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Full-Text Articles in Law

Course Web Sites - Getting Ready For Fall 2009, Debbie Ginsberg Jun 2009

Course Web Sites - Getting Ready For Fall 2009, Debbie Ginsberg

Presentations

Debbie Ginsberg provides an overview of the latest course website features.


Data Devolution: Corporate Information Security, Consumers, And Future Of Regulation, Andrea M. Matwyshyn Jun 2009

Data Devolution: Corporate Information Security, Consumers, And Future Of Regulation, Andrea M. Matwyshyn

Chicago-Kent Law Review

No abstract provided.


Trade Secrets, Data Security And Employees, Elizabeth Rowe Jun 2009

Trade Secrets, Data Security And Employees, Elizabeth Rowe

Chicago-Kent Law Review

This essay argues that data security is important to the protection of trade secret information, and that trusted employees on the inside pose the biggest threat to the protection of trade secrets. While investments in technical measures such as firewalls and encryption are important, it is also necessary for companies to consider the internal threats from employees when creating corporate security programs. Ultimately, a more comprehensive approach that includes technical and human elements, as well as consideration of inside and outside threats is likely to be more effective in the battle to secure data.


Patenting Cryptographic Technology, Greg Vetter Jun 2009

Patenting Cryptographic Technology, Greg Vetter

Chicago-Kent Law Review

The policy concerns intersecting patent law and cryptographic technology relate to the technology's beneficial uses in securing information in a commercial and social fabric that increasingly relies on computing and electronic communications for its makeup. The presence of patenting in a technology can impact diffusion of interoperable technology. Standardized embeddable cryptography facilitates its supply. Patent law for several decades has waxed and waned in its embrace of software implemented inventions rooted in abstract ideas such as the mathematics and mathematical algorithms underlying modern cryptography. This article documents the growth of cryptographic patenting. Then, in light of this growth and patent …


The Political Economy Of Data Protection, Peter K. Yu Jun 2009

The Political Economy Of Data Protection, Peter K. Yu

Chicago-Kent Law Review

Information is the lifeblood of a knowledge-based economy. The control of data and the ability to translate them into meaningful information is indispensable to businesspeople, policymakers, scientists, engineers, researchers, students, and consumers. Having useful, and at times exclusive, information improves productivity, advances education and training, and helps create a more informed citizenry. In the past two decades, those who collected or obtained access to a large amount of data began to explore ways to use the collected data as an income stream. Because the then-existing laws did not offer adequate protection for that particular purpose, they actively lobbied for stronger …


Returning To A Principled Basis For Data Protection, Gus Hosein Jun 2009

Returning To A Principled Basis For Data Protection, Gus Hosein

Chicago-Kent Law Review

Society must remain conscious of both pragmatic and principle-based rationales for information security rules. The identity card debate in the United Kingdom provides an example of exactly why a governmental information security approach that is sensitive to civil liberties would be the best approach to data protection. In contrast, we should be cautious of a balancing test that places security in parity with civil liberties and, therefore, erroneously allows pragmatism to triumph over principle.


The Duty Of Care And The Data Control Systems In The Wake Of Sarbanes-Oxley, Michael R. Siebecker Jun 2009

The Duty Of Care And The Data Control Systems In The Wake Of Sarbanes-Oxley, Michael R. Siebecker

Chicago-Kent Law Review

The essay examines the wisdom of exempting small public companies from Section 404 of the Sarbanes-Oxley Act of 2002 (SOX), which requires companies to provide management assessment and external auditing of a company's internal control systems over financial data. In particular, the essay questions whether a fiduciary duty of care might require officers and directors to adopt internal control systems, perhaps substantially similar to those envisioned by SOX, even if small public companies were exempt from the ambit of the statute.


Reasons Why We Should Amend The Constitution To Protect Privacy, Deborah Pierce Jun 2009

Reasons Why We Should Amend The Constitution To Protect Privacy, Deborah Pierce

Chicago-Kent Law Review

Threats to consumer privacy are many, and varied. Some threats come from corporate entities such as data aggregators and social networking sites; while others come from panoptics government surveillance systems such as Secure Flight. Not only can the data be compromised, but consumers may be adversely affected by incorrect information in their files. The time may be right to explicitly protect privacy via a constitutional amendment to the U.S. Constitution.


Development Of Ectogenesis: How Will Artificial Wombs Affect The Legal Status Of A Fetus Or Embryo?, Jessica H. Schultz Jun 2009

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 …


Willful Patent Infringement After In Re Seagate: Just What Is "Objectively Reckless" Infringement?, Randy R. Micheletti Jun 2009

Willful Patent Infringement After In Re Seagate: Just What Is "Objectively Reckless" Infringement?, Randy R. Micheletti

Chicago-Kent Law Review

Recently the United States Court of Appeals for the Federal Circuit dramatically change the rules for proving willful patent infringement—and justifying enhanced damages—in In re Seagate Technology. A patentee alleging willful infringement must now first prove "by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent." He must then show that the objectively defined risk was "either known or so obvious that it should have been known to the accused infringer." The court expressly delegated substantive development of the new test to future cases. Because district …


At A Cross-Road: Anti-Same-Sex Marriage Policies And Principles Of Equity: The Effect Of Same-Sex Cohabitation On Alimony Payments To An Ex-Spouse, Jill Bornstein Jun 2009

At A Cross-Road: Anti-Same-Sex Marriage Policies And Principles Of Equity: The Effect Of Same-Sex Cohabitation On Alimony Payments To An Ex-Spouse, Jill Bornstein

Chicago-Kent Law Review

In the wake of anti-gay marriage policies in the United States, courts and state legislature alike are struggling to reconcile these policies with well-established principles of equity in the law. This note examines states' anti-same-sex marriage policies as they relate to the states' respective policies regarding alimony termination. Generally, upon divorce, the dependent spouse from a dissolving marriage will receive alimony payments from the independent spouse until the death or remarriage of the dependent spouse. Many states have expanded the definition of "remarriage" to include a dependent spouse's cohabitation with another individual in a financially interdependent, conjugal relationship. Terminating alimony …


Optimal Hackback, Jay P. Kesan, Ruperto Majuca Jun 2009

Optimal Hackback, Jay P. Kesan, Ruperto Majuca

Chicago-Kent Law Review

Professor Jay Kesan from the University of Illinois College of Law, in joint work with Ruperto Majuca of the University of Illinois Department of Economics, argue in favor of legal rules that allow "hacking [data] back" in certain business circumstances. They analyze the strategic interaction between the hacker and the attacked company or individual and conclude that neither total prohibition nor unrestrained permission of hack-back is optimal. Instead, they argue that when other alternatives such as criminal enforcement and litigation are ineffective, self-defense is the best response to cybercrime because there is a high likelihood of correctly attacking the criminal, …


Coding Privacy, Lilian Edwards Jun 2009

Coding Privacy, Lilian Edwards

Chicago-Kent Law Review

Lawrence Lessig famously and usefully argues that cyberspace is regulated not just by law but also by norms, markets and architecture or "code." His insightful work might also lead the unwary to conclude, however, that code is inherently anti-privacy, and thus that an increasingly digital world must therefore also be increasingly devoid of privacy. This paper argues briefly that since technology is a neutral tool, code can be designed as much to fight for privacy as against it, and that what matters now is to look at what incentivizes the creation of pro- rather than anti-privacy code in the mainstream …


Peer-To-Peering Beyond The Horizon: Can A P2p Network Avoid Liability By Adapting Its Technological Structure?, Matthew G. Minder Jun 2009

Peer-To-Peering Beyond The Horizon: Can A P2p Network Avoid Liability By Adapting Its Technological Structure?, Matthew G. Minder

Chicago-Kent Law Review

Peer-to-peer networks are often used to infringe copyrights, but they also serve some legitimate purposes consistent with copyright law. In attempting to find a satisfactor solution, this note develops and analyzes two models that future peer-to-peer networks could employ to attempt to avoid liability for copyright infringement. The note then analyzes the law, applies the two models to the relevant legal tests, and analyzes whether a peer-to-peer network operating on each model could avoid liability for copyright infringement. It concludes that modifying their technological structure may help peer-to-peer networks avoid liability, but that some risks remain.


Best Practices And The State Of Information Security, Kevin Cronin Jun 2009

Best Practices And The State Of Information Security, Kevin Cronin

Chicago-Kent Law Review

The forces of globalization, together with widely available industry standards and best practices, and heightened state legislative activity, are driving the U.S. towards a more unified approach to data security. But the success of this unified approach requires more than free market efficiency and innovation. In order to maintain a state of evolutionary equilibrium in the global information economy, the U.S. must move from a fragmented approach towards data security and privacy standards, towards a more comprehensive set of standards with new penalties and effective enforcement, to better reflect the inherent value of personal data in today's global marketplace.


Data Collection And Leakage, Philip Howard, Kris Erickson Jun 2009

Data Collection And Leakage, Philip Howard, Kris Erickson

Chicago-Kent Law Review

Every year millions of digital records containing personally identifiable information are exposed. When are malicious hackers to blame, and when is it organizational malfeasance? Which kinds of organizations—private firms, government agencies, or educational institutions—lose the most data? With over 1.9 billion records lost (on average that's 9 records per U.S. adult), a surprising number of breaches can be attributed to organizational practices.


Information Security, Contract And Liability, Jennifer Chandler Jun 2009

Information Security, Contract And Liability, Jennifer Chandler

Chicago-Kent Law Review

Various common provisions in software end user license agreements undermine cyber security. These include anti-benchmarking provisions and broad exclusions of liability. These short comments suggest that courts and legislatures should take steps to limit the enforceability of contractual provisions that undermine cyber security.


Res Ipsa Loquitur In The Restatement (Third) Of Torts: Liability Based Upon Naked Statistics Rather Than Real Evidence, Daniel J. Pylman Jun 2009

Res Ipsa Loquitur In The Restatement (Third) Of Torts: Liability Based Upon Naked Statistics Rather Than Real Evidence, Daniel J. Pylman

Chicago-Kent Law Review

Using the doctrine of res ipsa loquitur, courts have accounted for the fact that there may be instances where a plaintiff is unable to present any evidence of a specific negligent act or omission and yet where the injury to the plaintiff and the surrounding circumstances suggest that the defendant did in fact negligently cause the injury. Despite the fact that the doctrine of res ipsa has been well-accepted by American courts, the courts have struggled to appropriately formulate the doctrine so as to achieve its important purpose of allowing recovery in appropriate situations while not formulating it so …


Web And Desktop Tools, Debbie Ginsberg May 2009

Web And Desktop Tools, Debbie Ginsberg

Presentations

In this Brown Bag, Debbie Ginsberg showcased her favorite web and desktop tools and demonstrated how to use them for your own work.


Table Of Contents, Seventh Circuit Review May 2009

Table Of Contents, Seventh Circuit Review

Seventh Circuit Review

No abstract provided.


Preface, Sandra R. Stipp May 2009

Preface, Sandra R. Stipp

Seventh Circuit Review

No abstract provided.


No Jury Rigging In The Court Of Appeals For The Seventh Circuit: An Analysis Of Jury Testimony To Impeach Jury Verdicts, Brian W. Reidy May 2009

No Jury Rigging In The Court Of Appeals For The Seventh Circuit: An Analysis Of Jury Testimony To Impeach Jury Verdicts, Brian W. Reidy

Seventh Circuit Review

Following a federal jury trial, losing litigants may seek a new trial by challenging, or impeaching, the validity of the jury's verdict. It is well recognized that, unlike fine wine, steaks, and cheese, lawsuits do not improve with age because as time passes, memories fade, witnesses become unavailable, and evidence is often lost. Accordingly, society has as interest verdict finality, but few would deny a litigant, especially a criminal defendant, a new trial if the jury's verdict was tainted by something external to the protections of the courtroom. Federal Rule of Evidence 606(b) generally prohibits juror testimony to impeach a …


A Fair Share (Of Removal): Resolving A Conflict Between The Class Action Fairness Act And The Securities Act, Marina G. Aronchik May 2009

A Fair Share (Of Removal): Resolving A Conflict Between The Class Action Fairness Act And The Securities Act, Marina G. Aronchik

Seventh Circuit Review

In 2007, the collapse of the housing market and the developing trend of state court filings of class actions alleging violations of the Securities Act culminated into a new type of securities litigation: state court filings of class actions alleging violations of the Securities Act with respect to non-publicly traded securities in general and mortgage-backed securities in particular. Thus, it became important for defendants to remove these claims to federal court. Permitting removal of such claims appears to conflict with the Securities Act, which broadly prohibits removal of claims arising under the Securities Act. But prohibiting removal is in tension …


A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada(Aa), Gabrielle L. Goodwin May 2009

A Disability By Any Other Name Is Still A Disability: Log Cabin, The Disability Spectrum, And The Ada(Aa), Gabrielle L. Goodwin

Seventh Circuit Review

In EEOC v. Lee's Log Cabin, the Seventh Circuit followed the Supreme Court precedent of the last decade that has increasingly narrowed the determination of what constitutes a disabled individual under the Americans with Disabilities Act. In 2008, Congress passed the ADA Amendments Act in an attempt to restore the ADA to its original purpose and the original vision of the ADA's drafters and supporters. Whether these amendments will produce dramatic changes in the way the administrative agencies and courts apply the ADA remains to be seen. Nonetheless, the only way the ADA or its amendments will successfully protect …


Supervisors, Sex, And The Seventh Circuit: No Should Always Mean No, Joshua I. Grant May 2009

Supervisors, Sex, And The Seventh Circuit: No Should Always Mean No, Joshua I. Grant

Seventh Circuit Review

The Seventh Circuit in Tate v. Executive Management Services, Inc. faced the issue of whether an employee who rebuffs his supervisor's sexual advances engaged in the kind of opposition to an unlawful employment practice protected by Title VII's retaliation provision. The retaliation provision requires that an employee oppose any unlawful employment practice but does not define "oppose." The Eighth Circuit has held that an employee engages "the most basic form of protected activity" by rebuffing a supervisor's sexual advances. The Fifth Circuit, on the other hand, has found that an express rejection of a supervisor’s sexual advances does not qualify …


The Seventh Circuit Gives The Green Light To Red Light Cameras: An Analysis Of The Court's Application Of The Rational-Basis Test To Red Light Camera Laws, Katelyn Rose Letizia May 2009

The Seventh Circuit Gives The Green Light To Red Light Cameras: An Analysis Of The Court's Application Of The Rational-Basis Test To Red Light Camera Laws, Katelyn Rose Letizia

Seventh Circuit Review

With over one million fatalities occurring every year on the world's roadways, the safety of motorists, passengers, and pedestrians is a major public policy concern. In an effort to address this policy concern and prevent roadway fatalities and accidents, communities across the county have implemented automated enforcement technology systems, such as red light cameras. Proponents of red light camera legislation believe the laws are constitutional and effective, but critics claim that such laws fail to pass the rational-basis test required of all legislation. In Idris v. City of Chicago, the Court of Appeals for the Seventh Circuit considered whether …


Ending Terrorism With Civil Remedies: Boim V. Holy Land Foundation And The Proper Framework Of Liability, Laura B. Rowe May 2009

Ending Terrorism With Civil Remedies: Boim V. Holy Land Foundation And The Proper Framework Of Liability, Laura B. Rowe

Seventh Circuit Review

Counterterrorism experts agree that, because money is the lifeblood of terrorists, one of the most effective means of combating terrorism is eradicating vital sources of funding. Recognizing this, Congress passed legislation throughout the 1990s that holds individuals criminally liable for providing financial or other material support to terrorists or terrorist organizations. Additionally, Congress created a civil remedy for victims who are injured or killed by reason of an act of international terrorism. In the first case to utilize the 18 U.S.C. § 2333 civil cause of action, the parents of David Boim, a Jewish-American teenager killed in Israel by alleged …


Professional Social Networking: From Facebook To Linkedin, Debbie Ginsberg May 2009

Professional Social Networking: From Facebook To Linkedin, Debbie Ginsberg

Presentations

This Brown Bag session provided an overview of how to use social networks to promote yourself professionally.


Powerpoint And Beyond, Debbie Ginsberg Apr 2009

Powerpoint And Beyond, Debbie Ginsberg

Presentations

This Brown Bag session provided an overview of working with PowerPoint and other presentation technologies.


Keep Up With It All, Debbie Ginsberg Apr 2009

Keep Up With It All, Debbie Ginsberg

Presentations

In this Brown Bag, Debbie Ginsberg demonstrated how to use RSS and other tools to easily stay up to date with the latest legal scholarship, news, and technology.