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Articles 1 - 30 of 75
Full-Text Articles in Law
The Sprouting Of Human Rights Initiatives In The Midst Of A Storm Of Resistance To Refugees, Sarah Dávila A.
The Sprouting Of Human Rights Initiatives In The Midst Of A Storm Of Resistance To Refugees, Sarah Dávila A.
UIC Law Open Access Faculty Scholarship
No abstract provided.
Article Xiv, Section 3 Of The Illinois Constitution: A Limited Initiative To Amend The Article On The Legislature, 48 Loy. U. Chi. L.J. 899 (2017), Ann Lousin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Plausibility Under The Defend Trade Secrets Act, 16 J. Marshall Rev. Intell. Prop. L. 188 (2017), Michelle Evans
Plausibility Under The Defend Trade Secrets Act, 16 J. Marshall Rev. Intell. Prop. L. 188 (2017), Michelle Evans
UIC Review of Intellectual Property Law
With the recent passage of the Defend Trade Secrets Act (DTSA), a federal civil cause of action for trade secret misappropriation is now available. To add some familiarity to the Act, the drafters incorporated definitions similar to those of the Uniform Trade Secrets Act (UTSA). However, even though the provisions may seem familiar, there is a new requirement that is not obvious on the face of the statute- the plausibility requirement for pleading under the federal rules. To understand plausibility; however, one must understand the DTSA. Unfortunately, there is no guidance from the DTSA that can aid interpretation of the …
Design Patent Litigation: Is "Obvious To Try" Unavailable For Validity Challenges Under 35 U.S.C. § 103?, 16 J. Marshall Rev. Intell. Prop. L. 173 (2017), Scott Locke
UIC Review of Intellectual Property Law
Ten years ago, the United States Supreme Court shook the foundation of U.S. patent law when it announced that a patented invention could be invalidated because the claimed combination of heightened the thr whether a person of ordinary skill in the art would deem a combination of features obvious to try can be measured against a perceived a likelihood of success for achieving a purpose. But the concept does not easily translate to design patents. Those types of patents are directed to ornamental features, which by definition cannot be dictated by functionality, and thus, the success of a combination cannot …
Gotta Catch . . . A Lawsuit? A Legal Insight Into The Intellectual, Civil, And Criminal Battlefield Pokémon Go Has Downloaded Onto Smartphones And Properties Around The World, 16 J. Marshall Rev. Intell. Prop. L. 329 (2017), Andrew Rossow
UIC Review of Intellectual Property Law
Our society, and its millennials, have entered the digital age, whereby almost everything is conducted and perpetuated through electronic devices. Smartphones have dominated the mobile device market and have allowed its users to download mobile applications and games to the device. Pokémon Go, is the latest trend in mobile gaming and the start to a bright future of augmented reality. But what happens when augmented reality meets the physical world? Do our modern-day statutes and laws extend into the cyberspace that it is augmented reality? What happens when a user of an augmented reality game enters onto the property of …
It’S My Mark, I Can Offend If I Want To! The Waning Of The Government’S Power To Protect Its Citizens From Widespread Discriminatory Marks, 16 J. Marshall Rev. Intell. Prop. L. 505 (2017), Paul Sanders
UIC Review of Intellectual Property Law
There is an inherent tension between the First Amendment and trademark law. For over 100 years the United States Patent and Trademark Office has protected American citizens from Marks of ill repute. In the wake of the In re Tam decision, this may become more difficult if not impossible. This comment analyzes In re Tam, as well as explores the First Amendment guarantee of free speech and trademark law, and how each intersects with each other. Additionally, this comment proposes solutions that will allow the government to continue protecting its citizens from Marks that should have no place in commerce.
If The Shoe Fits: The Effects Of A Uniform Copyright Design Test On Local Fashion Designers, 17 J. Marshall Rev. Intell. Prop. L. 262 (2017), Elise Ruff
UIC Review of Intellectual Property Law
Fashion design is a revolutionary walking art form, becoming increasingly accessible to consumers. The increase in accessibility is, in part, due to the presence of technology and social media platforms. While this allows the consumer to have access to a designer’s goods at unprecedented levels, this has led to an increase in claims of copyright infringement against large fashion corporations. This comment discusses how local-based fashion designers have lodged complaints against large fashion corporations of stealing their designs. Additionally, this comment discusses a recent United States Supreme Court case Star Athletica, L.L.C., v. Varsity Brands, Inc., and the implications of …
Protective Plan Provisions For Employer-Sponsored Employee Benefits Plans, 18 Marq. Ben. & Soc. Welfare L. Rev. 1 (2017), Kathryn J. Kennedy
Protective Plan Provisions For Employer-Sponsored Employee Benefits Plans, 18 Marq. Ben. & Soc. Welfare L. Rev. 1 (2017), Kathryn J. Kennedy
UIC Law Open Access Faculty Scholarship
No abstract provided.
Communication Conundrums: Theories About And Tips For Effective Decanal Communication, 48 U. Tol. L. Rev. 211 (2017), Darby Dickerson, Marjorie Buckner
Communication Conundrums: Theories About And Tips For Effective Decanal Communication, 48 U. Tol. L. Rev. 211 (2017), Darby Dickerson, Marjorie Buckner
UIC Law Open Access Faculty Scholarship
Clear and effective communication is essential for any organization, including a law school, to operate effectively. But communication is often one of the trickiest skills a law dean must seek to master. Once a person adds “Dean” to the front of his or her name, communication norms change. A dean must be sensitive to power structures—whether real or perceived— that exist within the law school. A dean also must be vigilant about how she communicates with others, and how others communicate on her behalf. And she must understand that people will communicate differently with her than with others in the …
What Investigative Resources Does The International Criminal Court Need To Succeed?: A Gravity-Based Approach, 16 Wash. U. Global Stud. L. Rev. 1 (2017), Stuart Ford
UIC Law Open Access Faculty Scholarship
There is an ongoing debate about what resources the International Criminal Court (ICC) needs to be successful. On one side of this debate are many of the Court’s largest funders, including France, Germany, Britain, Italy, and Japan. They have repeatedly opposed efforts to increase the Court’s resources even as its workload has increased dramatically in recent years. On the other side of the debate is the Court itself and many of the Court’s supporters within civil society. They have taken the position that it is underfunded and does not have sufficient resources to succeed. This debate has persisted for years …
Beyond Canterbury: Can Medicine And Law Agree About Informed Consent? And Does It Matter?, 45 J.L. Med. & Ethics 106 (2017), Marc Ginsberg
Beyond Canterbury: Can Medicine And Law Agree About Informed Consent? And Does It Matter?, 45 J.L. Med. & Ethics 106 (2017), Marc Ginsberg
UIC Law Open Access Faculty Scholarship
For those of us whose scholarship focuses on medico-legal jurisprudence, the law of informed consent is a gift. It has been a fertile topic of discussion for decades, with no end in sight. Although it is not difficult to acknowledge that patient autonomy is at the core of informed consent, the doctrine is not static - it has evolved in scope and continues to engage courts in thought provoking analysis.
Insuring Bias: Does Evidence Of Common Insurance Demonstrate Relevant Expert Witness Bias In Medical Negligence Litigation?, 55 Duq. L. Rev. 339 (2017), Marc Ginsberg
UIC Law Open Access Faculty Scholarship
No abstract provided.
Will I Pass The Bar Exam? Predicting Student Success Using Lsat Scores And Law School Performance, 45 Hofstra L. Rev. 753 (2017), Katherine Austin, Catherine Martin Christopher, Darby Dickerson
Will I Pass The Bar Exam? Predicting Student Success Using Lsat Scores And Law School Performance, 45 Hofstra L. Rev. 753 (2017), Katherine Austin, Catherine Martin Christopher, Darby Dickerson
UIC Law Open Access Faculty Scholarship
No abstract provided.
I Dissent: The Federal Circuit’S “Great Dissenter,” Her Influence On The Patent Dialogue, And Why It Matters, 19 Vand. J. Ent. & Tech. 873 (2017), Daryl Lim
UIC Law Open Access Faculty Scholarship
This Article is the first study to comprehensively explore the centrality of the patent dialogue at the Court of Appeals for the Federal Circuit, the nation’s principal patent court from empirical, doctrinal, and policy perspectives. It offers several insights into how the Federal Circuit reaches consensus and when it does not, serving as a window into its inner workings, a reference to academics, judges, and attorneys alike. More broadly, this Article provides a template to study the “legal dialogue” of other judges at the Federal Circuit, those in other Circuits, as well as those in other areas of the law. …
Retooling The Intellectual Property-Antitrust Intersection: Insights From Behavioral Economics, 69 Baylor L. Rev. 124 (2017), Daryl Lim
UIC Law Open Access Faculty Scholarship
This Article argues that courts should operationalize insights offered by behavioral economics in developing jurisprudence at the patent-antitrust interface.
An Evidentiary Oddity: “Careful Habit” – Does The Law Of Evidence Embrace This Archaic/Modern Concept?, 43 Ohio N.U. L. Rev. 293 (2017), Marc Ginsberg
An Evidentiary Oddity: “Careful Habit” – Does The Law Of Evidence Embrace This Archaic/Modern Concept?, 43 Ohio N.U. L. Rev. 293 (2017), Marc Ginsberg
UIC Law Open Access Faculty Scholarship
The concept of the “careful habit”[i] is intriguing. The law of evidence vigorously distinguishes between character evidence (largely inadmissible)[ii] and habit evidence (presumptively admissible).[iii] Character is understood as a propensity to act in a certain fashion[iv]—a person’s disposition. Habit is understood as non-volitional, repetitive specific conduct, in response to stimuli, over a rather lengthy period of time.[v] “Carefulness” is known by the law as a character trait.[vi] Carefulness should not be confused with habit, yet this confusion has occurred in multiple jurisdictions, many years ago and recently. This paper seeks to explore the …
Seeing The Wrecking Ball In Motion: Ex Parte Protection Orders And The Realities Of Domestic Violence, 32 Wis. J.L. Gender & Soc'y 13 (2017), Debra Pogrund Stark, Jessica M. Choplin
Seeing The Wrecking Ball In Motion: Ex Parte Protection Orders And The Realities Of Domestic Violence, 32 Wis. J.L. Gender & Soc'y 13 (2017), Debra Pogrund Stark, Jessica M. Choplin
UIC Law Open Access Faculty Scholarship
One of the most fundamental norms in our judicial system is that courts need to hear from both parties on a legal issue before granting any form of legal relief. Nevertheless, rules of civil procedure permit a vulnerable party to appear in court ex parte (without prior notice to the other party), to obtain a temporary order prohibiting a wrongful action about to be taken that will cause irreparable harm. A classic example of this is when a person runs into court because a demolition crew is starting to set up to demolish a building they have built and claim …
Coverage In Transition: Considerations When Expanding Employer-Provided Health Coverage To Lgbti Employees And Beneficiaries, 24 Cardozo J. Equal Rts. & Soc. Just. 3 (2017), Kathryn J. Kennedy
Coverage In Transition: Considerations When Expanding Employer-Provided Health Coverage To Lgbti Employees And Beneficiaries, 24 Cardozo J. Equal Rts. & Soc. Just. 3 (2017), Kathryn J. Kennedy
UIC Law Open Access Faculty Scholarship
The rights of transgender individuals has been in the headlines during 2017 - ranging from President Trump's tweet to announce a ban on transgender individuals from serving in the military due to the "tremendous medical costs" to a nationwide injunction imposed by a federal district court on the HHS regulations that prohibit health-care discrimination against transgender individuals under the Affordable Care Act (ACA). There are three important reasons why transgender rights are in the news. First, the Human Rights Campaign Foundation, designed to promote the lives of lesbian, gay, bisexual, and transgender (LGBT) people, scores employers in its Corporate Equality …
Ignorance Of Technology A Pass For Violating Child Pornography Laws? – What’S The Cache?, 33 J. Marshall J. Info. Tech. & Privacy L. 47 (2017), Angela Lewosz
UIC John Marshall Journal of Information Technology & Privacy Law
This comment explains how the cache works, discusses computer forensic examinations, and provides a history of child pornography laws. It next explores how the courts have interpreted the changing pornography laws with advances in technology. It then specifically assesses the different approaches the courts take when reconciling the mens rea (the mental element) of knowledge in accordance with possession. Finally, this comment analyzes the strengths and flaws in the courts’ arguments and suggests a proposal for how the courts should deal with the cache in relation to the criminalization of possession within the federal child pornography laws.
Exposure To Police Brutality Allows For Transparency And Accountability Of Law Enforcement, 33 J. Marshall J. Info. Tech. & Privacy L. 75 (2017), Kendal Harden
UIC John Marshall Journal of Information Technology & Privacy Law
Thanks to the advancements in technology and valor of citizens, the public is finally able to understand the true severity of police brutality within the United States. The following considerations aim to address the lack of accountability and transparency of police brutality in the United States today. Part III will show how advancements in technology brings police brutality to the forefront of our nation’s issues by creating an informed society. Part IV will describe how individual states control the use of private cameras and cell phones of citizens to capture occurrences of police brutality. States do this by employing anti-wiretapping …
Protecting Colleges & Universities Against Real Losses In A Virtual World, 33 J. Marshall J. Info. Tech. & Privacy L. 101 (2017), Gregory Demers, Seth Harrington, Mark Cianci, Nicholas Green
Protecting Colleges & Universities Against Real Losses In A Virtual World, 33 J. Marshall J. Info. Tech. & Privacy L. 101 (2017), Gregory Demers, Seth Harrington, Mark Cianci, Nicholas Green
UIC John Marshall Journal of Information Technology & Privacy Law
Colleges and universities are prime targets for cyberattacks. Authors Gregory L. Demers, Seth C. Harrington, Mark A. Cianci, and Nicholas R. Green explore emerging data security risks and litigation trends on college campuses, and offer ways to manage these risks through a comprehensive insurance plan. Given the increasing variety and complexity of plans available, it is incumbent upon universities to regularly reassess the coverage afforded by their existing policies.
Petitioner’S Response To The Court’S Order To Show Cause, Johnson V. Pfister, Docket No. 1:17-Cv-03997 (N.D. Ill. 2017), J. Damian Ortiz, The John Marshall Law School Pro Bono Clinic
Petitioner’S Response To The Court’S Order To Show Cause, Johnson V. Pfister, Docket No. 1:17-Cv-03997 (N.D. Ill. 2017), J. Damian Ortiz, The John Marshall Law School Pro Bono Clinic
Court Documents and Proposed Legislation
No abstract provided.
Restorative Justice And The Value Of Victims, Offenders, And A Cloud Of Witnesses, 50 J. Marshall L. Rev. 451 (2017), Jeanne Bishop
Restorative Justice And The Value Of Victims, Offenders, And A Cloud Of Witnesses, 50 J. Marshall L. Rev. 451 (2017), Jeanne Bishop
UIC Law Review
No abstract provided.
Protecting Injured Workers By Eliminating The Use Of The American Medical Association Guides In Evaluation Of Permanent Partial Disability, 50 J. Marshall L. Rev. 589 (2017), Dan Debias
UIC Law Review
This comment will demonstrate why using an AMA impairment rating as the sole determinant in evaluating an injured worker's disability would be a fundamentally unfair concept. Part II of this comment will discuss the history of compensation remedies for injured workers, both federally and in Illinois. Part II will also explain Illinois' calculation of permanent partial disability benefits, the 2011 amendments to the Illinois Workers' Compensation Act ("Act"), and the recently proposed changes to the Act concerning the AMA Guides. Part III will analyze the AMA Guides in more detail, including research into its flaws, the constitutionality of its inclusion …
The Manufacturing And Trafficking Of Narcotics: An Overview Of Global Laws, 50 J. Marshall L. Rev. 813 (2017), Waseem Ahmad Qureshi
The Manufacturing And Trafficking Of Narcotics: An Overview Of Global Laws, 50 J. Marshall L. Rev. 813 (2017), Waseem Ahmad Qureshi
UIC Law Review
This paper will focus mainly on the use, manufacturing, trafficking, and adverse effects of narcotic drugs. In addition, the major laws against the manufacturing, use, and trafficking of drugs will also be discussed, and the successes and hurdles in preventing the trafficking, use, and manufacturing of narcotic drugs will also be evaluated. Strictly curbing the manufacturing and trafficking of narcotic drugs can reduce the spread of this abhorrence in society.
Segregation, Violence, And Restorative Justice: Restoring Our Communities, 50 J. Marshall L. Rev. 487 (2017), Michael Seng
Segregation, Violence, And Restorative Justice: Restoring Our Communities, 50 J. Marshall L. Rev. 487 (2017), Michael Seng
UIC Law Review
This article will explain why restorative justice is an effective remedy in resolving the social and economic problems that plague our communities. A narrow approach will not succeed. Restorative justice solutions require participation by the entire community; nothing less will work.
Telemedicine In Illinois: Untangling The Complex Legal Threads, 50 J. Marshall L. Rev. 885 (2017), Laura Wibberley
Telemedicine In Illinois: Untangling The Complex Legal Threads, 50 J. Marshall L. Rev. 885 (2017), Laura Wibberley
UIC Law Review
This Comment begins in Section II with an overview of the current telemedicine practices in healthcare, as well as the current law within Illinois regarding telemedicine use. Section III of this Comment discusses the flaws under the current Illinois law that act to impede licensed medical professionals from providing telemedicine services in patient care. Section III specifically focuses on the area of medical negligence to include the establishment of the physician-patient relationship, the applicable standard of care, and the scope of the requisite informed consent. This Section also examines and compares various legislation enacted in other states that provide a …
Incorporating Social Justice Into The Law School Curriculum With A Hybrid Doctrinal/Writing Course, 50 J. Marshall L. Rev. 221 (2017), Rosa Castello
Incorporating Social Justice Into The Law School Curriculum With A Hybrid Doctrinal/Writing Course, 50 J. Marshall L. Rev. 221 (2017), Rosa Castello
UIC Law Review
Educating future lawyers is about more than just teaching them substantive law. We are preparing professionals who will go out into our world and shape and affect it in deep and impacting ways. They will make law, enforce law, determine policy, defend people, advocate, and influence lives and businesses. Therefore, any thorough law school education should teach social justice and encourage students to become more engaged in activism. One way to incorporate social justice into the law school curriculum is to offer specific courses focused on social justice. However, administrators may be concerned about demand for such classes or ability …
Who’S Gonna Take The Weight: Using Legal Storytelling To Ignite A New Generation Of Social Engineers, 50 J. Marshall L. Rev. 231 (2017), Camille Lamar Campbell
Who’S Gonna Take The Weight: Using Legal Storytelling To Ignite A New Generation Of Social Engineers, 50 J. Marshall L. Rev. 231 (2017), Camille Lamar Campbell
UIC Law Review
So I ask the rhetorical question: “Who’s Gonna Take the Weight?” to mobilize law professors—the people responsible for shaping students’ professional identities—to use storytelling techniques to overcome the corrosive effects of stereotypes and implicit biases on controversial clients’ access to legal services and on the lawyer’s professional identity as a social engineer. This article precedes in two parts. Part II explores traditional client selection models and endorses a Houstonian approach to client selection, one that acknowledges the challenges of representing controversial clients within a framework that also acknowledges the social justice consequences of denying representation to controversial clients. Part III …
Rule Of Law, Activism And Equality: Growing Antisubordination Norms Within The University, 50 J. Marshall L. Rev. 249 (2017), Peter Halewood, Donna Young
Rule Of Law, Activism And Equality: Growing Antisubordination Norms Within The University, 50 J. Marshall L. Rev. 249 (2017), Peter Halewood, Donna Young
UIC Law Review
This article examines this recent surge of student activism to determine how it fits within larger social movements and to evaluate how receptive courts and legislatures may be to some of the claims raised by the protests. Significant changes in civil rights laws have often been driven by significant shifts in societal perceptions of and engagement with social justice issues. And importantly, social movements have often fostered the political pressure necessary for social, legal, and political reform. There is the potential for these protests to influence courts and legislatures and shape their interpretations of legal rules in ways that recognize …