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Articles 1 - 30 of 62
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The Social Value Of Intellectual Property, Alina Ng
The Social Value Of Intellectual Property, Alina Ng
Journal Articles
The focus of this paper is not on how intellectual property owners can misuse intellectual property rights in harmful ways in society. Much has already been written about that topic. Instead, this paper is about how to encourage intellectual property owners, especially corporate owners, to make decisions and implement strategies about their intellectual property rights that are socially valuable and positively impactful. This paper argues that if corporate and business owners of intellectual property understand the role that their intellectual property rights can have in creating a positive social impact, the influence that they can have in the market as …
Progress As Impact: A Contemporary View Of Copyright And Patent Clause, Alina Ng
Progress As Impact: A Contemporary View Of Copyright And Patent Clause, Alina Ng
Journal Articles
This paper argues that the incentive-welfare functions of patents and copyrights would be enhanced by embracing a more purpose-driven view of inventions and creative expressions. This paper is divided into three parts to show how conceptualizing “progress” as the betterment of society through the use of impactful intellectual property will ultimately benefit both the creator and recipient of the work so that the incentive welfare function of the law is maximized. Part I of the paper explores the concept of progress as a goal undergirding the patent and copyright systems and shows how the conventional understanding of progress as “creation” …
How Mobile Homes Correlate With Per Capita Income, Randall K. Johnson
How Mobile Homes Correlate With Per Capita Income, Randall K. Johnson
Journal Articles
This study explores the nature of the relationship between the number of state-regulated mobile homes and per capita income, so as to determine whether higher-income parts of Illinois have more mobile homes than would be predicted by a recent BBC News article. It does so by identifying a simple way to determine the direction and strength of any relationship between mobile homes and per capita income, which that article assumes to be negative, if only at the county level in Illinois. The study, specifically, collects and analyzes mobile home data from Illinois and per capita income data from the U.S. …
Show Me The Money: An Empirical Analysis Of Interest Group Opposition To Federal Courts Of Appeals Nominees, Donald E. Campbell, Marcus Hendershot
Show Me The Money: An Empirical Analysis Of Interest Group Opposition To Federal Courts Of Appeals Nominees, Donald E. Campbell, Marcus Hendershot
Journal Articles
Contemporary views of the federal judicial appointment process are grounded in themes of obstruction and gridlock. Within this environment, interest groups find fertile ground to target, and sometimes successfully oppose, judicial nominees that once automatically moved through the appointment process and ended in confirmation. While interest group involvement and influence is an accepted fact, much less is known about the efficacy of these groups in carrying out their objective of correctly identifying ideological outlier nominees. This article asks the question: Do interest groups correctly identify and target nominees who are ideological outliers? The article implements a research design that evaluates …
Bringing Brown V. Board Of Education Out Of Retirement, Angela Mae Kupenda
Bringing Brown V. Board Of Education Out Of Retirement, Angela Mae Kupenda
Journal Articles
The decision in the landmark U.S. Supreme Court case Brown v. Board of Education, turns 65 years old in 2019. While 65 is considered to be a normal retirement age, Brown was retired many years ago while it was still just a toddler. As a result, Brown never became all that it could be. Now as Brown turns 65, it is (past) time to bring Brown out of its early, premature retirement. The primary purpose of this commentary is to encourage other professors to think, too, on what we can do individually, and what we must do collectively, to reinvigorate …
Personhood Seeking New Life With Republican Control, Jonathan Will, I. Glenn Cohen, Eli Y. Adashi
Personhood Seeking New Life With Republican Control, Jonathan Will, I. Glenn Cohen, Eli Y. Adashi
Journal Articles
Just three days prior to the inauguration of Donald J. Trump as President of the United States, Representative Jody B. Hice (R-GA) introduced the Sanctity of Human Life Act (H R. 586), which, if enacted, would provide that the rights associated with legal personhood begin at fertilization. Then, in October 2017, the Department of Health and Human Services released its draft strategic plan, which identifies a core policy of protecting Americans at every stage of life, beginning at conception. While often touted as a means to outlaw abortion, protecting the "lives" of single-celled zygotes may also have implications for the …
Uniform Enforcement Or Personalized Law? A Preliminary Examination Of Parking Ticket Appeals In Chicago, Randall K. Johnson
Uniform Enforcement Or Personalized Law? A Preliminary Examination Of Parking Ticket Appeals In Chicago, Randall K. Johnson
Journal Articles
This Article is one in a series of papers that sets the record straight about the type, quality, and quantity of information that U.S. cities may employ, so as to make more informed policy decisions. It does so, specifically, by examining information that is collected by the City of Chicago: in order to gauge the uniformity, as well as the relative cost effectiveness, of the parking ticket appeals process. The Article has six (VI) parts. Part I is the introduction, which sets the stage for a preliminary examination of the parking ticket appeals process in Chicago. Part II describes the …
Embracing Our First Responder Role As Academics - With Inspiration From Langston Hughes, Angela Mae Kupenda
Embracing Our First Responder Role As Academics - With Inspiration From Langston Hughes, Angela Mae Kupenda
Journal Articles
In the midst of the post-2016 political crisis, our role as academics is that of First Responders. In physical crises, like a fire, First Responders play an important role. They intentionally put themselves in harm’s way to fulfill an overarching purpose of helping others, even at their own risk. They strategically prepare, train, and work for years to prepare for this role in the midst of crisis. As academics who care about equality, we are First Responders.
Picking At Morals: Analytical Jurisprudence In The Age Of Naturalized Ethics, Alina Ng Boyte
Picking At Morals: Analytical Jurisprudence In The Age Of Naturalized Ethics, Alina Ng Boyte
Journal Articles
No abstract provided.
Paintbrushes And Crowbars: Richard Rorty And The New Public-Private Divide, John P. Anderson
Paintbrushes And Crowbars: Richard Rorty And The New Public-Private Divide, John P. Anderson
Journal Articles
In an often-quoted passage, Richard Rorty wrote that “J.S. Mill’s suggestion that governments devote themselves to optimizing the balance between leaving people’s lives alone and preventing suffering seems to me pretty much the last word.” In this Article, I show why, for Rorty, maintaining a strong public-private divide that cordons off final vocabularies—the religious, racial, ethnic, sexual, gender, philosophical, and other terms so important for citizens’ private pursuits of self-creation and self-perfection—from public political discourse is a crucial means to accomplishing both of these goals in post-secular liberal democracies. Public political justifications should instead be articulated in the foundation neutral …
Equality Lost In Time And Space: Examining The Race/Class Quandary With Personal Pedagogical Lessons From A Course, A Film, A Case, And An Unfinished Movement, Angela Mae Kupenda
Equality Lost In Time And Space: Examining The Race/Class Quandary With Personal Pedagogical Lessons From A Course, A Film, A Case, And An Unfinished Movement, Angela Mae Kupenda
Journal Articles
This essay is both personal and pedagogical. My hope is that it issues a clarion call to legal educators and administrators to choose the pursuit of racial and class equality. I believe that, as law faculty and administrators, we must first address our personal quandaries with race and class before we can effectively address the racial and class implications in our pedagogical or administrative roles in legal education. This essay focuses on race and class and is a clarion call for legal academics and administrators to address ongoing structural racism and classism in our institutions, by starting with our own …
The Call And The Response: The Call, The 1991 Open Letter From Federal Judge A. Leon Higginbotham, Jr., And The 25 Years Of Response From Justice Clarence Thomas, Angela Mae Kupenda
The Call And The Response: The Call, The 1991 Open Letter From Federal Judge A. Leon Higginbotham, Jr., And The 25 Years Of Response From Justice Clarence Thomas, Angela Mae Kupenda
Journal Articles
In 1991, Clarence Thomas was confirmed as the first Black radical conservative Justice, in spite of opposition including credible allegations of sexual harassment lodged against him. His unprecedented confirmation evoked unprecedented reactions, including written ones. One such written action is the basis for this article. Our nation is now fast approaching the anniversary, not only of Thomas’ 25 ceremonial years on the Court, but also of almost 25 years since an unprecedented, published, pointed, open, publicly and widely circulated correspondence was sent to the newly confirmed Justice Thomas by another Black judge. Esteemed Federal Judge A. Leon Higginbotham, Jr., penned …
The Final Step To Insider Trading Reform: Answering The "It's Just Not Right!" Objection, John P. Anderson
The Final Step To Insider Trading Reform: Answering The "It's Just Not Right!" Objection, John P. Anderson
Journal Articles
This Article proceeds as follows: Section I sets the table by dismissing the notion that economic analysis of law should enjoy some privileged status (as more precise, rigorous, or scientific) over ethical analysis of law. Rather, it is suggested that economic and ethical reasons are best understood as different tools suited for different roles in legal reform. It is then argued that, given the current climate, ethical reasoning is the best tool for overcoming the remaining obstacles to insider trading reform in the United States. Section II begins the ethical analysis by arguing that even if it were admitted that …
Building Support For Faculty Women Of Color In Stem, Loretta A. Moore, Deidre L. Wheaton, Evelyn J. Leggette, Angela Mae Kupenda
Building Support For Faculty Women Of Color In Stem, Loretta A. Moore, Deidre L. Wheaton, Evelyn J. Leggette, Angela Mae Kupenda
Journal Articles
Given the national climate, higher education must continue to serve a vital role for our future, just as it has in our past. For historically Black colleges and universities (HBCUs) and other minority-serving institutions, their mission-driven role is even more urgent. Communities of color depend on these institutions to be gateways for access to jobs with higher incomes for graduates in growing fields such as science, technology, engineering, and mathematics (STEM). Hence, it is critical for these faculty women of color in STEM to have environments and networks that will help them to succeed.
What’S The Harm In Issuer-Licensed Insider Trading?, John P. Anderson
What’S The Harm In Issuer-Licensed Insider Trading?, John P. Anderson
Journal Articles
There is growing support for the claim that issuer-licensed insider trading (when the insider’s firm approves the trade in advance and has disclosed that it permits such trading pursuant to published guidelines) is economically efficient and morally harmless. But for the last thirty-five years, many scholars and the U.S. Supreme Court have relied on Professor William Wang’s “Law of Conservation of Securities” to rebut claims that insider trading can be victimless. This law is purported to show that every act of insider trading, even those licensed by the issuer, causes an identifiable harm to someone. This article argues that the …
Who Wins Residential Property Tax Appeals?, Randall K. Johnson
Who Wins Residential Property Tax Appeals?, Randall K. Johnson
Journal Articles
This article explains who wins residential property tax appeals in Cook County, Illinois. It does so by collecting and combining public sector data, which has been recently released by the Cook County Assessor. The article then uses this data to compute three statistics. Lastly, it contextualizes each statistic in order to determine if some townships, or groups of townships, win more appeals than expected
Transforming Climates For The Academic Woman Of Color: Facilitating Greater Understanding In The Workplace Climate And In Social Structures, Loretta A. Moore, Michelle D. Deardorff, Evelyn J. Leggette, Angela Mae Kupenda
Transforming Climates For The Academic Woman Of Color: Facilitating Greater Understanding In The Workplace Climate And In Social Structures, Loretta A. Moore, Michelle D. Deardorff, Evelyn J. Leggette, Angela Mae Kupenda
Journal Articles
This article explores the findings of a workshop designed to determine impediments for academic success of women of color in Science, Technology, Engineering, and Mathematics (STEM), as well as Social and Behavioral Science (SBS), disciplines at Historically Black Colleges and Universities (HBCUs). Funded by a National Science Foundation (NSF) five-year ADVANCE Institutional Transformation (IT) grant, three concurrent cohorts – single women, women with partners, and the partners of the women – explored various factors that hinder academic women’s progression. Utilizing mixed methods, including focus groups, pre- and post-surveys and recorded interviews, it was found that women of color at HBCUs …
The Conceits Of Our Legal Imagination: Legal Fictions And The Concept Of Deemed Authorship, Alina Ng Boyte
The Conceits Of Our Legal Imagination: Legal Fictions And The Concept Of Deemed Authorship, Alina Ng Boyte
Journal Articles
Legal fictions contain embedded nuggets of information about social reality and reveal important aspects of human society. However, the use of legal fictions may also obscure important information or fundamental questions about law and its role in shaping society. These fictions become institutionalized without a clear understanding of their function. When that happens, fallacious assumptions about human behavior and social relationships transform into binding principles that set the course for future legal development, potentially resulting in legal rules that are completely dissociated from social, historical, or cultural reality. This article explores the concept of deemed authorship as a legal fiction …
Will The South Rise Again And, If So, In What Form?: Lessons From Latcrit About Resisting The Fear Of Cultural Understanding, Angela Mae Kupenda
Will The South Rise Again And, If So, In What Form?: Lessons From Latcrit About Resisting The Fear Of Cultural Understanding, Angela Mae Kupenda
Journal Articles
Through lessons learned from LatCrit 2013, this essay is hoping to evoke the missing sentiment of understanding and equality by signifying that the south that will rise again will be a south that is transformed, as Dr. Martin Luther King said “into an oasis of freedom and justice,” by moving out of its fears of understanding and moving to a far greater level of cross-cultural understanding.
On The Receiving End Of Influence: Helping Craft The Scholarship Of My Students And How Their Work Influences Me, Angela Mae Kupenda
On The Receiving End Of Influence: Helping Craft The Scholarship Of My Students And How Their Work Influences Me, Angela Mae Kupenda
Journal Articles
My essay is divided into two parts. In part one I share about the struggle I had to endure to even allow myself the opportunity to be influenced by my students. Institutional struggles and professorial expectations as to how the academy should operate were hurdles I had to clear. Also, I had personal hurdles of making the commitment that I did for over five years. In part two, I primarily focus on some of my law students’ scholarship over the past five years and reflect on the life changing influence they have had on me. Their work and dedication have …
Where Schools Close In Chicago, Randall K. Johnson
Where Schools Close In Chicago, Randall K. Johnson
Journal Articles
This article tests the assumption that schools close disproportionately in disadvantaged parts of the city in order to explain where schools close in Chicago. It does so by introducing a new CPS closings data set.This data set sheds some light on the phenomenon by identifying 130 schools that closed over time, twenty-seven ZIP codes that experienced CPS closings, and three demographic characteristics of each ZIP code. As a result, the dataset helps to explain how CPS closings relate to race, income, and location.
Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium--The Plenary Panel, Maritza I. Reyes, Angela Mae Kupenda, Angela Onwuachi-Willig, Stephanie M. Wildman, Adrien K. Wing
Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium--The Plenary Panel, Maritza I. Reyes, Angela Mae Kupenda, Angela Onwuachi-Willig, Stephanie M. Wildman, Adrien K. Wing
Journal Articles
Presumed Incompetent was produced thanks to the vision and commitment of its editors: Dr. Gabriella Gutiérrez y Muhs, Dr. Yolanda Flores Niemann, Carmen G. González, and Angela P. Harris. This symposium came to fruition because the Berkeley Journal of Gender, Law & Justice invited the two law professor editors, Professor Harris and Professor González, to convene a distinguished group of scholars from Canada and the United States to expand and deepen the conversation initiated by the book. The very successful day-long symposium and the publication of the resulting articles were made possible by the resources, time, and dedication provided by …
The Sky Is Falling (Again): Evaluating The Current Funding Crisis In The Judiciary, Donald E. Campbell
The Sky Is Falling (Again): Evaluating The Current Funding Crisis In The Judiciary, Donald E. Campbell
Journal Articles
This Article will consider the current crisis in a broad historical context. This larger narrative can provide a helpful perspective in the current debate. It offers a glimpse into how we came to the current system and allows us to question our assumptions regarding the way the system currently works. Historical context is an important (and under-discussed) aspect of this crisis. As the leaders of the bench and bar come together to evaluate changes to the current system, the discussion should begin with understanding how the system evolved to where it is now and with appreciating the fact that the …
Dismantling America’S Largest Sleeper Cell: The Imperative To Treat, Rather Than Merely Punish, Active Duty Offenders With Ptsd Prior To Discharge From The Armed Forces, Evan R. Seamone
Journal Articles
By separating combat veterans with uniquely military discharges that make many ineligible for effective PTSD treatment, the active duty armed forces are creating a class of future offenders, specially trained to be lethal, whose violent acts against themselves, their families, and the public collectively amass more casualties, incur more costs, and drain more resources in the homeland than the underlying traumatic episode in the war zone. The obligation to treat these offenders and help them successfully transition to civilian society with preserved VA benefits before discharge is not merely a laudatory goal of therapeutic jurisprudence, but a mandate under the …
Book Review, Angela Mae Kupenda
Book Review, Angela Mae Kupenda
Journal Articles
LIBERTY & SECURITY, authored by Human Rights Law Professor Conor Gearty, is a book that is relevant and fills a void through the question it explores. Gearty, while admitting that the terms liberty and security are susceptible to a host of meanings, does not seek in this book to define a more precise meaning for these terms. Rather, the book focuses on the “for how many” question (p.2). Gearty asks and answers whether liberty and security are “to be for all or just the few?”
Beyond Abortion: Why The Personhood Movement Implicates Reproductive Choice, Jonathan Will
Beyond Abortion: Why The Personhood Movement Implicates Reproductive Choice, Jonathan Will
Journal Articles
In 2008, an amendment was proposed to the Colorado Constitution that sought to attach the rights and protections associated with legal “personhood” to any human being from the moment of fertilization. Although the initiative was defeated, it sparked a nation-wide Personhood Movement that has spurred similar efforts at the federal level and in over a dozen states. Personhood advocates choose terms like “fertilization,” or phrases such as “human being at any stage of development,” to identify the “person”-defining moment in the reproductive process, and these designations have profound implications for reproductive choice. Proponents are outspoken in their desire to outlaw …
How Tax Increment Financing (Tif) Districts Correlate With Taxable Properties, Randall K. Johnson
How Tax Increment Financing (Tif) Districts Correlate With Taxable Properties, Randall K. Johnson
Journal Articles
TIF literature does not answer a basic question:Does this economic development tool positively correlate with expanded tax bases? The question is important because it avoids the difficult issue of causation, while also yielding insight into the nature of the relationship between TIF and expanded tax bases. As a result, this Article answers the question for suburban Cook County, Illinois.
Literary Property And Copyright, Alina Ng
Literary Property And Copyright, Alina Ng
Journal Articles
Copyright laws emerged out of necessity when the earliest printing presses were introduced into the book trade. After the Statute of Anne codified an assortment of censorship, licensing, and trade-control rules to produce the world’s first copyright statute in 1710,1 it soon became clear in the United Kingdom and in the United States that all rights in creative works were provided by statute.2 Copyright laws have steadily expanded since the Statute of Anne to protect owners of creative works. In the past decade, attacks on these expansions by left-leaning critics have become visceral and intense. As copyright owners assert absolute …
To Advice And Consentdelay: The Role Of Interest Groups In The Confirmation Of Judges To The Federal Courts Of Appeal, Donald E. Campbell
To Advice And Consentdelay: The Role Of Interest Groups In The Confirmation Of Judges To The Federal Courts Of Appeal, Donald E. Campbell
Journal Articles
Political and partisan battles over nominees to the federal courts of appeal have reached unprecedented levels. This article considers the reasons for this change in the process. Using evidence from law and political science, this article proposes that current confirmation struggles are greatly influenced by increased involvement of interest groups in the process. The article tests the role of interest groups through an in-depth examination of George W Bush's nomination of Leslie H. Southwick to the Fifth Circuit Court of Appeals. Utilizing the Southwick case study, the article provides evidence of how interest groups impact the confirmation process by designating …
Negotiating Social Mobility And Critical Citizenship: Institutions At A Crossroads, Michelle D. Deardorff, Angela Mae Kupenda
Negotiating Social Mobility And Critical Citizenship: Institutions At A Crossroads, Michelle D. Deardorff, Angela Mae Kupenda
Journal Articles
A Black law professor who teaches at a predominantly White law school and a White public law professor who teaches at a historically Black university in the same southern, urban community are co-authors of this Article. Here, in this piece, we explore the tension between the goals of our institutions and many other institutions to improve the socioeconomic status of our students with our personal goals of preparing students to challenge societal injustice and to be critical citizens who are willing to challenge a government that engages in abusive actions or is exploitative of its citizenry.