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Articles 1 - 30 of 96
Full-Text Articles in Law
Senior Housing Research Project: Findings And Conclusion (2007), John Marshall Law School Fair Housing Legal Support Center
Senior Housing Research Project: Findings And Conclusion (2007), John Marshall Law School Fair Housing Legal Support Center
UIC Law White Papers
No abstract provided.
Scalia's Poker: Puzzles And Mysteries In Constitutional Interpretation, 24 Const. Comment. 663 (2007), Timothy P. O'Neill
Scalia's Poker: Puzzles And Mysteries In Constitutional Interpretation, 24 Const. Comment. 663 (2007), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Parol Evidence Under The Cisg: The "Homeward Trend" Reconsidered, 68 Ohio St. L.J. 133 (2007), Karen H. Cross
Parol Evidence Under The Cisg: The "Homeward Trend" Reconsidered, 68 Ohio St. L.J. 133 (2007), Karen H. Cross
UIC Law Open Access Faculty Scholarship
The CISG has been described as one of history 's most successful attempts to harmonize international commercial law. Consistent with its goal of harmonizing the law of international sales, Article 7(1) of the CISG instructs courts and arbitrators to interpret the Convention in light of "its international character and the need to promote uniformity in its application. " MCC-Marble v. Ceramica Nuova D'Agostina is a U.S. decision that has been praised for its adherence to Article 7(1). In contrast with conventional academic commentary, which praises MCC-Marble and criticizes the tendency of courts to interpret the CISG in light of their …
No Right To Respect: Dred Scott And The Southern Honor Culture, 42 New Eng. L. Rev. 79 (2007), Cecil J. Hunt Ii
No Right To Respect: Dred Scott And The Southern Honor Culture, 42 New Eng. L. Rev. 79 (2007), Cecil J. Hunt Ii
UIC Law Open Access Faculty Scholarship
This Article reflects on the infamous decision in Dred Scott v. Sanford, 60 U.S. (19 How.) 393 (1857), in which the Supreme Court of the United States upheld the constitutionality of slavery. This Article considers this infamous case and the distance the nation has come since it was decided as well as its continuing legacy on the contemporary American struggle for racial equality. In Dred Scott the Court held that slavery was constitutional because it was consistent with the intent of the Framers and because black people were "a subordinate and inferior class of beings who... whether emancipated or not.., …
Vertical Flip, 13 Tex. Wesleyan L. Rev. 729 (2007), Allen R. Kamp
Vertical Flip, 13 Tex. Wesleyan L. Rev. 729 (2007), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
Darfur, The Authority Of Law, And Unilateral Humanitarian Intervention, 39 U. Tol. L. Rev. 97 (2007), Samuel Vincent Jones
Darfur, The Authority Of Law, And Unilateral Humanitarian Intervention, 39 U. Tol. L. Rev. 97 (2007), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
No abstract provided.
An Empirical Analysis Of The Confirmation Hearings Of The Justices Of The Rehnquist Natural Court, 24 Const. Comment. 127 (2007), Jason J. Czarnezki, William K. Ford, Lori A. Ringhand
An Empirical Analysis Of The Confirmation Hearings Of The Justices Of The Rehnquist Natural Court, 24 Const. Comment. 127 (2007), Jason J. Czarnezki, William K. Ford, Lori A. Ringhand
UIC Law Open Access Faculty Scholarship
No abstract provided.
Copyright Under Siege: An Economic Analysis Of The Essential Facilities Doctrine And The Compulsory Licensing Of Copyrighted Works, 17 Alb. L.J. Sci. & Tech. 481 (2007), Daryl Lim
UIC Law Open Access Faculty Scholarship
No abstract provided.
Crimes Against Humanity At The Extraordinary Chambers In The Courts Of Cambodia: Is A Connection With Armed Conflict Required, 24 Ucla Pac. Basin L.J. 125 (2007), Stuart K. Ford
UIC Law Open Access Faculty Scholarship
No abstract provided.
Dissonant Harmonization: Limitations On "Cash N' Carry" Creativity, 70 Alb. L. Rev. 1163 (2007), Doris E. Long
Dissonant Harmonization: Limitations On "Cash N' Carry" Creativity, 70 Alb. L. Rev. 1163 (2007), Doris E. Long
UIC Law Open Access Faculty Scholarship
Even though creativity lies at the heart of present copyright laws, the impulse to create-or more precisely what triggers such creativity-remains largely unexamined. Coinciding with the digital demand for access to information, new standards for "cash 'n' carry" creativity are being urged with little regard to what level of authorial3 control may be required to ensure continued enrichment of the public domain through the creation of vibrant new works. Scientific, psychological, and sociological studies indicate that "cash 'n' carry" creativity fails to implement the critical triggering mechanisms for the creative impulse. Moreover, such "cash 'n' carry" attitudes toward authors' rights …
Faces Of Open Courts And The Civil Right To Counsel, 37 U. Balt. L. Rev. 21 (2007), Steven D. Schwinn
Faces Of Open Courts And The Civil Right To Counsel, 37 U. Balt. L. Rev. 21 (2007), Steven D. Schwinn
UIC Law Open Access Faculty Scholarship
No abstract provided.
Messages From The Front: Hard Earned Lessons On Information Security From The Ip Wars, 16 Mich. St. J. Int'l L. 71 (2007), Doris E. Long
Messages From The Front: Hard Earned Lessons On Information Security From The Ip Wars, 16 Mich. St. J. Int'l L. 71 (2007), Doris E. Long
UIC Law Open Access Faculty Scholarship
Cyberspace is often a battlefield with a wide array of armies posed to challenge one another across the increasing array of rhetoric and technology that has made it such a potent arena for global digital commerce. Perry Barlow's infamous demand that cyberspace be left to its own devices because of its unique unregulated nature may have been answered by Larry Lessig's reply that code may in fact be used to regulate cyberspace, but the reality is that social norming demands, the evanescence of technological controls, and the perceived utility of illicit conduct utilizing the internet make any regulation problematic at …
"The Stepford Justices": The Need For Experiential Diversity On The Roberts Court, 60 Okla. L. Rev. 701 (2007), Timothy P. O'Neill
"The Stepford Justices": The Need For Experiential Diversity On The Roberts Court, 60 Okla. L. Rev. 701 (2007), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
A Proposal To Amend Rule 407 Of The Federal Rules Of Evidence To Conform With The Underlying Relevancy Rationale For The Rule In Negligence And Strict Liability Actions, 3 Seton Hall Cir. Rev. 435 (2007), Ralph Ruebner, Eugene Goryunov
A Proposal To Amend Rule 407 Of The Federal Rules Of Evidence To Conform With The Underlying Relevancy Rationale For The Rule In Negligence And Strict Liability Actions, 3 Seton Hall Cir. Rev. 435 (2007), Ralph Ruebner, Eugene Goryunov
UIC Law Open Access Faculty Scholarship
No abstract provided.
Who Is Really Undermining The Patent System – “Patent Trolls” Or Congress?, 6 J. Marshall Rev. Intell. Prop. L. 185 (2007), Raymond P. Niro
Who Is Really Undermining The Patent System – “Patent Trolls” Or Congress?, 6 J. Marshall Rev. Intell. Prop. L. 185 (2007), Raymond P. Niro
UIC Review of Intellectual Property Law
“Patent troll” has entered the legal lexicon, stirring up heated debates over fundamental issues of patent rights. This article discusses the etymology of the term “patent troll” —from its beginnings as a deliberately derogatory term thrust forward as a defense to weaken the enforcement of patents against large corporations to its current manifestation as a call for patent reform. Interestingly, statistics show the “patent troll” problem is grossly overstated compared to the contentions of the corporate world. Moreover, enforcement of patents stimulates small business growth, innovation, and dissemination of knowledge to the public. This article suggests Congressional diversion of PTO …
The Federal Circuit's Inducement Conflict Resolution: The Flawed Foundation And Ignored Implications Of Dsu Medical, 6 J. Marshall Rev. Intell. Prop. L. 198 (2007), Eric L. Lane
UIC Review of Intellectual Property Law
After years of uncertainty regarding the level of intent required to prove liability for inducing patent infringement, the Federal Circuit, in DSU Medical Corp. v. JMS Co., finally endorsed the specific intent standard detailed in the court's Manville Sales Corp. v. Paramount Systems, Inc. decision. This article examines the ramifications of DSU Medical Corp., especially in relation to the opinion of counsel defense to willful infringement. This article argues that the Federal Circuit's reliance on Manville Sales and MGM Studios, Inc. v. Grokster was misplaced, and that the adoption of the specific intent standard results in an elevated importance of …
Post Saddam Restructuring Of Intellectual Property Rights In Iraq Through A Case Study Of Current Intellectual Property Practices In Lebanon, Egypt, And Jordan, 6 J. Marshall Rev. Intell. Prop. L. 250 (2007), Elizabeth Mirza Al-Dajani
Post Saddam Restructuring Of Intellectual Property Rights In Iraq Through A Case Study Of Current Intellectual Property Practices In Lebanon, Egypt, And Jordan, 6 J. Marshall Rev. Intell. Prop. L. 250 (2007), Elizabeth Mirza Al-Dajani
UIC Review of Intellectual Property Law
When the United States invaded Iraq in 2003, it did so with the ambitious goal to completely transform an isolationist government into an international democracy. The Coalition forces created laws designed to conform Iraq to international standards, including three Orders tracking the language of the WTO and its IP enforcement mechanism, the TRIPs Agreement. These standards, however, are often inapposite of unique cultural and religious beliefs of an Arab Middle Eastern country that views ideas, concepts, and knowledge as communal. This comment analyzes similarly situated countries in various stages of dealing with the transition and suggests affirmative steps to expedite …
The Troll Next Door, 6 J. Marshall Rev. Intell. Prop. L. 292 (2007), Jennifer Kahaulelio Gregory
The Troll Next Door, 6 J. Marshall Rev. Intell. Prop. L. 292 (2007), Jennifer Kahaulelio Gregory
UIC Review of Intellectual Property Law
The term Patent Troll is increasingly permeating news headlines. This comment explains where the term came from and how the changing landscape of patent enforcement has contributed to the evolution of the Patent Troll. Some have suggested that segregating Patent Trolls from other patent enforcers will solve many of the patent system’s woes. This comment analyzes proposed ways of distinguishing Patent Trolls and reveals them all as prejudicial and ineffective. The use of the term Patent Troll is a mask for underlying fears based on real shortcomings in the patent system, which need to be addressed.
Toward A Pluralistic Theory On An Efficacious Patent Institution, 6 J. Marshall Rev. Intell. Prop. L. 220 (2007), Nari Lee
UIC Review of Intellectual Property Law
Time and time again, scholars have attempted to assess the efficacy of the intellectual property institution; these attempts have created a vast amount of literature. As impressive as the volume of work is that has been generated on this issue, so is the absence of a generally applicable theory of intellectual property, which either claims or disclaims the efficacy of the intellectual property institution. This article questions the existence of a general definition of efficiency that is applicable to the assessment of the patent institution. While it is true that the efficiency as applied to specific cases may be definable …
Sarbanes-Oxley: A Dark Cloud Over Intellectual Property And Business, 6 J. Marshall Rev. Intell. Prop. L. 272 (2007), Matthew D. Goodstein
Sarbanes-Oxley: A Dark Cloud Over Intellectual Property And Business, 6 J. Marshall Rev. Intell. Prop. L. 272 (2007), Matthew D. Goodstein
UIC Review of Intellectual Property Law
The Sarbanes–Oxley Act seeks to improve corporate financial reporting and eliminate the frauds and improprieties that spurred the numerous accounting scandals. While Sarbanes–Oxley requires an immense amount of time and effort for compliance, the Act’s application to intellectual property is woefully lacking. This comment proposes that the proper remedy is increased definition within the language of the Act. Additionally, small businesses, whose activities have little effect on the financial markets, should be subject to fewer regulations within Sarbanes–Oxley. Without paring down ambiguous terms and limiting the scope of the Act, corporate officers are left in the dark about what constitutes …
Let's Make A Deal: Negotiating Resolution Of Intellectual Property Disputes Through Mandatory Mediation At The Federal Circuit, 6 J. Marshall Rev. Intell. Prop. L. 365 (2007), Wendy Levenson Dean
Let's Make A Deal: Negotiating Resolution Of Intellectual Property Disputes Through Mandatory Mediation At The Federal Circuit, 6 J. Marshall Rev. Intell. Prop. L. 365 (2007), Wendy Levenson Dean
UIC Review of Intellectual Property Law
In 2006, the United States Court of Appeals for the Federal Circuit implemented a mandatory mediation program for parties in all counseled cases, including intellectual property disputes. This program offers the parties incentives to settle, such as providing neutral mediators with intellectual property expertise at no cost to the litigants. This article explains how the Federal Circuit’s Mediation Program works and provides an overview of the Guidelines. This article concludes that the Federal Circuit firmly stands behind the mandatory mediation program for intellectual property disputes and believes the process can only serve to benefit all parties involved.
Exculpatory Patent Opinions And Special Problems Regarding Waiver Of Privilege, 6 J. Marshall Rev. Intell. Prop. L. 313 (2007), William L. Lafuze, Matthew R. Rodgers, Michael A. Valek
Exculpatory Patent Opinions And Special Problems Regarding Waiver Of Privilege, 6 J. Marshall Rev. Intell. Prop. L. 313 (2007), William L. Lafuze, Matthew R. Rodgers, Michael A. Valek
UIC Review of Intellectual Property Law
When a patent owner alleges another infringed the patent, the owner inevitably also alleges that such infringement is willful. An accused infringer often defends a claim of willful infringement by asserting evidence that the accused infringer reasonably relied on the opinion of counsel. This article discusses the concept of willful infringement and the criteria necessary for an opinion of counsel to be deemed competent. Moreover, this article analyzes issues that arise as a consequence of using such patent opinions, with a special focus on attorney-client privilege and work-product immunity waiver. Finally the practical ways to minimize the problematic aspects of …
Valuation And Assessment Of Patents And Patent Portfolios Through Analytical Techniques, 6 J. Marshall Rev. Intell. Prop. L. 463 (2007), Michael S. Kramer
Valuation And Assessment Of Patents And Patent Portfolios Through Analytical Techniques, 6 J. Marshall Rev. Intell. Prop. L. 463 (2007), Michael S. Kramer
UIC Review of Intellectual Property Law
Patents today are essential assets for many companies, especially in high technology industries. Valuation of a patent is often essential in reaching an informed business decision on a matter involving technology. However, the inherent uniqueness of a patent typically makes value assessments complex, costly, and susceptible to inaccuracies. This article presents efficient and cost-effective analytical methods for valuing patents and patent portfolios.
A Memoir Of The First Chief Judge By The Fifth Chief Judge, 6 J. Marshall Rev. Intell. Prop. L. 310 (2007), Paul R. Michel
A Memoir Of The First Chief Judge By The Fifth Chief Judge, 6 J. Marshall Rev. Intell. Prop. L. 310 (2007), Paul R. Michel
UIC Review of Intellectual Property Law
No abstract provided.
Issues Facing Legal Practitioners In Measuring Substantiality Of Contemporary Musical Expression, 6 J. Marshall Rev. Intell. Prop. L. 489 (2007), Alan Korn
UIC Review of Intellectual Property Law
Modern composers of jazz, avant-garde, hip-hop and world music increasingly rely upon unconventional sounds and advances in recording technology to create new and innovative musical works. As one might expect, courts now face the difficult challenge of applying traditional copyright analysis to these contemporary works to determine whether they embody protectable expression. This article highlights some of the issues specific to innovative musical works and the split among the U.S. Circuit Courts in how to measure the substantiality of these works. Copyright practitioners and composers alike should be aware of these challenges in evaluating the extent of copyright protection for …
A Two-Front Assault On The Stem Cell Patents, 6 J. Marshall Rev. Intell. Prop. L. 501 (2007), Dillon Beardsley
A Two-Front Assault On The Stem Cell Patents, 6 J. Marshall Rev. Intell. Prop. L. 501 (2007), Dillon Beardsley
UIC Review of Intellectual Property Law
The recent establishment of human embryonic stem cell lines has inspired a new revolution in therapeutic treatments and cures for injuries or disease. Individual states have begun to circumvent the lack of federal funding by independently raising monetary support for the research. The patentee, The Wisconsin Alumni Research Foundation, has reminded those hoping to benefit from the state funding that the Foundation will require royalties for the commercial use of its patented technology. The loss of state taxpayer money to the patent holder ignited a challenge on the patents themselves. Interest groups requested a reexamination of the stem cell patents …
Will Youtube Sail Into The Dmca's Safe Harbor Or Sink For Internet Piracy?, 6 J. Marshall Rev. Intell. Prop. L. 550 (2007), Michael Driscoll
Will Youtube Sail Into The Dmca's Safe Harbor Or Sink For Internet Piracy?, 6 J. Marshall Rev. Intell. Prop. L. 550 (2007), Michael Driscoll
UIC Review of Intellectual Property Law
Is YouTube, the popular video sharing website, a new revolution in information sharing or a profitable clearing-house for unauthorized distribution of copyrighted material? YouTube’s critics claim that it falls within the latter category, in line with Napster and Grokster. This comment, however, determines that YouTube is fundamentally different from past infringers in that it complies with statutory provisions concerning the removal of copyrighted materials. Furthermore, YouTube’s central server architecture distinguishes it from peer-to-peer file sharing websites. This comment concludes that any comparison to Napster or Grokster issuperficial, and overlooks the potential benefits of YouTube to copyright
An Afterword To: A Panel Discussion On Obviousness In Patent Litigation: Ksr International V. Teleflex, 6 J. Marshall Rev. Intell. Prop. L. 633 (2007), Constantine L. Trela, Jr.
An Afterword To: A Panel Discussion On Obviousness In Patent Litigation: Ksr International V. Teleflex, 6 J. Marshall Rev. Intell. Prop. L. 633 (2007), Constantine L. Trela, Jr.
UIC Review of Intellectual Property Law
In KSR International v. Teleflex, Inc., the Supreme Court may have sparked the question: How should obviousness be decided as a procedural matter? KSR reaffirmed the holding in Graham v. John Deere Co.—that obviousness is a legal determination decided against the background of particular facts. However, KSR moved beyond Graham and stated on a number of occasions that “the court” is to make various determinations. KSR’s language logically suggests that the jury is to answer interrogatories on specific factual questions and then the judge is to decide the obviousness issue based on those answers. How the Federal Circuit and the …
What Does Forum Shopping In The Eastern District Of Texas Mean For Patent Reform?, 6 J. Marshall Rev. Intell. Prop. L. 570 (2007), Alisha Kay Taylor
What Does Forum Shopping In The Eastern District Of Texas Mean For Patent Reform?, 6 J. Marshall Rev. Intell. Prop. L. 570 (2007), Alisha Kay Taylor
UIC Review of Intellectual Property Law
The Eastern District of Texas has recently become a rocket docket for patent litigation owing to the adoption of Judge T. John Ward’s local patent rules. However, the disproportional amount of patent cases filed in the Eastern District is evidence of plaintiffs forum shopping. Notwithstanding the benefit of forum shopping in creating, by default, patent law expertise in certain district courts, the existence of forum shopping illuminates the reality that patent law application is not uniformly applied throughout the district courts. This comment proposes a mandatory post-grant opposition proceeding occurring at the Board of Patent Appeals and Interferences of the …
Leveling The Patent Playing Field, 6 J. Marshall Rev. Intell. Prop. L. 636 (2007), Peter N. Detkin
Leveling The Patent Playing Field, 6 J. Marshall Rev. Intell. Prop. L. 636 (2007), Peter N. Detkin
UIC Review of Intellectual Property Law
While large companies continue to thrive on pervasive technological advancements, small inventors have been limited by their inability to exploit their patents. Patent portfolio licensing created a pioneering way to increase the utility of patents; however, in practice this business model has typically favored powerful players in the technology industry. A new market has emerged based on innovative business models which favor small inventors. This market seeks to aggregate and distribute patents to companies that infringe on intellectual property or that want to draw on it as a source. By matching patent owners with patent users, this market may enable …