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Articles 1 - 30 of 61
Full-Text Articles in Law
Plausibility Under The Defend Trade Secrets Act, 16 J. Marshall Rev. Intell. Prop. L. 188 (2017), Michelle Evans
Plausibility Under The Defend Trade Secrets Act, 16 J. Marshall Rev. Intell. Prop. L. 188 (2017), Michelle Evans
UIC Review of Intellectual Property Law
With the recent passage of the Defend Trade Secrets Act (DTSA), a federal civil cause of action for trade secret misappropriation is now available. To add some familiarity to the Act, the drafters incorporated definitions similar to those of the Uniform Trade Secrets Act (UTSA). However, even though the provisions may seem familiar, there is a new requirement that is not obvious on the face of the statute- the plausibility requirement for pleading under the federal rules. To understand plausibility; however, one must understand the DTSA. Unfortunately, there is no guidance from the DTSA that can aid interpretation of the …
Design Patent Litigation: Is "Obvious To Try" Unavailable For Validity Challenges Under 35 U.S.C. § 103?, 16 J. Marshall Rev. Intell. Prop. L. 173 (2017), Scott Locke
UIC Review of Intellectual Property Law
Ten years ago, the United States Supreme Court shook the foundation of U.S. patent law when it announced that a patented invention could be invalidated because the claimed combination of heightened the thr whether a person of ordinary skill in the art would deem a combination of features obvious to try can be measured against a perceived a likelihood of success for achieving a purpose. But the concept does not easily translate to design patents. Those types of patents are directed to ornamental features, which by definition cannot be dictated by functionality, and thus, the success of a combination cannot …
Gotta Catch . . . A Lawsuit? A Legal Insight Into The Intellectual, Civil, And Criminal Battlefield Pokémon Go Has Downloaded Onto Smartphones And Properties Around The World, 16 J. Marshall Rev. Intell. Prop. L. 329 (2017), Andrew Rossow
UIC Review of Intellectual Property Law
Our society, and its millennials, have entered the digital age, whereby almost everything is conducted and perpetuated through electronic devices. Smartphones have dominated the mobile device market and have allowed its users to download mobile applications and games to the device. Pokémon Go, is the latest trend in mobile gaming and the start to a bright future of augmented reality. But what happens when augmented reality meets the physical world? Do our modern-day statutes and laws extend into the cyberspace that it is augmented reality? What happens when a user of an augmented reality game enters onto the property of …
It’S My Mark, I Can Offend If I Want To! The Waning Of The Government’S Power To Protect Its Citizens From Widespread Discriminatory Marks, 16 J. Marshall Rev. Intell. Prop. L. 505 (2017), Paul Sanders
UIC Review of Intellectual Property Law
There is an inherent tension between the First Amendment and trademark law. For over 100 years the United States Patent and Trademark Office has protected American citizens from Marks of ill repute. In the wake of the In re Tam decision, this may become more difficult if not impossible. This comment analyzes In re Tam, as well as explores the First Amendment guarantee of free speech and trademark law, and how each intersects with each other. Additionally, this comment proposes solutions that will allow the government to continue protecting its citizens from Marks that should have no place in commerce.
If The Shoe Fits: The Effects Of A Uniform Copyright Design Test On Local Fashion Designers, 17 J. Marshall Rev. Intell. Prop. L. 262 (2017), Elise Ruff
UIC Review of Intellectual Property Law
Fashion design is a revolutionary walking art form, becoming increasingly accessible to consumers. The increase in accessibility is, in part, due to the presence of technology and social media platforms. While this allows the consumer to have access to a designer’s goods at unprecedented levels, this has led to an increase in claims of copyright infringement against large fashion corporations. This comment discusses how local-based fashion designers have lodged complaints against large fashion corporations of stealing their designs. Additionally, this comment discusses a recent United States Supreme Court case Star Athletica, L.L.C., v. Varsity Brands, Inc., and the implications of …
Ignorance Of Technology A Pass For Violating Child Pornography Laws? – What’S The Cache?, 33 J. Marshall J. Info. Tech. & Privacy L. 47 (2017), Angela Lewosz
UIC John Marshall Journal of Information Technology & Privacy Law
This comment explains how the cache works, discusses computer forensic examinations, and provides a history of child pornography laws. It next explores how the courts have interpreted the changing pornography laws with advances in technology. It then specifically assesses the different approaches the courts take when reconciling the mens rea (the mental element) of knowledge in accordance with possession. Finally, this comment analyzes the strengths and flaws in the courts’ arguments and suggests a proposal for how the courts should deal with the cache in relation to the criminalization of possession within the federal child pornography laws.
Exposure To Police Brutality Allows For Transparency And Accountability Of Law Enforcement, 33 J. Marshall J. Info. Tech. & Privacy L. 75 (2017), Kendal Harden
UIC John Marshall Journal of Information Technology & Privacy Law
Thanks to the advancements in technology and valor of citizens, the public is finally able to understand the true severity of police brutality within the United States. The following considerations aim to address the lack of accountability and transparency of police brutality in the United States today. Part III will show how advancements in technology brings police brutality to the forefront of our nation’s issues by creating an informed society. Part IV will describe how individual states control the use of private cameras and cell phones of citizens to capture occurrences of police brutality. States do this by employing anti-wiretapping …
Protecting Colleges & Universities Against Real Losses In A Virtual World, 33 J. Marshall J. Info. Tech. & Privacy L. 101 (2017), Gregory Demers, Seth Harrington, Mark Cianci, Nicholas Green
Protecting Colleges & Universities Against Real Losses In A Virtual World, 33 J. Marshall J. Info. Tech. & Privacy L. 101 (2017), Gregory Demers, Seth Harrington, Mark Cianci, Nicholas Green
UIC John Marshall Journal of Information Technology & Privacy Law
Colleges and universities are prime targets for cyberattacks. Authors Gregory L. Demers, Seth C. Harrington, Mark A. Cianci, and Nicholas R. Green explore emerging data security risks and litigation trends on college campuses, and offer ways to manage these risks through a comprehensive insurance plan. Given the increasing variety and complexity of plans available, it is incumbent upon universities to regularly reassess the coverage afforded by their existing policies.
Restorative Justice And The Value Of Victims, Offenders, And A Cloud Of Witnesses, 50 J. Marshall L. Rev. 451 (2017), Jeanne Bishop
Restorative Justice And The Value Of Victims, Offenders, And A Cloud Of Witnesses, 50 J. Marshall L. Rev. 451 (2017), Jeanne Bishop
UIC Law Review
No abstract provided.
Protecting Injured Workers By Eliminating The Use Of The American Medical Association Guides In Evaluation Of Permanent Partial Disability, 50 J. Marshall L. Rev. 589 (2017), Dan Debias
UIC Law Review
This comment will demonstrate why using an AMA impairment rating as the sole determinant in evaluating an injured worker's disability would be a fundamentally unfair concept. Part II of this comment will discuss the history of compensation remedies for injured workers, both federally and in Illinois. Part II will also explain Illinois' calculation of permanent partial disability benefits, the 2011 amendments to the Illinois Workers' Compensation Act ("Act"), and the recently proposed changes to the Act concerning the AMA Guides. Part III will analyze the AMA Guides in more detail, including research into its flaws, the constitutionality of its inclusion …
The Manufacturing And Trafficking Of Narcotics: An Overview Of Global Laws, 50 J. Marshall L. Rev. 813 (2017), Waseem Ahmad Qureshi
The Manufacturing And Trafficking Of Narcotics: An Overview Of Global Laws, 50 J. Marshall L. Rev. 813 (2017), Waseem Ahmad Qureshi
UIC Law Review
This paper will focus mainly on the use, manufacturing, trafficking, and adverse effects of narcotic drugs. In addition, the major laws against the manufacturing, use, and trafficking of drugs will also be discussed, and the successes and hurdles in preventing the trafficking, use, and manufacturing of narcotic drugs will also be evaluated. Strictly curbing the manufacturing and trafficking of narcotic drugs can reduce the spread of this abhorrence in society.
Segregation, Violence, And Restorative Justice: Restoring Our Communities, 50 J. Marshall L. Rev. 487 (2017), Michael Seng
Segregation, Violence, And Restorative Justice: Restoring Our Communities, 50 J. Marshall L. Rev. 487 (2017), Michael Seng
UIC Law Review
This article will explain why restorative justice is an effective remedy in resolving the social and economic problems that plague our communities. A narrow approach will not succeed. Restorative justice solutions require participation by the entire community; nothing less will work.
Telemedicine In Illinois: Untangling The Complex Legal Threads, 50 J. Marshall L. Rev. 885 (2017), Laura Wibberley
Telemedicine In Illinois: Untangling The Complex Legal Threads, 50 J. Marshall L. Rev. 885 (2017), Laura Wibberley
UIC Law Review
This Comment begins in Section II with an overview of the current telemedicine practices in healthcare, as well as the current law within Illinois regarding telemedicine use. Section III of this Comment discusses the flaws under the current Illinois law that act to impede licensed medical professionals from providing telemedicine services in patient care. Section III specifically focuses on the area of medical negligence to include the establishment of the physician-patient relationship, the applicable standard of care, and the scope of the requisite informed consent. This Section also examines and compares various legislation enacted in other states that provide a …
Incorporating Social Justice Into The Law School Curriculum With A Hybrid Doctrinal/Writing Course, 50 J. Marshall L. Rev. 221 (2017), Rosa Castello
Incorporating Social Justice Into The Law School Curriculum With A Hybrid Doctrinal/Writing Course, 50 J. Marshall L. Rev. 221 (2017), Rosa Castello
UIC Law Review
Educating future lawyers is about more than just teaching them substantive law. We are preparing professionals who will go out into our world and shape and affect it in deep and impacting ways. They will make law, enforce law, determine policy, defend people, advocate, and influence lives and businesses. Therefore, any thorough law school education should teach social justice and encourage students to become more engaged in activism. One way to incorporate social justice into the law school curriculum is to offer specific courses focused on social justice. However, administrators may be concerned about demand for such classes or ability …
Who’S Gonna Take The Weight: Using Legal Storytelling To Ignite A New Generation Of Social Engineers, 50 J. Marshall L. Rev. 231 (2017), Camille Lamar Campbell
Who’S Gonna Take The Weight: Using Legal Storytelling To Ignite A New Generation Of Social Engineers, 50 J. Marshall L. Rev. 231 (2017), Camille Lamar Campbell
UIC Law Review
So I ask the rhetorical question: “Who’s Gonna Take the Weight?” to mobilize law professors—the people responsible for shaping students’ professional identities—to use storytelling techniques to overcome the corrosive effects of stereotypes and implicit biases on controversial clients’ access to legal services and on the lawyer’s professional identity as a social engineer. This article precedes in two parts. Part II explores traditional client selection models and endorses a Houstonian approach to client selection, one that acknowledges the challenges of representing controversial clients within a framework that also acknowledges the social justice consequences of denying representation to controversial clients. Part III …
Rule Of Law, Activism And Equality: Growing Antisubordination Norms Within The University, 50 J. Marshall L. Rev. 249 (2017), Peter Halewood, Donna Young
Rule Of Law, Activism And Equality: Growing Antisubordination Norms Within The University, 50 J. Marshall L. Rev. 249 (2017), Peter Halewood, Donna Young
UIC Law Review
This article examines this recent surge of student activism to determine how it fits within larger social movements and to evaluate how receptive courts and legislatures may be to some of the claims raised by the protests. Significant changes in civil rights laws have often been driven by significant shifts in societal perceptions of and engagement with social justice issues. And importantly, social movements have often fostered the political pressure necessary for social, legal, and political reform. There is the potential for these protests to influence courts and legislatures and shape their interpretations of legal rules in ways that recognize …
Beyond The ‘Resiliency’ And ‘Grit’ Narrative In Legal Education: Race, Class, And Gender Considerations, 50 J. Marshall L. Rev. 271 (2017), Christian Sundquist
Beyond The ‘Resiliency’ And ‘Grit’ Narrative In Legal Education: Race, Class, And Gender Considerations, 50 J. Marshall L. Rev. 271 (2017), Christian Sundquist
UIC Law Review
The narrative on modifying legal education to produce entrepreneurial students with resiliency and “grit,” however, often has a troubling class and race-regarding dimension. This Essay argues that the “grit” reform initiative has the potential to rationalize future disparities, by shifting the focus from responding to the continuing impact of poverty and identity bias on student outcomes to bolstering individual character traits and resiliency. Our country has a long and troubling history of adopting such post-oppression “distancing moves” in order to discount the effect that systemic bias has on inequality, including disparate legal outcomes, by focusing solely on personal responsibility and …
Big Pharma Versus Inter Partes Review: Why The Pharmaceutical Industry Should Seek Logical Hatch-Waxman Reform Over Inter Partes Review Exemption, 50 J. Marshall L. Rev. 337 (2017), Francisco Javier Espinosa
Big Pharma Versus Inter Partes Review: Why The Pharmaceutical Industry Should Seek Logical Hatch-Waxman Reform Over Inter Partes Review Exemption, 50 J. Marshall L. Rev. 337 (2017), Francisco Javier Espinosa
UIC Law Review
No abstract provided.
The Benefits Outweigh The Costs: Illinois Should Apply State Exclusionary Rule As Remedy For Article I Section 6 Violations, 50 J. Marshall L. Rev. 397 (2017), Nicholas J. Kamide
The Benefits Outweigh The Costs: Illinois Should Apply State Exclusionary Rule As Remedy For Article I Section 6 Violations, 50 J. Marshall L. Rev. 397 (2017), Nicholas J. Kamide
UIC Law Review
This comment will argue that Illinois courts (1) are not restricted by their own judicially imposed lockstep doctrine from applying the exclusionary rule based on Article I Section 6 ("state exclusionary rule" herein); and (2) should specifically apply the state exclusionary rule as the remedy for Fourth Amendment violations (and Article I section 6 violations) instead of the exclusionary rule based on the language of the Fourth Amendment ("federal exclusionary rule" herein), which currently offers Illinois residents, and specifically criminal defendants, less constitutional protection.
Restorative Justice: A Look At A Legal Community Creating Harmony On The Front Lines Of An Urban Jungle, 50 J. Marshall L. Rev. 463 (2017), Daniela Velez
UIC Law Review
No abstract provided.
Restorative Justice In Chicago And Abroad: Comparing The Work Of The Community Of Sant’Egidio To The Restorative Justice In The United States, 50 J. Marshall L. Rev. 511 (2017), Sheila Murphy, Scott Priz
Restorative Justice In Chicago And Abroad: Comparing The Work Of The Community Of Sant’Egidio To The Restorative Justice In The United States, 50 J. Marshall L. Rev. 511 (2017), Sheila Murphy, Scott Priz
UIC Law Review
The first section of this article will describe what Restorative Justice is to get a better understanding of this alternative to the punitive criminal justice system. It will then describe the work done by the Community of Sant’Egidio in Rome through the lens of Restorative Justice. It will move on to the state of the criminal justice system in Cook County and the United States, particularly in how it treats criminal behavior. In particular, it will compare the work of Sant’Egidio to the Restorative Justice work being done by state Drug Treatment Courts. Federal reentry courts address the problems of …
Reviving The Fourth Amendment: Reasonable Expectation Of Privacy In A Cell Phone Age, 50 J. Marshall L. Rev. 555 (2017), Marisa Kay
UIC Law Review
No abstract provided.
The Impact Of Estate Of Howell: Guardianship, Heir Misbehavior, And The Modern Family Within Illinois, 50 J. Marshall L. Rev. 615 (2017), Michael Habic
UIC Law Review
This Comment shall discuss and evaluate the guardianship decision-making standard implemented in Estate of Howell as it relates to guardianships of disabled persons, and why Illinois has the best scheme for safeguarding the assets of a disabled adult when a guardian creates an estate plan on his or her behalf. The discussion is based on the holding in Estate of Howell that a guardian may act on behalf of the disabled adult’s interests and therefore the disabled adult’s last will and testament need not conform to the rules of intestacy, because of the hierarchical substituted judgment and best interests rule …
Principles Limiting Recovery Against Undercover Investigators In Ag-Gag States: Law, Policy And Logic, 50 J. Marshall L. Rev. 649 (2017), Sarah Hanneken
Principles Limiting Recovery Against Undercover Investigators In Ag-Gag States: Law, Policy And Logic, 50 J. Marshall L. Rev. 649 (2017), Sarah Hanneken
UIC Law Review
This Comment explores the history and purpose of ag-gag legislation as well as its constitutional shortcomings, particularly with regard to damages. Using North Carolina’s recent ag-gag efforts to silence whistleblowers as an effective case study, this Comment explains how free-speech protections, public policy, and causation principles all limit the monetary damages recoverable against undercover investigators. It begins in Part II with a history of undercover investigations and their role in confronting systemic exploitation within various industries. It then describes how these industries have responded to the unwanted attention by turning to the courts and legislatures for redress. It is in …
Extraterritorial Constitutionalism: A Rule Proposed, 50 J. Marshall L. Rev. 787 (2017), Joseph Alfe
Extraterritorial Constitutionalism: A Rule Proposed, 50 J. Marshall L. Rev. 787 (2017), Joseph Alfe
UIC Law Review
Does the Fourth Amendment apply in cases of cross-border shootings of foreign nationals, when those shots were fired by United States Border Patrol agents from American soil, striking a victim in Mexico? In oral argument, Petitioner failed to heed the trail of breadcrumbs strewn at his feet by inquisitive Supreme Court Justices. A workable, yet narrow rule that would plug the critically important gap in application of the United States Constitution to remedy such cross-border atrocities, was not articulated. I propose one here. The world’s busiest border is that which is shared between the United States and Mexico. Our countries …
Charter School Laws In The United States: The Good, The Bad, And Illinois, 50 J. Marshall L. Rev. 965 (2017), Alexandra Verven
Charter School Laws In The United States: The Good, The Bad, And Illinois, 50 J. Marshall L. Rev. 965 (2017), Alexandra Verven
UIC Law Review
This goal of this Comment is to highlight the areas in which Illinois can improve its charter school law in hopes of becoming the best ranked law in the nation. To get there, one must understand the operation and usage of charter schools in addition to the evolution of the charter school movement. It is also vital to recognize the three basic principles of charter schools to truly appreciate the NAPCS’s model charter school law. After having a general comprehension of the background, this Comment seeks to compare Illinois’s charter school law with that of Indiana (the best ranked state) …
Opposing Sexual Harassment May Not Be Enough For A Retaliation Claim Under Title Vii: Why Refusing Sexual Advances Is Not Enough, 50 J. Marshall L. Rev. 1007 (2017), Simi Lorenz
UIC Law Review
Part II of this paper outlines Title VII of the Civil Rights of 1964 retaliation claims, types of protected activity, and types of sexual harassment. Part III will analyze the District Court and Circuit Court decisions discussing refusing sexual harassment as a protected activity. Part IV outlines the standards that the Circuit Courts should follow in determining what is necessary to constitute a protected activity. Part V examines the policy goals achieved in setting standards for how rejecting sexual harassment constitutes a protected activity. Further, Part IV outlines the analysis used by the Sixth and Eighth Circuits, which should be …
Navigating The Rubicon: Constitutionalism And The Inevitability Of The Social Contract, 51 J. Marshall L. Rev. 1 (2017), Lillian M. Spiess
Navigating The Rubicon: Constitutionalism And The Inevitability Of The Social Contract, 51 J. Marshall L. Rev. 1 (2017), Lillian M. Spiess
UIC Law Review
No abstract provided.
Shutting Down The Child Exploitation Industry Through Enterprise-Based Prosecution, 51 J. Marshall L. Rev. 59 (2017), Julia Maloney
Shutting Down The Child Exploitation Industry Through Enterprise-Based Prosecution, 51 J. Marshall L. Rev. 59 (2017), Julia Maloney
UIC Law Review
No abstract provided.
Legal Solutions To A Political Party National Committee Undermining U.S. Democracy, 51 J. Marshall L. Rev. 107 (2017), John Baglia
Legal Solutions To A Political Party National Committee Undermining U.S. Democracy, 51 J. Marshall L. Rev. 107 (2017), John Baglia
UIC Law Review
No abstract provided.