Law Commons^™

Saving Substantial Similarity, 73 Fla. L. Rev. 591 (2021), Daryl Lim

UIC Law Open Access Faculty Scholarship

Substantial similarity, an analysis of the similarity between two works, is the fulcrum of copyright infringement. Recent cases involving Led Zeppelin's signature song “Stairway to Heaven,” the award-winning movie “The Shape of Water,” and Google and Oracle's dispute over computer code all required courts to grapple with this fundamental analysis. This Article reveals that today's copyright plaintiffs have only a one-in-ten chance of winning--the worst in a century--and also discusses the cause of this trend--defendants' devastatingly effective use of pretrial motions and the rise of lawsuits against nonrival defendants. Scholarly debates on substantial similarity typically revolve around the works of …

Don Quixote Or Darth Vader? President Trump's Views On International Humanitarian Law, 20 Wash. U. Global Stud. L. Rev. 45 (2021), Stuart Ford

UIC Law Open Access Faculty Scholarship

This Article explores President Trump's views on international humanitarian law (IHL) - the body of rules that regulates the conduct of parties involved in an armed conflict. His beliefs are unlike those of any modern President. He has repeatedly called for actions that everyone, including his own administration, agree constitute war crimes. For example, he has called for the U.S. to torture its enemies, has threatened to kill the family members of enemy combatants, has praised the execution of prisoners by U.S. soldiers, has threatened to attack cultural heritage sites in Iran, and has said he wants to pillage Syria's …

Recent Developments In International Litigation, 56 Tort Trial & Ins. Prac. L.J. 505 (2021), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.

Substantial Similarity’S Silent Death, 48 Pepp. L. Rev. 713 (2021), Daryl Lim

UIC Law Open Access Faculty Scholarship

No abstract provided.

Review Of Recent Veterans Law Decisions Of The Federal Circuit, 69 Am. U. L. Rev. 1343 (2020), Angela Drake, Yelena Duterte, Stacey Rae Simcox

UIC Law Open Access Faculty Scholarship

The last in-depth review of veterans law cases decided by the Federal Circuit was published by the American University Law Review in 2015. Since that time, the Federal Circuit has substantially changed procedural rules applicable to veterans cases, including authorizing the use of the class action device and clarifying the correct standard to use when challenging agency delay and inaction. In an important case with wide application to administrative law generally, the Federal Circuit addressed the issue of proper deference for agency regulations and policies. The Supreme Court granted certiorari in Kisor v. Wilkie and reaffirmed principles articulated in Auer …

Guarding The Guardians: Should Guardians Ad Litem Be Immune From Liability For Negligence?, 51 Loy. U. Chi. L.J. 1001 (2020), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

Forgiven, Forgotten? Rethinking Victim Impact Statements For An Era Of Decarceration, 68 Ucla L. Rev. Discourse 302 (2020), Hugh Mundy

UIC Law Open Access Faculty Scholarship

No abstract provided.

Has President Trump Committed A War Crime By Pardoning War Criminals?, 35 Am. U. Int'l L. Rev. 757 (2020), Stuart Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

Can The International Criminal Court Succeed? An Analysis Of The Empirical Evidence Of Violence Prevention, 43 Loy. L.A. Int'l & Comp. L. Rev. 101 (2020), Stuart Ford

UIC Law Open Access Faculty Scholarship

Despite significant optimism about the future of the International Criminal Court (“ICC”) during its early years, recently there has been growing criticism of it by both scholars and governments. As a result, there appears to be more doubt about the ICC's ability to succeed now than at any other point in its history. So, are the critics correct? Is the ICC failing? No. This Article argues that, not only can the ICC succeed, there is strong evidence that it is already succeeding. It analyzes several recent empirical articles that have convincingly demonstrated that the ICC prevents serious violations of international …

A Current Update Of Epcrs Through Rev. Proc. 2019-19, 47 Tax Mgmt. Comp. Plan. J. 1 (Dec. 6, 2019), Kathryn J. Kennedy

UIC Law Open Access Faculty Scholarship

No abstract provided.

Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, 21 The Scholar 255 (2019), Teri A. Mcmurtry-Chubb

UIC Law Open Access Faculty Scholarship

No abstract provided.

In Search Of The Common Law Inside The Black Female Body, 114 Nw. U.L. Rev. Online 187 (2019), Teri A. Mcmurtry-Chubb

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Need For A Wealth Inequality Amendment, 122 W. Va. L. Rev. 1 (2019), Stuart Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

Notable Employee Benefits Articles Of 2018, 163 Tax Notes 1829 (2019), Kathryn J. Kennedy, Melissa Travis

UIC Law Open Access Faculty Scholarship

Kathryn J. Kennedy and Melissa Travis summarize 10 noteworthy law review articles published in 2018.

Students In A Menu Of Degrees Providing Context For Understanding And Learning The Transactional Attorney's Role, 20 Transactions: Tenn. J. Bus. L. 627 (2019), Celeste M. Hammond

UIC Law Open Access Faculty Scholarship

No abstract provided.

Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, 27 Wm. & Mary Bill Rts. J. 659 (2019), Stuart Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

Fisher's Forewarning: Using Data To Normalize College Admissions, 21 U. Pa. J. Const. L. 813 (2019), Shakira D. Pleasant

UIC Law Open Access Faculty Scholarship

This Article presents a nuanced view of Fisher v. University of Texas that has largely been ignored in mainstream discourse in the case. In Fisher, Justice Anthony Kennedy cast the deciding vote to uphold the University of Texas (“UT”) race-conscious admissions policy. This was the first time that Justice Kennedy voted to uphold a race-conscious policy, and many commentators have focused on this aspect of his Fisher majority opinion. However, Justice Kennedy also gave a stern forewarning to UT and other universities: in the future, they better have strong data to show that they need to use race-conscious admissions. …

Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, 26 Mich. J. Gender & L. 1 (2019), Debra P. Stark, Jessica M. Choplin, Sarah Wellard

UIC Law Open Access Faculty Scholarship

Promoting the best interests of children and protecting their safety and well-being in the context of a divorce or parentage case where domestic violence has been alleged has become highly politicized and highly gendered. There are claims by fathers’ rights groups that mothers often falsely accuse fathers of domestic violence to alienate the fathers from their children and to improve their financial position. They also claim that children do better when fathers are equally involved in their children’s lives, but that judges favor mothers over fathers in custody cases. As a consequence, fathers’ rights groups have engaged in a nationwide …

Empirical Analysis Of Existing Human Rights Treaties And Prospects For Vulnerable Groups, 29 Transnat'l L. & Contemp. Probs. 63 (2019), William B.T. Mock

UIC Law Open Access Faculty Scholarship

No abstract provided.

Climate Change Limitations Of The Legal System In Addressing The Threats, Iafor International Conference On Sustainability, Energy & The Environment 2019, Celeste M. Hammond

UIC Law Open Access Faculty Scholarship

Climate Change Limitations of the Legal System in Addressing the Threats, IAFOR International Conference on Sustainability, Energy & the Environment 2019

People V Dunn Opening Brief, J. Damian Ortiz

UIC Law Open Access Faculty Scholarship

No abstract provided.

Cooperation Chicago: Building Chicago's Worker Cooperative Ecosystem, Renee Hatcher

UIC Law Open Access Faculty Scholarship

No abstract provided.

No More Tiers? Proportionality As An Alternative To Multiple Levels Of Scrutiny In Individual Rights Cases, Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

A Hierarchy Of The Goals Of International Criminal Courts, 27 Minn. J. Int'l L. 179 (2018), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

This Article represents the first attempt to systematically assess and compare the goals of international criminal courts to one another. To compare them, it focuses on their expected value. This is the value of the benefit that would occur if the goal were to be achieved, multiplied by the likelihood that it will be achieved. This approach allows for goals of differing value and likelihood of achievement to be compared to one another. The goal with the highest expected value is the goal that is most important and that international criminal courts should prioritize.

This Article demonstrates that it is …

Bridges Ii: The Law–Stem Alliance & Next Generation Innovation, 112 Nw. U. L. Rev. Online 147 (2018), Daryl Lim

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Rise And Fall Of Fear Of Abuse In Consumer Bankruptcy: Most Recent Comparative Evidence From Europe And Beyond, 96 Tex. L. Rev. 1327 (2018), Jason Kilborn

UIC Law Open Access Faculty Scholarship

Prepared for a symposium celebrating the groundbreaking career of Jay Westbrook, this Article examines recent evidence of fear of abuse of the benefits of consumer bankruptcy and the gradual abatement of that fear in modern consumer insolvency law reform. It marshals evidence of a recent and accelerating retreat in both the judicial discretion that Westbrook attributed to lawmakers' fear of abuse and other more direct techniques to avoid abusive recourse to consumer discharge. Fear of abuse appears to be diminishing with accumulated experience as indicated by recent liberalizing reforms in Denmark, Slovakia, Poland, Austria, Russia, and Romania. At the same …

Corporate Ethics: Approaches And Implications To Expanding The Corporate Mindset Of Profitability, 49 Loy. U. Chi. L.J. 637 (2018), Arthur Acevedo

UIC Law Open Access Faculty Scholarship

This Article discusses the convergence of law and ethics in the context of corporations. It begins by detailing past attempts at and limitations on regulating corporate conduct. It then explores the business judgment rule in the context of ethical conduct. Finally, it considers the growing influence of millennials and social investing on corporate conduct, and concludes by cautioning corporate directors to adopt ethical practices in order to remain relevant in the marketplace.

Ahead Of His Time: Cardozo And The Current Debates On Professional Responsibility, 34 Touro L. Rev. 63 (2018), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Meaning Of Gravity At The International Criminal Court: A Survey Of Attitudes About The Seriousness Of Mass Atrocities, 24 U.C. Davis J. Int'l L. & Pol'y 209 (2018), Stuart Ford

UIC Law Open Access Faculty Scholarship

Gravity is an enormously important concept at the International Criminal Court (ICC). The word appears nine times in the Rome Statute and is crucial at every stage of the proceedings. It is an important factor in decisions about which situations to investigate, which individuals the court will try, and what sentences to impose on those convicted of violating international criminal law.

Gravity may also be important for the long-term success of the court. The Rome Statute states that the ICC will exercise jurisdiction over “the most serious crimes” that “deeply shock the conscience of humanity.” It also claims that the …

Biologics As The New Antitrust Frontier: Reflections, Riposte, And Recommendations, 2018 U. Ill. L. Rev. Online 209 (2018), Daryl Lim

UIC Law Open Access Faculty Scholarship

No abstract provided.