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Chicago-Kent College of Law

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Articles 1 - 30 of 5738

Full-Text Articles in Law

Vol. 39, Vol. 4, Nicki Bazer, Jenny Lee Oct 2022

Vol. 39, Vol. 4, Nicki Bazer, Jenny Lee

The Illinois Public Employee Relations Report

Praying at the 50-Yard Line: How Will Kennedy v. Bremerton Impact Public Schools?


Unravelling Inventorship, Toshiko Takenaka Jul 2022

Unravelling Inventorship, Toshiko Takenaka

Chicago-Kent Journal of Intellectual Property

Inventorship, who made an invention, is one of the most important concepts under the U.S. patent system. Incorrect inventorship determinations result in patent invalidity not only because U.S. Constitution requires granting patents to true inventors, but also first-inventor- to-file novelty inherited many aspects of first-to-invent novelty which depended on inventorship whether to include prior inventions as prior art. Correcting inventorship may result in sharing patent exclusivity with competitors, which forfeits profits necessary to recover expensive development costs. However, the standard to determine inventorship has been called muddy by judges and commentators because neither the Patent Act nor case law provide …


Engaging With Outlaw Art, Jonathan Barrett Jul 2022

Engaging With Outlaw Art, Jonathan Barrett

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Copyright Notice, Chicago-Kent Journal Of Intellectual Property Jul 2022

Copyright Notice, Chicago-Kent Journal Of Intellectual Property

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Reexamining The Reviewed: Challenging Patents Subject To Inter Partes Review Via Ex Parte Reexamination, Ellyar Y. Barazesh Jul 2022

Reexamining The Reviewed: Challenging Patents Subject To Inter Partes Review Via Ex Parte Reexamination, Ellyar Y. Barazesh

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Chicago-Kent Journal Of Intelletual Property Editorial Board 2021-2022, Chicago-Kent Journal Of Intellectual Property Jul 2022

Chicago-Kent Journal Of Intelletual Property Editorial Board 2021-2022, Chicago-Kent Journal Of Intellectual Property

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Table Of Contents, Chicago-Kent Journal Of Intellectual Property Jul 2022

Table Of Contents, Chicago-Kent Journal Of Intellectual Property

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Vol. 39, No. 3, Jerry Marzullo, Catherine Humphrey Jul 2022

Vol. 39, No. 3, Jerry Marzullo, Catherine Humphrey

The Illinois Public Employee Relations Report

Possible Wisdom and Wit Regarding the Arbitration of Discipline

By Jerry Marzullo, Esq., and Catherine Humphrey


The Art Of Cross-Examination In Ptab Trials, Philip D. Segrest Jr. Apr 2022

The Art Of Cross-Examination In Ptab Trials, Philip D. Segrest Jr.

Chicago-Kent Journal of Intellectual Property

Despite similarities in form, a cross-examination in a Patent Trial and Appeal Board (“PTAB”) trial constitutes trial testimony, which is different from a discovery deposition occurring in civil litigation. While most practitioners would readily recognize this distinction in the abstract, it can be easy to fall back into patterns learned in and applicable to pretrial discovery in civil litigation that may not fit for a PTAB cross-examination. The PTAB regulations describe cross-examination as “routine discovery” in the “form of a deposition transcript,” but a civil action discovery deposition and a PTAB trial cross-examination deposition differ in their goals, their applicable …


Did Sotera Stipulations Solve The Fintiv Criticisms?, Nathan Sportel Apr 2022

Did Sotera Stipulations Solve The Fintiv Criticisms?, Nathan Sportel

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Vol. 39, No. 2, Nicki Bazer, Stephen A. Yokich Apr 2022

Vol. 39, No. 2, Nicki Bazer, Stephen A. Yokich

The Illinois Public Employee Relations Report

Bargaining in the Time of Covid: How Collective Bargaining Impacts Schools and Their Mitigation Strategies

By Nicki Bazer

Fighting for the Living

By Stephen A. Yokich

Recent Developments

By the Student Editorial Board: Bradley Kupiec, Carrie Kumiega, Damia Marshall, Sara Rash


Genetically-Engineered Begots, Have-Nots, And Tinkered Tots: (High Scoring Polygenic Kids As A Heredity-Camelot)-An Introduction To The Legalities And Bio-Ethics Of Advanced Ivf And Genetic Testing, Barbara Pfeffier-Billaeuer Jan 2022

Genetically-Engineered Begots, Have-Nots, And Tinkered Tots: (High Scoring Polygenic Kids As A Heredity-Camelot)-An Introduction To The Legalities And Bio-Ethics Of Advanced Ivf And Genetic Testing, Barbara Pfeffier-Billaeuer

Chicago-Kent Law Review

No abstract provided.


Does A Custodial Rights Understanding Of The Gdpr Justify Fraudulent Misrepresentation By Sperm Donors?, Dov Greenbaum Jan 2022

Does A Custodial Rights Understanding Of The Gdpr Justify Fraudulent Misrepresentation By Sperm Donors?, Dov Greenbaum

Chicago-Kent Law Review

No abstract provided.


A Wrong Without A Remedy: Leaving Parents And Children With A Hollow Victory I Nlawsuits Against Unscrupulous Sperm Banks, Yaniv Heled, Timothy Lytton, Liza Vertinsky Jan 2022

A Wrong Without A Remedy: Leaving Parents And Children With A Hollow Victory I Nlawsuits Against Unscrupulous Sperm Banks, Yaniv Heled, Timothy Lytton, Liza Vertinsky

Chicago-Kent Law Review

No abstract provided.


Embryonic Injuries: Can You Use If You Wouldn't Have Been Born, Or Born Different?, David Heyd Jan 2022

Embryonic Injuries: Can You Use If You Wouldn't Have Been Born, Or Born Different?, David Heyd

Chicago-Kent Law Review

No abstract provided.


Savior Siblings, Protective Progeny, And Parental Determinism In The Age Of Crispr-Cas, Barbara Pfeffer-Billauer Jan 2022

Savior Siblings, Protective Progeny, And Parental Determinism In The Age Of Crispr-Cas, Barbara Pfeffer-Billauer

Chicago-Kent Law Review

No abstract provided.


The Art Of Regulating Art, Naomi Cahn, Sonia M. Suter Jan 2022

The Art Of Regulating Art, Naomi Cahn, Sonia M. Suter

Chicago-Kent Law Review

No abstract provided.


Causation And Compensation For Intergenerational Harm, Dov Fox Jan 2022

Causation And Compensation For Intergenerational Harm, Dov Fox

Chicago-Kent Law Review

No abstract provided.


From Consent To Empowerment In Support Of Decision-Making In Embryonic Genetic Design, Pamela Laufer-Ukeles Jan 2022

From Consent To Empowerment In Support Of Decision-Making In Embryonic Genetic Design, Pamela Laufer-Ukeles

Chicago-Kent Law Review

No abstract provided.


Cancel [© Opyright] Culture: A Legal Analysis Of George Orwell's Nineteen Eighty-Four, Tracy Reilly Jan 2022

Cancel [© Opyright] Culture: A Legal Analysis Of George Orwell's Nineteen Eighty-Four, Tracy Reilly

Chicago-Kent Journal of Intellectual Property

In this article, I present a combined legal and literary analysis of one of the most destructive themes in contemporary intellectual property scholarship: the putative death of the copyright author. For decades, the vast majority of scholars in all academic disciplines have widely accepted that the conceptual death of the author announced in 1967 by French literary theorist Roland Barthes is today a conclusively proven fact. This piece, however, offers a unique and unquestionably controversial challenge to such a purported denouement: it boldly, and not without trepidation, theorizes that the true goal of some anti-author scholars is the outright annihilation …


Stop Glorifying Fashion Piracy: It Is Time To Enact The Innovative Design Protection Act, Keyon Lo Jan 2022

Stop Glorifying Fashion Piracy: It Is Time To Enact The Innovative Design Protection Act, Keyon Lo

Chicago-Kent Journal of Intellectual Property

The current low-IP regime in the United States fails to provide adequate protection for fashion designs. Multiple bills had been proposed in Congress to extend copyright protection to fashion designs, but none of these was passed. Proponents of the “Piracy Paradox” doctrine suggest that unregulated copying is paradoxically beneficial to fashion designers and can foster innovation. This paper shows that the doctrine reflects a clear misunderstanding of fashion theories and how fashion trends are formed. It further argues that the fashion industry requires a diverse portfolio of inspired works rather than line-by-line knockoffs to foster trend formation. The Innovative Design …


Vol. 39, No 1, Beverly S. Bunch Jan 2022

Vol. 39, No 1, Beverly S. Bunch

The Illinois Public Employee Relations Report

The Impact of the Pandemic on State and Local Government Budgets

By Beverly S. Bunch

Recent Developments


Temporary Securities Regulation, Anita Krug Jan 2022

Temporary Securities Regulation, Anita Krug

All Faculty Scholarship

In times of crisis, including the 2020-21 global pandemic, the U.S. Securities and Exchange Commission (SEC) has engaged in a type of securities regulation that few scholars have acknowledged, let alone evaluated. Specifically, during recent market crises, the SEC has adopted rules that are temporary, designed to help the securities markets and its participants—both public companies and public investment funds, such as mutual funds and ETFs—weather the crisis at hand but go no further. Once that goal has been accomplished, these rules usually expire, replaced by the permanent rules that they temporarily supplanted. Although the temporary-rulemaking endeavor is laudable—and arguably …


Table Of Contents Nov 2021

Table Of Contents

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Considerations For Means-Plus-Function Construction, Michelle Aspen Nov 2021

Considerations For Means-Plus-Function Construction, Michelle Aspen

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Review Of Post-Arthrex Handling Of Pending Federal Circuit Appeals With Appointment Clause Challenges, Matthew Johnson, John Evans, Hannah Mehrle Nov 2021

Review Of Post-Arthrex Handling Of Pending Federal Circuit Appeals With Appointment Clause Challenges, Matthew Johnson, John Evans, Hannah Mehrle

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Copyright Notice Nov 2021

Copyright Notice

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Ptab Bar Editorial Board Nov 2021

Ptab Bar Editorial Board

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Chicago-Kent Journal Of Intellectual Property Editorial Board 2021-2022 Nov 2021

Chicago-Kent Journal Of Intellectual Property Editorial Board 2021-2022

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Vol. 38, No. 4, Jane Flanagan, Scott Lerner Oct 2021

Vol. 38, No. 4, Jane Flanagan, Scott Lerner

The Illinois Public Employee Relations Report

Pandemic State: Navigating the State of Illinois' Response to the Challenges of Covid-19 in the Workplace

by Jane Flanagan and Scott Lerner


Recent Developments