Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (25)
- Legal Education (23)
- Legal History (18)
- Arts and Humanities (14)
- History (14)
-
- Legal (14)
- Supreme Court of the United States (11)
- Legal Profession (10)
- Labor and Employment Law (8)
- Law and Economics (6)
- Law and Politics (5)
- Criminal Law (4)
- International Trade Law (4)
- Securities Law (4)
- Comparative and Foreign Law (3)
- Law and Psychology (3)
- Property Law and Real Estate (3)
- Banking and Finance Law (2)
- Computer Law (2)
- Constitutional Law (2)
- Contracts (2)
- Criminal Procedure (2)
- International Law (2)
- Judges (2)
- Legal Ethics and Professional Responsibility (2)
- Social and Behavioral Sciences (2)
- Accounting (1)
- Administrative Law (1)
- Antitrust and Trade Regulation (1)
- Keyword
-
- 125th anniversary (14)
- Chicago-kent (14)
- Legal education (10)
- Access to Justice (9)
- Patents (8)
-
- Supreme Court of the United States (8)
- A2J (7)
- Copyright (5)
- Curriculum (5)
- Judicial legitimacy (5)
- Law school (5)
- Intellectual property (4)
- Law (4)
- Antitrust (3)
- International Law (3)
- Law and Technology (3)
- Legal aid (3)
- Louis jackson national student writing competition (3)
- Affordable Care Act (2)
- Cameras in courtrooms (2)
- Canada (2)
- Chicago-Kent history (2)
- Computer Law (2)
- Constitutional Law (2)
- Constitutional law (2)
- Contracts (2)
- Copyright infringement (2)
- Digital Millennium Copyright Act (2)
- Federal Circuit (2)
- First Amendment (2)
- Publication
-
- Chicago-Kent Law Review (32)
- All Faculty Scholarship (23)
- Chicago-Kent Journal of Intellectual Property (22)
- Seventh Circuit Review (17)
- 125th Anniversary Materials (15)
-
- Chicago-Kent Journal of International and Comparative Law (14)
- Presentations (13)
- The Illinois Public Employee Relations Report (4)
- Louis Jackson National Student Writing Competition (3)
- Todd Haugh (2)
- Chicago-Kent Magazine (1)
- Dean's Reports (1)
- Faculty Perspectives (1)
- Michal Pekala (1)
- Sylvia B. St. Clair (1)
- Valerie Gutmann Koch (1)
- Publication Type
Articles 1 - 30 of 151
Full-Text Articles in Law
Escaping Entity-Centrism In Financial Services Regulation, Anita Krug
Escaping Entity-Centrism In Financial Services Regulation, Anita Krug
All Faculty Scholarship
In the ongoing discussions about financial services regulation, one critically important topic has not been recognized, let alone addressed. That topic is what this Article calls the “entity-centrism” of financial services regulation. Laws and rules are entity-centric when they assume that a financial services firm is a stand-alone entity, operating separately from and independently of any other entity. They are entitycentric, therefore, when the specific requirements and obligations they comprise are addressed only to an abstract and solitary “firm,” with little or no contemplation of affiliates, parent companies, subsidiaries, or multi-entity enterprises. Regulatory entity-centrism is not an isolated phenomenon, as …
Hands On With Tablets, Debbie Ginsberg
Hands On With Tablets, Debbie Ginsberg
Presentations
This Brown Bag compared the iPad Air, the Microsoft Surface 2, and the Samsung Galaxy Tab (Android). Faculty were invited to try tablets hands on.
125 Alumni Of Distinction Dinner: List Of Honorees, Iit Chicago-Kent College Of Law
125 Alumni Of Distinction Dinner: List Of Honorees, Iit Chicago-Kent College Of Law
125th Anniversary Materials
List of 125 Chicago-Kent alumni honored at the Alumni of Distinction Dinner on November 21, 2013.
Scholarly Commons, Jona Whipple
Scholarly Commons, Jona Whipple
Presentations
Digital Resources Librarian Jona Whipple introduced Scholarly Commons , gave an overview of its purpose, and looked at its progress.
Chicago-Kent Magazine - Fall 2013, Iit Chicago-Kent College Of Law
Chicago-Kent Magazine - Fall 2013, Iit Chicago-Kent College Of Law
Chicago-Kent Magazine
No abstract provided.
Collective Representation And Employee Voice In The U.S. Public Sector Workplace: Looking North For Solutions?, Martin H. Malin
Collective Representation And Employee Voice In The U.S. Public Sector Workplace: Looking North For Solutions?, Martin H. Malin
All Faculty Scholarship
Legislation enacted in many states following the 2010 elections in the United States strengthened unilateral public employer control and weakened employee voice. This rebalancing of power occurred in the context of state public employee labour relations acts modeled on the National Labor Relations Act (NLRA), but with a narrower scope of bargaining than in the private sector. This narrow scope channels unions’ voice away from the quality of public services and towards protecting members from the effects of decisions unilaterally imposed by management. The Supreme Court of Canada has held that the freedom of association guaranteed by the Charter of …
Vol. 30, No. 4, Gilbert A. Cornfield
Vol. 30, No. 4, Gilbert A. Cornfield
The Illinois Public Employee Relations Report
Contents:
The Scope of Judicial Review of Public Sector Arbitration Awards, by Gilbert A. Cornfield
Recent Developments
Faculty Perspectives - Fall 2013, Iit Chicago-Kent College Of Law
Faculty Perspectives - Fall 2013, Iit Chicago-Kent College Of Law
Faculty Perspectives
This is the inaugural edition of Faculty Perspectives, a publication that highlights new faculty scholarship at IIT Chicago-Kent College of Law. This issue features four excerpts from recent or forthcoming faculty articles and books.
Mobile Update, Debbie Ginsberg
Mobile Update, Debbie Ginsberg
Presentations
Looking for great new apps for your phone or tablet? In this Brown Bag, Debbie Ginsberg discussed favorite apps for research and productivity. She also discussed the new iOS 7 and new Apple and Android smart phones.
Powerpoint And Prezi Tips & Tricks, Debbie Ginsberg
Powerpoint And Prezi Tips & Tricks, Debbie Ginsberg
Presentations
In this Brown Bag, advanced tools in PowerPoint such as SmartArt and Presenter Mode were discussed, and new features in Prezi, a popular online alternative to PowerPoint, were reviewed.
Table Of Contents, Seventh Circuit Review
Table Of Contents, Seventh Circuit Review
Seventh Circuit Review
No abstract provided.
Expanding The Scope Of The Federal Arbitration Act: An Examination Of The Seventh Circuit's Opinion In Green V. U.S. Cash Advance, Illinois, Llc, Christine L. Milkowski
Expanding The Scope Of The Federal Arbitration Act: An Examination Of The Seventh Circuit's Opinion In Green V. U.S. Cash Advance, Illinois, Llc, Christine L. Milkowski
Seventh Circuit Review
The Roberts Court's expansive interpretation of the Federal Arbitration Act (FAA) has ushered in a new era of pro-arbitration jurisprudence, allowing lower courts to categorically enforce arbitration agreements. Underlying this zealous application is Section 2 of the FAA, which states that arbitration agreements are "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of a contract."
In Green v. U.S. Cash Advance, Illinois, LLC, the Seventh Circuit enforced an arbitration agreement between a consumer and payday lender, despite the fact that the named arbitration forum had been unavailable since the …
Distinguishing The Corporal From The Divine: Legal Fictions Create Bodies Not Souls, Daisy Ayllon
Distinguishing The Corporal From The Divine: Legal Fictions Create Bodies Not Souls, Daisy Ayllon
Seventh Circuit Review
Can a for-profit, secular corporation exercise religion? If so, does the Affordable Care Act's requirement that employer-provided health insurance plans offer women of reproductive age contraceptives violate free exercise rights?
Plaintiffs challenging the "contraceptive mandate," as it is commonly known, argue that it violates their rights under the Religious Freedom Restoration Act (RFRA) because it imposes a substantial burden on their religious exercise without meeting strict scrutiny. Although these challenges do present courts with a novel issue (whether a secular, for-profit corporation is a "person" capable of "exercising religion"), the answer to the broader question should be clear: requiring corporate-provided …
A Sight For Sore Eyes: The Seventh Circuit Correctly Interprets Section 12 Of The Clayton Act, Ryan Moore
A Sight For Sore Eyes: The Seventh Circuit Correctly Interprets Section 12 Of The Clayton Act, Ryan Moore
Seventh Circuit Review
In order to hail a defendant into federal court, a plaintiff must establish personal jurisdiction and venue. Under general principles of federal law, personal jurisdiction is proper whenever the defendant would be amenable to suit under the laws of the state in which the federal court sits. And venue is proper in any district where the defendant "resides" (i.e., is subject to personal jurisdiction). Section 12 of the Clayton Act, however, supplements these general principles. It has a liberal service-of-process provision that allows personal jurisdiction in any federal district court in the nation. But venue is proper only in the …
Honor Thy Father And Thy Mother: Religious Accommodation Under Title Vii In Adeyeye V. Heartland Sweeteners, Llc, Zeke Katz
Seventh Circuit Review
Title VII of the Civil Rights Act provides that an employer must reasonably accommodate an employee's request for a leave of absence due to a religious observance or practice, as long as that accommodation does not present an undue hardship for the employer. The amendments to Title VII, and the Guidelines issued by the Equal Opportunity Employment Commission in response to Title VII, reveal a trend towards a broad interpretation of religious accommodation in the workplace. The Seventh Circuit Court of Appeals continued and exemplified this trend in Adeyeye v. Heartland Sweeteners, LLC.
In Adeyeye, where an employee …
Chain Gang: Examining The Seventh Circuit's "Chain Of Distribution Test" When Applying Minimum Sentences For Drug-Related Deaths, David Starshak
Chain Gang: Examining The Seventh Circuit's "Chain Of Distribution Test" When Applying Minimum Sentences For Drug-Related Deaths, David Starshak
Seventh Circuit Review
If a person dies or is seriously injured after using illegal drugs, the person who sold them the drugs is subject to mandatory minimum sentences under 21 U.S.C. § 841(b). But what happens when the person who sold the drug is a member of a drug distribution conspiracy? How can the courts go after the other members of that organization?
The Seventh Circuit answered these questions in United States v. Walker, when it held that other members of the conspiracy could also be subject to § 841(b)'s minimum sentences as long as they were within the "chain of distribution" …
Gender Plus One: Broadening Judicial Interpretation Of Gender-Based Social Group Formulations, Andrea Coutu
Gender Plus One: Broadening Judicial Interpretation Of Gender-Based Social Group Formulations, Andrea Coutu
Seventh Circuit Review
Individuals seeking asylum must prove past persecution or a well-founded fear of persecution on account of one of five protected grounds, one ground being membership in a particular social group. In Matter of Acosta, the Board of Immigration Appeals defined a social group as a group of persons who share an immutable characteristic, meaning a characteristic that is either unchangeable or fundamental to one's identity or conscience such that the person should not be required to change. Despite listing sex as an immutable characteristic in Acosta, courts are reluctant to accept social group formulations based on gender alone. …
Your Call Is Now Being Monitored: Should Municipalities Be Liable For Unauthorized Wiretapping?, Mckenna M. Prohov
Your Call Is Now Being Monitored: Should Municipalities Be Liable For Unauthorized Wiretapping?, Mckenna M. Prohov
Seventh Circuit Review
In Seitz v. City of Elgin, the Seventh Circuit ruled that the Federal Wire Tapping Act (FWA) does not authorize a civil lawsuit against a municipality for intentionally disclosing or using electronic communications. While amendments to the FWA have expanded the potential scope of liability to reach municipalities, the court said in an opinion by Judge Joel M. Flaum that they did so only as a means of vindicating rights stated elsewhere in the Act. The decision created a circuit split, because the Sixth Circuit previously found that the FWA amendments brought municipalities within the potential ambit of liability. …
Advantageous Attacks: The Role Of Advantage In Targeting People Under The Law Of Armed Conflict, Krista Nelson
Advantageous Attacks: The Role Of Advantage In Targeting People Under The Law Of Armed Conflict, Krista Nelson
Chicago-Kent Journal of International and Comparative Law
No abstract provided.
How To Really Engage Iran: A Proposal, Amit K. Chhabra
How To Really Engage Iran: A Proposal, Amit K. Chhabra
Chicago-Kent Journal of International and Comparative Law
No abstract provided.
Toward A New Human Rights Paradigm: Integrating Hitherto Neglected Traditional Values Into The Corpus Of Human Rights And The Legitimacy Question, Obiajulu Nnamuchi
Toward A New Human Rights Paradigm: Integrating Hitherto Neglected Traditional Values Into The Corpus Of Human Rights And The Legitimacy Question, Obiajulu Nnamuchi
Chicago-Kent Journal of International and Comparative Law
No abstract provided.
Child Soldiers To War Criminals: Trauma And The Case For Personal Mitigation, Lucia H. Seyfarth
Child Soldiers To War Criminals: Trauma And The Case For Personal Mitigation, Lucia H. Seyfarth
Chicago-Kent Journal of International and Comparative Law
No abstract provided.
The International Criminal Court, The United States, And The Domestic Armed Conflict In Syria, Eric Engle
The International Criminal Court, The United States, And The Domestic Armed Conflict In Syria, Eric Engle
Chicago-Kent Journal of International and Comparative Law
No abstract provided.
Keynote Address: Is It Time To Abolish The Federal Circuit's Exclusive Jurisdiction In Patent Cases?, Diane P. Wood
Keynote Address: Is It Time To Abolish The Federal Circuit's Exclusive Jurisdiction In Patent Cases?, Diane P. Wood
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Open Innovation In Plant Genetic Resources For Food And Agriculture, Chidi Oguamanam
Open Innovation In Plant Genetic Resources For Food And Agriculture, Chidi Oguamanam
Chicago-Kent Journal of Intellectual Property
Contemporary global order for the promotion of innovation exaggerates the role of intellectual property (IP) as a closed proprietary model of knowledge production and protection. Partly as a boomerang effect of that order or partly as a coincidence of the phenomenal rise in the information and communication technologies or both, there has been increased gravitation toward open, collaborative, shared, communal and interdependent models of innovation. This trend is typified by the rise of open software movement and cognate endeavours. The article attempts to transpose the open innovation dynamic to the context of plant genetic resources for food and agriculture (PGFA); …
Litigating Inequitable Conduct After Therasense, Exerge, And The Aia: Lessons For Litigants, Options For Owners, Lisa A. Dolak
Litigating Inequitable Conduct After Therasense, Exerge, And The Aia: Lessons For Litigants, Options For Owners, Lisa A. Dolak
Chicago-Kent Journal of Intellectual Property
Significant recent judicial and legislative developments have changed the way litigants and counsel need to plan for and litigate inequitable conduct allegations. Exergen and Therasense have heightened the standards for pleading and proving inequitable conduct, respectively, and Congress has expanded the patentee’s post-grant options for preempting or defeating inequitable conduct challenges. Without a doubt, the inequitable conduct litigation landscape has changed. Careful, thorough consideration of all of these developments and their implications is a must for any litigant or counsel faced with or considering asserting a charge of inequitable conduct. This paper discusses these significant recent inequitable conduct-related developments and …
Not All Patents Are Created Equal: Bias Against Predictable Arts Patents In The Post-Ksr Landscape, David Tseng
Not All Patents Are Created Equal: Bias Against Predictable Arts Patents In The Post-Ksr Landscape, David Tseng
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Canada's Inadequate Legal Protection Against Industrial Espionage, Emir Crowne, Tasha De Freitas
Canada's Inadequate Legal Protection Against Industrial Espionage, Emir Crowne, Tasha De Freitas
Chicago-Kent Journal of Intellectual Property
Canadian law provides little protection for individuals and corporations against industrial espionage. Akin to the United States' Economic Espionage Act of 1996-with its broad definition of "trade secret" and accompanying protections and remedies-we propose that Canada enact legislation at the federal level to remedy many of the deficiencies that arise in bringing a claim under the usual breach of confidence action.
All Together Now: The Family Of Marks Doctrine In The Era Of Apple, Inc., Austin Berger
All Together Now: The Family Of Marks Doctrine In The Era Of Apple, Inc., Austin Berger
Chicago-Kent Journal of Intellectual Property
While a significant doctrine within common law trademark, the family of marks doctrine has not been utilized by as many dominant corporations within the fifty years since its creation as one might expect. This may be because the doctrine and its analysis remains rather opaque with little substantive legal research devoted to its history and framework and with a pastiche of case law that, on first blush, fails to signal a clear, uniform approach among the circuits. The doctrine itself, however, has been a deft tool in the hands of certain corporations who have used it to protect the prized …
Rebuttable Presumption Of Public Interest In Protecting The Public Health --The Necessity For Denying Injunctive Relief In Medically-Related Patent Infringement Cases After Ebay V. Mercexchange, Lance Wyatt
Chicago-Kent Journal of Intellectual Property
The public’s interest in medicine and good health is substantial. However, this interest is harmed when important medical devices or pharmaceuticals, although infringing on valid patents, are suddenly taken off the market after a court grants a permanent injunction. While permanent injunctions were automatically granted by the Federal Circuit before the Supreme Court’s holding in eBay v. MercExchange, courts now have more discretion to deny injunctive relief. Now that courts have this newfound discretion after eBay, the public should no longer expect to be harmed by the sudden removal of medical supplies. Unfortunately, this has not been the course that …