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2010

Chicago-Kent College of Law

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Articles 1 - 30 of 156

Full-Text Articles in Law

Search Your Email And Files In A Flash, Debbie Ginsberg Dec 2010

Search Your Email And Files In A Flash, Debbie Ginsberg

Presentations

Debbie Ginsberg demonstrated how to use X1 to search your email, files, calendar, and more.


United States – Definitive Anti-Dumping And Countervailing Duties On Certain Products From China, Sungjoon Cho Dec 2010

United States – Definitive Anti-Dumping And Countervailing Duties On Certain Products From China, Sungjoon Cho

All Faculty Scholarship

No abstract provided.


Table Of Contents - Issue 1, Chicago-Kent Law Review Dec 2010

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

Chicago-Kent Law Review

No abstract provided.


Mercurial But Not Swift—U.S. Epa's Initiative To Regulate Coal Plant Mercury Emissions Changes Course Again As It Enters A Third Decade, Keith Harley Dec 2010

Mercurial But Not Swift—U.S. Epa's Initiative To Regulate Coal Plant Mercury Emissions Changes Course Again As It Enters A Third Decade, Keith Harley

Chicago-Kent Law Review

The effort to establish national standards to control mercury air pollution from coal-fired power plants now spans twenty years, four presidential administrations, and remains undone. This note will briefly describe the failed twenty-year effort to regulate mercury emissions from coal-fired power plants. It will show how United States Environmental Protection Agency (U.S. EPA) efforts during the (first) Bush and Clinton Administrations to construct mercury regulations were dismantled during the Administration of George W. Bush. During the second Bush Administration, U.S. EPA substituted a new regulatory approach that was ultimately repudiated by the federal judiciary as plainly inconsistent with ...


Of Nesting Dolls And Trojan Horses: A Survey Of Legal And Policy Issues Attendant To Vehicle-To-Grid Battery Electric Vehicles, Bryan Lamble Dec 2010

Of Nesting Dolls And Trojan Horses: A Survey Of Legal And Policy Issues Attendant To Vehicle-To-Grid Battery Electric Vehicles, Bryan Lamble

Chicago-Kent Law Review

2010 will not be remembered as the year when the domestic energy landscape changed, dominated as it was by environmental catastrophe and human calamity and tragedy caused by the search for and extraction of traditional fossil fuels. In fact, clean(er) energy and greater efficiency seem, in some ways, to be less of a reality at the beginning of the second decade of the twenty-first century than many would have predicted (and hoped). Furthermore, a contentious mid-term election season (stoked by fears of massive deficits, rising national debt and ballooning government) dominated the headlines at the expense of what could ...


The Legal-Political Barriers To Ramping Up To Hydro, Dan Tarlock Dec 2010

The Legal-Political Barriers To Ramping Up To Hydro, Dan Tarlock

Chicago-Kent Law Review

Hydroelectric energy is the oldest major source of non-carbon, renewable energy and is the only conventional renewable resource in the current energy mix. Increased hydro capacity would seem to be a key element of any United States energy policy designed to promote the greater use of renewable resources. However, for several decades hydro has been perceived as a mature, fully developed technology. This article argues that any effort to stimulate substantial new hydro capacity will face a series of environmental legal and policy constraints. Efforts to adapt to global climate change will further complicate efforts to increase hydro electric generation ...


Defiling The Retaliation Doctrine: Kasten V. Saint-Gobain And The Anti-Retaliation Provision Of The Fair Labor Standards Act, Madeline Engel Dec 2010

Defiling The Retaliation Doctrine: Kasten V. Saint-Gobain And The Anti-Retaliation Provision Of The Fair Labor Standards Act, Madeline Engel

Chicago-Kent Law Review

The anti-retaliation provision of the Fair Labor Standards Act makes it unlawful for an employer to retaliate against an employee who has "filed any complaint" under the FLSA. In Kasten v. Saint-Gobain Performance Plastics Corp., the Seventh Circuit declared its position in a growing circuit split as to whether an employee can "file" a verbal complaint of an alleged FLSA violation. Kasten answered the question in the negative, holding that verbal complaints are not protected activity under the Act. This note analyzes relevant Supreme Court precedent and the evolution of the circuit split, as well as principles of statutory interpretation ...


Privacy Implications Of Smart Meters, Cheryl Dancey Balough Dec 2010

Privacy Implications Of Smart Meters, Cheryl Dancey Balough

Chicago-Kent Law Review

Many people worry about the erosion of privacy in our society given developments in technology, but that loss of privacy may take a quantum leap as electric "smart meters" make it possible for strangers to know on a real-time basis what is occurring in our houses and apartments. Perhaps the greatest concern is that current laws and regulations do not fully protect us from this unprecedented threat to two of our most basic rights—to be left alone in our own homes and to control personal information. Utility companies across the country are replacing conventional electric meters with smart meters ...


Corporate Social Responsibility In The Oil And Gas Industry: The Importance Of Reputational Risk, David B. Spence Dec 2010

Corporate Social Responsibility In The Oil And Gas Industry: The Importance Of Reputational Risk, David B. Spence

Chicago-Kent Law Review

Modern oil and gas production takes place in environments that are increasingly challenging, environments that pose very high levels of technical risk, as well as political, social, environmental, heal and safety risks. The people of the oil-rich nations of the world are growing more assertive politically and more sensitive to the environmental, health, and safety risks posed by oil and gas development. Governments, nongovernmental organizations (NGOs), and local people seek the means to control oil and gas development so as to minimize the risk of harm and provide redress in the event harm is done. Oil and gas companies have ...


Smart-Grid: Technology And The Psychology Of Environmental Behavior Change, Stephanie M. Stern Dec 2010

Smart-Grid: Technology And The Psychology Of Environmental Behavior Change, Stephanie M. Stern

Chicago-Kent Law Review

There is a schism in the legal scholarship between scholars who argue that value, norm, and information campaigns can induce pro-environmental behavior and those who contend that structural, psychological, and social forces sharply constrain behavior change. Both sides of this debate have neglected the critical and ever-increasing role of technology in addressing residential pollution. The example of electricity "smart grids" illustrates how technology engineered to override cognitive and behavioral limitations can comprehensively reduce household consumption and emissions. Electricity conservation suffers from multiple barriers to collective action, including large numbers of geographically dispersed polluters, low financial payoffs, and, the contribution of ...


The Art Of Subsidizing Fuel-Free Electricity Under The European Economic Area Agreement As Illustrated By Norway's Reversion Instrument, Peter Ørebech Dec 2010

The Art Of Subsidizing Fuel-Free Electricity Under The European Economic Area Agreement As Illustrated By Norway's Reversion Instrument, Peter Ørebech

Chicago-Kent Law Review

The purpose of this article is to scrutinize legal barriers to state aid instruments in transforming fuel-based electricity into renewable energy, the subsidy prerequisites by which the national state may champion fuel free power production. Subsidy is illustrated by the 2004 Official Norwegian Report's (NOU) disapproval of the Norwegian Reversion Institute (NRI), as a result of a waiver clause to the benefit of municipal power plants. A licensing period of sixty years is final. Relicensing is not possible; only private leasing may occur.

As outlined, my basic criticism is that the NOU confuses interstate distortion of competition as it ...


New Energy Geopolitics?: China, Renewable Energy, And The "Greentech Race", Joel B. Eisen Dec 2010

New Energy Geopolitics?: China, Renewable Energy, And The "Greentech Race", Joel B. Eisen

Chicago-Kent Law Review

Commentators believe that programs in China promoting development of new renewable energy capacity have produced astonishing achievements in a short period of time. Evoking the "space race" between the United States and the U.S.S.R. after the launch of the Sputnik satellite in 1957, observers contend that the United States and China are in a "greentech race" to secure international leadership in the development and deployment of renewable energy. As U.S. Energy Secretary Chu has put it, many believe this is a modern "Sputnik moment." This Article finds that China's programs and initiatives are indeed leading ...


Biotech Biofuels: How Patents May Save Biofuels And Create Empires, Adam Wolek Dec 2010

Biotech Biofuels: How Patents May Save Biofuels And Create Empires, Adam Wolek

Chicago-Kent Law Review

The United States' primary transportation energy sources are fossil fuels, namely, gasoline and diesel. These products have high environmental, security, and financial costs. A strong emphasis has been placed on biofuels, especially ethanol and biodiesel, to lessen reliance on fossil fuels. Historically, high production costs, lack of infrastructure, return on investment anxieties, and concerns about scaling-up production have slowed the development of these alternative technologies. Today, biotechnological solutions are lowering productions costs and making large scale production more economically feasible. Patents can lessen anxieties about investment as they can provide longer-term protection and market exclusivity for patented technologies. As biofuels ...


Green Diesel: Finding A Place For Algae Oil, Fred Bosselman Dec 2010

Green Diesel: Finding A Place For Algae Oil, Fred Bosselman

Chicago-Kent Law Review

The prospect of obtaining domestically-produced biodiesel from algae has attracted wide investor interest. Although many analysts predict that economic production is five to ten years away, the production process involves such a wide range of environmental and land use issues that it is not premature to begin thinking about the kinds of places in which "green biodiesel" could be efficiently made in the United States. Our land use and environmental laws were all drafted by people who never imagined the possibility that huge volumes of algae would be an important energy resource; nor could they have known that the location ...


Dependent On The Jury: Anticipation And Obviousness Of Dependent Patent Claims And Irreconcilable Jury Verdicts, Patrick Bickley Dec 2010

Dependent On The Jury: Anticipation And Obviousness Of Dependent Patent Claims And Irreconcilable Jury Verdicts, Patrick Bickley

Chicago-Kent Law Review

A jury verdict finding an independent claim valid but a related dependent claim either anticipated or obvious is irreconcilable. However, the Federal Circuit has used the inconsistencies between regional circuits on the issue of jury verdicts to reach different outcomes in similar cases based solely on the region in which the patent case originated. This note advocates a modification to the Federal Circuit's rule of deference to consider irreconcilable verdicts of independent and dependent claims under its own independent analysis. A consistent approach allowing for appellate review regardless of post-verdict motions is advocated, although a more modest position of ...


Agriculture's Fate Under Climate Change: Economic And Environmental Imperatives For Action, John N. Moore, Van Bruggen Dec 2010

Agriculture's Fate Under Climate Change: Economic And Environmental Imperatives For Action, John N. Moore, Van Bruggen

Chicago-Kent Law Review

Farming, ranching, and other agricultural activities are in a relatively unique position amongst all human-caused sources of global warming. Unlike fossil fueled power plants and vehicles, for example, agriculture will suffer direct economic losses from the impacts of global warming on its products, such as through reduced crop yields. Also unlike other causes of global warming, agriculture can both mitigate global warming and increase revenue through a range of different practices, such as carbon sequestration and investments in carbon-friendly renewable energy. This article explains how global warming affects agriculture, especially in the Midwest and Great Plains, and how agriculture contributes ...


A Brief History Of Energy Law In United States Law Schools: An Introduction To The Symposium, Fred Bosselman Dec 2010

A Brief History Of Energy Law In United States Law Schools: An Introduction To The Symposium, Fred Bosselman

Chicago-Kent Law Review

No abstract provided.


High-Income Child Support Guidelines: Harmonizing The Need For Limits With The Best Interests Of The Child, Laura Raatjes Dec 2010

High-Income Child Support Guidelines: Harmonizing The Need For Limits With The Best Interests Of The Child, Laura Raatjes

Chicago-Kent Law Review

Providing for the needs of children of separated parents lies at the heart of state child support laws. But what about providing for the special needs of children of high-income obligors and ensuring consistency in a system often marked by unpredictability and high emotions? This Note examines the manifold problems that discretionary high-income child support decisions can cause: inequitable settlement, increased litigation, injured family structures, and inconsistent decisions. This Note also proposes a solution: to set higher thresholds for triggering a high-income analysis and to require high-income parents to contribute to post-secondary educational trusts. Finally, this Note explains that, as ...


Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung Dec 2010

Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung

Chicago-Kent Law Review

Within the past couple of years, social networking websites have become an immensely popular destination for people from all walks of life. Websites like Facebook and Twitter now count tens of millions of worldwide users, including world leaders and a number of celebrities. Eventually, users realized that social networking websites lent themselves to the quick and easy impersonation of celebrities through the creation of fake social networking accounts, often as a form of parody. One subject of such impersonation was professional baseball manager Tony La Russa, who took the then-unprecedented step of suing his impersonators and Twitter over the incident ...


Results From The Student And Faculty Technology Surveys, Debbie Ginsberg Nov 2010

Results From The Student And Faculty Technology Surveys, Debbie Ginsberg

Presentations

This Brown Bag covered the results of the Student and Faculty Technology Survey and revealed the most popular technologies, the least popular choices, and explored unexpected differences between faculty and student responses.


Social Media: Blogs, Video, And Podcasting, Emily Barney Nov 2010

Social Media: Blogs, Video, And Podcasting, Emily Barney

Presentations

In this workshop, Emily Barney introduced ways to create, manage, and market your content through social media, including:

  • Blogging
  • Web Video
  • Podcasting


Exploring Internet Browsers: Beyond The Big Blue E, Debbie Ginsberg Nov 2010

Exploring Internet Browsers: Beyond The Big Blue E, Debbie Ginsberg

Presentations

Debbie Ginsberg provided an overview of popular alternative browsers including the robust Firefox, Google’s Chrome browser, and Mac’s Safari browser.


Westlawnext Status Update, Debbie Ginsberg Nov 2010

Westlawnext Status Update, Debbie Ginsberg

Presentations

This Brown Bag covered the legal community’s response to WestlawNext and the future of the Westlaw web platform


Meeting Scheduling Made Easy, Debbie Ginsberg Oct 2010

Meeting Scheduling Made Easy, Debbie Ginsberg

Presentations

Debbie Ginsberg provided an overview and demonstration of tools you can use to simplify setting up group meetings.


Social Networking Sites, Emily Barney Oct 2010

Social Networking Sites, Emily Barney

Presentations

This workshop provided:

  • An introduction to three major sites: Facebook, LinkedIn, and Twitter
  • Tips for handling etiquette, privacy, and security on each site
  • Tips for professional use
  • "Power User" Tools
  • Marketing strategies

Latest Cool Tools For Smart Phones, Kindles, And Ipads, Debbie Ginsberg Oct 2010

Latest Cool Tools For Smart Phones, Kindles, And Ipads, Debbie Ginsberg

Presentations

Debbie Ginsberg highlighted some of the best new apps, including apps for accessing your computer from mobile devices and new tools for legal research on the go.


Medianotes For Grading Student Presentations, Debbie Ginsberg Oct 2010

Medianotes For Grading Student Presentations, Debbie Ginsberg

Presentations

Debbie Ginsberg provided an overview of CALI's MediaNotes application, with which faculty can mark up a video in much the same way as they would a Word document.


E-Casebook Update, Debbie Ginsberg Oct 2010

E-Casebook Update, Debbie Ginsberg

Presentations

This Brown Bag presentation explores the results of the student e-casebook survey.


Explaining The Demise Of The Doctrine Of Equivalents, David L. Schwartz Oct 2010

Explaining The Demise Of The Doctrine Of Equivalents, David L. Schwartz

All Faculty Scholarship

This article provides a novel theoretical model and extensive empirical evidence to explain the decline of a historically important patent law doctrine known as the “doctrine of equivalents.” In recent years, distinguished academics have studied the doctrine of equivalents. While these scholars noted that the doctrine of equivalents had decreased in its successful use and provided some grounds for the decline, none clearly explained why. As such, the cause and precise mechanism behind the so-called “demise” of the doctrine of equivalents have largely remained a mystery.

This article explains that the demise occurred because of two complementary forces discussed for ...


Oral Dissenting On The Supreme Court, Christopher W. Schmidt, Carolyn Shapiro Oct 2010

Oral Dissenting On The Supreme Court, Christopher W. Schmidt, Carolyn Shapiro

All Faculty Scholarship

In this Article we offer the first comprehensive evaluation of oral dissenting on the Supreme Court. We examine the practice in both historical and contemporary perspective, take stock of the emerging academic literature on the subject, and suggest a new framework for analysis of oral dissenting. Specifically, we put forth several claims. Contrary to the common assumption of scholarship and media coverage, oral dissents are nothing new. Oral dissenting has a long tradition, and its history provides valuable lessons for understanding the potential and limits of oral dissents today. Furthermore, not all oral dissents are alike. Dissenting Justices may have ...