as the volume of work is that has been generated on this issue, so is the absence of a generally applicable theory of intellectual property, which either claims or disclaims the efficacy of the intellectual property institution. This article questions the existence of a general definition of efficiency that is applicable to the assessment of the patent institution. While it is true that the efficiency as applied to specific cases may be definable …
The Preserve Access To Affordable Generics Act: Will Congress's Response To Reverse Payment Patent Settlements Enhance Competition In The Pharmaceutical Market?, 7 J. Marshall Rev. Intell. Prop. L. 150 (2007), Reza Bagherian
UIC Review of Intellectual Property Law
In response to the Supreme Court’s failure to grant writ of certiorari to Federal Trade Commission v. Schering-Plough Corp., Congress proposed the Preserve Access to Affordable Generics Act to once again amend the Hatch-Waxman Act of 1984. Traditionally, the courts have used two antitrust standards, the rule of reason and the per se illegal rule, to determine whether a reverse payment patent settlement restrains trade. In Schering-Plough, the Eleventh Circuit articulated a third standard and held the reverse payment settlements between a pioneer drug company and two generic drug companies valid. This article proposes that traditional analysis of the rule …
Facilitated Plagiarism: The Saga Of Term-Paper Mills And The Failure Of Legislation And Litigation To Control Them, 52 Vill. L. Rev. 21 (2007), Darby Dickerson
Facilitated Plagiarism: The Saga Of Term-Paper Mills And The Failure Of Legislation And Litigation To Control Them, 52 Vill. L. Rev. 21 (2007), Darby Dickerson
UIC Law Open Access Faculty Scholarship
No abstract provided.
Reply Brief Of Appellants, Bloch V. Frischholz, 587 F.3d 771 (7th Cir. 2009) (No. 06-3376), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic
Reply Brief Of Appellants, Bloch V. Frischholz, 587 F.3d 771 (7th Cir. 2009) (No. 06-3376), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Brief Of Amicus Curiae, In Support Of Neither Party, Supporting Reversal, Smart V. International Brotherhood Of Electrical Workers, Docket No. 07-4088, 562 F.3d 798 (Seventh Circuit Court Of Appeals 2009), Gerald E. Berendt
Court Documents and Proposed Legislation
No abstract provided.
Brief Of Appellants In Support Of Reversal Of District Court Decision In Favor Of Defendants' Motion For Summary Judgment, Bloch V. Frischholz, Docket No. 06-3376, 533 F.3d 562, 587 F.3d 771 (Seventh Circuit Court Of Appeals 2009), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic
Brief Of Appellants In Support Of Reversal Of District Court Decision In Favor Of Defendants' Motion For Summary Judgment, Bloch V. Frischholz, Docket No. 06-3376, 533 F.3d 562, 587 F.3d 771 (Seventh Circuit Court Of Appeals 2009), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Application Service Providing, Copyright, And Licensing, 25 J. Marshall J. Computer & Info. L. 79 (2007), Michael P. Widmer
Application Service Providing, Copyright, And Licensing, 25 J. Marshall J. Computer & Info. L. 79 (2007), Michael P. Widmer
UIC John Marshall Journal of Information Technology & Privacy Law
Application Service Providing ("ASP"), where a vendor hosts a software application on her server and grants customers access to the application over a network -- without the software application itself being installed on the user’s computer -- is used by many, e.g. in the form of Web based e-mail services, and grows ever more important. This article argues that although ASP mainly raises questions (i) that come up in the context of traditional use of computer programs; or (ii) that have been addressed in the context of online use of works other than software, ASP has significantly different copyright implications …
Ict And Employer-Employee Power Dynamics: A Comparative Perspective Of United States' And Netherlands' Workplace Privacy In Light Of Information And Computer Technology Monitoring And Positioning Of Employees, 25 J. Marshall J. Computer & Info. L. 37 (2007), Colette Cuijpers
UIC John Marshall Journal of Information Technology & Privacy Law
Employees can cause harm to their employers through Information and Computer Technology (ICT) in employment relationships; for example, through surfing for adult material on the Internet or leaking company secrets via a mobile phone. Employers have responded to this development by introducing various surveillance systems. Besides well-known forms of Internet and e-mail surveillance, positioning systems are becoming a new trend. The influence these systems have on the employment relationship can be far-reaching, as they offer the employer an insight into the employee’s whereabouts, outside the company premises as well as outside company hours. As a consequence, the boundaries between the …
The Fda And The Future Of The Brain-Computer Interface: Adapting Fda Device Law To The Challenges Of Human-Machine Enhancement, 25 J. Marshall J. Computer & Info. L. 117 (2007), Eric Chan
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Slingbox: Copyright, Fair Use, And Access To Television Programming Anywhere In The World, 25 J. Marshall J. Computer & Info. L. 187 (2007), Shekar Sathyanarayana
Slingbox: Copyright, Fair Use, And Access To Television Programming Anywhere In The World, 25 J. Marshall J. Computer & Info. L. 187 (2007), Shekar Sathyanarayana
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Angling For A Fair Standard: A Recommendation For A Narrowly Tailored Non-Profit Exemption To The Closed Captioning Requirements, 25 J. Marshall J. Computer & Info. L. 165 (2007), Joshua Pila
UIC John Marshall Journal of Information Technology & Privacy Law
In late 2006, the FCC’s Consumer and Government Affairs Bureau (“CGB”) issued the Anglers Order, providing a wholesale exemption for non-profit entities seeking to avoid the strictures of the Commission’s closed captioning rules. Disability advocates quickly criticized the Anglers Order on administrative law and communications law grounds. This paper avoids administrative law and communications law issues, but instead criticizes the Anglers Order on non-profit law and policy grounds. The paper then recommends and supports a post-application, narrowly-tailored financial test, automatically exempting A) non-profit organizations, with B) less than $25,000 in annual revenue, who C) receive no financial compensation for airing …
From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, 25 J. Marshall J. Computer & Info. L. 1 (2007), Robert D. Sprague
From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, 25 J. Marshall J. Computer & Info. L. 1 (2007), Robert D. Sprague
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Secrets, Lies & Erisa: The Social Ethics Of Misrepresentations And Omissions In Summary Plan Descriptions, 40 J. Marshall L. Rev. 731 (2007), Alison Mcmorran Sulentic
Secrets, Lies & Erisa: The Social Ethics Of Misrepresentations And Omissions In Summary Plan Descriptions, 40 J. Marshall L. Rev. 731 (2007), Alison Mcmorran Sulentic
UIC Law Review
No abstract provided.
What Process Is Due In The Adjudication Of Erisa Claims?, 40 J. Marshall L. Rev. 811 (2007), Mark D. Debofsky
What Process Is Due In The Adjudication Of Erisa Claims?, 40 J. Marshall L. Rev. 811 (2007), Mark D. Debofsky
UIC Law Review
No abstract provided.
Theseus, The Labyrinth, And The Ball Of String: Navigating The Regulatory Maze To Ensure Enforceability Of Tribal Gaming Contracts, 40 J. Marshall L. Rev. 1123 (2007), Heidi Mcneil Staudenmaier, Ruth K. Khalsa
Theseus, The Labyrinth, And The Ball Of String: Navigating The Regulatory Maze To Ensure Enforceability Of Tribal Gaming Contracts, 40 J. Marshall L. Rev. 1123 (2007), Heidi Mcneil Staudenmaier, Ruth K. Khalsa
UIC Law Review
No abstract provided.