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Articles 1 - 30 of 46
Full-Text Articles in Law
The Continuing Controversy Over Labor Board Deferral To Arbitration--An Alternative Approach, 24 Stetson L. Rev. 175 (1994), Gerald E. Berendt, David A. Youngerman
The Continuing Controversy Over Labor Board Deferral To Arbitration--An Alternative Approach, 24 Stetson L. Rev. 175 (1994), Gerald E. Berendt, David A. Youngerman
UIC Law Open Access Faculty Scholarship
No abstract provided.
In Terrorem Clauses: More Bark Than Bite?, 25 Loy. U. Chi. L.J. 493 (1994), Ronald Z. Domsky
In Terrorem Clauses: More Bark Than Bite?, 25 Loy. U. Chi. L.J. 493 (1994), Ronald Z. Domsky
UIC Law Open Access Faculty Scholarship
No abstract provided.
Defining The Scope Of The Constitutional Right To Marry: More Than Tradition, Less Than Unlimited Autonomy, 70 Notre Dame L. Rev. 39 (1994), Donald L. Beschle
Defining The Scope Of The Constitutional Right To Marry: More Than Tradition, Less Than Unlimited Autonomy, 70 Notre Dame L. Rev. 39 (1994), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
State V. Mchugh: The Louisiana Supreme Court Upholds Gaming Checks, 69 Tul. L. Rev. 611 (1994), Anthony Niedwiecki
State V. Mchugh: The Louisiana Supreme Court Upholds Gaming Checks, 69 Tul. L. Rev. 611 (1994), Anthony Niedwiecki
UIC Law Open Access Faculty Scholarship
No abstract provided.
Judicial Review Of Discretionary Immigration Decisionmaking, 31 San Diego L. Rev. 861 (1994), Michael G. Heyman
Judicial Review Of Discretionary Immigration Decisionmaking, 31 San Diego L. Rev. 861 (1994), Michael G. Heyman
UIC Law Open Access Faculty Scholarship
The Immigration and Nationality Act vests enormous discretion in the Attorney General and her subordinates, a discretion exercised frequently at all levels of the immigration system. Despite this, though, judicial review of these decisions has followed a very uneven, troubled course. This Article will explore the reasons for this, focusing first on the Administrative Procedure Act and the elusive meaning of discretion itself. It will demonstrate the "disintegration" of administrative law and the failure of its general precepts to accommodate immigration issues. Next, it will trace the development of faulty doctrine through case law, resulting in a terribly stunted judicial …
Using International Human Rights Law To Advance Queer Rights: A Case Study For The American Declaration Of The Rights And Duties Of Man, 55 Ohio St. L.J. 649 (1994), Mark E. Wojcik
UIC Law Open Access Faculty Scholarship
In addition to violating various provisions of federal and state constitutions, anti-gay ballot initiatives may violate international human rights norms. I see three reasons to invoke international human rights to challenge these initiatives. First, international human rights norms place the struggle for gay and lesbian rights in its proper context as a struggle for human rights. Second, some of the international human rights instruments provide both a source of legal obligation and an additional forum to challenge anti-gay ballot initiatives. Third and finally, if lesbian and gay activists in the United States establish that documents such as the American Declaration …
Teaching And Learning In Law School: An “Alternative” Bookshelf For Law School Teachers, 29 Gonz. L. Rev. 49 (1994), Paul T. Wangerin
Teaching And Learning In Law School: An “Alternative” Bookshelf For Law School Teachers, 29 Gonz. L. Rev. 49 (1994), Paul T. Wangerin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Police Interrogation: The Privilege Against Self-Incrimination, The Right To Counsel, And The Incomplete Metamorphosis Of Justice White, 48 U. Miami L. Rev. 511 (1994), Ralph Ruebner
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Price Of Trust: An Examination Of Fiduciary Duty And The Lender-Borrower Relationship, 29 Wake Forest L. Rev. 719 (1994), Cecil J. Hunt Ii
The Price Of Trust: An Examination Of Fiduciary Duty And The Lender-Borrower Relationship, 29 Wake Forest L. Rev. 719 (1994), Cecil J. Hunt Ii
UIC Law Open Access Faculty Scholarship
Comparing the search for elements which will give rise to a fiduciary relationship between a bank and a borrower to the quest for the elusive holy grail, Professor Hunt proposes that, rather than existing only in special circumstances, the fiduciary relationship is a normal aspect of the bank-borrower relationship. Hunt explains that a fiduciary obligation is part of the parties' assumptive base in the bank-borrower relationship that must by necessity exist before any borrower would entrust private or business information to a bank in return for a loan. While acknowledging that such a relationship might be inapposite in the initial …
Book Review: Aids In The World, 16 Hous. J. Int'l L. 709 (1994), Mark E. Wojcik
Book Review: Aids In The World, 16 Hous. J. Int'l L. 709 (1994), Mark E. Wojcik
UIC Law Open Access Faculty Scholarship
No abstract provided.
Reply Brief, Lundy V. I.R.S., 220 F.3d 1134 (Fourth Circuit Court Of Appeals 1995) (94-1260), Glenn P. Schwartz
Reply Brief, Lundy V. I.R.S., 220 F.3d 1134 (Fourth Circuit Court Of Appeals 1995) (94-1260), Glenn P. Schwartz
Court Documents and Proposed Legislation
No abstract provided.
The Copyright And Trade Secret Protection Of Communication Software: Placing A Lock On Interoperability, 13 J. Marshall J. Computer & Info. L. 17 (1994), Steven N. Dupont
The Copyright And Trade Secret Protection Of Communication Software: Placing A Lock On Interoperability, 13 J. Marshall J. Computer & Info. L. 17 (1994), Steven N. Dupont
UIC John Marshall Journal of Information Technology & Privacy Law
The author argues that courts must take into account industry demands for interoperable computer products in determining the proper scope of protection enjoyed by computer software. Part II of the article discusses the technical aspects of a communications software system in the context of a hypothetical software developer. Part III of the article analyzes how compatibility concerns affect the determination of the proper scope of copyright and trade secret protection. Part IV of the article gives an overview of the anti-trust concerns in light of the current debate surrounding interoperability. The article concludes that economically adequate legal protection for communications …
The Encrypted Self: Fleshing Out The Rights Of Electronic Personalities, 13 J. Marshall J. Computer & Info. L. 1 (1994), Curtis E. A. Karnow
The Encrypted Self: Fleshing Out The Rights Of Electronic Personalities, 13 J. Marshall J. Computer & Info. L. 1 (1994), Curtis E. A. Karnow
UIC John Marshall Journal of Information Technology & Privacy Law
The electronic community is faced with a now classic dilemma: the tug-of-war between the desire for a free flow of information and the need for privacy. The problem can be recast as the pull between freedom of access in one direction, and, in the other direction, the right of self-determination and control over the dissemination of information. Often, the same individuals and organizations are vociferously in favor of both interests. The interests at stake are, respectively, those of the community versus those of the individual. The conflict is the traditional juxtaposition, which raises the traditional issue of rights, responsibilities and …
Ibm V. Comdisco: Are Modified 3090 Computers Counterfeit?, 13 J. Marshall J. Computer & Info. L. 93 (1994), Amy J. Grason
Ibm V. Comdisco: Are Modified 3090 Computers Counterfeit?, 13 J. Marshall J. Computer & Info. L. 93 (1994), Amy J. Grason
UIC John Marshall Journal of Information Technology & Privacy Law
This casenote discusses the recent settlement between IBM and Comdisco where IBM sued Comdisco and three other independent brokers to restrict the leasing of modified IBM equipment. Specifically, IBM argued that the reconfiguring of its IBM 3090 by the defendants violated IBM’s trademark rights. The note discusses how IBM denied the authenticity of the modified IBM 3090’s. The author argues that the sale or lease of trademarked products, which have been altered but which are so identified cannot, as a matter of law, violate trademark rights. The author further states that by allowing manufacturers to disavow their own products is …
Virtual Reality: The Reality Of Getting It Admitted, 13 J. Marshall J. Computer & Info. L. 145 (1994), Mary C. Kelly, Jack N. Bernstein
Virtual Reality: The Reality Of Getting It Admitted, 13 J. Marshall J. Computer & Info. L. 145 (1994), Mary C. Kelly, Jack N. Bernstein
UIC John Marshall Journal of Information Technology & Privacy Law
Computer animation is the newest tool to turn up in courtrooms around the country in the area of demonstrative evidence. These animations create a virtual reality that lawyers can use to demonstrate objects, situations, or acts to juries -- objects, situations, and acts that would otherwise be difficult for a group of people to completely appreciate or understand through more traditional evidnetiary means. Recent technological advancements mean that this three-dimensional virtual reality can make quite an impact on a jury or judge, without making too great an impact on client's budgets. Computer animation and the various types of virtual reality …
Brown V. Iowa Legislative Council: Struggling With The Application Of The Freedom Of Information Act To Computerized Government Records, 13 J. Marshall J. Computer & Info. L. 123 (1994), Elizabeth M. Dillon
Brown V. Iowa Legislative Council: Struggling With The Application Of The Freedom Of Information Act To Computerized Government Records, 13 J. Marshall J. Computer & Info. L. 123 (1994), Elizabeth M. Dillon
UIC John Marshall Journal of Information Technology & Privacy Law
In 1996, Congress passed the Freedom of Information Act (FOIA) to promote public access of information held by the federal government. Consequently, fifty states followed the lead by passing similar statutes providing public access to information held by state governments. While FOIA statutes facilitates the dissemination of information, the use of "records" in the statutes proves to be problematic in this computer age. Part of the accessible records is the information of redistricting of the states, a federal constitutional requirement on the states every ten years. In the Brown v. Iowa Legislative Council, plaintiff sought to gain access to the …
Has The Computer Changed The Law?, 13 J. Marshall J. Computer & Info. L. 43 (1994), David C. Tunick
Has The Computer Changed The Law?, 13 J. Marshall J. Computer & Info. L. 43 (1994), David C. Tunick
UIC John Marshall Journal of Information Technology & Privacy Law
The computer has caused changes to over forty areas of the law. While not exhaustive, the areas of law examined in this article show that computers have caused certain areas of the law to evolve while others remain virtually unchanged. Computer use has not changed in the area of commercial law. Computer contracts can involve hardware, software or services. Whether the Uniform Commercial Code applies to acquisitions has been the subject of much litigation turning on whether the software is canned or custom. Courts analyze the custom software cases under existing tests including the "dominant element" test, the "end product …
§ 117 - The Right To Adapt Into The Fourth Generation And The Source Code Generator's Dilemma, 12 J. Marshall J. Computer & Info. L. 537 (1994), Marvin N. Benn, Richard J. Superfine
§ 117 - The Right To Adapt Into The Fourth Generation And The Source Code Generator's Dilemma, 12 J. Marshall J. Computer & Info. L. 537 (1994), Marvin N. Benn, Richard J. Superfine
UIC John Marshall Journal of Information Technology & Privacy Law
Section 117, of The Copyright Act of 1976, which regulates the copying of a computer software program by an authorized or registered user, serves as an exception or defense to an allegation of software infringement. This exception is grounded in the concept that an individual who lawfully purchases a computer software program should have the right to copy that program to some extent. However, courts have not developed a uniform approach to analyzing Section 117. This paper offers a union of tests used individually by courts to resolve this problem of legal inconsistency. The courts have developed a three-step approach …
The American Health Security Act And Privacy: What Does It Really Cost?, 12 J. Marshall J. Computer & Info. L. 585 (1994), Susan E. Corsey
The American Health Security Act And Privacy: What Does It Really Cost?, 12 J. Marshall J. Computer & Info. L. 585 (1994), Susan E. Corsey
UIC John Marshall Journal of Information Technology & Privacy Law
For many years, the American health care system has been plagued by dependence on a cumbersome paper-based recording system that adds to the astronomical cost of health care in the U. S. In 1994, President Clinton proposed a national health care plan, the American Health Security Act, that would ensure comprehensive health care insurance to all Americans regardless of health or employment status. The proposed system depends on a centralized computer system that offers streamlined access to health care information, which must be accessible anywhere the patient goes. Although the proposed system would offer greater efficiency and consistency in the …
Electronic Data Interchange: Uses And Legal Aspects In The Commercial Arena, 12 J. Marshall J. Computer & Info. L. 511 (1994), Robert W. Mckeon Jr.
Electronic Data Interchange: Uses And Legal Aspects In The Commercial Arena, 12 J. Marshall J. Computer & Info. L. 511 (1994), Robert W. Mckeon Jr.
UIC John Marshall Journal of Information Technology & Privacy Law
Electronic Data Interchange (EDI), computer-to-computer communication, allows rapid exchange of information and is capable of dramatically increasing commercial efficiency. Faster than mail, personal meetings and communication via telephone, EDI will include recordkeeping, communication between governments, retail use and healthcare streamlining. EDI may pose future evidentiary problems including proving the source and content of the message. Numerous techniques may offer greater reliability of authentication of electronic messages by creating an audit trail when EDI is used. Using EDI for commercial transactions involving the sale of goods raises questions of contract law and the Uniform Commercial Code regarding the statute of frauds …
Legal Expert System Building: A Semi-Intelligent Computer Program Makes It Easier, 12 J. Marshall J. Computer & Info. L. 555 (1994), Grayfred B. Gray, Bruce J. Maclennan, John E. Nolt, Donald R. Ploch
Legal Expert System Building: A Semi-Intelligent Computer Program Makes It Easier, 12 J. Marshall J. Computer & Info. L. 555 (1994), Grayfred B. Gray, Bruce J. Maclennan, John E. Nolt, Donald R. Ploch
UIC John Marshall Journal of Information Technology & Privacy Law
The Natural Language Expert System Builder (NLESB) assists attorneys in producing intelligent, precise and clear legal documents. This system allows the user to link from one rule to another, which helps the attorney to find differently stated propositions that mean the same thing. In addition, the NLESB serves as a check to verify that the law within the document is in good form. The system promotes consistency by bringing similarities to the attorney's attention, it increases the clarity and precision of an argument within a legal document, and it eliminates passive voice and places the emphasis on the object of …
United States V. Deaner: Thermal Imagery, The Latest Assault On The Fourth Amendment Right To Privacy, 12 J. Marshall J. Computer & Info. L. 607 (1994), Bradley J. Plaschke
United States V. Deaner: Thermal Imagery, The Latest Assault On The Fourth Amendment Right To Privacy, 12 J. Marshall J. Computer & Info. L. 607 (1994), Bradley J. Plaschke
UIC John Marshall Journal of Information Technology & Privacy Law
The United States government's innovative use of thermal imaging technology to battle against cultivation and trafficking of marijuana is the center of debate. In United States v. Deaner, the District Court of Pennsylvania and Maryland erred in ruling that the United States government's use of thermal imaging technology in detecting the presence of marijuana and cultivation materials in the home of Tab Deaner was proper and did not violate Deaner's Fourth Amendment right to privacy. The Court affirmed Deaner's constitutional right to a subjective expectation of privacy with respect to heat emanating from his home. The Court compared the facts …
1993 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 12 J. Marshall J. Computer & Info. L. 679 (1994), Spiro P. Fotopoulos, Joseph E. Helweg, Alyce E. Hill
1993 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Respondent, 12 J. Marshall J. Computer & Info. L. 679 (1994), Spiro P. Fotopoulos, Joseph E. Helweg, Alyce E. Hill
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
1993 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 12 J. Marshall J. Computer & Info. L. 627 (1994), Timothy R. Rabel
1993 John Marshall National Moot Court Competition In Information And Privacy Law: Bench Memorandum, 12 J. Marshall J. Computer & Info. L. 627 (1994), Timothy R. Rabel
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
1993 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 12 J. Marshall J. Computer & Info. L. 645 (1994), Marie-Louise R. Samuels, Thomas W. Poultron, Scott W. Mcmickle
1993 John Marshall National Moot Court Competition In Information And Privacy Law: Brief For The Petitioner, 12 J. Marshall J. Computer & Info. L. 645 (1994), Marie-Louise R. Samuels, Thomas W. Poultron, Scott W. Mcmickle
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Watch Your E-Mail - Employee E-Mail Monitoring And Privacy Law In The Age Of The Electronic Sweatshop, 28 J. Marshall L. Rev. 139 (1994), Laurie Thomas Lee
Watch Your E-Mail - Employee E-Mail Monitoring And Privacy Law In The Age Of The Electronic Sweatshop, 28 J. Marshall L. Rev. 139 (1994), Laurie Thomas Lee
UIC Law Review
No abstract provided.
Illinois Dram Shop Reform: The Need For A Sword, Not A Shield, 28 J. Marshall L. Rev. 215 (1994), Jeffrey Wynn Allen
Illinois Dram Shop Reform: The Need For A Sword, Not A Shield, 28 J. Marshall L. Rev. 215 (1994), Jeffrey Wynn Allen
UIC Law Review
No abstract provided.
Proposal To Change The Patent Reexamination Statute To Eliminate Unnecessary Litigation, 27 J. Marshall L. Rev. 887 (1994), Marvin Motsenbocker
Proposal To Change The Patent Reexamination Statute To Eliminate Unnecessary Litigation, 27 J. Marshall L. Rev. 887 (1994), Marvin Motsenbocker
UIC Law Review
No abstract provided.
In-House Counsel Access To Confidential Information Produced During Discovery In Intellectual Property Litigation, 27 J. Marshall L. Rev. 657 (1994), Louis S. Sorell
In-House Counsel Access To Confidential Information Produced During Discovery In Intellectual Property Litigation, 27 J. Marshall L. Rev. 657 (1994), Louis S. Sorell
UIC Law Review
No abstract provided.
Defamation By Will: Theories And Liabilities, 27 J. Marshall L. Rev. 749 (1994), Paul T. Whitcombe
Defamation By Will: Theories And Liabilities, 27 J. Marshall L. Rev. 749 (1994), Paul T. Whitcombe
UIC Law Review
No abstract provided.