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Chicago-Kent College of Law

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Articles 1 - 30 of 5549

Full-Text Articles in Law

Distinguising Between Core And Peripheral Presential Powers, Harold J. Krent Apr 2020

Distinguising Between Core And Peripheral Presential Powers, Harold J. Krent

Chicago-Kent Law Review

No abstract provided.


Comments On Executive Ruilemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Brexit Bt Susan Rose-Ackerman, Nicholas Almendares Apr 2020

Comments On Executive Ruilemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Brexit Bt Susan Rose-Ackerman, Nicholas Almendares

Chicago-Kent Law Review

No abstract provided.


Eroding "Checks" On Presidential Authorty -- Norms, The Civil Service, And The Courts, Peter L. Strauss Apr 2020

Eroding "Checks" On Presidential Authorty -- Norms, The Civil Service, And The Courts, Peter L. Strauss

Chicago-Kent Law Review

No abstract provided.


Mischief With Government Information Policy, Renée M. Landers Apr 2020

Mischief With Government Information Policy, Renée M. Landers

Chicago-Kent Law Review

No abstract provided.


Administrative Truth: Comments On Cortez's Information Mischief, David Thaw Apr 2020

Administrative Truth: Comments On Cortez's Information Mischief, David Thaw

Chicago-Kent Law Review

No abstract provided.


Civil Servant Resistance At The Epa -- A Response To Jennifer Nou, Joel A. Mintz Apr 2020

Civil Servant Resistance At The Epa -- A Response To Jennifer Nou, Joel A. Mintz

Chicago-Kent Law Review

No abstract provided.


Civil Servant Alarm, Bijal Shah Apr 2020

Civil Servant Alarm, Bijal Shah

Chicago-Kent Law Review

Civil servants have long resisted presidential immigration policies. However, bureaucratic by superiors, retaliation against resistance is the norm under the current dministration, despite the fact that this resistance has resulted from principled “dissonance” between civil servants’ understanding of their core responsibilities and the priorities emphasized by new political directives. Rather than condemnation, however, frequent incidents of resistance from divergent factions of the immigration bureaucracy, particularly if met with a harsh response from the President, should be characterized as a “fire alarm” imploring a congressional response.


The Trump Administration Versus The Administrative State: A Response To Professor Buzbee's Deregulatory Splintering, Rebecca Bratspies Apr 2020

The Trump Administration Versus The Administrative State: A Response To Professor Buzbee's Deregulatory Splintering, Rebecca Bratspies

Chicago-Kent Law Review

No abstract provided.


Response To William W. Buzbee, Deregulatory Splintering: What Might The Other Side Say?, Todd D. Rakoff Apr 2020

Response To William W. Buzbee, Deregulatory Splintering: What Might The Other Side Say?, Todd D. Rakoff

Chicago-Kent Law Review

No abstract provided.


The Future Of Progressive Regulatory Reform -- A Review And Critique Of Two Proposals, William Funk Apr 2020

The Future Of Progressive Regulatory Reform -- A Review And Critique Of Two Proposals, William Funk

Chicago-Kent Law Review

No abstract provided.


The Regulatory Accoutability Act Loses Steam But The Trump Executive Order On Alj Selection Upturned 71 Years Of Practice, Jeffery S. Lubbers Apr 2020

The Regulatory Accoutability Act Loses Steam But The Trump Executive Order On Alj Selection Upturned 71 Years Of Practice, Jeffery S. Lubbers

Chicago-Kent Law Review

No abstract provided.


Vol. 37, No. 1, Stephanie Brinson Mar 2020

Vol. 37, No. 1, Stephanie Brinson

The Illinois Public Employee Relations Report

Conflict Resolution for Chicago Police and Community: Healing a Constitutional Crisis at the "Thirteenth Floor" through Native American Reparative Justice

By Stephanie Brinson

Recent Developments


Discretionary Denials Of Ipr Institution, Jasper Tran, Matthew Chung, David Maiorana, Matthew Johnson Jan 2020

Discretionary Denials Of Ipr Institution, Jasper Tran, Matthew Chung, David Maiorana, Matthew Johnson

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Litigating Invalidity After Ipr Resolution, Libbie Dimarco, Nathan Speed Jan 2020

Litigating Invalidity After Ipr Resolution, Libbie Dimarco, Nathan Speed

Chicago-Kent Journal of Intellectual Property

It is becoming increasingly apparent that inter partes review (“IPR”) petitioner estoppel after the Patent Trial and Appeal Board (“PTAB”) issues a final written decision can have broad consequences on a petitioner’s invalidity defenses in civil actions. This article will examine the practical impact of IPR estoppel and discuss strategic considerations for IPR parties involved in parallel district court or International Trade Commission (“ITC”) actions. This article will address four main questions : (1) when and how a petitioner can use paper prior art in a § 102 or 103 defense after an unsuccessful IPR; (2) how IPR estoppel may impact ...


The Disappointments Of Networks, Henry Fraser Phd Jan 2020

The Disappointments Of Networks, Henry Fraser Phd

Chicago-Kent Journal of Intellectual Property

The past 25 years have seen a ‘turn to culture’ in copyright scholarship. This cultural turn has produced an expansive account of copyright’s disadvantages with respect to qualitative cultural and political goals such as: promoting democracy, individual self-authorship, expressive diversity, and more inclusive power distribution in shaping culture and discourse. The prevailing view among proponents of the cultural turn is that copyright stands in the way of the democratisation of creative and discursive spheres online. This article challenges that view. I contend that online, ‘free’ content economies—characterised by peer production, decentralised selection, and peer to peer content sharing ...


Tripping Over The Eu Trade Secret Directive: "Reasonable Steps" To Get Back On Track, Bianca Fox Jan 2020

Tripping Over The Eu Trade Secret Directive: "Reasonable Steps" To Get Back On Track, Bianca Fox

Chicago-Kent Journal of Intellectual Property

Trade secrets are a crucial tool for global firms today, including those that do business within the European Union (“EU”). The 2016 European Union Trade Secret Directive (“Directive”) attempted to establish uniform trade secret protection across all twenty-eight EU Member States but created problems in its wake. In particular, the Directive put no restrictions on whether Member States could specify certain “reasonable steps” that businesses must take in order to be afforded trade secret protection. This Article argues that Member States should be required to follow the trade secret definition laid out in Article 2 of the Directive and not ...


Into The Woods: A Biologic Patent Thicket Analysis, Jeffrey Wu, Claire Wan-Chiung Cheng Jan 2020

Into The Woods: A Biologic Patent Thicket Analysis, Jeffrey Wu, Claire Wan-Chiung Cheng

Chicago-Kent Journal of Intellectual Property

Some drug companies, brand biologic companies, in particular, have been accused of covering only a single drug with more than eighty patents. These drug patents accumulate to what critics claim as one of the major culprits of high drug prices— “patent thickets.” However, current literature mostly focuses on the substantial patent counts and less on the characteristics and the causes of these patent thickets; but to effectively understand and tackle this issue, more thorough discussions are necessary. This article aims to provide further insight into this issue by analyzing and comparing the U.S. patents that cover top-selling biologics and ...


Perfecting U.S. Patentable Subject Matter - Merging The European Approach And The American Principles, Ilija Ilijovski Jan 2020

Perfecting U.S. Patentable Subject Matter - Merging The European Approach And The American Principles, Ilija Ilijovski

Chicago-Kent Journal of Intellectual Property

This article illuminates the recent developments in the field of the subject matter eligibility of the inventions and offers a resolution to the crucial issues in the field. The solution for resolving of the crucial issues combines the current U.S. approach of affirmative defining of the scope of the subject matter of the patents and the approach of the European Patent Convention, of both affirmative and negative defining of the patentable subject matter. In particular, the article provides a draft legislation as a more sustainable and precise solution that emerged from the comparison between the experience of the participants ...


German Law On Patent Injunctions: Legal Framework And Recent Developments, Peter Picht Phd Jan 2020

German Law On Patent Injunctions: Legal Framework And Recent Developments, Peter Picht Phd

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Vol. 36, No. 4, Helen J. Kim Dec 2019

Vol. 36, No. 4, Helen J. Kim

The Illinois Public Employee Relations Report

Which ULP is It?: An Examination of Retaliation under Sections 10(a)(1) and 10(a)(2) of the Illinois Public Relations Act by Helen J. Kim

Recent Developments


Vol. 36, No. 3, Melissa D. Sobota, Erin K. Walsh Jul 2019

Vol. 36, No. 3, Melissa D. Sobota, Erin K. Walsh

The Illinois Public Employee Relations Report

A New Day for Illinois: Expectations on the Impacts of the J. B. Pritzker Administration


Table Of Contents, Editors Jun 2019

Table Of Contents, Editors

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Parity Analysis: Topological Considerations For Patent Valuation And Portfolio Management, James Skelley Jun 2019

Parity Analysis: Topological Considerations For Patent Valuation And Portfolio Management, James Skelley

Chicago-Kent Journal of Intellectual Property

No abstract provided.


The Confusion Of Trademark Territoriality, Joseph Michael Levy Jun 2019

The Confusion Of Trademark Territoriality, Joseph Michael Levy

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Tc Heartland, A Legally Wrong Painkiller For The Forum Shopping Problem, Xincheng Ma Jun 2019

Tc Heartland, A Legally Wrong Painkiller For The Forum Shopping Problem, Xincheng Ma

Chicago-Kent Journal of Intellectual Property

No abstract provided.


The Death Of Moral Freedom: How The Trademark Dilution Act Has Allowed Federal Courts To Punish Subjectively-Defined Immoral Secondary Use Of Trademarks, David E. Missirian Jun 2019

The Death Of Moral Freedom: How The Trademark Dilution Act Has Allowed Federal Courts To Punish Subjectively-Defined Immoral Secondary Use Of Trademarks, David E. Missirian

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Assessment Of Disclosure In European Prodrug Patent Claims, Mari Minn Phd, Llm Jun 2019

Assessment Of Disclosure In European Prodrug Patent Claims, Mari Minn Phd, Llm

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Patent Showdown At The N.D. C[Orr]Al, Peter S. Menell Jun 2019

Patent Showdown At The N.D. C[Orr]Al, Peter S. Menell

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Focusing Patent Litigation, Bernard Chao Jun 2019

Focusing Patent Litigation, Bernard Chao

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Judge-Made Solutions To Patent Litigation, Sapna Kumar Jun 2019

Judge-Made Solutions To Patent Litigation, Sapna Kumar

Chicago-Kent Journal of Intellectual Property

No abstract provided.