Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 47

Full-Text Articles in Law

Climate Change, The Paris Agreement, And Subsidiarity, 52 Uic J. Marshall L. Rev. 257 (2019), Paul Lewis, Giovanni Coinu Jan 2019

Climate Change, The Paris Agreement, And Subsidiarity, 52 Uic J. Marshall L. Rev. 257 (2019), Paul Lewis, Giovanni Coinu

UIC Law Review

No abstract provided.


Chasing Results From The Chasing Arrows: Strategies For The United States To Stop Wasting Time And Resources When It Comes To Recycling, 52 Uic J. Marshall L. Rev. 147 (2018), Christina Everling Jan 2018

Chasing Results From The Chasing Arrows: Strategies For The United States To Stop Wasting Time And Resources When It Comes To Recycling, 52 Uic J. Marshall L. Rev. 147 (2018), Christina Everling

UIC Law Review

The United States is a leader when it comes to creating waste, but not when it comes to disposing of that waste in environmentally conscious ways, such as through recycling. While other countries boast recycling rates over 60 percent, the United States’ recycling rate is an unimpressive 25 percent. Even amidst a “zero waste” movement, there are few national efforts to increase our recycling rate. Some state and local communities have picked up the slack, implementing a variety of strategies to boost their recycling output and reduce waste. These initiatives, such as automatic curbside recycling, landfill bans, mandatory recycling, container …


At What Costs? Environmental Regulations And Cost-Benefit Analysis In Michigan V. Epa, 49 J. Marshall L. Rev. 1257 (2016), Thomas Skelton Jan 2016

At What Costs? Environmental Regulations And Cost-Benefit Analysis In Michigan V. Epa, 49 J. Marshall L. Rev. 1257 (2016), Thomas Skelton

UIC Law Review

No abstract provided.


The Insufficiency Of The Musical Instrument Passport Program Under Cites And The Lacey Act: The Need For A Centralized Wood Title Certification System For Manufactured Wood Products And Wooden Musical Instruments, 48 J. Marshall L. Rev. 495 (2015), Joseph Furlett Jan 2015

The Insufficiency Of The Musical Instrument Passport Program Under Cites And The Lacey Act: The Need For A Centralized Wood Title Certification System For Manufactured Wood Products And Wooden Musical Instruments, 48 J. Marshall L. Rev. 495 (2015), Joseph Furlett

UIC Law Review

This comment begins with overviews of the Lacey Act, the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES), and the Endangered Species Act of 1973 (ESA). The purpose of this background information is to provide context for the recent creation of a “passport” system for musical instruments to protect them from confiscation based on violations of CITES and the Lacey Act. This comment will then analyze the inherent flaws in the current passport system and describe the difficulties facing corporations and individual consumers as they try to navigate current laws that affect musical instruments. This …


Illinois’S Hydraulic Fracturing Regulatory Act: A Successful Compromise, 49 J. Marshall L. Rev. 315 (2015), Jennifer Cassel Jan 2015

Illinois’S Hydraulic Fracturing Regulatory Act: A Successful Compromise, 49 J. Marshall L. Rev. 315 (2015), Jennifer Cassel

UIC Law Review

This article briefly discusses the history of legislative action and negotiations that led up to the negotiation and promulgation of the Illinois Hydraulic Fracturing Regulatory Act (the Act) in June 2013. It also summarizes and discusses numerous provisions in the Act that were of particular interest to environmental groups engaged in negotiating the Act, as well as the Act’s implementing regulations finalized in November 2014. Finally, it provides a brief discussion of the status of fracking activity in Illinois right now and a forecast for the near future.


The Role Of Natural Gas In The Clean Power Plan, 49 J. Marshall L. Rev. 325 (2015), Lincoln Davies, Victoria Luman Jan 2015

The Role Of Natural Gas In The Clean Power Plan, 49 J. Marshall L. Rev. 325 (2015), Lincoln Davies, Victoria Luman

UIC Law Review

No abstract provided.


Fracking: The Unconventional Energy Response To Climate Change: Implications For The Real Estate Industry, 49 J. Marshall L. Rev. 449 (2015), Celeste Hammond Jan 2015

Fracking: The Unconventional Energy Response To Climate Change: Implications For The Real Estate Industry, 49 J. Marshall L. Rev. 449 (2015), Celeste Hammond

UIC Law Review

No abstract provided.


Underbalanced Drilling: Can It Solve The Economic, Environmental And Regulatory Taking Problems Associated With Fracking? 49 J. Marshall L. Rev. 511 (2015), Richard Roddewig, W. James Hughes Jan 2015

Underbalanced Drilling: Can It Solve The Economic, Environmental And Regulatory Taking Problems Associated With Fracking? 49 J. Marshall L. Rev. 511 (2015), Richard Roddewig, W. James Hughes

UIC Law Review

No abstract provided.


Toward A Patent Exhaustion Regime For Sustainable Development, 32 Berkeley J. Int'l Law. 330 (2014), Benjamin Liu Dec 2014

Toward A Patent Exhaustion Regime For Sustainable Development, 32 Berkeley J. Int'l Law. 330 (2014), Benjamin Liu

UIC Law Open Access Faculty Scholarship

This Article argues that the current exhaustion doctrine, when applied to the refurbishing industry, fails to balance its mandate of promoting technological progress with the broader program of sustainable development and is therefore unsuitable for countries on the modernization path. First, what constitutes an infringing “making” remains underdetermined. Second, the evidentiary hurdle for proving legal refurbishment is too onerous for the low margin and under-resourced refurbishing industry. Finally, the all-or-nothing approach to judging infringement fails to account for the nuanced cost-benefit nexus that exists between patentees, refurbishers, and society at large and discourages private ordering. To recalibrate the balance between …


Remade In China: What Does Recycling Tell Us About The Chinese Patent System?, 82 Umkc L. Rev. 887 (2014), Benjamin Liu Jan 2014

Remade In China: What Does Recycling Tell Us About The Chinese Patent System?, 82 Umkc L. Rev. 887 (2014), Benjamin Liu

UIC Law Open Access Faculty Scholarship

What can we expect of China's patent law during the tenure of President Xi Jinping? This article proffers a partial answer to this broad question through the close reading of patent allegations against Chinese refurbishers and recyclers. Although the doctrinal issues presented are specific, these disputes occupy a policy space where competing goals of development tear a slit in the glossy exterior of the “Chinese Dream” meme that comes to represent Xi's administration, a slit through which we may gain some insight into the direction of IP development in China.

In the process of domesticating a legal regime originated from …


The Rocky Mountain Arsenal National Wildlife Refuge: On A Rocky Road To Creating A Community Asset, 47 J. Marshall L. Rev. 1401 (2014), Rachel Salcido Jan 2014

The Rocky Mountain Arsenal National Wildlife Refuge: On A Rocky Road To Creating A Community Asset, 47 J. Marshall L. Rev. 1401 (2014), Rachel Salcido

UIC Law Review

This paper examines the RMA Refuge restoration in terms of key benchmarks of successful restorations: 1) biological integrity; 2) historical fidelity; 3) identifying root causes of and addressing practices leading to environmental degradation; and finally, 4) public engagement, connecting with the public and encouraging environmentalism.


When Retreat Is The Best Option: Flood Insurance After Biggert-Waters And Other Climate Change Puzzles, 47 J. Marshall L. Rev. 695 (2013), Robert Verchick, Lynsey Johnston Jan 2013

When Retreat Is The Best Option: Flood Insurance After Biggert-Waters And Other Climate Change Puzzles, 47 J. Marshall L. Rev. 695 (2013), Robert Verchick, Lynsey Johnston

UIC Law Review

No abstract provided.


An Essay Adapted From A Presentation Entitled "Adaptation To Climate Change," 47 J. Marshall L. Rev. 487 (2013), Rosina Bierbaum Jan 2013

An Essay Adapted From A Presentation Entitled "Adaptation To Climate Change," 47 J. Marshall L. Rev. 487 (2013), Rosina Bierbaum

UIC Law Review

No abstract provided.


The Evolving Role For Transactional Attorneys Responding To Client Needs In Adapting To Climate Change, 47 J. Marshall L. Rev. 543 (2013), Celeste M. Hammond Jan 2013

The Evolving Role For Transactional Attorneys Responding To Client Needs In Adapting To Climate Change, 47 J. Marshall L. Rev. 543 (2013), Celeste M. Hammond

UIC Law Review

No abstract provided.


Funding Adaptation, 47 J. Marshall L. Rev. 657 (2013), Jonathan Rosenbloom Jan 2013

Funding Adaptation, 47 J. Marshall L. Rev. 657 (2013), Jonathan Rosenbloom

UIC Law Review

No abstract provided.


Insurance And Climate Change, 47 J. Marshall L. Rev. 719 (2013), Joseph Macdougald, Peter Kochenburger Jan 2013

Insurance And Climate Change, 47 J. Marshall L. Rev. 719 (2013), Joseph Macdougald, Peter Kochenburger

UIC Law Review

No abstract provided.


Climate Change Adaptation And Land Use: Exploring The Federal Role, 47 J. Marshall L. Rev. 509 (2013), Alice Kaswan Jan 2013

Climate Change Adaptation And Land Use: Exploring The Federal Role, 47 J. Marshall L. Rev. 509 (2013), Alice Kaswan

UIC Law Review

No abstract provided.


Local Governments Feel The Heat: Principles For Local Government Adaptation To The Impacts Of Climate Change, 47 J. Marshall L. Rev. 635 (2013), Sean Hecht Jan 2013

Local Governments Feel The Heat: Principles For Local Government Adaptation To The Impacts Of Climate Change, 47 J. Marshall L. Rev. 635 (2013), Sean Hecht

UIC Law Review

No abstract provided.


Using Development Financing Tools To Help Cover Costs Of Adapting To Climate Change In Tornado Alley And Beyond, 47 J. Marshall L. Rev. 609 (2013), Carl Circo Jan 2013

Using Development Financing Tools To Help Cover Costs Of Adapting To Climate Change In Tornado Alley And Beyond, 47 J. Marshall L. Rev. 609 (2013), Carl Circo

UIC Law Review

No abstract provided.


The Twilight Of National Land Use Policy, 45 J. Marshall L. Rev. 237 (2012), Fred Bosselman Jan 2012

The Twilight Of National Land Use Policy, 45 J. Marshall L. Rev. 237 (2012), Fred Bosselman

UIC Law Review

No abstract provided.


Holding Our Breath: Waiting For The Federal Government To Recognize Coal Ash As A Hazardous Waste, 45 J. Marshall L. Rev. 1177 (2012), Blake Korb Jan 2012

Holding Our Breath: Waiting For The Federal Government To Recognize Coal Ash As A Hazardous Waste, 45 J. Marshall L. Rev. 1177 (2012), Blake Korb

UIC Law Review

No abstract provided.


East Going West?: The Promise Of Assured Supply Laws In Modern Real Estate Development, 43 J. Marshall L. Rev. 319 (2010), Lincoln L. Davies Jan 2010

East Going West?: The Promise Of Assured Supply Laws In Modern Real Estate Development, 43 J. Marshall L. Rev. 319 (2010), Lincoln L. Davies

UIC Law Review

No abstract provided.


Rainwater Recapture: Development Regulations Promoting Water Conservation, 43 J. Marshall L. Rev. 359 (2010), Julian Conrad Juergensmeyer Jan 2010

Rainwater Recapture: Development Regulations Promoting Water Conservation, 43 J. Marshall L. Rev. 359 (2010), Julian Conrad Juergensmeyer

UIC Law Review

No abstract provided.


Burnham, Water, And The Plan Of Chicago: A Historical Explanation Of Why Water Was Ignored And The Consequences Of Ignoring Water, 43 J. Marshall L. Rev. 413 (2010), Virginia M. Harding Jan 2010

Burnham, Water, And The Plan Of Chicago: A Historical Explanation Of Why Water Was Ignored And The Consequences Of Ignoring Water, 43 J. Marshall L. Rev. 413 (2010), Virginia M. Harding

UIC Law Review

No abstract provided.


The Unbearable Cost Of Skipping The Check: Property Rights, Takings Compensation & Ecological Protection In The Western Water Law Context, 17 N.Y.U. Envtl. L.J. 1063 (2009), Scott Andrew Shepard Jan 2009

The Unbearable Cost Of Skipping The Check: Property Rights, Takings Compensation & Ecological Protection In The Western Water Law Context, 17 N.Y.U. Envtl. L.J. 1063 (2009), Scott Andrew Shepard

UIC Law Open Access Faculty Scholarship

No abstract provided.


Safety Vs. Security: How Broad But Selective Public Access To Environmental Data Properly Balances Communities' Safety And Homeland Security, 25 J. Marshall J. Computer & Info. L. 273 (2008), Brad Schweiger Jan 2008

Safety Vs. Security: How Broad But Selective Public Access To Environmental Data Properly Balances Communities' Safety And Homeland Security, 25 J. Marshall J. Computer & Info. L. 273 (2008), Brad Schweiger

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


The Clean Water Act's Antidegradation Policy: Has It Been "Dumped"?, 42 J. Marshall L. Rev. 209 (2008), Katherine A. Zogas Jan 2008

The Clean Water Act's Antidegradation Policy: Has It Been "Dumped"?, 42 J. Marshall L. Rev. 209 (2008), Katherine A. Zogas

UIC Law Review

No abstract provided.


An Analysis Of The Contraction Of Limited Tort Immunity For Recreational Liability In Illinois, 42 J. Marshall L. Rev. 65 (2008), Barnett P. Ruttenberg, Thomas Gianturco Jan 2008

An Analysis Of The Contraction Of Limited Tort Immunity For Recreational Liability In Illinois, 42 J. Marshall L. Rev. 65 (2008), Barnett P. Ruttenberg, Thomas Gianturco

UIC Law Review

No abstract provided.


Banning Smoking In Chicago's Social Scene: Protecting Labor And Broadening Public Health Policy, 40 J. Marshall L. Rev. 1063 (2007), Adrienne Detanico Jan 2007

Banning Smoking In Chicago's Social Scene: Protecting Labor And Broadening Public Health Policy, 40 J. Marshall L. Rev. 1063 (2007), Adrienne Detanico

UIC Law Review

No abstract provided.


Hurricane Katrina And The Toxic Torts Implications Of Environmental Injustice In New Orleans, 40 J. Marshall L. Rev. 1 (2006), L. Darnell Weeden Jan 2006

Hurricane Katrina And The Toxic Torts Implications Of Environmental Injustice In New Orleans, 40 J. Marshall L. Rev. 1 (2006), L. Darnell Weeden

UIC Law Review

No abstract provided.