Law Commons^™

Escaping Entity-Centrism In Financial Services Regulation, Anita Krug

All Faculty Scholarship

In the ongoing discussions about financial services regulation, one critically important topic has not been recognized, let alone addressed. That topic is what this Article calls the “entity-centrism” of financial services regulation. Laws and rules are entity-centric when they assume that a financial services firm is a stand-alone entity, operating separately from and independently of any other entity. They are entitycentric, therefore, when the specific requirements and obligations they comprise are addressed only to an abstract and solitary “firm,” with little or no contemplation of affiliates, parent companies, subsidiaries, or multi-entity enterprises. Regulatory entity-centrism is not an isolated phenomenon, as …

Hands On With Tablets, Debbie Ginsberg

Presentations

This Brown Bag compared the iPad Air, the Microsoft Surface 2, and the Samsung Galaxy Tab (Android). Faculty were invited to try tablets hands on.

125 Alumni Of Distinction Dinner: List Of Honorees, Iit Chicago-Kent College Of Law

125th Anniversary Materials

List of 125 Chicago-Kent alumni honored at the Alumni of Distinction Dinner on November 21, 2013.

Do.Ne, Or What To Do When Your Favorite Web Service Shuts Down, Debbie Ginsberg

Presentations

Presentation for Chicago Association of Law Libraries Ignite Sessions, 2013

To view this file, download the free Prezi software.

Scholarly Commons, Jona Whipple

Presentations

Digital Resources Librarian Jona Whipple introduced Scholarly Commons , gave an overview of its purpose, and looked at its progress.

Chicago-Kent Magazine - Fall 2013, Iit Chicago-Kent College Of Law

Chicago-Kent Magazine

No abstract provided.

Collective Representation And Employee Voice In The U.S. Public Sector Workplace: Looking North For Solutions?, Martin H. Malin

All Faculty Scholarship

Legislation enacted in many states following the 2010 elections in the United States strengthened unilateral public employer control and weakened employee voice. This rebalancing of power occurred in the context of state public employee labour relations acts modeled on the National Labor Relations Act (NLRA), but with a narrower scope of bargaining than in the private sector. This narrow scope channels unions’ voice away from the quality of public services and towards protecting members from the effects of decisions unilaterally imposed by management. The Supreme Court of Canada has held that the freedom of association guaranteed by the Charter of …

Vol. 30, No. 4, Gilbert A. Cornfield

The Illinois Public Employee Relations Report

Contents:

The Scope of Judicial Review of Public Sector Arbitration Awards, by Gilbert A. Cornfield

Recent Developments

Faculty Perspectives - Fall 2013, Iit Chicago-Kent College Of Law

Faculty Perspectives

This is the inaugural edition of Faculty Perspectives, a publication that highlights new faculty scholarship at IIT Chicago-Kent College of Law. This issue features four excerpts from recent or forthcoming faculty articles and books.

Mobile Update, Debbie Ginsberg

Presentations

Looking for great new apps for your phone or tablet? In this Brown Bag, Debbie Ginsberg discussed favorite apps for research and productivity. She also discussed the new iOS 7 and new Apple and Android smart phones.

Powerpoint And Prezi Tips & Tricks, Debbie Ginsberg

Presentations

In this Brown Bag, advanced tools in PowerPoint such as SmartArt and Presenter Mode were discussed, and new features in Prezi, a popular online alternative to PowerPoint, were reviewed.

Not All Patents Are Created Equal: Bias Against Predictable Arts Patents In The Post-Ksr Landscape, David Tseng

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Litigating Inequitable Conduct After Therasense, Exerge, And The Aia: Lessons For Litigants, Options For Owners, Lisa A. Dolak

Chicago-Kent Journal of Intellectual Property

Significant recent judicial and legislative developments have changed the way litigants and counsel need to plan for and litigate inequitable conduct allegations. Exergen and Therasense have heightened the standards for pleading and proving inequitable conduct, respectively, and Congress has expanded the patentee’s post-grant options for preempting or defeating inequitable conduct challenges. Without a doubt, the inequitable conduct litigation landscape has changed. Careful, thorough consideration of all of these developments and their implications is a must for any litigant or counsel faced with or considering asserting a charge of inequitable conduct. This paper discusses these significant recent inequitable conduct-related developments and …

Table Of Contents, Seventh Circuit Review

Seventh Circuit Review

No abstract provided.

Expanding The Scope Of The Federal Arbitration Act: An Examination Of The Seventh Circuit's Opinion In Green V. U.S. Cash Advance, Illinois, Llc, Christine L. Milkowski

Seventh Circuit Review

The Roberts Court's expansive interpretation of the Federal Arbitration Act (FAA) has ushered in a new era of pro-arbitration jurisprudence, allowing lower courts to categorically enforce arbitration agreements. Underlying this zealous application is Section 2 of the FAA, which states that arbitration agreements are "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of a contract."

In Green v. U.S. Cash Advance, Illinois, LLC, the Seventh Circuit enforced an arbitration agreement between a consumer and payday lender, despite the fact that the named arbitration forum had been unavailable since the …

Distinguishing The Corporal From The Divine: Legal Fictions Create Bodies Not Souls, Daisy Ayllon

Seventh Circuit Review

Can a for-profit, secular corporation exercise religion? If so, does the Affordable Care Act's requirement that employer-provided health insurance plans offer women of reproductive age contraceptives violate free exercise rights?

Plaintiffs challenging the "contraceptive mandate," as it is commonly known, argue that it violates their rights under the Religious Freedom Restoration Act (RFRA) because it imposes a substantial burden on their religious exercise without meeting strict scrutiny. Although these challenges do present courts with a novel issue (whether a secular, for-profit corporation is a "person" capable of "exercising religion"), the answer to the broader question should be clear: requiring corporate-provided …

A Sight For Sore Eyes: The Seventh Circuit Correctly Interprets Section 12 Of The Clayton Act, Ryan Moore

Seventh Circuit Review

In order to hail a defendant into federal court, a plaintiff must establish personal jurisdiction and venue. Under general principles of federal law, personal jurisdiction is proper whenever the defendant would be amenable to suit under the laws of the state in which the federal court sits. And venue is proper in any district where the defendant "resides" (i.e., is subject to personal jurisdiction). Section 12 of the Clayton Act, however, supplements these general principles. It has a liberal service-of-process provision that allows personal jurisdiction in any federal district court in the nation. But venue is proper only in the …

Honor Thy Father And Thy Mother: Religious Accommodation Under Title Vii In Adeyeye V. Heartland Sweeteners, Llc, Zeke Katz

Seventh Circuit Review

Title VII of the Civil Rights Act provides that an employer must reasonably accommodate an employee's request for a leave of absence due to a religious observance or practice, as long as that accommodation does not present an undue hardship for the employer. The amendments to Title VII, and the Guidelines issued by the Equal Opportunity Employment Commission in response to Title VII, reveal a trend towards a broad interpretation of religious accommodation in the workplace. The Seventh Circuit Court of Appeals continued and exemplified this trend in Adeyeye v. Heartland Sweeteners, LLC.

In Adeyeye, where an employee …

Chain Gang: Examining The Seventh Circuit's "Chain Of Distribution Test" When Applying Minimum Sentences For Drug-Related Deaths, David Starshak

Seventh Circuit Review

If a person dies or is seriously injured after using illegal drugs, the person who sold them the drugs is subject to mandatory minimum sentences under 21 U.S.C. § 841(b). But what happens when the person who sold the drug is a member of a drug distribution conspiracy? How can the courts go after the other members of that organization?

The Seventh Circuit answered these questions in United States v. Walker, when it held that other members of the conspiracy could also be subject to § 841(b)'s minimum sentences as long as they were within the "chain of distribution" …

Gender Plus One: Broadening Judicial Interpretation Of Gender-Based Social Group Formulations, Andrea Coutu

Seventh Circuit Review

Individuals seeking asylum must prove past persecution or a well-founded fear of persecution on account of one of five protected grounds, one ground being membership in a particular social group. In Matter of Acosta, the Board of Immigration Appeals defined a social group as a group of persons who share an immutable characteristic, meaning a characteristic that is either unchangeable or fundamental to one's identity or conscience such that the person should not be required to change. Despite listing sex as an immutable characteristic in Acosta, courts are reluctant to accept social group formulations based on gender alone. …

Your Call Is Now Being Monitored: Should Municipalities Be Liable For Unauthorized Wiretapping?, Mckenna M. Prohov

Seventh Circuit Review

In Seitz v. City of Elgin, the Seventh Circuit ruled that the Federal Wire Tapping Act (FWA) does not authorize a civil lawsuit against a municipality for intentionally disclosing or using electronic communications. While amendments to the FWA have expanded the potential scope of liability to reach municipalities, the court said in an opinion by Judge Joel M. Flaum that they did so only as a means of vindicating rights stated elsewhere in the Act. The decision created a circuit split, because the Sixth Circuit previously found that the FWA amendments brought municipalities within the potential ambit of liability. …

Advantageous Attacks: The Role Of Advantage In Targeting People Under The Law Of Armed Conflict, Krista Nelson

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

How To Really Engage Iran: A Proposal, Amit K. Chhabra

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Toward A New Human Rights Paradigm: Integrating Hitherto Neglected Traditional Values Into The Corpus Of Human Rights And The Legitimacy Question, Obiajulu Nnamuchi

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Child Soldiers To War Criminals: Trauma And The Case For Personal Mitigation, Lucia H. Seyfarth

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

The International Criminal Court, The United States, And The Domestic Armed Conflict In Syria, Eric Engle

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Keynote Address: Is It Time To Abolish The Federal Circuit's Exclusive Jurisdiction In Patent Cases?, Diane P. Wood

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Open Innovation In Plant Genetic Resources For Food And Agriculture, Chidi Oguamanam

Chicago-Kent Journal of Intellectual Property

Contemporary global order for the promotion of innovation exaggerates the role of intellectual property (IP) as a closed proprietary model of knowledge production and protection. Partly as a boomerang effect of that order or partly as a coincidence of the phenomenal rise in the information and communication technologies or both, there has been increased gravitation toward open, collaborative, shared, communal and interdependent models of innovation. This trend is typified by the rise of open software movement and cognate endeavours. The article attempts to transpose the open innovation dynamic to the context of plant genetic resources for food and agriculture (PGFA); …

Recent Decisions Provide Some Clarity On How Courts And Government Agencies Will Likely Resolve Issues Involving Standard-Essential Patents, Steven M. Amundson

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Phoenix Rising? On The Fall And Potential New Rise Of State Trademark Rights, Charles Mcmanis, Henry Biggs

Chicago-Kent Journal of Intellectual Property

This article addresses the historical interplay of federal, state and common law trademark rights as they relate to the scope of geographic protection. The article looks closely at the narrow context where federal trademark law may arguably provide for state trademark law to prevail. The article notes, however, that the specific state trademark language necessary for that state trademark right to prevail has slowly vanished from most state trademark statutes. Yet while the door has seemed to be closing in this area, a relatively recent case, National Ass'n for Healthcare Communications, Inc. v. Central Arkansas Area Agency on Aging, Inc, …