Law Commons^™

The Undead Past: How Collective Memory Configures Trade Wars (Forthcoming), Sungjoon Cho

All Faculty Scholarship

Conventional narratives explicate the recent trade war between the United States and China in realist terms, such as a hegemonic struggle symbolized by the “Thucydides’ trap.” Yet this universalist heuristic fatally omits ideational factors, such as beliefs, which are capable of contextualizing a particular foreign affair. The U.S.-China economic conflicts of today are characterized as much by past convictions as by simple power politics. This Article aims to remedy this analytical blind spot by employing the concept of “collective memory.” The central claim is that the particular ways and forms in which the U.S. elites and the public remember, and …

Male Same-Sex "Horseplay": The Epicenter Of All Sexual Harassment?, Kimberly Bailey

All Faculty Scholarship

In Oncale v. Sundowner Offshore Services, Inc., the U.S. SupremeCourt recognized same-sex sexual harassment as a cognizable claim of sex discrimination under Title VII of the Civil Rights Act of 1964. At the time, many scholars found this recognition to be significant andimportant, but some also argued that the Court provided an incomplete analysis regarding the meaning of discrimination “because of sex.” Specifically, some scholars argue that the Court’s opinion reinforces the sexual desire paradigm in the analysis of sexual harassment cases. Building upon this critique, this Article focuses specifically on the harassment of men who generally are perceived as …

Vol. 38, No. 1, Robert Bruno, Nicholas Christen

The Illinois Public Employee Relations Report

Educating During a Pandemic: The Role of Collective Bargaining in Going Back to School

By Robert Bruno and Nicholas Christen

Recent Developments

The Constitution Commandeth: Thou Shalt Not Protect The Same Subject Matter Under Design Patent And Trade Dress Laws, Kenneth B. Germain, Louis H. Sitler

Chicago-Kent Journal of Intellectual Property

For many years and still currently, it has been assumed—and even expressly asserted—that it is perfectly permissible to “stack” various legal theories (concurrently or consecutively) to protect nonfunctional “designs” for products. This is despite infrequent but cogent arguments that the available theories, notably design patents and product design trade dress—both of which are based upon federal statutes—are not Constitutionally compatible due to at least the concept of Superfluity. The authors of this article carefully examine the origin, nature, and meaning of these two types of IP protections in the context of their two Constitutional bases—the Patent/Copyright Clause and the Commerce …

Vol. 37, No. 4, Karl R. Ottosen

The Illinois Public Employee Relations Report

One Lawyer's Perspective on 2020 Public Sector Labor Relations and the Impact of Covid-19 and Race Relations

By Karl R. Ottosen

Recent Devlopements

What Is Nonmarriage?, Katharine Baker

All Faculty Scholarship

As rates of cohabitation rise, and marriage becomes a status reserved almost exclusively for socio-economic elites, the scholarly calls for family law to recognize more nonmarital families grow stronger by the day. This Article unpacks contemporary proposals to recognize more nonmarital families and juxtaposes those proposals with family law’s contemporary marital regime. Family law’s status-based system provides a mostly simple and efficient means of distributing resources at the end of a marriage by imposing a formulaic, but distinctly communitarian, non-market-based approach to obligation, entitlement, and value. In full, the Article defends family law’s status-based system for what it does well, …

Alt Labor? Why We Still Need Traditional Labor, Martin Malin

All Faculty Scholarship

With union density falling to alarmingly low levels and dropping, many have largely written off traditional business unionism and have turned to so-called alt-labor forms of worker empowerment, particularly worker centers. But traditional unions continue to provide valuable service to the workers they represent and to society as a whole. The union wage premium may not be as strong as it once was but it still remains and workers represented by unions are far more likely to have health and retirement benefits than their unrepresented counterparts. Moreover, it is through traditional transactional business unionism, that workers find protection from disagreeable …

Alt-Labor And Employment Law: Symposium Introduction, Michael M. Oswalt, Cesar F. Rosado Marzan

Chicago-Kent Law Review

No abstract provided.

Sustainable Alt-Labor, Catherine L. Fisk

Chicago-Kent Law Review

No abstract provided.

Interagency Merger Review In Labor Markets, Hiba Hafiz

Chicago-Kent Law Review

No abstract provided.

Alt-Enforcers : The Emergence Of State Attorneys General As Workplace Rights Enforcers, Jane R. Flanagan

Chicago-Kent Law Review

No abstract provided.

Alt Labor? Why We Still Need Traditional Labor, Martin H. Malin

Chicago-Kent Law Review

No abstract provided.

Union Decline And Labor Revival In The 21st Century United States, Ruth Milkman

Chicago-Kent Law Review

No abstract provided.

Rethinking The Federal Courts: Why Now Is Time For Congress To Revisit The Number Of Judges That Sit On Federal Appellate Panels, Mitchell W. Bild

Chicago-Kent Law Review

No abstract provided.

Betting On The Safety Act: How Relying On This Relatively Unknown Statute In Recent Litigation May Be A Gamble, Alec Kraus

Chicago-Kent Law Review

No abstract provided.

On-Demand Drivers And The Right To Collective Bargaining: Why Seattle's Ordinance Does Not Violate Federal Antitrust Laws, Jacob Aleknavicius

Chicago-Kent Law Review

No abstract provided.

Short Strikes, Michael M. Oswalt

Chicago-Kent Law Review

No abstract provided.

Zoning On Holy Ground: Developing A Coherent Factor-Based Analysis For Rluipa's Substantial Burden Provision, Andrew Willis

Chicago-Kent Law Review

No abstract provided.

Can Wage Boards Revive U.S. Labor?: Marshaling Evidence From Puerto Rico, Cesar F. Rosado Marzan

Chicago-Kent Law Review

No abstract provided.

The Emerging Law Of Portable Retirement Benefits, Paul M. Secunda

Chicago-Kent Law Review

No abstract provided.

College Athletes In Revenue-Generating Sports As Employees: A Look Into The Alt-Labor Future, Roberto L. Corrada

Chicago-Kent Law Review

No abstract provided.

Milking Outdated Laws: Alt-Labor As A Litigation Catalyst, Kati L. Griffith, Leslie C. Gates

Chicago-Kent Law Review

No abstract provided.

Nuisance Most Fowl: The Problem With Chicago's Permissive Livestock Ordinance And How To Fix It, Shelley Geiszler

Chicago-Kent Law Review

No abstract provided.

"She Was Surprised And Furious": Expatriation, Suffrage, Immigration, And The Fragility Of Women's Citizenship, 1907-1940, Felice Batlan

All Faculty Scholarship

This article stands at the intersection of women’s history and the history of citizenship, immigration, and naturalization laws. The first part of this article proceeds by examining the general legal status of women under the laws of coverture, in which married women’s legal existence was “covered” by that of their husbands. It then discusses the 1907 Expatriation Act, which resulted in women who were U.S. citizens married to non-U.S. citizens losing their citizenship. The following sections discuss how suffragists challenged the 1907 law in the courts and how passage of the Nineteenth Amendment—and with it a new concept of women’s …

Vol. 37, No. 3, Jerry J. Marzullo, Joseph Weishampel, David Grady

The Illinois Public Employee Relations Report

A Statement of Facts: The Reality of Public Safety Employee Pension Funds in the State of Illinois

Recent Developments

Against Progress: Interventions About Equality In Supreme Court Cases About Copyright Law, Jessica Silbey

Chicago-Kent Journal of Intellectual Property

Despite expanding scope and the rise of “more” intellectual property, Against Progress demonstrates that turn-of-the century intellectual property practice challenges the “progress as more” paradigm. Through various methodological interventions – close reading of cases, doctrinal analysis, and various qualitative empirical methods – Against Progress demonstrates how contemporary accounts of intellectual property are not primarily anchored by claims of “more” or in economic growth terms. Instead, creative and innovative practices (and disputes concerning them) revolve around adjacent values and principles central to our constitutional system such as equality, privacy, and community or general welfare.

Two Centuries Of Trademark And Copyright Law: A Citation-Network-Analysis Approach, Joseph Scott Miller

Chicago-Kent Journal of Intellectual Property

The Supreme Court has decided many more patent cases than trademark or copyright cases. This is so not just in the past decade—the focus of the tenth annual Supreme Court IP Review at the Chicago-Kent College of Law, in September 2019—but in the past 20 decades. In gathering the entire body of the Court’s IP caselaw for study with cita-tion-network-analysis tools, I found that patent cases greatly outnum-ber trademark and copyright cases. Moreover, patent cases, especially patent and antitrust cases, dominate the metrics for the most central cases in the citation network.

Aesthetic Functionality At A Crossroads: What A Troublesome Doctrine Can Learn From Its Past, Xiaoren Wang

Chicago-Kent Journal of Intellectual Property

With the rise of branding and marketing, firms started using trade dress such as product features or packages to identify themselves. Some firms claim an exclusive trademark right on their trade dress. However, granting a trademark right to some trade dresses might hinder competition. For example, if one firm claims trademark on the heart-shaped candy box, it will prevent others from using the same package to compete in the Valentine’s Day sweets market. So U.S. courts developed a doctrine called aesthetic functionality to avoid the competition hindrance consequence. Aesthetic functionality refers to the situation where a trade dress has the …

Copyright And Roster

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Table Of Contents

Chicago-Kent Journal of Intellectual Property

No abstract provided.