Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Science and Technology Law (46)
- Computer Law (26)
- Intellectual Property Law (26)
- Internet Law (25)
- Privacy Law (23)
-
- State and Local Government Law (13)
- Legislation (10)
- Labor and Employment Law (9)
- Banking and Finance Law (8)
- Constitutional Law (8)
- Health Law and Policy (8)
- Land Use Law (8)
- Jurisprudence (7)
- International Trade Law (6)
- Legal History (6)
- Medical Jurisprudence (6)
- Property Law and Real Estate (6)
- Transnational Law (6)
- Comparative and Foreign Law (5)
- Retirement Security Law (5)
- Consumer Protection Law (4)
- Criminal Law (4)
- Juvenile Law (4)
- Supreme Court of the United States (4)
- Torts (4)
- Administrative Law (3)
- Courts (3)
- Education Law (3)
- First Amendment (3)
Articles 1 - 30 of 87
Full-Text Articles in Law
What Trademark Law Could Learn From Employment Law, 12 J. Marshall Rev. Intell. Prop. L. Rev. 118 (2012), Robert A. Kearney
What Trademark Law Could Learn From Employment Law, 12 J. Marshall Rev. Intell. Prop. L. Rev. 118 (2012), Robert A. Kearney
UIC Review of Intellectual Property Law
Trademark litigation is as unpredictable as it is expensive. The Trademark Trial and Appeal Board (“Board”) considers as many as thirteen different factors when evaluating whether a trademark causes a “likelihood of confusion.” Federal courts use many of the same factors, though which factors are chosen differ by jurisdiction, and, do not necessarily overlap with the Board. Further, a party can litigate for a time before the Board, then in federal court, and then back before the Board. And, if this were not enough, the Board’s decisions have little if any preclusive effect on the court, and, a court’s decision …
Are Royalties Reasonable In Patent Infringment Suits? Using Hindsight At The Hypothetical Negotiating Table, 12 J. Marshall Rev. Intell. Prop. L. 241 (2012), Michael J. Carrozza
Are Royalties Reasonable In Patent Infringment Suits? Using Hindsight At The Hypothetical Negotiating Table, 12 J. Marshall Rev. Intell. Prop. L. 241 (2012), Michael J. Carrozza
UIC Review of Intellectual Property Law
Reasonable royalties have become the primary form of relief in patent infringement lawsuits. Once a patent is found valid and infringed, royalties are calculated based on a hypothetical license negotiation between the patent owner and infringer said to take place at the moment infringement began. The calculations seek to arrive at a royalty amount the parties would have agreed upon had an actual license been negotiated. But there is disagreement among courts as to what information should inform the royalty amount. Some take the hypothetical negotiation literally and disallow post-infringement information from entering the calculations because such information would have …
Patent Claim Construction As A Form Of Legal Interpretation, 12 J. Marshall Rev. Intell. Prop. L. 40 (2012), Christian E. Mammen
Patent Claim Construction As A Form Of Legal Interpretation, 12 J. Marshall Rev. Intell. Prop. L. 40 (2012), Christian E. Mammen
UIC Review of Intellectual Property Law
Since the U.S. Supreme Court’s landmark decision, Markman v. Westview Instruments, Inc., courts have employed a textualist approach when construing patent claims. Claim construction has been held to be purely a matter of law, which leaves no room for deference when the construction is reconsidered on appellate review. But as argued in this article, patent claims are a unique type of legal text, and cannot simply be analogized to statutes or contracts, which courts and scholars occasionally attempt to do. Taking lessons from the general legal theory of interpretation, the textualist approach should only be a starting point for the …
Hotfile, Megaupload, And The Future Of Copyright On The Internet: What Can Cyberlockers Tell Us About Dmca Reform?, 12 J. Marshall Rev. Intell. Prop. L. 205 (2012), Ross Drath
UIC Review of Intellectual Property Law
More than a decade ago, Napster brought the issue of copyright infringement by file-sharing to the center of the public stage. How would a body of copyright law built to regulate tangible objects apply in the digital realm? The safe harbor provisions of the Digital Millennium Copyright Act, intended as a compromise between the interests of copyright owners and webhosts, have instead introduced legal uncertainty and allocated the costs of online enforcement both inefficiently and disproportionately. While Napster and several other major peer-to-peer services have been shuttered in the intervening period, the scope of online copyright infringement continues to grow …
A Need For Clearer Language About Patent Law, 11 J. Marshall Rev. Intell. Prop. L. 457 (2012), Paul M. Janicke
A Need For Clearer Language About Patent Law, 11 J. Marshall Rev. Intell. Prop. L. 457 (2012), Paul M. Janicke
UIC Review of Intellectual Property Law
This article addresses the manner by which the principles and rules of United States ("U.S.") patent law are addressed, especially those that are not controversial. We often seem driven to use labels that are misleading to external observers, making the subject seem more complex than it is. The principal misstatements addressed in this article are: (1) saying that under American Invents Act, the U.S. is moving to a first-to-file system; (2) reciting that U.S. patent law has no extraterritorial reach; (3) characterizing the term of a U.S. patent as twenty years from filing; (4) purporting in patent licenses to grant …
Chinese Patent Quality: Running The Numbers And Possible Remedies, 11 J. Marshall Rev. Intell. Prop. L. 478 (2012), Mark Liang
UIC Review of Intellectual Property Law
In an effort to improve its economic and technological prowess, China in recent years has promulgated measures that encourage patenting activity. These measures have had their intended effect. Over a million patent applications were filed at China’s State Intellectual Property Office ("SIPO") in 2010, making it the busiest patent office in the world—by comparison, a mere 600,000 were filed at the United States Patent and Trademark Office, placing it a distant second. The disparity and trend is expected to grow in the coming years. But looking behind the headline numbers raises doubts about the quality of China’s patents and the …
Back To The Future: Revisiting Zippo In Light Of "Modern Concerns", 29 J. Marshall J. Computer & Info. L. 231 (2012), David Swetnam-Burland, Stacy O. Stitham
Back To The Future: Revisiting Zippo In Light Of "Modern Concerns", 29 J. Marshall J. Computer & Info. L. 231 (2012), David Swetnam-Burland, Stacy O. Stitham
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
"Tinkering" With The First Amendment's Protection Of Student Speech On The Internet, 29 J. Marshall J. Computer & Info. L. 167 (2012), Steven M. Puiszis
"Tinkering" With The First Amendment's Protection Of Student Speech On The Internet, 29 J. Marshall J. Computer & Info. L. 167 (2012), Steven M. Puiszis
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
World Wide Web Of Love, Lies, And Legislation: Why Online Dating Websites Should Screen Members, 29 J. Marshall J. Computer & Info. L. 251 (2012), Maureen Horcher
World Wide Web Of Love, Lies, And Legislation: Why Online Dating Websites Should Screen Members, 29 J. Marshall J. Computer & Info. L. 251 (2012), Maureen Horcher
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The 20th Belle R. And Joseph H. Braun Memorial Symposium: The Development Of Privacy Law From Brandeis To Today: Opening Remarks, 29 J. Marshall J. Computer & Info. L. 279 (2012), Ralph Ruebner, Leslie Ann Reis, David E. Sorkin
The 20th Belle R. And Joseph H. Braun Memorial Symposium: The Development Of Privacy Law From Brandeis To Today: Opening Remarks, 29 J. Marshall J. Computer & Info. L. 279 (2012), Ralph Ruebner, Leslie Ann Reis, David E. Sorkin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Session I: The Legacy Of Justice Arthur Goldberg, 29 J. Marshall J. Computer & Info. L. 285 (2012), Samuel R. Olken, Gerald Berendt, Gilbert A. Cornfield, Gilbert Feldman, David Stebenne, Milton I. Shadur
Session I: The Legacy Of Justice Arthur Goldberg, 29 J. Marshall J. Computer & Info. L. 285 (2012), Samuel R. Olken, Gerald Berendt, Gilbert A. Cornfield, Gilbert Feldman, David Stebenne, Milton I. Shadur
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg
Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Dedication Of The Arthur J. Goldberg Memorial Courtroom, 29 J. Marshall J. Computer & Info. L. 405 (2012), Hon. Antonin Scalia
Dedication Of The Arthur J. Goldberg Memorial Courtroom, 29 J. Marshall J. Computer & Info. L. 405 (2012), Hon. Antonin Scalia
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Giving Credit Where Credit Is Due: A Comment On The Theoretical Foundation And Historical Origin Of The Tort Remedy For Invasion Of Privacy, 29 J. Marshall J. Computer & Info. L. 493 (2012), Alberto Bernabe
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Session Iv: Technology And The Future Of Privacy, 29 J. Marshall J. Computer & Info. L. 379 (2012), David E. Sorkin, Ann Bartow, Robert S. Gurwin, Doris E. Long
Session Iv: Technology And The Future Of Privacy, 29 J. Marshall J. Computer & Info. L. 379 (2012), David E. Sorkin, Ann Bartow, Robert S. Gurwin, Doris E. Long
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Session Iii: Privacy Regulation And Policy Perspectives, 29 J. Marshall J. Computer & Info. L. 343 (2012), Leslie Ann Reis, Mary Ellen Callahan, Renard Francois, Peter P. Swire, C. William O'Neill
Session Iii: Privacy Regulation And Policy Perspectives, 29 J. Marshall J. Computer & Info. L. 343 (2012), Leslie Ann Reis, Mary Ellen Callahan, Renard Francois, Peter P. Swire, C. William O'Neill
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
What's Mine Is Yours: Targeting Privacy Issues And Determining The Best Solutions For Behavioral Advertising, 29 J. Marshall J. Computer & Info. L. 637 (2012), Sarah Cathryn Brandon
What's Mine Is Yours: Targeting Privacy Issues And Determining The Best Solutions For Behavioral Advertising, 29 J. Marshall J. Computer & Info. L. 637 (2012), Sarah Cathryn Brandon
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Drug Testing And Privacy In The Workplace, 29 J. Marshall J. Computer & Info. L. 463 (2012), Adam D. Moore
Drug Testing And Privacy In The Workplace, 29 J. Marshall J. Computer & Info. L. 463 (2012), Adam D. Moore
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
A Liberal Communitarian Conception Of Privacy, 29 J. Marshall J. Computer & Info. L. 419 (2012), Amitai Etzioni
A Liberal Communitarian Conception Of Privacy, 29 J. Marshall J. Computer & Info. L. 419 (2012), Amitai Etzioni
UIC John Marshall Journal of Information Technology & Privacy Law
In a large and complex society, anti-social behavior cannot be restrained by government intervention alone—without it becoming a police state. Informal social controls are necessary to keep deviance from societal norms and values at a socially acceptable level, and one of the levers of this social pressure is the observation of and reaction to the personal conduct of members of one’s community.
This article argues that in several areas of contemporary American life decreasing privacy by strengthening informal social controls will lessen the need for state surveillance and regulation, which tends to be act with a heavier hand and is …
Turning Points In Telecommunications History, 29 J. Marshall J. Computer & Info. L. 513 (2012), Paul J. Larkin, Jr.
Turning Points In Telecommunications History, 29 J. Marshall J. Computer & Info. L. 513 (2012), Paul J. Larkin, Jr.
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Curious Case Of Convenience Casinos: How Internet Sweepstakes Cafes Survive In A Gray Area Between Unlawful Gambling And Legitimate Business Promotions, 29 J. Marshall J. Computer & Info. L. 594 (2012), Steve Silver
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 29 J. Marshall J. Computer & Info. L. 701 (2012), Kyle Fonville, Grace Hwang, Nivesh Oudit
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 29 J. Marshall J. Computer & Info. L. 701 (2012), Kyle Fonville, Grace Hwang, Nivesh Oudit
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Right To Information Identity, 29 J. Marshall J. Computer & Info. L. 539 (2012), Elad Oreg
Right To Information Identity, 29 J. Marshall J. Computer & Info. L. 539 (2012), Elad Oreg
UIC John Marshall Journal of Information Technology & Privacy Law
Inspired by the famous Warren and Brandeis conceptualization of the “right to privacy,” this article tries to answer a modern, conceptual lacuna and presents the argument for the need to conceptualize and recognize a new, independent legal principle of a “right to information identity.” This is the right of an individual to the functionality of the information platforms that enable others to identify and know him and to remember who and what he is. Changes in technology and social standards make the very notion of identity increasingly fluid, transforming the way it is treated and opening new and fascinating ways …
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 29 J. Marshall J. Computer & Info. L. 673 (2012), Russell Bottom, Greer Herman, Catherine Nance, Robin Ann Sowizrol, Gina Spada
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 29 J. Marshall J. Computer & Info. L. 673 (2012), Russell Bottom, Greer Herman, Catherine Nance, Robin Ann Sowizrol, Gina Spada
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 29 J. Marshall J. Computer & Info. L. 733 (2012), Christopher Dabney, Kara Franklin
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 29 J. Marshall J. Computer & Info. L. 733 (2012), Christopher Dabney, Kara Franklin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
A Reflection On Financial Markets, 1 J. Marshall Global Mkt. L.J. 1 (2012), Leo Melamed
A Reflection On Financial Markets, 1 J. Marshall Global Mkt. L.J. 1 (2012), Leo Melamed
John Marshall Global Markets Law Journal
In 1972 the International Monetary Market (the “IMM”) was launched in order to provide the financial world the same ability as the agriculture industry to manage risk. At the time, no one knew if the IMM would succeed, have any merit, or be accepted by other members of the financial world. The IMM’s commencement was before the age of technology—before the onset of computers. Once computers existed, financial engineers had the ability to electronically allocate risk and the world began to acclimate to the idea of computer-generated financial derivatives. This Article stresses that full disclosure and transparency is dire in …
Dodd-Frank Whistleblower Program: Whistleblower Prevention Strategies, Criticisms, And Future Implications, 1 J. Marshall Global Mkt. L.J. 59 (2012), Florence Shu-Acquaye
Dodd-Frank Whistleblower Program: Whistleblower Prevention Strategies, Criticisms, And Future Implications, 1 J. Marshall Global Mkt. L.J. 59 (2012), Florence Shu-Acquaye
John Marshall Global Markets Law Journal
Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act authorized the SEC to create a committee that would be responsible for promulgating and enforcing rules to reward whistleblowers. Such rewards are to be paid from the Investor Protection Fund, which is embodied in SEC Rule 21F. The whistleblower provision is meant to promote corporate whistleblowing by incentivizing the prevention of financial abuse. Critics contend, however, that the whistleblower program fails to encourage corporations to strengthen internal compliance programs; instead, corporations will put more effort into whistleblower prevention strategies in order to prevent SEC enforcement actions. SEC Rule …
Product Innovation, Clearing, And Competition Among U.S. Derivatives Exchanges, 1 J. Marshall Global Mkt. L.J. 3 (2012), Michael Gorham
Product Innovation, Clearing, And Competition Among U.S. Derivatives Exchanges, 1 J. Marshall Global Mkt. L.J. 3 (2012), Michael Gorham
John Marshall Global Markets Law Journal
Futures traders are attracted to market liquidity—the ability to buy and sell without the transaction having a large impact on market price. Market liquidity is associated with a large number of buyers and sellers and high average daily volumes of trading. This Article discusses the reluctance of futures traders to switch to a new exchange which does not have as much liquidity as an older, established exchange and the difficulty that these new exchanges face in acquiring even a marginal portion of the market share. These difficulties arise because these exchanges choose to use a clearing house that they own …
The Matryoshka Doll Principle: Transparent Governance Obligations Of Finra Remain Safely Nested Within The Layers Of Existing Securities Regulation, 1 J. Marshall Global Mkt. L.J. 13 (2012), Brittany Mcintosh
John Marshall Global Markets Law Journal
This Article compares the U.S. Supreme Court’s holding in Free Enterprise Fund v. PCAOB to the factors used in Lebron v. National Railroad Passenger Corp. when determining whether a corporation is part of the government (and consequently subject to government control and the President’s removal powers). In Free Enterprise, the U.S. Supreme Court considered factors to determine whether or not an agency is a self-regulatory organization (an independent third party agency that is not subject to government control). Under the Free Enterprise test, the Court held that PCAOB was not an SRO (unlike the Financial Industry Regulatory Authority, Inc.) because …
Maybe There Is More Than One Reason They Call It A Derivative Lawsuit – The Implicit Corporate Duty To Hedge, 1 J. Marshall Global Mkt. L.J. 29 (2012), Joseph Michael Reyes
Maybe There Is More Than One Reason They Call It A Derivative Lawsuit – The Implicit Corporate Duty To Hedge, 1 J. Marshall Global Mkt. L.J. 29 (2012), Joseph Michael Reyes
John Marshall Global Markets Law Journal
Derivatives became the primary scapegoat after the financial markets crashed in 2008 and many large investment banks collapsed in the aftermath. Derivatives were thought to be far too risky and not transparent, even though derivatives were originally contrived in order to mitigate risk. Contrary to popular opinion, if used properly, derivatives are very effective in the mitigation of price changes, currency exchange, and interest rate risk. Moreover, the current regulatory landscape encourages the use of derivatives to hedge risk. The current financial environment encompasses the widespread use and acceptance of products that allow hedging to be a common trade practice. …