Law Commons^™

Polling Without Clickers, Debbie Ginsberg

Presentations

This tech demo provided an overview of options for polling without clickers, including Westlaw TWEN Instapoll, CALI Instapoll and Poll Everywhere.

Getting Started With Prezi, Debbie Ginsberg

Presentations

This tech demo provided an overview of Prezi, an alternative to PowerPoint which can be used to create dynamic presentations.

Chicago-Kent Magazine - Summer 2011, Iit Chicago-Kent College Of Law

Chicago-Kent Magazine

No abstract provided.

Vol. 28, No 3, Andrew Malahowski

The Illinois Public Employee Relations Report

Contents:

Health Care Reform: Implications for Collective Bargaining in the Public Sector, by Andrew Malahowski

Recent Developments

The Law School Educational Technologist Survey – 2 Years Later, Debbie Ginsberg

Presentations

Presentation from the Center for Computer-Assisted Legal Instruction 2011 Conference for Law School Computing

In the 2009 law school educational technology survey, we found that while law school educational technologists loved their jobs, the duties and expectations from school to school varied widely. In this session, we’ll explore whether, two years on, our job descriptions have become more standardized. What should law school faculty and staff expect when a law school hires an educational technologist?

We’ll also feature several current law school educational technologists who will showcase specialized projects and processes they’ve been able to bring to their law schools. …

Survey Says! Using Online Surveys To Get The Information And Resources You Need, Debbie Ginsberg

Presentations

Presentation from the Center for Computer-Assisted Legal Instruction 2011 Conference for Law School Computing

Online surveys are great tools for soliciting customer service feedback, establishing priorities, and researching technology trends. But does the world really need another “how well do you like us” form? (A: No.) With a little planning, well-structured questions, and a targeted audience, you can create effective surveys to collect vital data for your work and research.

In this session, Debbie Ginsberg demonstrated:

• Powerful but easy-to-use survey tools including Google Forms, SurveyMonkey, and Qualtrics
• Best practices for designing surveys and creating survey questions
• Ways to collect survey …

Medical Malpractice And Compensation In France, Part Ii: Compensation Based On National Solidarity, Geneviève Helleringer

Chicago-Kent Law Review

In France, distinctively from the compensation process by insurers of liable professionals, compensation of the victim will in certain cases such as medical hazards, hospital-acquired infections, blood-transfusion infections, result from a compensation scheme similar to that available for victims of terrorism and crimes. It is based on national solidarity and dispensed by the National Fund for Compensation of Medical Accidents (ONIAM). The growing importance of such a compensation scheme may appear to be a double-edged evolution. On one hand, it has improved the status of victims of medical harms; they are increasingly integrally compensated more quickly and under more flexible …

Table Of Contents - Issue 3, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Introduction, Ken Oliphant, Richard W. Wright

Chicago-Kent Law Review

No abstract provided.

Canadian Medical Malpractice Law In 2011: Missing The Mark On Patient Safety, Colleen M. Flood, Bryan Thomas

Chicago-Kent Law Review

This paper surveys the current state of medical malpractice law in Canada, along with current evidence on adverse events in Canadian hospitals, medical clinics, and long-term care facilities. Though there is currently no "burning platform" to reform Canadian medical malpractice law, the authors raise concerns about the law's failure to deter medical malpractice, as well as concerns about access to justice issues facing victims of medical malpractice. Federal and provincial governments have tried to promote patient safety through various prevention strategies—for example, through the creation of Health Quality Councils, the dissemination of information on best practices, and tighter regulation of …

Medical Malpractice And Compensation In France, Part I: The French Rules Of Medical Liability Since The Patients' Rights Law Of March 4, 2002, Florence G'Sell-Macrez

Chicago-Kent Law Review

While the French Law of medical malpractice had been mainly based on the Civil Code provisions related to contract law, the Patients Rights' Law of March 4, 2002 set forth general principles regarding the responsibility of health professionals and health institutions which are now in the Code of Public Health. The relatively new Law has modified the legal basis for medical liability, which is now regarded as a "legal regime" that is neither contractual nor tortious. The Patients' Rights Law of March 4, 2002 not only has reaffirmed the principle of fault-based liability in medical malpractice cases, but also allows …

Medical Malpractice And Compensation In South Africa, L. C. Coetzee, Pieter Carstens

Chicago-Kent Law Review

This article gives an overview of current medical malpractice law in South Africa. The following aspects are covered: The overall scheme for preventing and redressing medical errors and adverse events, including regulation, criminal and civil liability, and social and private insurance, and the relationships among these various systems; the details of the applicable liability and compensation systems, including criteria defining qualification for compensation, causation and "loss of chance," liability for failure to obtain informed consent, as well as matters of proof and gathering of evidence. The authors note the difficulty they had in obtaining empirical data on medical errors and …

The Story Of A Character: Establishing The Limits Of Independent Copyright Protection For Literary Characters, Samuel J. Coe

Chicago-Kent Law Review

Copyright law provides writers with a way to protect their original works of authorship, but courts often disagree over the scope of this protection and how far it can be extended for the fictional characters appearing within literary works. Characters like Holden Caulfield and James Bond have become extremely valuable forms of intellectual property, but even for such iconic figures it can be difficult to separate the character from the story to determine where one work ends and the other begins. To address this issue, the Second Circuit follows the "distinctly delineated" test, which asks whether a character has been …

The Spirit Of Nagpra: The Native American Graves Protection And Repatriation Act And The Regulation Of Culturally Unidentifiable Remains, Aaron H. Midler

Chicago-Kent Law Review

In March 2010, the U.S. Department of the Interior issued a final rule regarding the disposition of culturally unidentifiable human remains under the Native American Graves Protection and Repatriation Act (NAGPRA). The rule is controversial, as some commentators argue that the Secretary of the Interior lacks the authority under the statute to regulate these remains. This Note analyzes the legitimacy of the final rule in light of federal administrative law precedent as well as the origin and purpose of NAGPRA. It also discusses two well-known cases arising under the statute and the effect that the final rule will have on …

Medical Malpractice In Austria, Bernhard A. Koch

Chicago-Kent Law Review

This article presents the Austrian law governing compensation for medical malpractice in an overview. After a glimpse at the healthcare and social insurance system, the regulatory framework is outlined, with an obvious particular focus on tort and contract law. Apart from the special case where informed consent is lacking, the various elements of a claim that patients may have mirror the general requirements of tort and contract liability in Austria, which is why the brief sketch may also serve to give at least some basic insight into that part of the legal system in general. Furthermore, peculiar approaches in handling …

Markedly Low: An Argument To Raise The Burden Of Proof For Patent False Marking, Caroline Ayres Teichner

Chicago-Kent Law Review

The Federal Circuit's liberal treatment of the patent false-marking statute, 35 U.S.C. § 292, has created a climate in which opportunistic qui tam plaintiffs facing a low burden of proof can recover potentially enormous sums of money under the statute with no showing of competitive injury. This note argues that the Federal Circuit erred by ruling that plaintiffs must prove the key element of false-marking claims—namely, intent to deceive the public—by a mere preponderance of the evidence, and further contends that the court should have adopted the clear and convincing standard instead. Support for this elevated burden of proof can …

Medical Malpractice And Compensation In Germany, Marc S. Stauch

Chicago-Kent Law Review

This paper offers an overview of the rules under German law for securing accountability and redress in cases of medical injury. It is divided into three main parts. Part I looks at the various legal consequences that may apply in such circumstances, including criminal and professional liability of the doctor, the bases for a private law claim by the patient, and the existence of pockets of non-fault based liability for injury from medical products. Part II then considers in greater detail the elements to be satisfied in respect to the two key forms of private law malpractice claim, namely faulty …

Medical Malpractice And Compensation In Poland, Kinga Bączyk-Rozwadowska

Chicago-Kent Law Review

Civil liability for medical malpractice in Poland can be either contractual or tortious. In practice, provisions of ex delicto liability are applied. Since June 2010, liability insurance is obligatory for all health care providers that render medical services in Poland. Tortious liability may be attributed to a doctor or a hospital when either's faulty acts or omissions result in the damage. A hospital may also have vicarious liability for injuries caused by its doctors and other medical staff. Fault usually consists of negligence, which is defined as failure to work with due care and diligence while treating a patient. Burden …

Treatment Injury In New Zealand, Stephen Todd

Chicago-Kent Law Review

The New Zealand accident compensation scheme makes provision for the payment of compensation to the victims of personal injury that is caused by medical treatment, but at the same time it bars actions for damages based upon such injury. This article gives a brief overview of the scheme as a whole and its relation- ship with the common law, and then focuses on the particular provisions governing medical injury. It includes discussion of the extent of the statutory cover, problems of causation, the operation of the medical scheme in practice, costs and funding, and issues of accountability. It ends with …

Who Am I And Who Do You Want Me To Be? Effectively Defining A Lesbian, Gay, Bisexual, And Transgender Social Group In Asylum Applications, Keith Southam

Chicago-Kent Law Review

Asylum law provides an area within immigration law that is unexpectedly friendly to lesbians, gay men, bisexuals, and transgender persons. Persons who suffer persecution on account of "membership in a particular social group" are eligible to live and work in the United States. This encompasses lesbians, gay men, bisexuals, and transgender persons who suffer persecution. However, United States law does not clearly define applicable standards in this area. As a result, different adjudicators in the asylum process focus on different methodological approaches and sometimes inject bias into the process. In addition, because the terms "lesbian," "gay," "bisexual," and "transgender" are …

Table Of Contents, Seventh Circuit Review

Seventh Circuit Review

No abstract provided.

Preface, Tanya K. Solis

Seventh Circuit Review

No abstract provided.

Rule 44.1, Bodum Usa V. La Cafetiere, And The Challenge Of Determining Foreign Law, Philip D. Stacey

Seventh Circuit Review

More than ever, domestic courts are asked to resolve international disputes, often requiring domestic courts to analyze and apply foreign law. Federal Rule of Civil Procedure 44.1 sets the basic parameters for raising and determining foreign law issues in federal courts. In Bodum USA, Inc. v. La Cafetiere, Inc., the Seventh Circuit debated the propriety of relying on foreign law experts to aid the court in determining foreign law, even though Rule 44.1 specifically authorizes that practice. Two of the appellate judges argued that published materials such as treatises and foreign law translations were more reliable than expert testimony. …

Stuck In A Moment (Of Silence): The Seventh Circuit's Misapplication Of The Void For Vagueness Doctrine To The Illinois Silent Reflection And Student Prayer Act, Mary Ellen Vales

Seventh Circuit Review

In Sherman ex rel. Sherman v. Koch, the Seventh Circuit upheld the constitutionality of the Illinois Silent Reflection and Student Prayer Act, a statute that mandates a daily "brief period of silence" for reflection and prayer in Illinois public schools. Though the statute fails to define the meaning of a "brief period" and provides no mechanism for enforcement, the court found that the statute possessed sufficient certainty to pass constitutional muster. The void for vagueness doctrine states that a statute with vague language is unconstitutional under the Due Process Clause of the Fourteenth Amendment. While it is generally accepted …

No Shoes, No Service? Why Cybersquatting Has Outgrown The International Shoe Framework For Personal Jurisdiction, And The Need For Legislative Reform, Gregg M. Barbakoff

Seventh Circuit Review

For more than a decade, the federal judiciary has struggled to reconcile the conflict between the territorial restrictions of International Shoe's framework for personal jurisdiction and cybersquatting claims filed pursuant to the Anticybersquatting Consumer Protection Act (ACPA). The International Shoe framework conditions the exercise of personal jurisdiction on a geographic nexus between a nonresident defendant and the forum state. Logically, this rubric is at odds with cybersquatting--a form of trademark infringement entirely within the virtual confines of the Internet.

In uBID, Inc. v. GoDaddy Group, Inc., the Seventh Circuit upheld personal jurisdiction over a nonresident corporation accused of …

That's Not My Bag, Baby: The Seventh Circuit Tackles Fourth Amendment Standing In United States V. Carlisle, Mariana Karampelas

Seventh Circuit Review

In its recent decision in United States v. Carlisle, the Seventh Circuit made clear that challenging the constitutionality of a search is no easy task. Although the Fourth Amendment protects individuals from unreasonable government intrusion, defendants seeking to suppress evidence must first prove a reasonable expectation of privacy. This Note will use Carlisle as a basis of exploring the law of Fourth Amendment standing. This Note will argue that the Seventh Circuit applied a flawed test in evaluating a defendant's subjective expectation of privacy, but nevertheless arrived at a result supported by existing precedent. Finally, this Note will examine …

What You Need To Know About The Iit's Institutional Review Board, Debbie Ginsberg

Presentations

In this Brown Bag, Debbie Ginsberg presentede an overview of the IIT’s IRB procedures and training requirements. Professor David Schwartz described a typical submissions process.

Highlights From The Aba Techshow Expo, Debbie Ginsberg

Presentations

The ABA Tech Show Expo is a great place to learn about the latest trends in legal technology. In this Brown Bag, Debbie Ginsberg shared some favorite new technologies from the 2011 Expo, including tablet apps for trial presentations.

Reassessing The Citizen Virtues Of Homeownership, Stephanie M. Stern

All Faculty Scholarship

The assumption that homeownership creates more politically and civically engaged citizens who contribute to local communities (as well as national democracy) dominates property law. This belief underlies influential theories of property and land use and justifies housing policies promoting homeownership and expanding homeownership’s reach. This Essay challenges the “citizenship virtues” of homeownership and contends that the evidence reveals a far more modest, and particularized, picture of citizenship effects than commonly assumed. I explore psychological, historical, and economic factors that may underlie the variable citizenship effects from homeownership. Some of these factors elucidate not only why owners and tenants perform similarly …

Inside The Google Toolbox, Debbie Ginsberg

Presentations

This tech demo provided an overview of additional tools offered by Google in preparation for IIT's switch to Google for student email and calendars.