Law Commons^™

Controversy: A New Definition Of A War Criminal, Jennifer Snyder

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

The History Of The Subsidiarity Principle In The Hague Convention On Intercountry Adoption, Chad Turner

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Keeping Tabs: When Will Ttab Decisions Have Preclusive Effect? Preclusive Effect Of T.T.A.B. Likelihood Of Confusion Decisions After B&B; V. Hargis Industries, Brendan J. Ketchum

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Keynote Address: Censorship In The Guise Of Authorship: Harmonizing Copyright And The First Amendment, M. Margaret Mckeown

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Recent Trends In The Use Of Surveys In Advertising Law Disputes; An Update On The Case Law, Kenneth Plevan

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Multiple Intellectual Property Damage Complications As In Apple V Samsung? Try Using Excel, W. Lesser

Chicago-Kent Journal of Intellectual Property

No abstract provided.

(Mis)Appropriation Art: Transformation And Attribution In The Fair Use Doctrine, John Carl Zwisler

Chicago-Kent Journal of Intellectual Property

Since the adoption of transformation by the Supreme Court, judicial decisions have continued to expand the fair use doctrine. Relying on transformation has led judges to subjectively critique and analyze artwork in order to make a legal decision. However, while a majority of circuits apply transformation, it is not followed by all of them. Transformation should no longer be a requirement in a fair use analysis concerning appropriation art, because it first requires subjective interpretation of an artist’s work. Transformation also gives an advantage to artists appropriating the work, claiming fair use of another’s copyrighted work. Instead, the emphasis should …

Copyrights And Trademarks In Cyberspace: A Legal And Economic Analysis, Georgios I. Zekos

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Defining The Press Clause: The End Of Hot News And The Attempt To Save Traditional Media, Adam Tragone

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Imposing Company Ownership Transparency Requirements: Opportunities For Effective Governance Of Equity Capital Markets Or Constraints On Corporate Performance, Mohamed Okasha Abdelaal

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Why Royalties For Standard Essential Patents Should Not Be Set By The Courts, Stanley M. Besen

Chicago-Kent Journal of Intellectual Property

Although Standard Setting Organizations (SSOs) generally require patent holders to agree to license their technologies on Reasonable and Non-Discriminatory (RAND), or Fair Reasonable and Non-Discriminatory (FRAND), terms as a condition of including their technologies in a standard, SSOs have generally declined to accept responsibility for clarifying the meaning of these commitments. Despite this, a consensus has emerged among most commentators as to how F/RAND royalties should be determined for Standard Essential Patents. According to the consensus view, a F/RAND royalty should be the cost of obtaining a license just before the patented invention is declared essential to compliance with an …

Rectifying Fair Use After Cariou V. Prince: Reviving The Forgotten Statutory Text And Requiring That Unauthorized Copying Be Justified, Rather Than Merely “Transformative”, Daniel J. Brooks

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Korea Database: Wipo-Administered Udrp Decisions, The First Fifteen Years (2000–2014), Ilhyung Lee

Chicago-Kent Journal of Intellectual Property

No abstract provided.

One Centimeter Over My Back Yard: Where Does Federal Preemption Of State Drone Regulation Start?, Henry H. Perritt Jr.

All Faculty Scholarship

The proliferation of cheap civilian drones and their obvious utility for precision agriculture, motion picture and television production, aerial surveying, newsgathering, utility infrastructure inspection, and disaster relief has accelerated the FAA’s sluggish effort to develop a proposal for generally applicable rules and caused it to grant more than 600 “section 333 exemptions” permitting commercial drone flight before its rules are finalized.

Federal preemption in the field of aviation safety regulation is generally assumed, but political pressure on states and municipalities to regulate drones and the ability of this revolutionary aviation technology to open up space close to the ground for …

Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent

All Faculty Scholarship

ABSTRACT

The Illinois Appellate Court in Draper & Kramer v. King reversed a court ordered eviction on the ground that the tenant likely did not appreciate that she had agreed in a settlement to vacate her residence in addition to paying arrears on rent. In the chaotic environment of eviction court proceedings, tenants too often pledge paying back rent without realizing that, at the same time, they have agreed to be evicted and that the court ordered eviction will follow them for the rest of their lives. In Chicago, at least, the potential for confusion is enhanced because the agreed …

Faculty Perspectives - Fall 2015, Iit Chicago-Kent College Of Law

Faculty Perspectives

This issue features excerpts from exciting and innovative works by faculty members Kimberly Bailey, Alexander Boni-Saenz and Richard Warner.

Also featured: An excerpt from Daniel M. Katz's The MIT School of Law?, which discusses new directions for legal education.

Sexuality And Incapacity, Alexander Boni-Saenz

All Faculty Scholarship

No abstract provided.

Table Of Contents, Seventh Circuit Review

Seventh Circuit Review

No abstract provided.

"Googling" Your Way To Justice: How Judge Posner Was (Almost) Correct In His Use Of Internet Research In Rowe V. Gibson, M. Cristina Martin

Seventh Circuit Review

The Internet is a temptation which many courts have been unable to resist. Over the past twenty years, judges at trial and appellate levels have increasingly used Internet research in crafting their judicial opinions. Judge Richard Posner of the Seventh Circuit is a huge proponent of this proposition, and in August 2015, he authored an opinion which took this independent Internet research to a new level. In Rowe v. Gibson, Judge Posner's opinion reversed summary judgment for a pro se litigant partly based on independent Internet research performed by the court. His justification for using this Internet research was …

The Seventh Circuit Finds The Fundamental Right To Marry Includes The Right To Choose One's Spouse, Even In Prison, Lauren B. Wright

Seventh Circuit Review

In recent years, the Supreme Court has continuously reiterated the importance of the right to marry, finding it to be a fundamental right protected by the Constitution. Activists across the nation have celebrated the Court's continued protection of this fundamental right as it has expanded the rights of same-sex couples. What has received somewhat less attention is how the Court's right to marry doctrine has affected a different segment of the population—prisoners. In the United States, there are currently 2.2 million people serving time in our nation's prisons or jails. For many of us, prisoners are people we would rather …

Who Are "The People?": The Seventh Circuit Extends Second Amendment Rights To Undocumented Immigrants, Patrick W. Etchingham

Seventh Circuit Review

Undocumented immigrants within the United States are human. Whether they exist as "people" protected by the Bill of Rights is another question entirely. The Second Amendment states "the right of the people to keep and bear arms, shall not be infringed." The phrase "the people" appears in the First, Second, Fourth, Ninth, and Tenth Amendments to the United States Constitution, among other places in the United States' most sacred documents. However, courts have rarely defined "the people," except in the Fourth and—recently—Second Amendment contexts. In United States v. Verdugo–Urquidez, the Supreme Court held that the Fourth Amendment protects "people," …

Post-Conviction Relief: The Seventh Circuit Applies Savings Clause To Save Death Row Prisoner, Allison A. Evans

Seventh Circuit Review

A writ of habeas corpus is often the last resort—the final "Hail Mary"—for prisoners seeking relief. Dubbed the "Great Writ," a writ of habeas corpus is used to bring a prisoner before the court to determine the legality of the prisoner's incarceration or detention. This writ, utilized since our country's inception, is protected by the Constitution, and is available to all prisoners, both state and federal.

Federal prisoners seeking habeas corpus relief must proceed under 28 U.S.C. § 2255. Section 2255 permits a federal prisoner to move to vacate or set aside his sentence upon the grounds that the sentence …

Meeting The Experiential Challenge: A Fee-Generating Law Clinic (With Harold J. Krent), Gary S. Laser

All Faculty Scholarship

No abstract provided.

Meeting The Experiential Challenge: A Fee-Generating Law Clinic (With Gary S. Laser), Harold J. Krent

All Faculty Scholarship

No abstract provided.

Baselines In Trust Term Extension, Alexander Boni-Saenz

All Faculty Scholarship

No abstract provided.

Vol. 32, Nos. 3 & 4, Robert Bruno, Thomas F. Sonneborn

The Illinois Public Employee Relations Report

The Changing Landscape and Future of Labor Relations: A View from Organization Labor, by Robert Bruno

Conducting Independent Research: Should an Arbitrator Look Beyond the Record for the Facts or the Laws?, by Thomas Sonneborn

Recent Developments

Reforming The Regulation Of Political Advocacy By Charities: From Charity Under Siege To Charity Under Rescue?, Adam Parachin

Chicago-Kent Law Review

A newly elected liberal federal government in Canada has pledged to reform the legal distinction between charity and politics. This paper provides context to this reform initiative, linking it to a controversial political activities audit program funded by the former conservative federal government. It identifies three distorting ideas about charity—that charity can be understood as a tax expenditure, economic or neutral concept—that should be eschewed in the reform process. It also identifies three characteristics of charity—the capacity of charities for thought leadership, the pervasiveness of messaging in charitable programming and the distinctiveness of charity and government—that should guide reformers.

Introduction, Dana Brakman Reiser

Chicago-Kent Law Review

No abstract provided.

Exile To Main Street: The I.R.S.'S Diminished Role In Overseeing Tax-Exempt Organizations, Evelyn Brody, Marcus Owens

Chicago-Kent Law Review

The Internal Revenue Service’s post-Citizens United approach to political activity by would-be tax-exempt organizations has threatened the financial health of the entire agency. Suffering from a siege mentality in the best of times, the IRS predictably and understandably responded to the asserted “scandal” by retreating into a shell of bureaucratic reshuffling, management mumbo-jumbo, and paper moving. A fresh cadre of senior management lacking relevant experience has overhauled the exempt-organization function and emphasized granting recognition of exemption now and (possibly) asking questions later. The new self-certification process of exemption for small charities could also be setting the agency up for the …

European Non-Profit Oversight: The Case For Regulating From The Outside In, Oonagh B. Breen

Chicago-Kent Law Review

When it comes to the regulation of non-profits, the European Commission experiences many of the same pressures and constraints faced by national charity regulators. It suffers, however, from an added disadvantage in that, arguably, it lacks jurisdictional competence to regulate non-profits qua non-profits. This article explores the consequences of the Commission’s unsuccessful attempt to secure the passage of its proposal for a European Foundation Statute (“EFS”). Notwithstanding the European Council’s inability to muster the necessary Member State unanimity required to pass the proposal and its subsequent demise, the Commission is still dogged by the problems it identified as giving rise …