Law Commons^™

Written Testimony Of Professor Ralph Ruebner On House Bill 1507: Jury Trial In Parental Termination Cases, Illinois 93rd General Assembly (April 1, 2003), Ralph Ruebner

Court Documents and Proposed Legislation

No abstract provided.

Democracy, Judicial Review And The Rule Of Law In The Age Of Terrorism: The Experience Of Israel - A Comparative Perspective, 31 Ga. J. Int'l & Comp. L. 493 (2003), Ralph Ruebner

UIC Law Open Access Faculty Scholarship

No abstract provided.

Holding The United States Accountable For Environmental Damages Caused By The U.S. Military In The Philippines, A Plan For The Future, 4 Asian-Pac. L. & Pol'y J. 320 (2003), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

No abstract provided.

From Gibbons To Lopez: Does The Commerce Clause Remain A Viable Tool For Eliminating The Vestiges Of Slavery, 4 Barry L. Rev. 71 (2003), Linda R. Crane

UIC Law Open Access Faculty Scholarship

No abstract provided.

Asylum, Social Group Membership And The Non-State Actor: The Challenge Of Domestic Violence, 36 U. Mich. J.L. Reform 767 (2003), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

This Article argues that the current approaches to asylum claims based on "social group" membership under the U.N. convention Relation to the Status of Refugees are deeply flawed. The Refugee Convention confers asylum on persons persecuted for their membership in a particular social group. Courts have struggled with the boundaries of the social group definition, and there appears to be no coherent way to reconcile all of the court decisions on what groups qualify as social groups under the Refugee Convention.

This Article suggests that courts adopt a consistent definition of what constitutes a social group. The definition proposed in …

Mercy, Rehabilitation, And Quid Pro Quo: A Radical Reassessment Of Individual Bankruptcy, 64 Ohio St. L.J. 855 (2003), Jason Kilborn

UIC Law Open Access Faculty Scholarship

Chapter 7 "straight" bankruptcy discharge is a radical policy that has outlived its usefulness. This policy grants most individual debtors complete discharge of indebtedness from their creditors for little more than a filing fee. This article argues that straight bankruptcy should be abolished. In its place, individuals seeking debt relief should be required by statute to participate in a wage assignment plan for a limited period. In support of this argument the article challenges the three rationales for the validity of straight bankruptcy discharge: (1) the creditor-protection or "collection" rationale,; (2) the "mercy" rationale; and (3) the "rehabilitation" rationale. When …

What Is A Dean For, 35 U. Tol. L. Rev. 111 (2003), Robert G. Johnston

UIC Law Open Access Faculty Scholarship

No abstract provided.

Paddling Up The Wrong Stream: Why The Stream Of Commerce Theory Is Not Part Of The Minimum Contacts Doctrine, 55 Baylor L. Rev. 503 (2003), Diane S. Kaplan

UIC Law Open Access Faculty Scholarship

No abstract provided.

Past Cultural Achievement As A Future Technological Resource: Contradictions And Opportunities In The Intellectual Property Protection Of Chinese Medicine In China, 21 Ucla Pac. Basin L.J. 75 (2003), Benjamin Liu

UIC Law Open Access Faculty Scholarship

No abstract provided.

How Many Trades Must A Trader Make To Be In The Trading Business, 22 Va. Tax Rev. 395 (2003), Glenn P. Schwartz

UIC Law Open Access Faculty Scholarship

No abstract provided.

In The Racial Crosshairs: Reconsidering Racially Targeted Predatory Lending Under A New Theory Of Economic Hate Crime, 35 U. Tol. L. Rev. 211 (2003), Cecil J. Hunt Ii

UIC Law Open Access Faculty Scholarship

No abstract provided.

Pay It Forward: A Proactive Model To Resolving Construction Defects And Market Failure, 38 Val. U. L. Rev. 1 (2003), Debra Pogrund Stark, Andrew Cook

UIC Law Open Access Faculty Scholarship

No abstract provided.

Kimel And Garrett: Another Example Of The Court Undervaluing Individual Sovereignty And Settled Expectations, 76 Temp. L. Rev. 787 (2003), Julie M. Spanbauer

UIC Law Open Access Faculty Scholarship

No abstract provided.

Navigating The Bankruptcy Waters In A Domain Name Rowboat, 3 J. Marshall Rev. Intell. Prop. L. 61 (2003), Beverly A. Berneman

UIC Review of Intellectual Property Law

The combination of rapidly emerging technologies and changes in intellectual property and information technology law has resulted in new species of property and contract rights, such as Internet domain names. While some laws that were enacted before the rise of the Internet cannot be reconciled with the issues raised by domain names, the Bankruptcy Code appears to be equipped with the tools to handle most issues raised by this new species of property. This article discusses how domain names are treated during bankruptcy, how the Bankruptcy Code can be used to protect the function and value of a debtor's domain …

Lessons In Leadership, 33 Stetson L. Rev. 29 (2003), Darby Dickerson

UIC Law Open Access Faculty Scholarship

No abstract provided.

Motion Of The Fair Housing Center Of Metropolitan Detroit For Leave To File Brief Amicus Curiae And Brief Amicus Curiae In Support Of Petitioners, Paschal V. Flagstar Bank, Fsb, 537 U.S. 1227 (Supreme Court Of The United States Of America 2003) (No. 02-961), Michael P. Seng, John Marshall Law School Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.

Complaint, Gilbert V. Thorndale Beach North Condominium Assoc., Docket No. 1:03-Cv-07844 (Northern District Of Illinois Nov 04, 2003), F. Willis Caruso, J. Damian Ortiz, John Marshall Law School Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.

Where's The Beef? Dissecting Spam's Purported Harms, 22 J. Marshall J. Computer & Info. L. 13 (2003), Eric Goldman

UIC John Marshall Journal of Information Technology & Privacy Law

This article seeks to identify areas that truly require legislative intervention by examining the harms purportedly caused by spam. Identifying exactly what constitutes spam is an imprecise task since one e-mail may be junk to one and an important e-mail to another. The article attempts to analyze why consumers feel strongly against spam. This reaction is compared to consumers’ comparatively tolerant reaction to other unwanted advertisement in different mediums, such as billboards or magazine advertisements. Several factors are considered, such as the waste of time associated with sorting spam, the loss of consumers’ control over their in-boxes, and the annoyance …

Spam Legislation In The United States, 22 J. Marshall J. Computer & Info. L. 3 (2003), David E. Sorkin

UIC John Marshall Journal of Information Technology & Privacy Law

This article examines the effect of spam legislation in the United States. It discusses state legislation and the common provisions of state spam legislation, such as disclosure and labeling requirements and opt-out provisions. It also analyzes the consequences of state anti-spam legislation. Federal legislation is analyzed, with a brief look at the CAN-SPAM Act of 2003. The article concludes that legislation has not had a big impact on spam, and the CAN-SPAM Act is not likely to change or curb spam.

The Do-Not-Call Registry Model Is Not The Answer To Spam, 22 J. Marshall J. Computer & Info. L. 79 (2003), Richard C. Balough

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses why a system to combat unwanted Internet spam, or junk e-mail, should not be modeled after the Do-Not-Call registry developed to curtail telemarketing phone calls. The Do-Not-Call registry is an "opt-out" system where consumers must place their phone numbers on a list that designates them as consumers unwilling to accept telemarketing calls. In the Internet spam context, this article argues that to force Internet users to place their e-mail addresses on a similar do-not-spam list could lead to potential problems. For example, if a would-be spammer was to get a hold of that list, she or he …

After Can-Spam, How States Can Stay Relevant In The Fight Against Unwanted Messages:How A Children's Protection Registry Can Be Effective And Is Not Preempted, Under The New Federal Anti-Spam Law, 22 J. Marshall J. Computer & Info. L. 29 (2003), Matthew B. Prince

UIC John Marshall Journal of Information Technology & Privacy Law

The recipe for success to combat unsolicited and unwanted e-mail, otherwise known as spam, has not yet been formulated by the thirty-six states that have tried by enacting their own versions of anti-spam laws. Only two state prosecutions were ever successfully brought against spammers, and only one was able to enforce its law against an out-of-state spammer. Now, on the federal level, with the passing of the CAN-SPAM act, which essentially rehashes what states have attempted to do, the failure to provide any significant measure of national success against spam seems likely. However, a careful reading of the language of …

Spamming For Legal Services: A Constitutional Right Within A Regulatory Quagmire, 22 J. Marshall J. Computer & Info. L. 97 (2003), William E. Hornsby, Jr.

UIC John Marshall Journal of Information Technology & Privacy Law

This article addresses the regulatory schemes applied to lawyers who advertise their legal services to consumers through electronic communications. Concerns have arisen about lawyers using electronic communications to offer their services to their targeted communities. Since the Supreme Court’s 1977 decision in Bates, lawyers have been able to advertise their services without state permission. However, states have imposed ethical regulations in an effort to ensure that lawyers do not over reach their boundaries during such advertising efforts. The question is raised as to whether states’ spam rules also apply to lawyers who choose to advertise over the Internet. This article …

Vendor Liability For Advertising In Unsolicited Commercial E-Mail, 22 J. Marshall J. Computer & Info. L. 137 (2003), Anne P. Mitchell

UIC John Marshall Journal of Information Technology & Privacy Law

This article discusses whether vendors should be held liable for spam. Vendors are those companies whose products or services are being peddled in spam advertising. Yet, vendors disclaim responsibility for the issuance of spam because they were not the ones who actually sent the spam in the first place. This article takes the stance that because vendors contribute and or benefit from the wrongful acts of the actual spammers, vendors should not be able to escape liability by blaming the primary actors, the spammers. Further, if vendors were to be held liable for spam, they would be an easier entity …

Spam And Beyond: Freedom, Efficiency, And The Regulation Of E-Mail Advertising, 22 J. Marshall J. Computer & Info. L. 141 (2003), Richard Warner

UIC John Marshall Journal of Information Technology & Privacy Law

Traditional forms of mailing advertisers bear the full cost of delivering advertisements to consumers. However, this is not true in the form of all e-mail advertisement, spam or not. E-mail users subsidize part of any e-mail advertisement, thereby splitting costs between advertiser and the consumer who receives the e-mail advertisement. This article takes the position that the subsidization that occurs in e-mail advertisement should be eliminated because it unjustifiably violates individual freedom. The article discusses why the delivery charges between sender and recipient are divided, why such cost-division violates freedom, and whether the violation is justified. The article also defines …

Intel V. Hamidi: Spam As A Trespass To Chattels - Deconstruction Of A Private Right Of Action In California, 22 J. Marshall J. Computer & Info. L. 205 (2003), J. Brian Beckham

UIC John Marshall Journal of Information Technology & Privacy Law

This casenote analyzes and critiques the decision reached by the California Supreme Court in Intel v. Hamidi. Intel v. Hamidi runs contrary to other cases that have found a cause of action for trespass to chattels where harm was caused by unwanted electronic communications: Thrifty-Tel, Inc. v. Benezek, eBay v. Bidder’s Edge, and CompuServe v. Cyber Promotions. The California Supreme Court in Intel v. Hamidi suggested other causes of action Intel could have brought instead of trespass to chattels. The casenote looks at each proffered alternative and concludes that none of the alternatives were feasible and that Intel should have …

Wireless Spam This Way Comes: An Analysis Of The Spread Of Wireless Spam And The Present And Proposed Measures Taken To Stop It, 22 J. Marshall J. Computer & Info. L. 229 (2003), Bridget O'Neill

UIC John Marshall Journal of Information Technology & Privacy Law

Spam in the form of unsolicited unwanted e-mail is already a recognized concern in the United States. However, a different type of spam, wireless spam, is starting to make its way to the United States. Wireless spam targets items cell phones with text messaging capabilities, pagers, and personal digital assistants (PDAs). These devices tend to be heavily relied on by their respective owners who bring these devices wherever they go, so to receive wireless spam represents a greater level of privacy intrusion. This article analyzes the various legislative measures that have been considered to regulate spam. It recognizes that most …

A Further Darkside To Unsolicited Commercial E-Mail? An Assessment Of Potential Employer Liability For Spam E-Mail, 22 J. Marshall J. Computer & Info. L. 179 (2003), Ben Dahl

UIC John Marshall Journal of Information Technology & Privacy Law

This article looks at employer liability for pornographic spam in the workplace. It begins with an analysis of the risks and unique problems posed by employees’ Internet use while at work. The article makes note of some trouble areas where employers may be held vicariously liable for sexual harassment. It is suggested that employers protect themselves by taking steps to: 1) reduce the prevalence of unsolicited commercial e-mail in the workplace; 2) mute the potential harm of offensive e-mail; and 3) create a paper trail indicating diligence in the fight to protect employees. Employers may reach these goals by the …

2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 22 J. Marshall J. Computer & Info. L. 301 (2003), Daniel Crespo, Ryan Levine, Brian Walters

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 22 J. Marshall J. Computer & Info. L. 261 (2003), Abby K. Lill, Leopold E. Wetula, Nathan J. Wills

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

2003 John Marshall International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 22 J. Marshall J. Computer & Info. L. 247 (2003), Terry Fernbach

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.