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- UIC Review of Intellectual Property Law (34)
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Articles 1 - 30 of 90
Full-Text Articles in Law
The Roberts Court's Failed Innocence Project, Janet C. Hoeffel
The Roberts Court's Failed Innocence Project, Janet C. Hoeffel
Chicago-Kent Law Review
In this article, Professor Hoeffel discusses the Roberts Court's obvious struggle with its actual innocence jurisprudence. It is a struggle that was only theoretical in the days before DNA exonerations. While the Court had two opportunities to clarify the role of wrongful convictions in the criminal justice system, it has declined to do so. In House v. Bell, the Court ratcheted up the standard of proof for freestanding constitutional claims of innocence to a level no petitioner could understand, much less meet. Then, in District Attorney's Office for the Third Judicial District v. Osborne, the Court held that …
A Defense Of Embryonic Stem Cell Research, Gregory Dolin, M.D.
A Defense Of Embryonic Stem Cell Research, Gregory Dolin, M.D.
Indiana Law Journal
No abstract provided.
Copyright Social Utility And Social Justice Interdependence: A Paradigm For Intellectual Property Empowerment And Digital Entrepreneurship, Lateef Mtima
West Virginia Law Review
While advances in digital information technology offer extraordinary possibilities for the exploration and exploitation of literary and artistic expres- sion, these advances also present unprecedented opportunities for intellectual property ("IP") empowerment and the achievement of singular milestones in copyright social justice. The ostensible conflict between copyright digital social utility and digital commoditization has engendered a reemphasis upon the social engineering obligations of the copyright law, and a search for copyright policies which will harmonize these corrivallous objectives. Doctrinal constructions of the copyright law which acknowledge the law's congenital social justice charac- teristics, however, can achieve this equilibrium. The revisualization of …
The Patent System's Relationship To Digital Entrepreneurship, Mark Chandler
The Patent System's Relationship To Digital Entrepreneurship, Mark Chandler
West Virginia Law Review
No abstract provided.
Privacy 3.0-The Principle Of Proportionality, Andrew B. Serwin
Privacy 3.0-The Principle Of Proportionality, Andrew B. Serwin
University of Michigan Journal of Law Reform
Individual concern over privacy has existed as long as humans have said or done things they do not wish others to know about. In their groundbreaking law review article The Right to Privacy, Warren and Brandeis posited that the common law should protect an individual's right to privacy under a right formulated as the right to be let alone-Privacy 1.0. As technology advanced and societal values also changed, a belief surfaced that the Warren and Brandeis formulation did not provide sufficient structure for the development of privacy laws. As such, a second theoretical construct of privacy, Privacy 2.0 as …
Development Of Ectogenesis: How Will Artificial Wombs Affect The Legal Status Of A Fetus Or Embryo?, Jessica H. Schultz
Development Of Ectogenesis: How Will Artificial Wombs Affect The Legal Status Of A Fetus Or Embryo?, Jessica H. Schultz
Chicago-Kent Law Review
Scientists are currently attempting to create an artificula womb which would allow fetal development to occur independent of a woman's womb. This note analyzes legal questions which would emerge with this new technology, including how artificial wombs would affect the interests of the father and the state in the fetus; whether contracts involving artificial wombs would be enforceable; and what type of liability issues would arise due to artificial womb use. Finally, the note proposes answers for these questions and concludes that the development of artificial wombs will likely complicate rather than resolve issues surrounding reproductive rights and the legal …
Lost In Transcription: Why The Video Record Is Actually Verbatim, Keith A. Gorgos
Lost In Transcription: Why The Video Record Is Actually Verbatim, Keith A. Gorgos
Buffalo Law Review
No abstract provided.
Confronting Scientific Reports Under Crawford V. Washington, Bennett L. Gershman
Confronting Scientific Reports Under Crawford V. Washington, Bennett L. Gershman
Pace Law Review
No abstract provided.
Green Technology In Developing Countries: Creating Accessibility Through A Global Exchange Forum, Michael Hasper
Green Technology In Developing Countries: Creating Accessibility Through A Global Exchange Forum, Michael Hasper
Duke Law & Technology Review
As they pursue economic development, developing countries possess high demand for processes and technologies that have climate-friendly methods or alternatives. However, these nations currently face barriers to entry because of trade policies and intellectual property regulations that render procurement of these technologies cost-prohibitive. In light of the recent breakdown in negotiations at the United Nations climate conference in Bali to remove tariffs on green technology, a new approach to green technology diffusion should be considered in order to balance the demand among developing nations for fluid technology transfers with the profit-driven needs and intellectual property considerations of technology holders. A …
Permitting Under The Clean Air Act: How Current Standards Impose Obstacles To Achieving Environmental Justice, Annise Katherine Maguire
Permitting Under The Clean Air Act: How Current Standards Impose Obstacles To Achieving Environmental Justice, Annise Katherine Maguire
Michigan Journal of Race and Law
Most studies about the environmental justice movement focus on the disproportionate share of environmental burdens minority and low-income populations bear, the negative effects of an unequal distribution of undesirable land uses, and how industry contributes to the adverse impacts suffered by the communities. Unfortunately, trying to prove that an injury was caused by actions of a nearby facility is difficult, and this approach has yielded few legal victories for environmental justice communities. While it is important to remain focused on how environmental justice communities are disproportionately impacted by undesirable land uses, the analysis must shift if the law is to …
Wireless Net Neutrality Regulation And The Problem With Pricing: An Empirical, Cautionary Tale, Babette E.L. Boliek
Wireless Net Neutrality Regulation And The Problem With Pricing: An Empirical, Cautionary Tale, Babette E.L. Boliek
Michigan Telecommunications & Technology Law Review
I present here a unique empirical analysis of the consumer welfare benefits of prior regulation in the mobile telecommunications industry. In particular, I analyze the relative consumer benefits of state rate regulation and federal entry regulation. The institution of filing requirements and FTC review and approval of various consumer pricing regimes is highly analogous to the consumer price controls imposed by various state level public utility commissions in the past. Furthermore, the imposition of a zero-price rule is analogous to past rate regulation; in particular it is similar to past wholesale regulation with its underlying principles of open access and …
Corporate Cooperation Through Cost-Sharing, Nicola Faith Sharpe
Corporate Cooperation Through Cost-Sharing, Nicola Faith Sharpe
Michigan Telecommunications & Technology Law Review
Applying a game-theoretic approach based on the classic prisoners' dilemma provides valuable insights into corporate managers' decision-making incentives under existing discovery rules. It demonstrates that the fee structure imposed by current discovery rules leads to inefficiency and motivates corporate litigants on either side of a controversy to employ abusive discovery practices, although each party would benefit from cooperation. Using this framework, this Article shows how a cost-sharing regime can motivate litigants to engage in cooperative discovery and, as a consequence, facilitate more efficient and less abusive discovery practices. To date, scholars, who have posited that cooperative behavior in the discovery …
"False But Highly Persuasive": How Wrong Were The Probability Estimates In Mcdaniel V. Brown?, David H. Kaye
"False But Highly Persuasive": How Wrong Were The Probability Estimates In Mcdaniel V. Brown?, David H. Kaye
Michigan Law Review First Impressions
In McDaniel v. Brown, the Supreme Court will review the use of DNA evidence in a 1994 trial for sexual assault and attempted murder. The Court granted certiorari to consider two procedural issues—the standard of federal postconviction review of a state jury verdict for sufficiency of the evidence, and the district court's decision to allow the prisoner to supplement the record of trials, appeals, and state postconviction proceedings with a geneticist's letter twelve years after the trial. The letter from Laurence Mueller, a professor at the University of California at Irvine, identified two obvious mistakes in the state's expert testimony. …
Giving In To Baby Markets: Regulation Without Prohibition, Sonia M. Suter
Giving In To Baby Markets: Regulation Without Prohibition, Sonia M. Suter
Michigan Journal of Gender & Law
The commodification of reproductive material evokes different responses. Some argue that the sale of reproductive material should be prohibited. Others argue in favor of unfettered baby markets on principle or to achieve broad-scale access to reproductive technologies. In this Article, the author responds to the emergence of baby markets with great skepticism, but reluctant acceptance. Drawing on a relational conception of autonomy and self-definition, she argues that commodification of reproductive material is intrinsically harmful. Moreover, such commodification poses a number of consequential harms. Nevertheless, in spite of these concerns, the author "gives in" to baby markets, which is to say …
The Role Of Foreign Students In The Future Of U.S. Science And Technology Industries, Tim Reeb
The Role Of Foreign Students In The Future Of U.S. Science And Technology Industries, Tim Reeb
Public Interest Law Reporter
No abstract provided.
United States Reexamination Procedures: Recent Trends, Strategies And Impact On Patent Practice, 8 J. Marshall Rev. Intell. Prop. L. 381 (2009), Greg H. Gardella, Emily A. Berger
United States Reexamination Procedures: Recent Trends, Strategies And Impact On Patent Practice, 8 J. Marshall Rev. Intell. Prop. L. 381 (2009), Greg H. Gardella, Emily A. Berger
UIC Review of Intellectual Property Law
Reexamination is playing a significant role in the patent landscape. The United States Patent and Trademark Office is reexamining and invalidating more patent claims than ever before. Potential infringers, aware of this trend, can benefit from reexamination proceedings initiated before, during, and after litigation. Moreover, a prevalent reexamination system benefits both the public and industry. Efficient reexamination enables parties to challenge overly broad patents at a reasonable cost which reduces transaction costs, promoting innovation. Patent holders have responded by crafting narrow claims which fair well before the patent office and in court. The current reexamination trend, if continued, will have …
"Several Healthy Steps Away": New & Improved Products In Section 337 Investigations, 8 J. Marshall Rev. Intell. Prop. L. 309 (2009), Steven E. Adkins, John Evans
"Several Healthy Steps Away": New & Improved Products In Section 337 Investigations, 8 J. Marshall Rev. Intell. Prop. L. 309 (2009), Steven E. Adkins, John Evans
UIC Review of Intellectual Property Law
A business that imports “new and improved,” or redesigned, products into the United States should be aware of the procedures available to lessen the risk of violating standing orders of the United States International Trade Commission (“Commission”). In order to ensure that these products gain entry without violating an ITC order and accruing substantial penalties, it is imperative that the business know its options. Whether it requests a Customs ruling or uses a certification, or whether it petitions for an advisory opinion from the Commission, the business must be able to maneuver. This nuts-and-bolts guide provides examples and information on …
Patent Reform Should Not Leave Innovation Behind, 8 J. Marshall Rev. Intell. Prop. L. 328 (2009), Carl E. Gulbrandsen, Stephanie Adamany, Sandra Haberny, Jason Sheasby
Patent Reform Should Not Leave Innovation Behind, 8 J. Marshall Rev. Intell. Prop. L. 328 (2009), Carl E. Gulbrandsen, Stephanie Adamany, Sandra Haberny, Jason Sheasby
UIC Review of Intellectual Property Law
The most recent push for patent reform established competing groups supporting individual agendas. In view of current economic difficulties, however, the focus on innovation should be ever more important. By enacting the Bayh-Dole Act in 1980, the federal government invested in innovation and unlocked American industrial potential through Universities. The current reform has provisions that limit disclosure and facilitate patent challenging which increases costs to inventors and adds responsibilities to an already overloaded patent office. This article addresses a number of the proposed reforms and the effect on University innovation.
Obviousness Before And After Judge Markey, 8 J. Marshall Rev. Intell. Prop. L. (Special Issue) 9 (2009), Mark J. Abate
Obviousness Before And After Judge Markey, 8 J. Marshall Rev. Intell. Prop. L. (Special Issue) 9 (2009), Mark J. Abate
UIC Review of Intellectual Property Law
Chief Judge Howard T. Markey left an everlasting mark on the meaning of obviousness under 35 U.S.C. § 103. Chief Judge Markey viewed all inventions as combinations of old elements because, in his own words, “Only God works from nothing. Man must work with old elements.” Chief Judge Markey’s obviousness jurisprudence can be characterized by three fundamental principles. First, he looked at an invention as a whole. Second, he looked for real world evidence of nonobviousness because it was a reliable indicator of obviousness. Third, he avoided the dangers of hindsight bias by looking for a reason to combine a …
Sui Generis Genius: How The Design Protection Statute Could Be Amended To Include Entertainment Pitch Ideas, 9 J. Marshall Rev. Intell. Prop. L. 184 (2009), Lindsey Weisselberg
Sui Generis Genius: How The Design Protection Statute Could Be Amended To Include Entertainment Pitch Ideas, 9 J. Marshall Rev. Intell. Prop. L. 184 (2009), Lindsey Weisselberg
UIC Review of Intellectual Property Law
Hollywood writers and idea men have struggled to gain protection for their entertainment treatments because their works are caught in the realm between unprotected ideas and fully protected expression. In addition to their failure to secure federal copyright protection for their treatments, idea men have also failed to obtain state law protection for their entertainment ideas, leaving them with virtually no legal recourse for idea theft. This comment proposes that Congress should create sui generis protection for ideas in the entertainment industry similar to the protections afforded under the Vessel Hull Design Protection Act.
Dubai's New Intellectual Property-Based Economy: Prospects For Development Without Dependency, 9 J. Marshall Rev. Intell. Prop. L. 84 (2009), Amir H. Khoury
Dubai's New Intellectual Property-Based Economy: Prospects For Development Without Dependency, 9 J. Marshall Rev. Intell. Prop. L. 84 (2009), Amir H. Khoury
UIC Review of Intellectual Property Law
The Emirate of Dubai has, as a result of deliberate policy actions, been able to reinvigorate, indeed to reinvent, its Intellectual Property Potential. That is to say Dubai has boosted its ability to be the originator (and creator) of intellectual property subject-matter, rather than merely a consumer thereof. Dubai has achieved the two conditions through which an intellectual property régime becomes a valuable national asset for a country with an initially low Intellectual Property Potential; namely a structured regulatory framework coupled with effective infrastructure- related action. Dubai's undertakings in the intellectual property sphere go to show that even a country …
Northern District Of Illinois Adopts Local Patent Rules, 9 J. Marshall Rev. Intell. Prop. L. 202 (2009), Edward D. Manzo, Matthew F. Kennelly
Northern District Of Illinois Adopts Local Patent Rules, 9 J. Marshall Rev. Intell. Prop. L. 202 (2009), Edward D. Manzo, Matthew F. Kennelly
UIC Review of Intellectual Property Law
The Northern District of Illinois took a proactive step in addressing procedural issues that commonly arise in patent litigation by enacting the Court’s Local Patent Rules. These Rules provide a uniform structure to pretrial procedures in patent cases involving claims of infringement, non-infringement, invalidity, or unenforceability of utility patents. The Rules will enable greater predictability and planning for the Court, counsel, and clients by requiring parties to indentify and focus upon outcome determinative or otherwise significant disputes. This article offers insight on the Rules from two members of the committee of district court judges and experienced lawyers that initially drafted …
“Pay-For-Delay” Settlements In Pharmaceutical Litigation: Drawing A Fine Line Between Patent Zone And Antitrust Zone, 9 J. Marshall Rev. Intell. Prop. L. 528 (2009), Yuki Onoe
UIC Review of Intellectual Property Law
Congress has identified the recent trend of pharmaceutical companies to settle patent litigation under “pay-for-delay” settlements or reverse payment settlements. Under these agreements, a generic maker receives a payment from a brand-name company in exchange for withdrawing the patent challenge and refraining from entering the market until an agreed date. Most courts have rejected antitrust challenges to this practice in view of exclusive rights of patent holders and general benefits from settlements. As part of the health care reform, Congress now proposes to treat “pay-for-delay” settlements as per se illegal and entirely ban the practice. The proposal, however, limits the …
Portable Learning For The 21st Century Law School: Designing A New Pedagogy For The Modern Global Context, 26 J. Marshall J. Computer & Info. L. 371 (2009), Catherine Dunham, Steven I. Friedland
Portable Learning For The 21st Century Law School: Designing A New Pedagogy For The Modern Global Context, 26 J. Marshall J. Computer & Info. L. 371 (2009), Catherine Dunham, Steven I. Friedland
UIC John Marshall Journal of Information Technology & Privacy Law
The authors argue that teaching can and should occur even after the fixed-location class has ended. The article suggests that a more portable learning environment would better match the changing world and make legal education more effective. While this notion is not revolutionary in many other educational contexts, it has not had much impact in legal education to date. Yet, with 21st century students ready and willing to receive portable education and the metacognition of learning supporting such venues, portability in legal education is primed for its moment. Additionally, the article points out that accepting portability merely as a part …
When Contract Negotiations No Longer Protect Your Business Interests: The Strange World Of Third Party Business Interests Under Freedom Of Information Legislation, 26 J. Marshall J. Computer & Info. L. 455 (2009), Emir Aly Crowne-Mohammed
When Contract Negotiations No Longer Protect Your Business Interests: The Strange World Of Third Party Business Interests Under Freedom Of Information Legislation, 26 J. Marshall J. Computer & Info. L. 455 (2009), Emir Aly Crowne-Mohammed
UIC John Marshall Journal of Information Technology & Privacy Law
Freedom of information legislation is designed to promote access to governmental information. The Freedom of Information and Protection of Privacy Act of British Columbia (“BC Act”) is no different. The BC Act views access to governmental information as promoting democracy, transparency, and citizenry, thereby making “public bodies more accountable to the public and…protect[ing] personal privacy by…giving the public a right of access to records” inter alia. The right to access governmental information, however, is not unfettered. There are certain protected instances where the public good may actually be harmed by undue access to governmental information such as policy recommendations developed …
The Challenge Of Internet Anonymity: Protecting John Doe On The Internet, 26 J. Marshall J. Computer & Info. L. 469 (2009), Susanna Moore
The Challenge Of Internet Anonymity: Protecting John Doe On The Internet, 26 J. Marshall J. Computer & Info. L. 469 (2009), Susanna Moore
UIC John Marshall Journal of Information Technology & Privacy Law
The article notes that the question of what tests courts should use in deciding whether to reveal the identities of anonymous Internet users is unsettled. Part II of the Article discusses the various tests courts have applied in determining whether the identity of an anonymous Internet user should be revealed—including a good-faith test, a summary judgment standard, and a balancing test. Part III analyzes the merits of each test. Finally, Part IV concludes by recommending the appropriate test courts should use in deciding whether to reveal the identities of anonymous Internet users.
Reflection On The Finality Of Panel's Decisions In Domain Name Dispute Resolution Process, With Reference To China's Practice, 26 J. Marshall J. Computer & Info. L. 395 (2009), Yun Zhao
UIC John Marshall Journal of Information Technology & Privacy Law
The article notes the importance of looking into the position of Chinese federal courts to deal with cases brought by losing parties against the panel decisions in the administrative arbitration procedure. The author notes that federal courts do not give much consideration to panel decisions. Other problems also tend to arise as to the legal effect of panel decisions. The paper examines these problems, with reference to China’s current court practice. Part II of the paper offers an overview of the Uniform Domain Name Dispute Resolution Policy (“UDRP”) process, and its rules regarding possible court proceedings. Part III examines China’s …
University Research Under Siege: How The War On Terror Has Placed Academic Freedom Under Fire, 26 J. Marshall J. Computer & Info. L. 547 (2009), James Templin
UIC John Marshall Journal of Information Technology & Privacy Law
The Comment analyzes the proposed revisions to United States export regulations contained in the Deemed Export Advisory Committee’s 2007 report. While the Advisory Committee’s work was much needed and its recommendations laudable, this comment discusses why its recommendations must be narrowly tailored in order to preserve the competitiveness of U.S. businesses and universities in the globalizing world and to advance national security. Part II explains the regulations that govern U.S. exports, including the deemed export regulatory regime and how those rules implement a range of national obligations and interests. This Part also discusses the events that threatened to significantly burden …
May An Employer Require Employees To Wear “Genes” In The Workplace? An Exploration Of Title Ii Of The Genetic Information Nondiscrimination Act Of 2008, 26 J. Marshall J. Computer & Info. L. 501 (2009), Erin Murphy Hillstrom
May An Employer Require Employees To Wear “Genes” In The Workplace? An Exploration Of Title Ii Of The Genetic Information Nondiscrimination Act Of 2008, 26 J. Marshall J. Computer & Info. L. 501 (2009), Erin Murphy Hillstrom
UIC John Marshall Journal of Information Technology & Privacy Law
The comment first provides a brief discussion of genetics and genetic testing. Section II provides a basic introduction to genetics, genetic testing, and genetic discrimination. Additionally, Section II provides a brief overview of current federal laws that address genetic discrimination in the workplace. Finally, Section II also examines the major employment provisions of the Genetic Information Nondiscrimination Act of 2008 ("GINA"). Section III of the comment examines whether there was a need for GINA, and argues that GINA will not have the full effect intended by Congress. The major sources of litigation under GINA are then reviewed based on the …
Tort Liability For Software Developers: A Law & Economics Perspective, 27 J. Marshall J. Computer & Info. L. 199 (2009), T. Randolph Beard, George S. Ford, Thomas M. Koutsky, Lawrence J. Spiwak
Tort Liability For Software Developers: A Law & Economics Perspective, 27 J. Marshall J. Computer & Info. L. 199 (2009), T. Randolph Beard, George S. Ford, Thomas M. Koutsky, Lawrence J. Spiwak
UIC John Marshall Journal of Information Technology & Privacy Law
This article explores the economic rationale for applying product liability law to computer software. As demonstrated in the article, a well-designed liability regime must place liability upon all parties who economically control the risks of accidents. Accordingly, this article finds that strict liability may be appropriate for certain types of “intrinsic” software, but not for other types of software requiring that the customer be actively involved in the selection, operation and maintenance thereof. The authors show that for this type of “extrinsic” software, a strict liability rule is unlikely to be economically optimal and, therefore, choosing a generic liability regime …