Law Commons^™

Extending Mike Zimmer’S Cross-Border Comparative Work: The Role Of Property Rights In U.S. And Canadian Labo(U)R Law, Martin Malin

All Faculty Scholarship

No abstract provided.

The Afscme – State Of Illinois Negotiations: Traveling In Uncharted Waters, Martin Malin

All Faculty Scholarship

No abstract provided.

Quacking Like A Duck? Functional Parenthood Doctrine And Same-Sex Parents, Katharine Baker

All Faculty Scholarship

Part I of this article introduces the tension between constitutionally protected parental autonomy rights and functional parent doctrine by examining the constitutional rights of parents. This examination demonstrates how the marital status of a parent has a substantial impact on the strength of that parent's constitutional rights. In cases in which there are two unmarried (never married or divorced) parents, neither parent has particularly robust constitutionally protected autonomy rights because both parents have competing constitutional rights that must be balanced against each other. Each parent has the right to invoke a court's jurisdiction in vindication of his or her own …

Campus Misconduct, Sexual Harm And Appropriate Process: The Essential Sexuality Of It All, Katharine Baker

All Faculty Scholarship

No abstract provided.

The International Criminal Court In Africa: Impartiality, Politics, Complementarity And Brexit, Bartram Brown

All Faculty Scholarship

I have known and been inspired by Henry J. Richardson III and his scholarship for many years. A hallmark of his work has been his focus upon African-American interests in international law and also upon the rights and interests of African states. In acknowledgement of that intellectual debt, it is my honor to dedicate the following article to this festschrift celebrating his life and work.

International Cooperation And Organizational Identities: The Evolution Of The Asean Investment Regime, Sungjoon Cho, Jürgen Kurtz

All Faculty Scholarship

This article first conceptualizes the ASEAN Investment Regime (AIR) as an Interstate Cooperative Regime (ICR), defined as a stable interstate cooperative nexus on a particular regulative subject, comprising the regulation of foreign investment in this particular case. It then seeks to explain the evolution of AIR in terms of its identity formation. In doing so, this article employs three ideal types of cultural logic - Hobbesian, Lockean and Kantian - across each stage of AIR’s evolution, largely overlapping with the three main IR theories of neorealism, neoliberal institutionalism and constructivism, respectively. Using those models, we find a clear evolutionary pathway …

Creating Precedents Through Words And Deeds, Harold Krent

All Faculty Scholarship

Book review: Untrodden ground: how presidents interpret the Constitution. By Harold H. Bruff. Chicago: University of Chicago Press, 2015. 557 pages. Reviewed by Harold J. Krent

The Constitutionality Of Administrative Patent Cancellation (Symposium), Gregory Reilly

All Faculty Scholarship

No abstract provided.

Relational Privacy: Surveillance, Common Knowledge, And Coordination, Richard Warner, Robert Sloan

All Faculty Scholarship

No abstract provided.

The Other Securities Regulator: A Case Study In Regulatory Damage, Anita Krug

All Faculty Scholarship

Although the Securities and Exchange Commission is the primary securities regulator in the United States, the Department of Labor also engages in “securities regulation.” It does so by virtue of its authority to administer the Employee Retirement Income Security Act (ERISA), the statute that governs the investment of retirement assets. In 2016, the DOL used its securities regulatory authority to adopt a rule that, for the first time, designates securities brokers who provide investment advice to retirement investors as fiduciaries subject to ERISA’s stringent transaction prohibitions. The new rule’s objective is salutary, to be sure. However, this Article shows that, …

Keeping The Internet Invisible: Television Takes Over, Henry Perritt

All Faculty Scholarship

No abstract provided.

No Way To Run And "Airline": Surviving An Air Ambulance Ride, Henry Perritt

All Faculty Scholarship

No abstract provided.

Who Pays When Drones Crash?, Henry Perritt

All Faculty Scholarship

No abstract provided.

Crediting The Incredible: How The Seventh Circuit Uses Procedure To Mask Its Improper Perfunctory Grant Of Deference To Chicago’S Law Enforcement Officers, Ava B. Gehringer

Seventh Circuit Review

In January 2017, the Department of Justice released a Report after investigating the Chicago Police Department and its in-house accountability agencies tasked with detecting and deterring police misconduct, concluding that there is reasonable cause to believe that the CPD routinely engages in unlawful patterns and practices in violation of the Fourth Amendment. Moreover, the DOJ found that attempts by the CPD’s agencies to hold officers accountable for misconduct have been frustrated by the “code of silence” and “pervasive cover-up culture” among CPD officers. As a result, the burden of deterring police misconduct has effectively fallen on the victims themselves. Yet …

Vol. 34, No. 1, Martin H. Malin

The Illinois Public Employee Relations Report

Contents:

The AFSCME - State of Illinois Negotiations: Traveling in Uncharted Waters, by Martin H. Malin

Recent Developments

Micro-Meso-Macro Comparative Law: An Essay On The Methodology Of Comparative Law, Alessandro Romano

Chicago-Kent Journal of International and Comparative Law

There are strong analogies between the quest for a methodology of comparative law and the broader debate on the epistemology of social and natural sciences. In this vein, after having explored the dispute between holists and reductionists, I argue that the dichotomy between micro and macro comparative law ought to be abandoned. Building on the insights of social theory, I introduce a specific framework to bridge the two levels of enquiry through a meso analysis. This framework is applied to investigate the robustness of the findings of the legal origin theory.

Global Protection Of Free Speech Rights For American Journalists: Admirable Or Overkill?, Kelsey Bates

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Piercing The Corporate Veil Us Lessons From Romania And Slovakia, Alexandra Horvathova, Catalin Gabriel Stanescu

Chicago-Kent Journal of International and Comparative Law

This article describes and analyzes the doctrine of piercing the corporate veil in various jurisdictions across the world. First, it introduces the development and history of this doctrine in the United States - the jurisdiction, which has nurtured this legal concept for several centuries. Second, it analyzes its possible implementation within two chosen jurisdictions in Central and Eastern Europe: Romania and Slovakia. The authors’ aim is to assess their home jurisdictions and examine whether these jurisdictions apply the doctrine, if so, then in which form and to what extent. The authors analyze different areas of their respective legal systems - …

Reigning In A Rogue: Achieving And Drafting A North Korean Nuclear Deal, James Williams

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

The Dna Default And Its Discontents: Establishing Modern Parenthood, Katharine Baker

All Faculty Scholarship

Most contemporary family law scholarship assumes that propriety of a DNA default for establishing parenthood - a presumption that, in the absence of marriage, whoever had the sex with the mother that resulted in the child should be the father of the child. This article problematizes that DNA default. It demonstrates how the DNA default necessarily magnifies the legal and social importance of sex, discounts the legal significance of women's reproductive labor, and marginalizes all children living outside the binary, heteronormative norm that a genetic regime necessarily edifies. When scrutinized, the DNA default looks just as moralistic and exclusionary as …

Abuse Of Supreme Court Precedent: The "Historic Kinship", David W. Barnes

Chicago-Kent Journal of Intellectual Property

In Sony Corp. of America v. Universal City Studios, the Supreme Court applied a doctrine formulated for patent law to an issue arising in copyright law. The Court supplied a rationale for doing so by identifying a “historic kinship” between patent and copyright law based on fundamental goals of intellectual property law. The Court considered how the rationale applied in the particular factual context involved. The Court cautioned that the propriety of extending a doctrine developed in one intellectual property regime to another depends on the particular legal issue involved. Despite the importance of ensuring that new rules are …

With Enough Eyeballs All Searches Are Diligent: Mobilizing The Crowd In Copyright Clearance For Mass Digitization, Maurizio Borghi, Kris Erickson, Marcella Favale

Chicago-Kent Journal of Intellectual Property

Digitization of 20th Century cultural heritage is severely restricted due to the real or potential subsistence of copyright and related rights. Under the laws on orphan works introduced in many countries, items whose copyright status is uncertain may possibly be lawfully digitized, on condition that a “diligent search” of the copyright owners has been performed. However, carrying out diligent searches on large collections is a lengthy and expensive process, which may discourage institutional users from embarking on large-scale digitization. While the problem of performing diligent searches has been so far approached in a “centralized” manner by individual institutions, the article …

The Time Is Nigh: A Proposal For An International Patent System, Ben Mceniery

Chicago-Kent Journal of Intellectual Property

The world is slowly but inexorably moving towards adopting an integrated global patent system. It is inevitable that the present inefficient and splintered system in which patents must be separately obtained and enforced in each nation state must evolve to make obtaining global patent protection an achievable proposition for those other than just the wealthiest multinational corporations. The global patent system proposed in this article allows a patent applicant to file a single patent application in an international patent office, have that patent application examined in accordance with a uniform patentability standard, and results in the grant of a unitary …

Open Source Tactics: Bargaining Power For Strategic Litigation, James Skelley

Chicago-Kent Journal of Intellectual Property

No abstract provided.

In Defense Of Patent Trolls: Patent Assertion Entities As Commercial Litigation Funders, Jean Xiao

Chicago-Kent Journal of Intellectual Property

This paper is the first to defend and commend the role of patent trolls in litigation. It argues that trolls either are not the sole source of patent litigation ills or are not responsible for these ills in the first place. Next, it demonstrates that trolls provide the same litigation-related benefits as commercial litigation funders, which also finance patent lawsuits. Troll commentators have ignored these benefits, for which funders are praised, in the evaluation of trolls. Finally, this paper explains that eliminating trolls will not only close off a source of these benefits but also worsen problems by shifting trolling …

Whither (Wither?) Geographical Indications? The Case Against Geographical Indications And For Appellations Of Origin In An Era Of Glocalization, Benjamin Robert Hopper

Chicago-Kent Journal of Intellectual Property

One of the most hotly contested legal debates in international intellectual property law today concerns geographical indications (GIs) and appellations of origin (AOOs), referred to herein using the umbrella term “indication of origin” (IO). Central to the debate are two different systems for IOs—the sui generis system of AOOs and the like promoted by IO advocates like the EU (generally civil law jurisdictions) and the system promoted by IO skeptics like the US (generally common law jurisdictions) under which GIs are subsumed within a pre-existing trademark system. These divergent IO systems are manifestations of deepening fragmentation in the international IO …

Thoughts On The Relationship Between The Supreme Court And The Federal Circuit, Timothy B. Dyk

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Why The Supreme Court Should Use Ariosa V. Sequenom To Provide Further Guidance On U.S.C. § 101 Patent Eligibility, Naira Rezende Simmons

Chicago-Kent Journal of Intellectual Property

35 U.S.C. § 101 provides patent protection to “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” The Supreme Court previously concluded that Congress intended patentable subject matter to “include anything under the sun that is made by man.” Nevertheless, over the past five years the U.S. Supreme Court has made a series of decisions that narrowed the scope of subject matter eligible for patent protection.

In Mayo the court held that correlations between the concentrations of a metabolite in the blood and the concentration of a drug are not patent …

Panel Discussion: Remembering Justice Scalia In Ip Cases, Graeme Dinwoodie

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Neglected Diseases: How Intellectual Property Can Incentivize New Treatment, Vinita Banthia

Chicago-Kent Journal of Intellectual Property

No abstract provided.