Law Commons^™

Victor's Not So Little Secret: Trademark Dilution Is Difficult But Not Impossible To Prove Following Moseley V. V. Secret Catalogue, Inc., Jessica C. Kaiser

Chicago-Kent Law Review

The Supreme Court's decision in Moseley v. V. Secret Catalogue, Inc. has been criticized by those who favor strong federal dilution protection and applauded by those who dislike dilution protection. Critics of dilution favor weak antidilution provisions because dilution begins to protect trademarks as pure property rights. In Moseley, the Supreme Court resolved a circuit split over the appropriate interpretation of the Federal Trademark Dilution Act ("FTDA"), and the Court determined that the FTDA requires that famous mark holders show "actual dilution." This Note examines the impacts of this decision and advises ways that famous mark holders can obtain …

Protection Of Human Rights Under Kosovo's Criminal Code And Criminal Procedure Code, Rexhep Murati

Chicago-Kent Law Review

The Criminal Code and Criminal Procedural Code of Kosovo, together with other laws from the fields of criminal and procedural law, provide protection of human rights to all of Kosovo's citizens based on the most advanced international standards of human rights. The Criminal Code of Kosovo increases the number of human rights and freedoms that are protected by law. The most important human rights and freedoms that benefit from this protection are the right to life and security of the person; fundamental rights and freedoms; and the rights to honor, reputation, personal dignity, marriage, family, and health. In the Criminal …

Economic Integration As A Means For Promoting Regional Political Stability: Lessons From The European Union And Mercosur, Thomas Andrew O'Keefe

Chicago-Kent Law Review

The Article explores ways to ensure the future economic viability and the territorial integrity of Kosovo, whether as an independent state or as an entity with autonomous powers under the sovereignty of Serbia. The Article discusses the experiences of the European Union and MERCOSUR economic integration projects that have led to permanent peaceful relations among the participating countries, and contributed to overcoming historically bitter rivalries and conflicts. In examining the EU experience, the Article explores how supranational institutions coupled with the concept of subsidiarity have heightened regional autonomy within existing national states and made demands for secession both redundant and …

The European Union And The Final Status For Kosovo, Adrian Toschev, Gregory Cheikhameguyaz

Chicago-Kent Law Review

'This Article presents the current policy of the European Union toward the final status for Kosovo—"Standards before Status"-and analyzes potential future developments of the EU's final status position. The March unrests in Kosovo caused a split among the EU institutions, and the reactions of the EU institutions in response to the unrests have varied. Nonetheless, the March unrests may have been the catalyst for a new discussion within the EU about Kosovo. This Article asks which of the EU institutions is the most important decision maker and determines that, of all of the EU institutions that assume different powers within …

The Designation Of "Distinct Population Segments" Under The Endangered Species Act In Light Of National Association Of Homebuilders V. Norton, Katherine M. Hausrath

Chicago-Kent Law Review

The term "distinct population segment" in the Endangered Species Act has no defined scientific meaning. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have jointly promulgated a policy requiring a distinct population segment to be both: (1) discrete and (2) significant. However, the implementation of this policy has led to inconsistent listing decisions and the failure to list distinct populations of species that require protection under the Endangered Species Act. These problems are clearly illustrated in National Association of Homebuilders v. Norton, in which the plaintiffs sued the U.S. Fish and Wildlife Service in district …

Final Status For Kosovo, Henry H. Perritt Jr.

Chicago-Kent Law Review

No abstract provided.

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Between A Rock And A Hard Place: Sovereignty And International Protection, Fred L. Morrison

Chicago-Kent Law Review

Resolution for final status for Kosovo will require the participants to steer a course between claims of national sovereignty and those of international guarantees and controls. Negotiation of that status will require the parties to resolve a broad range of issues, ranging from economic and transit matters to the protection of minority rights. Establishment of an international commission to protect minority rights, perhaps modeled on the European Commission on Human Rights under the original form of the European Convention on the Protection of Human Rights and Fundamental Freedoms, may be a useful first step in providing non-adversarial resolution of controversies …

Political Dynamics Within The Balkans: The Cases Of Bosnia & Herzegovina, Macedonia, Bulgaria, Serbia, And Montenegro, Lisen Bashkurti

Chicago-Kent Law Review

The Essay intends to analyze the regional and local political dynamics within the Balkans and focuses on the most problematic and disputable areas after the Cold War. Through analyses of individual states, bilateral relations, and regional relations, the author gives a broad and complex view of the current and future reconfiguration of the Balkans. Individual cases with contradictory political trends, interstate problems with reciprocal implications, regional "domino effects" of overall solutions, and local and international engagements to support the process in accordance with the modern trend of democratization and integration of the Balkans are included in the Essay's laboratory of …

The Mitrovica Dilemma, Verena Knaus

Chicago-Kent Law Review

This Essay is intended as a thought-provoking contribution to an open discussion on Europe's relationship with Kosovo in the future. The main arguments are based on research undertaken by the European Stability Initiative ("ESI") as part of the Lessons Learned and Analysis Unit, a joint project between ESI and the European Union Pillar of UNMIK. More information on ESI and the Lessons Learned and Analysis Unit can be found on www.esiweb.org.

The Insufficiency Of International Legal Personality Of Kosova As Attained Through The European Court Of Human Rights: A Call For Statehood, Iliriana Islami

Chicago-Kent Law Review

The Essay starts with the question whether the idea of a "sovereign state" should wither away in the face of new processes, namely globalization and human rights, processes which are sweeping the world. My conclusion is that the bureaucratic rationale of statehood allows citizens to improve their human rights through participation in a political process. If human rights are not respected, international law would support the national law system that is akin to statehood.

Resolving Claims When Countries Disintegrate: The Challenge Of Kosovo, Henry H. Perritt Jr.

Chicago-Kent Law Review

Final status for Kosovo must include a mechanism for resolving claims incident to the breakup of Yugoslavia and the secession of Kosovo from Serbia. Models and theory drawn from other experiences with the dissolution of states provide only partial guidance for Kosovo because the earlier efforts tended to neglect private claims and tended to concern successor states where sovereignty was clearer than it has been during the period of international administration of Kosovo. The most attractive possibility for Kosovo is to establish an international tribunal modeled in part on the Iran and Iraqi claims tribunals, with some decision makers appointed …

Final Status Of Kosovo: The Role Of Human Rights And Minority Rights , Wolfgang Benedek

Chicago-Kent Law Review

In view of the massive human rights violations experienced in Kosovo, the reconstruction of society and the final status of the territory have to be based on human rights and minority rights. Besides universal human rights instruments, European regional standards are of particular importance as Kosovo wants to be fully integrated into Europe. The Article identifies the relevant European and international standards and procedures and finds shortcomings with regard to guarantees on economic, social, and cultural rights, which are an indispensable element of human security.

It then compares the role given to human and minority rights in the Constitutional Framework …

Human Rights, Sovereignty, And The Final Status Of Kosovo , Bartram S. Brown

Chicago-Kent Law Review

The final political status of Kosovo is ultimately a human rights issue, and a just and viable solution must balance the sovereignty and territorial integrity of Serbia with the human rights of Kosovar Albanians. A century ago Woodrow Wilson publicly endorsed self-determination as a fundamental principle linked to the equal rights of all peoples. Today it is broadly accepted as one of the essential principles of contemporary international law. Despite this exalted normative status, the principle of self-determination is limited by its inherent ambiguities.

Self-determination is a group right, to be exercised only by peoples, but there is no clear …

Self-Determination Under The Terms Of The 2002 Union Agreement Between Serbia And Montenegro: Tracing The Origins Of Kosovo's Self-Determination , Enver Hasani

Chicago-Kent Law Review

State building of the union between Serbia and Montenegro represents the biggest challenge for peace and stability in the Balkans and beyond, with the issue of an unsettled Kosovo as an everlasting indicator of that challenge. The USM Agreement alone is not enough to produce the desired results. Only an overall, nonterritorial restructuring of Kosovar society along the principles and norms of the rule of law, democracy, and the respect for human and minority rights can produce the desired results. An approach based on new internal territorial divisions, such as the ongoing process of decentralization, can only further exacerbate the …

The Legal And Political Grounds For, And The Influence Of The Actual Situation On, The Demand Of The Albanians Of Kosovo For Independence, Hajredin Kuci

Chicago-Kent Law Review

The Article argues in support of the Kosovar Albanians' right to independence and self-determination. By examining the ancient and recent ethnic history of these people and their neighbors, particularly the Serbs, the author brings to light the shared beliefs within each group. Then by examining developments since the dissolution of the Federal Republic of Yugoslavia, through the lenses of international law and politics, the author analyzes the building blocks of sovereign statehood: defined borders, governmental institutions, and international recognition.

Some Key Principles For A Lasting Solution Of The Status Of Kosova: Uti Possidetis, The Ethnic Principle, And Self-Determination, Zeinullah Gruda

Chicago-Kent Law Review

Five years after the end of the conflict in Kosova, final status remains an object of discussion. The author elaborates several options that have been proposed by analysts, diplomats, and various forums. The author argues that final status must be based on the factors that influence the creation of states and on the principles behind any democratic and just solution concerning statehood: uti possidetis, the ethnic principle, and the right to self-determination.

A Strategy For Renewing Franchise Negotiations In Kosovo, Matthew V. Topic

Chicago-Kent Law Review

A group of Kosovar entrepreneurs recently attempted to purchase a franchise of a U.S. business. While the presence of such a business would benefit Kosovar economic development, the Kosovar entrepreneurs were quickly denied by the U.S. company. It is unclear, however, whether U.S. trademarks are protected against unauthorized use in Kosovo, either under U.S. or Kosovar law, and it is possible that the entrepreneurs could use the franchise mark regardless of the rejection.

This Note explores the consequences of such unauthorized use. It examines both the uncertain nature of Kosovar trademark law and the nuances of extraterritorial application of the …

Take It Or Leave It: Monsanto V. Mcfarling, Bowers V. Baystate Technologies, And The Federal Circuit's Formalistic Approach To Contracts Of Adhesion, Christopher M. Kaiser

Chicago-Kent Law Review

The Federal Circuit has been widely criticized for unrelenting formalism. Perhaps because Congress charged the court with establishing national uniformity in areas of the law where uniformity was lacking, the Federal Circuit has often expressed a significant preference for bright-line rules. According to many critics, this preference has come at the expense of fairness. In two relatively recent decisions, the Federal Circuit has expanded its formalism into the area of contracts of adhesion, a topic it had not had the opportunity to consider before. This Note examines those two decisions, the formalistic approach taken by the Federal Circuit, and the …

The Digital Millennium Copyright Act And Non-Infringing Use: Can Mandatory Labeling Of Digital Media Products Keep The Sky From Falling?, Michael P. Matesky Ii

Chicago-Kent Law Review

Throughout the history of the United States, copyright law, the fair use doctrine, and other non-infringement doctrines have limited copyright holders' right to prevent certain uses of their works. Nowadays, however, copyright holders can prevent users from engaging in non-infringing use of works on digital media by incorporating technological protection measures, such as an encryption code that prevents a CD from being played on a personal computer. Furthermore, the Digital Millennium Copyright Act prohibits circumvention of a technological protection measure that "effectively controls access" to a copyrighted work. This combination of new technological and legal tools gives copyright holders the …

Just Measures: A Methodology For Assessing The Global Value Added Of Corporate Activities, Alexander A. Boni-Saenz, Chih-Hung Chang, Ajan Reginald, Ravi Kacker

All Faculty Scholarship

This article accepts the premise of stakeholder theory, which asserts that corporations, like other human-run entities, have obligations to all parties affected by their actions. As such, corporations should be given suitable credit for projects that add value for these stakeholders, as well as held accountable for any damage done. To provide this credit and accountability, measurement is necessary. The methodology of measurement for corporate social value creation is in its infancy. Models are incomplete, measures are not validated, and methods used to estimate net value accumulated from different domains need improvement. This article builds on one model of global …

No Way To Deal With Slums, Bernadette Atuahene

All Faculty Scholarship

No abstract provided.

Table Of Contents - Issue 3, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Foreword, Micah Thorner

Chicago-Kent Law Review

No abstract provided.

Reflections Of A Recoving Lawyer: How Becoming A Cognitive Psychologist —And (In Particular) Studying Analogical And Causal Reasoning—Changed My Views About The Field Of Psychology And Law, Barbara A. Spellman

Chicago-Kent Law Review

known as Law and Psychology), a small number of topics have stimulated the overwhelming majority of research. However, the topics available for psychology and law inquiry are infinite—limited only by the experience and imaginations of the re- searchers. I describe several areas of basic research in cognitive and social psychology that I, my colleagues, and my students, have been involved in during the past dozen years and demonstrate how they can be applied to the law. The major areas include: analogical reasoning—relevant to legal training and the use of precedent in judicial reasoning and legal scholarship; and causal and counterfactual …

The Anti-Competitive Effects And Antitrust Implications Of Category Management And Category Captains Of Consumer Products, Leo S. Carameli Jr.

Chicago-Kent Law Review

Just how do grocery stores choose what products to carry? They ask the manufacturer, of course. This Note discusses supermarket implementation of Category Management through the use of Category Captains. Category Management is a methodology by which firms can make educated decisions as to the appropriate assortment of products to carry, and the proper means to shelve, price, and promote those products. A Category Captain is a single preferred manufacturer selected by a retailer to perform Category Management work for its own and its competitors' products. This Note discusses how certain implementations of the retailer-Category Captain relationship may be anticompetitive …

Did Clinton Lie?: Defining "Sexual Relations", Peter Tiersma

Chicago-Kent Law Review

With the impeachment proceedings against President Clinton now well behind us, we can step back and consider the matter somewhat more dispassionately. The focus of the impeachment hearings was that Clinton perjured himself and engaged in obstruction of justice. I limit my observations to the question of whether he committed perjury, and in particular, whether he lied when he denied having a sexual relationship with a White House intern, Monica Lewinsky.

When Clinton was first asked during a deposition whether he had ever had an "affair" or "sexual relationship" with Lewinsky, he quite explicitly denied it. He was asked about …

Vol. 21, No. 4, Jeanne M. Vonhof, Martin H. Malin

The Illinois Public Employee Relations Report

Contents:

What a Mess! The FMLA, Collective Bargaining and Attendance Control Plans, by Jeanne M. Vonhof and Martin H. Malin

Recent Developments

Pernicious Ambiguity In Contracts And Statutes, Lawrence M. Solan

Chicago-Kent Law Review

This Article explores pernicious ambiguity, an interpretive problem that is not adequately acknowledged by the legal system. Pernicious ambiguity occurs when the various actors involved in a dispute all believe a text to be clear, but assign different meanings to it. Depending upon how the legal system handles this situation, a case with pernicious ambiguity can easily become a crapshoot. If the judge does not take heed of the competing interpretations as reflecting a lack of clarity, and if that judge happens to understand the document in a way helpful to a particular party, that party wins. Because the document …

How Do German Contracts Do As Much With Fewer Words?, Claire A. Hill, Christopher King

Chicago-Kent Law Review

German business contracts are much shorter than their American counterparts. They also avoid the worst excesses of legalese that American contracts are known for. But they seem to work as well as United States contracts. We seek to understand how German business contracts could do as much with fewer words. Our explanation is predicated on an account of what contracting does. Contracting aims to create a bigger transactional pie in a world where parties' incentives are misaligned and they need to coordinate the production of information, specify future rights, duties and procedures, and allocate risks. The task of contracting thus …