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Articles 1 - 30 of 96
Full-Text Articles in Law
Statement Of Professor Ralph Ruebner On Prison Conditions And Judicial Reform In Peru (Presented To The Congressional Human Rights Caucus Briefing) (May 1, 1997), Ralph Ruebner
Court Documents and Proposed Legislation
No abstract provided.
Legal Writing As A Kind Of Philosophy, 48 Mercer L. Rev. 1091 (1997), Joel R. Cornwell
Legal Writing As A Kind Of Philosophy, 48 Mercer L. Rev. 1091 (1997), Joel R. Cornwell
UIC Law Open Access Faculty Scholarship
No abstract provided.
Public Housing Privatization Using Section 8 Vouchers And I.R.C. Section 42 Low-Income Housing Tax Credits In Connection With The Use Of Lease To Purchase Options, 16 St. Louis U. Pub. L. Rev. 355 (1997), F. Willis Caruso, Mark Brennan
Public Housing Privatization Using Section 8 Vouchers And I.R.C. Section 42 Low-Income Housing Tax Credits In Connection With The Use Of Lease To Purchase Options, 16 St. Louis U. Pub. L. Rev. 355 (1997), F. Willis Caruso, Mark Brennan
UIC Law Open Access Faculty Scholarship
No abstract provided.
What's Guilt (Or Deterrence) Got To Do With It?: The Death Penalty, Ritual, And Mimetic Violence, 38 Wm. & Mary L. Rev. 487 (1997), Donald L. Beschle
What's Guilt (Or Deterrence) Got To Do With It?: The Death Penalty, Ritual, And Mimetic Violence, 38 Wm. & Mary L. Rev. 487 (1997), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Action Research In Legal Education, 33 Willamette L. Rev. 383 (1997), Paul T. Wangerin
Action Research In Legal Education, 33 Willamette L. Rev. 383 (1997), Paul T. Wangerin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Language Of Lullabies: The Russification And De-Russification Of The Baltic States, 19 Mich. J. Int'l L. 219 (1997), Sonia Bychkov Green
Language Of Lullabies: The Russification And De-Russification Of The Baltic States, 19 Mich. J. Int'l L. 219 (1997), Sonia Bychkov Green
UIC Law Open Access Faculty Scholarship
No abstract provided.
Breast Implants As Beauty Ritual: Woman's Sceptre And Prison, 9 Yale J.L. & Feminism 157 (1997), Julie M. Spanbauer
Breast Implants As Beauty Ritual: Woman's Sceptre And Prison, 9 Yale J.L. & Feminism 157 (1997), Julie M. Spanbauer
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Problem Of Parochialism In Legal Education, 5 S. Cal. Interdisc. L.J. 441 (1997), Paul T. Wangerin
The Problem Of Parochialism In Legal Education, 5 S. Cal. Interdisc. L.J. 441 (1997), Paul T. Wangerin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Justice George Sutherland And Economic Liberty: Constitutional Conservatism And The Problem Of Factions, 6 Wm. & Mary Bill Rts. J. 1 (1997), Samuel R. Olken
Justice George Sutherland And Economic Liberty: Constitutional Conservatism And The Problem Of Factions, 6 Wm. & Mary Bill Rts. J. 1 (1997), Samuel R. Olken
UIC Law Open Access Faculty Scholarship
Most scholars have viewed Justice George Sutherland as a conservative jurist who opposed government regulation because of his adherence to laissez-faire economics and Social Darwinism, or because of his devotion to natural rights. In this Article, Professor Olken analyzes these widely held misperceptions of Justice Sutherland's economic liberty jurisprudence, which was based not on socio-economic theory, but on historical experience and common law. Justice Sutherland, consistent with the judicial conservatism of the Lochner era, wanted to protect individual rights from the whims of political factions and changing democratic majorities. The Lochner era differentiation between government regulations enacted for the public …
Facing The Facts: An Empirical Study Of The Fairness And Efficiency Of Foreclosures And A Proposal For Reform, 30 U. Mich. J.L. Reform 639 (1997), Debra Pogrund Stark
Facing The Facts: An Empirical Study Of The Fairness And Efficiency Of Foreclosures And A Proposal For Reform, 30 U. Mich. J.L. Reform 639 (1997), Debra Pogrund Stark
UIC Law Open Access Faculty Scholarship
Lenders view real estate foreclosures as too expensive and time consuming a process which needlessly increases the costs of making loans. Others complain that the foreclosure process fails to adequately protect the borrower's equity (the value of the property in excess of the debt secured by the property) in the mortgaged property. This article tests these views by gathering new data on the fairness and efficiency of the foreclosure process. Based on the data collected (which confirms some assumptions but disproves others), the author proposes a reform of the foreclosure process to promote the interest of both lenders and borrowers. …
Unsolicited Commercial E-Mail And The Telephone Consumer Protection Act Of 1991, 45 Buff. L. Rev. 1001 (1997), David E. Sorkin
Unsolicited Commercial E-Mail And The Telephone Consumer Protection Act Of 1991, 45 Buff. L. Rev. 1001 (1997), David E. Sorkin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Establishing A Distribution System In The European Union: Selected Sources, 23 Wm. Mitchell L. Rev. 927 (1997), Anne Abramson
Establishing A Distribution System In The European Union: Selected Sources, 23 Wm. Mitchell L. Rev. 927 (1997), Anne Abramson
UIC Law Open Access Faculty Scholarship
No abstract provided.
Brief Of The John Marshall Law School Fair Housing Clinic As Amici Curiae In Support Of Defendant, Thomas V. Anchorage Equal Rights Commission, 220 F.3d 1134 (Ninth Circuit Court Of Appeals 2000) (Nos. 97-35220, 97-35221), John Marshall Law School Fair Housing Legal Clinic, F. Willis Caruso, Michael P. Seng
Brief Of The John Marshall Law School Fair Housing Clinic As Amici Curiae In Support Of Defendant, Thomas V. Anchorage Equal Rights Commission, 220 F.3d 1134 (Ninth Circuit Court Of Appeals 2000) (Nos. 97-35220, 97-35221), John Marshall Law School Fair Housing Legal Clinic, F. Willis Caruso, Michael P. Seng
Court Documents and Proposed Legislation
No abstract provided.
Appellees' Brief In Support Of Attorneys' Fees And Costs, Becovic V. City Of Chicago, 694 N.E.2d 1044 (Ill.App. 1 Dist. 1997) (No. 1-97-1151), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic
Appellees' Brief In Support Of Attorneys' Fees And Costs, Becovic V. City Of Chicago, 694 N.E.2d 1044 (Ill.App. 1 Dist. 1997) (No. 1-97-1151), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Brief Of The Appellant, People Of The State Of Illinois V. Di Vincenzo, 700 N.E.2d 981 (Ill. 1997) (No. 82942), Timothy P. O'Neill
Brief Of The Appellant, People Of The State Of Illinois V. Di Vincenzo, 700 N.E.2d 981 (Ill. 1997) (No. 82942), Timothy P. O'Neill
Court Documents and Proposed Legislation
No abstract provided.
Petition For Leave To Appeal, People Of The State Of Illinois V. Di Vincenzo, 700 N.E.2d 981 (Ill. 1997) (No. 82942), Timothy P. O'Neill
Petition For Leave To Appeal, People Of The State Of Illinois V. Di Vincenzo, 700 N.E.2d 981 (Ill. 1997) (No. 82942), Timothy P. O'Neill
Court Documents and Proposed Legislation
No abstract provided.
Foreword: Reflections On Cyberspace Governance, Standards And Control, 16 J. Marshall J. Computer & Info. L. 1 (1997), George B. Trubow
Foreword: Reflections On Cyberspace Governance, Standards And Control, 16 J. Marshall J. Computer & Info. L. 1 (1997), George B. Trubow
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Internet Red Light Districts: A Domain Name Proposal For Regulatory Zoning Of Obscene Content, 16 J. Marshall J. Computer & Info. L. 21 (1997), April Mara Major
Internet Red Light Districts: A Domain Name Proposal For Regulatory Zoning Of Obscene Content, 16 J. Marshall J. Computer & Info. L. 21 (1997), April Mara Major
UIC John Marshall Journal of Information Technology & Privacy Law
The author argues that the Internet must be regulated in order to ensure stability to the Internet community and viability as a communications medium. She offers two proposals: (1) the "secondary effect" of the Internet destroying its own legitimacy satisfies a substantial governmental need for zoning regulation as set forth in several cases; and (2) the most effective way to implement such zoning regulation is to reinforce accepted Internet standards, specifically the domain naming system. The author explains the difficulty in comparing the Internet to other media. Then the she explains the domain name system, e.g., the domain hierarchies, and …
Time To Pay Up: Internet Service Providers' Universal Service Obligations Under The Telecommunications Act Of 1996, 16 J. Marshall J. Computer & Info. L. 37 (1997), Jamie N. Nafziger
Time To Pay Up: Internet Service Providers' Universal Service Obligations Under The Telecommunications Act Of 1996, 16 J. Marshall J. Computer & Info. L. 37 (1997), Jamie N. Nafziger
UIC John Marshall Journal of Information Technology & Privacy Law
Universal Service was originally set-up to provide everyone with telephone service -- regardless of their ability to pay. Telephone service is considered vital to health, public safety, governmental involvement, ability to obtain jobs, and to the building of community. Universal Service was paid for through cross-subsidies: businesses were charged more; all customers, regardless of locale were charged the same rate; long distance rates were artificially high and local calls were priced artificially low; phone costs were kept to a nationwide average. In 1982, the divestment of what had been a monopoly, Bell Telephone, was final. In order to continue support …
Trademark Law On The Internet - Will It Scale? The Challenge To Develop International Trademark Law, 16 J. Marshall J. Computer & Info. L. 3 (1997), David W. Maher
UIC John Marshall Journal of Information Technology & Privacy Law
The author states that the rapid growth of the Internet has caused a serious collision between the efficient functioning of Domain Name Systems and the claims of trademark owners. U.S. Courts have recognized that domain names can have trademark implications. Trademarks are important because organizations responsible for allocation and registration of domain names must take trademarks and trademark law into account. The International Trademark Association (INTA) sets forth principles that should apply to the use of trademarks in the Domain Name System. The author's comment focuses on how to accommodate the interests and rights of trademark owners in the DNS …
The Doors Are Locked But The Thieves And Vandals Are Still Getting In: A Proposal In Tort To Alleviate Corporate America's Cyber-Crime Problem, 16 J. Marshall J. Computer & Info. L. 167 (1997), David L. Gripman
UIC John Marshall Journal of Information Technology & Privacy Law
This article addresses the problem of computer hackers, breaking into the computer systems of businesses, and the third party injuries that are ultimately caused by such acts. This is a multimillion dollar problem for the business community. The article discusses the current methods companies use to protect against hackers, and then the author makes some suggestions for protection that include the latest technology available. However, the paper's main focus is on ways to put pressure on businesses to ensure that its computers are protected against hackers to avoid third party injuries. The author looks to tort law to do just …
Commercialism And The Downfall Of Internet Self Governance: An Application Of Antitrust Law, 16 J. Marshall J. Computer & Info. L. 125 (1997), David A. Gottardo
Commercialism And The Downfall Of Internet Self Governance: An Application Of Antitrust Law, 16 J. Marshall J. Computer & Info. L. 125 (1997), David A. Gottardo
UIC John Marshall Journal of Information Technology & Privacy Law
This article discusses the proliferation of on-line commercialism on the Internet and the various problems related to the increase of commercialism. Spamming, which is defined as the distribution of large amounts of unsolicited information, has been the major form of commercialism and arguably the most problematic. The article emphasizes the attempts to reduce the problem of on-line commercialism through preventative measures, such as self-governance on the Internet. While the author states that self-governance may be a solution to the problem of excessive commercialism, he also states that self-governance may give rise to problems, such as intervention by the federal government …
Nba V. Motorola And Stats, Inc.: The Second Circuit Properly Limits The "Hot News Doctrine", 16 J. Marshall J. Computer & Info. L. 197 (1997), Alan D. Lieb
UIC John Marshall Journal of Information Technology & Privacy Law
The Second Circuit Court of Appeals recently handed down a decision which can be seen as a victory for supporters of free dissemination on the Internet. At issue was whether dissemination of real-time sports data infringed the NBA's copyright of broadcast material, and if not whether the use of NBA game statistics was a misappropriation of the NBA's property. In 1994, Motorola teamed up with STATS (Sports Team Analysis and Tracking Systems of Missouri, Inc.) to provide real-time updates of professional sports scores and information to subscribers of pagers as well as on-line services. STATS also provides sports information to …
Electronic Commerce On The Internet: Legal Developments In Taiwan, 16 J. Marshall J. Computer & Info. L. 77 (1997), George C. C. Chen
Electronic Commerce On The Internet: Legal Developments In Taiwan, 16 J. Marshall J. Computer & Info. L. 77 (1997), George C. C. Chen
UIC John Marshall Journal of Information Technology & Privacy Law
The purpose of this article is to share information about "outstanding legal issues" that Taiwan has experienced in its use of the Internet. It does through five topics. First, the issue of contracts is addressed using the present laws in Taiwan. Contracts are based on an "offer" by one party and "acceptance" of a second party. Digital products displayed on the Internet are said to constitute an offer when it bears a price, but a legal question arises out of how to constitute acceptance. Taiwan law looks to the law of the country where the offer was made to govern …
Mapping Legal Metaphors In Cyberspace: Evolving The Underlying Paradigm, 16 J. Marshall J. Computer & Info. L. 579 (1998), Robert Reilly
Mapping Legal Metaphors In Cyberspace: Evolving The Underlying Paradigm, 16 J. Marshall J. Computer & Info. L. 579 (1998), Robert Reilly
UIC John Marshall Journal of Information Technology & Privacy Law
Courts often succumb to the temptation to analogize new electronic media to present technologies since the courts can rely upon already existing models. However, the arrival of cyberspace and the World Wide Web has stretched the concept of linking legal precedents to actions to the breaking point. Any attempt to map existing legal metaphors, based on mechanical similarities, onto territory as unknown and changeable as cyberspace is difficult. Instead, it may be more productive to view the World Wide Web as an organic entity or model similar to that of a developing community. The shift from print to electronic information …
Cryptography And Liberty: An International Survey Of Encryption Policy, 16 J. Marshall J. Computer & Info. L. 475 (1998), Wayne Madsen, David L. Sobel, Marc Rotenberg, David Banisar
Cryptography And Liberty: An International Survey Of Encryption Policy, 16 J. Marshall J. Computer & Info. L. 475 (1998), Wayne Madsen, David L. Sobel, Marc Rotenberg, David Banisar
UIC John Marshall Journal of Information Technology & Privacy Law
The speedy progress of the "digital revolution" has significantly changed the manner in which individuals and other entities communicate and exchange information. Since traditional paper based media for communication is being replaced by high tech means, new security measures such as cryptographic security techniques are sought to ensure individual privacy. This is a drastic change because encryption technology was traditionally utilized by military and diplomatic communications. Human rights activists, political dissidents and journalists employ encryption technology to protect communication from government surveillance. The Global Internet Liberty Campaign ("GILC") was organized to protect civil liberties and human rights in the on-line …
The Best Of Both Worlds: Financing Software Filters For The Classroom And Avoiding First Amendment Liability, 16 J. Marshall J. Computer & Info. L. 659 (1998), Peter G. Drever Iii
The Best Of Both Worlds: Financing Software Filters For The Classroom And Avoiding First Amendment Liability, 16 J. Marshall J. Computer & Info. L. 659 (1998), Peter G. Drever Iii
UIC John Marshall Journal of Information Technology & Privacy Law
As the Internet expands, educational institutions have become interested in the medium for the purpose of expanding learning opportunities. Information that may be objectionable to some members of the community, however, would then be available to children in schools with Internet access. Attempts to regulate the content of the Internet have yet to pass a First Amendment challenge. Concern over what children will be exposed to when the Internet is introduced in the classroom is currently being addressed by educators and legislators alike. The Communications Decency Act was the first to attempt to address the issue of Internet access in …
On-Site Fingerprinting In The Banking Industry: Inconvenience Or Invasion Of Privacy, 16 J. Marshall J. Computer & Info. L. 597 (1998), Patrick J. Waltz
On-Site Fingerprinting In The Banking Industry: Inconvenience Or Invasion Of Privacy, 16 J. Marshall J. Computer & Info. L. 597 (1998), Patrick J. Waltz
UIC John Marshall Journal of Information Technology & Privacy Law
In order to prevent check fraud, many banking institutions are implementing programs of on-site fingerprinting. On-site fingerprinting is a process whereby individuals are subject to fingerprinting before being allowed to cash a check. Currently, two methods are used by the banking industry to obtain these fingerprints. The first method is the old fashioned way which the finger is inked and the ink mark is placed on the back of the check. Today, invisible ink is used. The second means by which these fingerprints are obtained is through biometrics or digital recording. The person attempting to cash a check places his …
We've Got Your Number: An Overview Of Legislation And Decisions To Control The Use Of Social Security Numbers As Personal Identifiers, 16 J. Marshall J. Computer & Info. L. 529 (1998), Flavio L. Komuves
UIC John Marshall Journal of Information Technology & Privacy Law
In the face of technology which allows for the storage and sharing of information on individuals in an unprecedented way, individuals still maintain the right to informational privacy. However, the extensive use of Social Security numbers as universal identifiers is one of the most serious manifestations of privacy concerns in the United States. Numerous private sources, such as financial institutions and blood banks, and governmental sources, such as the Internal Revenue Service and the courts, use these numbers as identifiers either by voluntary choice or as required by law. Inadequate restrictions on these uses have led to serious violations of …
Rating Internet Content And The Spectre Of Government Regulation, 16 J. Marshall J. Computer & Info. L. 625 (1998), James V. Dobeus
Rating Internet Content And The Spectre Of Government Regulation, 16 J. Marshall J. Computer & Info. L. 625 (1998), James V. Dobeus
UIC John Marshall Journal of Information Technology & Privacy Law
Parents and legislators have become increasingly concerned about access by children to Internet websites. The Communications Decency Act was the first to attempt to address the issue, but it failed to pass a constitutional challenge. Logically, the next step is to rate websites on the Internet. However, mandatory rating legislation will force providers to rate their sites using rating vocabularies such as RSACi, which they might not agree with. A voluntary rating system or old fashioned parental authority seems like a good solution, but both are based on a subjective determination that everyone may not agree with. Society has a …