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Full-Text Articles in Law

The Sprouting Of Human Rights Initiatives In The Midst Of A Storm Of Resistance To Refugees, Sarah Dávila A. Jul 2017

The Sprouting Of Human Rights Initiatives In The Midst Of A Storm Of Resistance To Refugees, Sarah Dávila A.

UIC Law Open Access Faculty Scholarship

No abstract provided.


Article Xiv, Section 3 Of The Illinois Constitution: A Limited Initiative To Amend The Article On The Legislature, 48 Loy. U. Chi. L.J. 899 (2017), Ann Lousin Jan 2017

Article Xiv, Section 3 Of The Illinois Constitution: A Limited Initiative To Amend The Article On The Legislature, 48 Loy. U. Chi. L.J. 899 (2017), Ann Lousin

UIC Law Open Access Faculty Scholarship

No abstract provided.


Protective Plan Provisions For Employer-Sponsored Employee Benefits Plans, 18 Marq. Ben. & Soc. Welfare L. Rev. 1 (2017), Kathryn J. Kennedy Jan 2017

Protective Plan Provisions For Employer-Sponsored Employee Benefits Plans, 18 Marq. Ben. & Soc. Welfare L. Rev. 1 (2017), Kathryn J. Kennedy

UIC Law Open Access Faculty Scholarship

No abstract provided.


Communication Conundrums: Theories About And Tips For Effective Decanal Communication, 48 U. Tol. L. Rev. 211 (2017), Darby Dickerson, Marjorie Buckner Jan 2017

Communication Conundrums: Theories About And Tips For Effective Decanal Communication, 48 U. Tol. L. Rev. 211 (2017), Darby Dickerson, Marjorie Buckner

UIC Law Open Access Faculty Scholarship

Clear and effective communication is essential for any organization, including a law school, to operate effectively. But communication is often one of the trickiest skills a law dean must seek to master. Once a person adds “Dean” to the front of his or her name, communication norms change. A dean must be sensitive to power structures—whether real or perceived— that exist within the law school. A dean also must be vigilant about how she communicates with others, and how others communicate on her behalf. And she must understand that people will communicate differently with her than with others in the …


What Investigative Resources Does The International Criminal Court Need To Succeed?: A Gravity-Based Approach, 16 Wash. U. Global Stud. L. Rev. 1 (2017), Stuart Ford Jan 2017

What Investigative Resources Does The International Criminal Court Need To Succeed?: A Gravity-Based Approach, 16 Wash. U. Global Stud. L. Rev. 1 (2017), Stuart Ford

UIC Law Open Access Faculty Scholarship

There is an ongoing debate about what resources the International Criminal Court (ICC) needs to be successful. On one side of this debate are many of the Court’s largest funders, including France, Germany, Britain, Italy, and Japan. They have repeatedly opposed efforts to increase the Court’s resources even as its workload has increased dramatically in recent years. On the other side of the debate is the Court itself and many of the Court’s supporters within civil society. They have taken the position that it is underfunded and does not have sufficient resources to succeed. This debate has persisted for years …


Beyond Canterbury: Can Medicine And Law Agree About Informed Consent? And Does It Matter?, 45 J.L. Med. & Ethics 106 (2017), Marc Ginsberg Jan 2017

Beyond Canterbury: Can Medicine And Law Agree About Informed Consent? And Does It Matter?, 45 J.L. Med. & Ethics 106 (2017), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

For those of us whose scholarship focuses on medico-legal jurisprudence, the law of informed consent is a gift. It has been a fertile topic of discussion for decades, with no end in sight. Although it is not difficult to acknowledge that patient autonomy is at the core of informed consent, the doctrine is not static - it has evolved in scope and continues to engage courts in thought provoking analysis.


Insuring Bias: Does Evidence Of Common Insurance Demonstrate Relevant Expert Witness Bias In Medical Negligence Litigation?, 55 Duq. L. Rev. 339 (2017), Marc Ginsberg Jan 2017

Insuring Bias: Does Evidence Of Common Insurance Demonstrate Relevant Expert Witness Bias In Medical Negligence Litigation?, 55 Duq. L. Rev. 339 (2017), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

No abstract provided.


Will I Pass The Bar Exam? Predicting Student Success Using Lsat Scores And Law School Performance, 45 Hofstra L. Rev. 753 (2017), Katherine Austin, Catherine Martin Christopher, Darby Dickerson Jan 2017

Will I Pass The Bar Exam? Predicting Student Success Using Lsat Scores And Law School Performance, 45 Hofstra L. Rev. 753 (2017), Katherine Austin, Catherine Martin Christopher, Darby Dickerson

UIC Law Open Access Faculty Scholarship

No abstract provided.


I Dissent: The Federal Circuit’S “Great Dissenter,” Her Influence On The Patent Dialogue, And Why It Matters, 19 Vand. J. Ent. & Tech. 873 (2017), Daryl Lim Jan 2017

I Dissent: The Federal Circuit’S “Great Dissenter,” Her Influence On The Patent Dialogue, And Why It Matters, 19 Vand. J. Ent. & Tech. 873 (2017), Daryl Lim

UIC Law Open Access Faculty Scholarship

This Article is the first study to comprehensively explore the centrality of the patent dialogue at the Court of Appeals for the Federal Circuit, the nation’s principal patent court from empirical, doctrinal, and policy perspectives. It offers several insights into how the Federal Circuit reaches consensus and when it does not, serving as a window into its inner workings, a reference to academics, judges, and attorneys alike. More broadly, this Article provides a template to study the “legal dialogue” of other judges at the Federal Circuit, those in other Circuits, as well as those in other areas of the law. …


Retooling The Intellectual Property-Antitrust Intersection: Insights From Behavioral Economics, 69 Baylor L. Rev. 124 (2017), Daryl Lim Jan 2017

Retooling The Intellectual Property-Antitrust Intersection: Insights From Behavioral Economics, 69 Baylor L. Rev. 124 (2017), Daryl Lim

UIC Law Open Access Faculty Scholarship

This Article argues that courts should operationalize insights offered by behavioral economics in developing jurisprudence at the patent-antitrust interface.


An Evidentiary Oddity: “Careful Habit” – Does The Law Of Evidence Embrace This Archaic/Modern Concept?, 43 Ohio N.U. L. Rev. 293 (2017), Marc Ginsberg Jan 2017

An Evidentiary Oddity: “Careful Habit” – Does The Law Of Evidence Embrace This Archaic/Modern Concept?, 43 Ohio N.U. L. Rev. 293 (2017), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

The concept of the “careful habit”[i] is intriguing. The law of evidence vigorously distinguishes between character evidence (largely inadmissible)[ii] and habit evidence (presumptively admissible).[iii] Character is understood as a propensity to act in a certain fashion[iv]—a person’s disposition. Habit is understood as non-volitional, repetitive specific conduct, in response to stimuli, over a rather lengthy period of time.[v] “Carefulness” is known by the law as a character trait.[vi] Carefulness should not be confused with habit, yet this confusion has occurred in multiple jurisdictions, many years ago and recently. This paper seeks to explore the …


Seeing The Wrecking Ball In Motion: Ex Parte Protection Orders And The Realities Of Domestic Violence, 32 Wis. J.L. Gender & Soc'y 13 (2017), Debra Pogrund Stark, Jessica M. Choplin Jan 2017

Seeing The Wrecking Ball In Motion: Ex Parte Protection Orders And The Realities Of Domestic Violence, 32 Wis. J.L. Gender & Soc'y 13 (2017), Debra Pogrund Stark, Jessica M. Choplin

UIC Law Open Access Faculty Scholarship

One of the most fundamental norms in our judicial system is that courts need to hear from both parties on a legal issue before granting any form of legal relief. Nevertheless, rules of civil procedure permit a vulnerable party to appear in court ex parte (without prior notice to the other party), to obtain a temporary order prohibiting a wrongful action about to be taken that will cause irreparable harm. A classic example of this is when a person runs into court because a demolition crew is starting to set up to demolish a building they have built and claim …


Coverage In Transition: Considerations When Expanding Employer-Provided Health Coverage To Lgbti Employees And Beneficiaries, 24 Cardozo J. Equal Rts. & Soc. Just. 3 (2017), Kathryn J. Kennedy Jan 2017

Coverage In Transition: Considerations When Expanding Employer-Provided Health Coverage To Lgbti Employees And Beneficiaries, 24 Cardozo J. Equal Rts. & Soc. Just. 3 (2017), Kathryn J. Kennedy

UIC Law Open Access Faculty Scholarship

The rights of transgender individuals has been in the headlines during 2017 - ranging from President Trump's tweet to announce a ban on transgender individuals from serving in the military due to the "tremendous medical costs" to a nationwide injunction imposed by a federal district court on the HHS regulations that prohibit health-care discrimination against transgender individuals under the Affordable Care Act (ACA). There are three important reasons why transgender rights are in the news. First, the Human Rights Campaign Foundation, designed to promote the lives of lesbian, gay, bisexual, and transgender (LGBT) people, scores employers in its Corporate Equality …