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Full-Text Articles in Law

Righting The Wrongs Of Native American Removal And Advocating For Tribal Recognition: A Binding Promise, The Trail Of Tears, And The Philosophy Of Restorative Justice, 54 Uic L. Rev. 933 (2021), Maria Conversa Jan 2021

Righting The Wrongs Of Native American Removal And Advocating For Tribal Recognition: A Binding Promise, The Trail Of Tears, And The Philosophy Of Restorative Justice, 54 Uic L. Rev. 933 (2021), Maria Conversa

UIC Law Review

No abstract provided.


The Global Protection Of Traditional Knowledge: Searching For The Minimum Consensus, 17 J. Marshall Rev. Intell. Prop. L. 42 (2017), Aman Gebru Jan 2017

The Global Protection Of Traditional Knowledge: Searching For The Minimum Consensus, 17 J. Marshall Rev. Intell. Prop. L. 42 (2017), Aman Gebru

UIC Review of Intellectual Property Law

The protection of traditional knowledge (TK) – the know-how, skills, innovations and practices of indigenous peoples and local communities has been a subject of heated debate in many international forums. TK has proved to be useful as an input in modern industries. For instance, pharmaceutical companies have used medicinal TK to develop drugs more quickly. Despite its value, TK faces an alarming rate of loss and there are many initiatives that attempt to preserve it for posterity. However, almost every major issue on TK protection is contentious, including whether international TK protection is necessary or if domestic legislation alone would …


An Argument In Support Of Tax-Free Per-Cap Distribution Payments Derived From Native American Nations Gaming Sources, 37 N. Ill. U. L. Rev. 66 (2016), Arthur Acevedo Jan 2016

An Argument In Support Of Tax-Free Per-Cap Distribution Payments Derived From Native American Nations Gaming Sources, 37 N. Ill. U. L. Rev. 66 (2016), Arthur Acevedo

UIC Law Open Access Faculty Scholarship

Gaming activities play important social, cultural, and economic roles for many Native American tribes. During the 1970s and 1980s, gaming activities spread throughout the country, and became more accessible to nonnative individuals. This growth in gaming activities drew the attention of state and local officials who sought to limit and regulate Native American gaming. In California v. Cabazon Band of Mission Indians, the State of California, arguing before the Supreme Court, asserted that it could exercise jurisdiction over Native American gaming activities. In a stunning defeat, the Supreme Court ruled against the State of California when it announced its decision …


Chicago’S Last Unclaimed Indian Territory: A Possible Native American Claim Upon Billy Caldwell’S Land, 50 J. Marshall L. Rev. 91 (2016), Scott Priz Jan 2016

Chicago’S Last Unclaimed Indian Territory: A Possible Native American Claim Upon Billy Caldwell’S Land, 50 J. Marshall L. Rev. 91 (2016), Scott Priz

UIC Law Review

No abstract provided.


Nagpra And Its Limitations: Repatriation Of Indigenous Cultural Heritage, 15 J. Marshall Rev. Intell. Prop. L. 472 (2016), Kevin Ray Jan 2016

Nagpra And Its Limitations: Repatriation Of Indigenous Cultural Heritage, 15 J. Marshall Rev. Intell. Prop. L. 472 (2016), Kevin Ray

UIC Review of Intellectual Property Law

The historical conditions under which indigenous (and specifically Native American) cultural heritage objects have been collected present tremendous difficulties, since collecting efforts were frequently influenced, or even directed, by racist or colonialist ideologies. Recent decades have seen efforts to redress past wrongs, as well as to correct misunderstandings and misrepresentations. The restitution and repatriation processes of the Native American Graves Protection and Repatriation Act of 1990, enacted as human rights legislation, provide powerful, but imperfect tools for the protection of Native American cultural heritage. The challenges are both domestic and international. Recent French auction sales of Hopi, Zuni, and Navajo …


Music As Cultural Heritage: Analysis Of The Means Of Preventing The Exploitation Of Intangible Cultural Heritage, 14 J. Marshall Rev. Intell. Prop. L. 228 (2015), Ronald Inawat Jan 2015

Music As Cultural Heritage: Analysis Of The Means Of Preventing The Exploitation Of Intangible Cultural Heritage, 14 J. Marshall Rev. Intell. Prop. L. 228 (2015), Ronald Inawat

UIC Review of Intellectual Property Law

What started out as a law school requirement quickly snowballed into an analysis of the relationship between intellectual property and cultural heritage. I am a music guy at heart, having played piano since I was five years old, having composed one song (after multiple tries), and now working directly with musicians and artists. So when I began researching a topic for an article that would connect the dots between the cultural heritage and its respective music, I could only come across legal doctrine and articles that focused heavily on tangible art and artifacts. So what happened to the music? After …


Rethinking Resistance: Reflections On The Cultural Lives Of Property, Collective Identity, And Intellectual Property, 47 J. Marshall L. Rev. 1349 (2014), Caroline Joan Picart Jan 2014

Rethinking Resistance: Reflections On The Cultural Lives Of Property, Collective Identity, And Intellectual Property, 47 J. Marshall L. Rev. 1349 (2014), Caroline Joan Picart

UIC Law Review

No abstract provided.


Red Law, White Supremacy: Cherokee Freedmen, Tribal Sovereignty, And The Colonial Feedback Loop, 47 J. Marshall L. Rev. 1227 (2014), Jeremiah Chin Jan 2014

Red Law, White Supremacy: Cherokee Freedmen, Tribal Sovereignty, And The Colonial Feedback Loop, 47 J. Marshall L. Rev. 1227 (2014), Jeremiah Chin

UIC Law Review

This paper attempts to unpack questions at the intersections of race and sovereignty by analyzing two federal court cases involving Cherokee Freedmen and citizenship: Vann v. United States DOI and Cherokee Nation v. Nash.


The Human Costs Of “Free Association”: Socio-Cultural Narratives And The Legal Battle For Micronesian Health In Hawai'i, 47 J. Marshall L. Rev. 1377 (2014), Susan Serrano Jan 2014

The Human Costs Of “Free Association”: Socio-Cultural Narratives And The Legal Battle For Micronesian Health In Hawai'i, 47 J. Marshall L. Rev. 1377 (2014), Susan Serrano

UIC Law Review

No abstract provided.


Protecting Traditional Knowledge In International Intellectual Property Law: Imperatives For Protection And Choice Of Modalities, 14 J. Marshall Rev. Intell. Prop. L. 25 (2014), Tesh Dagne Jan 2014

Protecting Traditional Knowledge In International Intellectual Property Law: Imperatives For Protection And Choice Of Modalities, 14 J. Marshall Rev. Intell. Prop. L. 25 (2014), Tesh Dagne

UIC Review of Intellectual Property Law

The need for protecting traditional knowledge (TK) has been acknowledged in discussion and negotiations under the umbrella of a number of inter-governmental organizations that deal with biodiversity, the environment, indigenous peoples’ rights, human rights, food and agriculture, among others. It has, however, proved difficult to arrive at a consensus on the proper modality that can serve the needs and desires of Indigenous and Local Communities (ILCs) in their economic and cultural participation. The article examines the imperatives for the protection of TK and explores the modalities of TK protection at the international level for regulating the control of, access to …


A Context-Sensitive Inquiry: The Interpretation Of Meaning In Cases Of Visual Appropriation Art, 12 J. Marshall Rev. Intell. Prop. L. 746 (2013), Elizabeth Winkowski Jan 2013

A Context-Sensitive Inquiry: The Interpretation Of Meaning In Cases Of Visual Appropriation Art, 12 J. Marshall Rev. Intell. Prop. L. 746 (2013), Elizabeth Winkowski

UIC Review of Intellectual Property Law

As Andy Warhol’s famous depiction of a soup can has demonstrated, the meaning of a work depends on its context. While the Campbell’s label signified one thing to shoppers in supermarkets, it raised new questions when presented as a work of art. Warhol’s work is just one example of what has come to be known as appropriation art, an artistic practice that borrows and repurposes images from the media, popular culture, and other sources. Unsurprisingly, this art form is in frequent tension with copyright law. This comment suggests that in analyzing the“purpose and character” factor of the fair use inquiry, …


Crossing The Innovation Divide, 81 Temp. L. Rev. 507 (2008), Doris E. Long Jan 2008

Crossing The Innovation Divide, 81 Temp. L. Rev. 507 (2008), Doris E. Long

UIC Law Open Access Faculty Scholarship

While intellectual property has long been perceived as a method for protecting, and ultimately valuing, innovation, it is an imperfect measure. With its traditional bias in favor of innovation as delimited by Western views of individuality and technological progress, intellectual property is not only an imperfect measure, but also one that has contributed to the undervaluing of non- Western innovation and creativity. This undervaluation has denied developing and least-developed countries a right of compensation for local innovation, which has contributed to the continuing imbalance in economic development. Recognizing a broader definition of compensable innovation that includes non-Western concepts, including innovation …


Honoring Trademarks: The Battle To Preserve Native American Imagery In The National Collegiate Athletic Association, 7 J. Marshall Rev. Intell. Prop. L. 735 (2008), Ian Botnick Jan 2008

Honoring Trademarks: The Battle To Preserve Native American Imagery In The National Collegiate Athletic Association, 7 J. Marshall Rev. Intell. Prop. L. 735 (2008), Ian Botnick

UIC Review of Intellectual Property Law

On August 5, 2005, the National Collegiate Athletic Association introduced its plan to end the use of Native American mascots, nicknames and imagery. Schools were required to change their offensive nicknames and mascots and were forced to stop using trademarks bearing Native American imagery. The NCAA ban presents the question of whether schools affected by the ban can bring a trademark action against the NCAA. One interpretation of trademark law provides a school with no redress because the NCAA has not created a competing mark. However, the other interpretation of trademark law provides a school with a valid trademark claim …


Dissonant Harmonization: Limitations On "Cash N' Carry" Creativity, 70 Alb. L. Rev. 1163 (2007), Doris E. Long Jan 2007

Dissonant Harmonization: Limitations On "Cash N' Carry" Creativity, 70 Alb. L. Rev. 1163 (2007), Doris E. Long

UIC Law Open Access Faculty Scholarship

Even though creativity lies at the heart of present copyright laws, the impulse to create-or more precisely what triggers such creativity-remains largely unexamined. Coinciding with the digital demand for access to information, new standards for "cash 'n' carry" creativity are being urged with little regard to what level of authorial3 control may be required to ensure continued enrichment of the public domain through the creation of vibrant new works. Scientific, psychological, and sociological studies indicate that "cash 'n' carry" creativity fails to implement the critical triggering mechanisms for the creative impulse. Moreover, such "cash 'n' carry" attitudes toward authors' rights …


Theseus, The Labyrinth, And The Ball Of String: Navigating The Regulatory Maze To Ensure Enforceability Of Tribal Gaming Contracts, 40 J. Marshall L. Rev. 1123 (2007), Heidi Mcneil Staudenmaier, Ruth K. Khalsa Jan 2007

Theseus, The Labyrinth, And The Ball Of String: Navigating The Regulatory Maze To Ensure Enforceability Of Tribal Gaming Contracts, 40 J. Marshall L. Rev. 1123 (2007), Heidi Mcneil Staudenmaier, Ruth K. Khalsa

UIC Law Review

No abstract provided.


Labor Regulation, Union Avoidance And Organized Labor Relations Strategies On Tribal Lands: New Indian Gaming Strategies In The Wake Of San Manuel Band Of Indians V. National Labor Relations Board, 40 J. Marshall L. Rev. 1259 (2007), D. Michael Mcbride Iii, H. Leonard Court Jan 2007

Labor Regulation, Union Avoidance And Organized Labor Relations Strategies On Tribal Lands: New Indian Gaming Strategies In The Wake Of San Manuel Band Of Indians V. National Labor Relations Board, 40 J. Marshall L. Rev. 1259 (2007), D. Michael Mcbride Iii, H. Leonard Court

UIC Law Review

No abstract provided.


Traditional Knowledge And The Fight For The Public Domain, 5 J. Marshall Rev. Intell. Prop. L. 317 (2006), Doris E. Long Jan 2006

Traditional Knowledge And The Fight For The Public Domain, 5 J. Marshall Rev. Intell. Prop. L. 317 (2006), Doris E. Long

UIC Review of Intellectual Property Law

What are the challenges facing the protection of traditional knowledge internationally? Can the protection of such rights, which have traditionally existed outside the boundaries of intellectual property, be achieved in the face of current challenges to protections epitomized by such emerging international movements as enhanced access to information and culture as a human right? This article examines some of the emerging issues in this hotly contested area and suggests that such movements, which are not adverse to intellectual property and traditional knowledge rights, should be used to craft a new method for addressing the issue of traditional knowledge protection internationally.


The Boundary Of Personal Jurisdiction: The "Effects Test" And The Protection Of Crazy Horse's Name, 38 J. Marshall L. Rev. 381 (2004), Scott Fruehwald Jan 2004

The Boundary Of Personal Jurisdiction: The "Effects Test" And The Protection Of Crazy Horse's Name, 38 J. Marshall L. Rev. 381 (2004), Scott Fruehwald

UIC Law Review

No abstract provided.


Protecting The Rights Of Indigenous Cultures Under The Current Intellectual Property System: Is It A Good Idea?, 3 J. Marshall Rev. Intell. Prop. L. 88 (2003), Juan Andrés Fuentes Jan 2003

Protecting The Rights Of Indigenous Cultures Under The Current Intellectual Property System: Is It A Good Idea?, 3 J. Marshall Rev. Intell. Prop. L. 88 (2003), Juan Andrés Fuentes

UIC Review of Intellectual Property Law

Globalization and digital communication trends have provided new avenues and incentives for the commercial use of the folkloric artwork of indigenous peoples. Such commercial uses, however, have occurred largely without any creative control or financial benefit inuring to the original creators, people, or tribe of whom the artistic works form an integral part of their culture. Since much of the works are owned by a community as a whole, as opposed to being owned by individuals, it is difficult to fit such works into an intellectual property regime that is based on laws formed around Western notions of art and …


“Democratizing” Globalization: Practicing The Policies Of Cultural Inclusion, 10 Cardozo J. Int'l & Comp. L. 217 (2002), Doris E. Long Jan 2002

“Democratizing” Globalization: Practicing The Policies Of Cultural Inclusion, 10 Cardozo J. Int'l & Comp. L. 217 (2002), Doris E. Long

UIC Law Open Access Faculty Scholarship

No abstract provided.


Federalism: The Imprecise Calculus Of Dual Sovereignty, 35 J. Marshall L. Rev. 1 (2001), John H. Clough Jan 2001

Federalism: The Imprecise Calculus Of Dual Sovereignty, 35 J. Marshall L. Rev. 1 (2001), John H. Clough

UIC Law Review

No abstract provided.


Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination As Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, 33 J. Marshall L. Rev. 639 (2000), Michael Carroll Jan 2000

Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination As Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, 33 J. Marshall L. Rev. 639 (2000), Michael Carroll

UIC Law Review

No abstract provided.


John Marshall And Indian Nations In The Beginning And Now, 33 J. Marshall L. Rev. 1183 (2000), Milner S. Ball Jan 2000

John Marshall And Indian Nations In The Beginning And Now, 33 J. Marshall L. Rev. 1183 (2000), Milner S. Ball

UIC Law Review

No abstract provided.


Impact Of Foreign Investment On Indigenous Culture: An Intellectual Property Perspective, 23 N.C. J. Int'l L. & Com. Reg. 229 (1998), Doris E. Long Jan 1998

Impact Of Foreign Investment On Indigenous Culture: An Intellectual Property Perspective, 23 N.C. J. Int'l L. & Com. Reg. 229 (1998), Doris E. Long

UIC Law Open Access Faculty Scholarship

No abstract provided.


Sentencing And Cultural Differences: Banishment Of The American Indian Robbers, 29 J. Marshall L. Rev. 239 (1995), Stephanie J. Kim Jan 1995

Sentencing And Cultural Differences: Banishment Of The American Indian Robbers, 29 J. Marshall L. Rev. 239 (1995), Stephanie J. Kim

UIC Law Review

No abstract provided.


The Igra And The Eleventh Amendment: Indian Tribes Are Gambling When They Try To Sue A State, 27 J. Marshall L. Rev. 193 (1993), Peter T. Glimco Jan 1993

The Igra And The Eleventh Amendment: Indian Tribes Are Gambling When They Try To Sue A State, 27 J. Marshall L. Rev. 193 (1993), Peter T. Glimco

UIC Law Review

No abstract provided.


Our Nation's Energy And Resources - Decision Making In Conflict, 23 J. Marshall L. Rev. 197 (1990), Wallace H. Johnson Jan 1990

Our Nation's Energy And Resources - Decision Making In Conflict, 23 J. Marshall L. Rev. 197 (1990), Wallace H. Johnson

UIC Law Review

No abstract provided.