Law Commons^™

Recent Decisions Provide Some Clarity On How Courts And Government Agencies Will Likely Resolve Issues Involving Standard-Essential Patents, Steven M. Amundson

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Rebuttable Presumption Of Public Interest In Protecting The Public Health --The Necessity For Denying Injunctive Relief In Medically-Related Patent Infringement Cases After Ebay V. Mercexchange, Lance Wyatt

Chicago-Kent Journal of Intellectual Property

The public’s interest in medicine and good health is substantial. However, this interest is harmed when important medical devices or pharmaceuticals, although infringing on valid patents, are suddenly taken off the market after a court grants a permanent injunction. While permanent injunctions were automatically granted by the Federal Circuit before the Supreme Court’s holding in eBay v. MercExchange, courts now have more discretion to deny injunctive relief. Now that courts have this newfound discretion after eBay, the public should no longer expect to be harmed by the sudden removal of medical supplies. Unfortunately, this has not been the course that …

Hijacking Shared Heritage: Cultural Artifacts And Intellectual Property Rights, Amy Hackney Blackwell, Christopher William Blackwell

Chicago-Kent Journal of Intellectual Property

No abstract provided.

All Together Now: The Family Of Marks Doctrine In The Era Of Apple, Inc., Austin Berger

Chicago-Kent Journal of Intellectual Property

While a significant doctrine within common law trademark, the family of marks doctrine has not been utilized by as many dominant corporations within the fifty years since its creation as one might expect. This may be because the doctrine and its analysis remains rather opaque with little substantive legal research devoted to its history and framework and with a pastiche of case law that, on first blush, fails to signal a clear, uniform approach among the circuits. The doctrine itself, however, has been a deft tool in the hands of certain corporations who have used it to protect the prized …

Phoenix Rising? On The Fall And Potential New Rise Of State Trademark Rights, Charles Mcmanis, Henry Biggs

Chicago-Kent Journal of Intellectual Property

This article addresses the historical interplay of federal, state and common law trademark rights as they relate to the scope of geographic protection. The article looks closely at the narrow context where federal trademark law may arguably provide for state trademark law to prevail. The article notes, however, that the specific state trademark language necessary for that state trademark right to prevail has slowly vanished from most state trademark statutes. Yet while the door has seemed to be closing in this area, a relatively recent case, National Ass'n for Healthcare Communications, Inc. v. Central Arkansas Area Agency on Aging, Inc, …

Patent Litigation Attorneys' Fees: Shifting From Status To Conduct, Daniel Roth

Chicago-Kent Journal of Intellectual Property

Abusive patent assertion results in deadweight losses to society. Faced with the high cost of patent litigation, companies often settle for an amount equal to a fraction of the cost of defending a patent infringement suit. This allows the patent owner to extract settlements from many individuals without the risk of invalidation before a federal court. Shifting attorneys' fees to the prevailing party is a remedy courts award in exceptional cases to deter patent owners from bringing unreasonable claims of infringement and to return defendants to the position they were in prior to litigation. Current fee-shifting proposals target patent assertion …

Keynote Address: Is It Time To Abolish The Federal Circuit's Exclusive Jurisdiction In Patent Cases?, Diane P. Wood

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Canada's Inadequate Legal Protection Against Industrial Espionage, Emir Crowne, Tasha De Freitas

Chicago-Kent Journal of Intellectual Property

Canadian law provides little protection for individuals and corporations against industrial espionage. Akin to the United States' Economic Espionage Act of 1996-with its broad definition of "trade secret" and accompanying protections and remedies-we propose that Canada enact legislation at the federal level to remedy many of the deficiencies that arise in bringing a claim under the usual breach of confidence action.

Is Twitter More Than Just Sharing What I Ate For Breakfast?, Daniel Saunders, Allison Bernstein

Presentations

Twitter is a simple way to join an international conversation, to showcase your work to a new audience, and to meet new colleagues. Learn how this engaging and easy-to-use tool can bring your expertise to interested faculty, lawyers, students, journalists, and friends across the world. In this Brown Bag, Daniel Saunders (Faculty Scholarship Marketing Coordinator) and Allison Bernstein (Social Media Strategist and Manager) discussed how Twitter works, how other faculty and law schools use Twitter, and how to get started with your own account.

The Good Stuff: Using High-End Educational Technologies To Teach Legal Research, Debbie Ginsberg

Presentations

Presentation from the American Association of Law Libraries 106th Annual Meeting and Conference.

To view this file, download the free Prezi software.

It's 2013: Do You Know Where Your Ipad Is?, Debbie Ginsberg

Presentations

Presentation from the American Association of Law Libraries 106th Annual Meeting and Conference.

To view this file, download the free Prezi software.

Cool Tools Café: Cloud Storage Demonstration, Debbie Ginsberg

Presentations

Presentation from the Center for Computer-Assisted Legal Instruction 2013 Conference for Law School Computing

Showcasing Student Work With Eportfolios, Debbie Ginsberg

Presentations

ePortfolios are a tool that students can use to publish their best academic work on the web. This work can include videos, seminar papers, briefs, PowerPoint slides, or other digital assignments. Students can share their ePortfolios with potential employers or others who might be interested in their work. While relatively common in undergraduate colleges, not many law schools use ePortfolios. In this Brown Bag, Debbie Ginsberg discussed howePortfolios work, some of the options available, and how they might be used in law schools.

Access To Justice And Technology Clinics: A 4% Solution (With Andrew P. Medeiros) (Symposium), Ronald W. Staudt

All Faculty Scholarship

No abstract provided.

Where's Waldo?: Geolocation, Mobile Apps, And Privacy, Lori Andrews

All Faculty Scholarship

No abstract provided.

Introduction, Justice, Lawyering And Legal Education In The Digital Age (Symposium Editor With M. Lauritsen), Ronald W. Staudt

All Faculty Scholarship

No abstract provided.

Vol. 30, No. 3, Stanley B. Eisenhammer, Christopher M. Hoffman

The Illinois Public Employee Relations Report

Contents:

Chicago Math and Science Academy: Are Charter Schools Public or Private under the NLRA, and Does it Matter?, by Stanley B. Eisenhammer and Christopher M. Hoffman

Recent Developments

The Illusion Of Copyright Infringement Protection, Jenny Small

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Free Riders At The Drugstore: Generics, Consumer Confusion, And The Public Good, Kelley Clements Keller Esq.

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Recognized Stature: Protecting Street Art As Cultural Property, Griffin M. Barnett

Chicago-Kent Journal of Intellectual Property

This Article discusses the current legal regimes in the United States implicated by works of "street art." The Article suggests an amendment to the Visual Artists Rights Act that would protect certain works of street art as "cultural property" - thereby promoting the arts and the preserving important works of art that might otherwise be at the mercy of property owners or others who do not share the interests of artists and the members of communities enhanced by works of street art.

The Tragedy Of The Commons: A Hybrid Approach To Trade Secret Legal Theory, Jonathan R.K. Stroud

Chicago-Kent Journal of Intellectual Property

Current theories governing trade secrets law incompletely and inadequately protect substantial investment in innovation, rendering them inefficient, reactionary, and largely illusory. Trade secret law exists to fill a gap between other forms of intellectual property and to encourage substantial investment in innovation and to recoup the time and money expended pursuing it, to the long-term benefit of the greater public good. Without strong trade secret protections, the “tragedy of the commons” would lead to the unfair destruction of the fruits of capital and labor and discourage investment in activities calculated to benefit the public, thus hurting our society. I propose …

The Year Of Living (With) Google, Debbie Ginsberg, Emily Barney, Sejal Vaishnev, Mohit Gaonkar

Presentations

Presentation from the Center for Computer-Assisted Legal Instruction 2013 Conference for Law School Computing

In May 2012, Chicago-Kent migrated our email system from Outlook to Google. This process involved updating our email address domain, migrating large email boxes, and navigating some complex legal issues.

In this session, presenters discussed how Chicago-Kent planned for the change, how we implemented Google Apps, and how we trained our users, particularly faculty and staff, on what was (to many) a brand-new platform. Presenters also highlighted some of the ways Chicago-Kent used Google Apps to change how we work collaboratively as well as how we …

Flipping Flop?: Can Guest Lecturers Use The Flipped Classroom Format, Clare Gaynor Willis, Scott Vanderlin

Presentations

Presentation from the Center for Computer-Assisted Legal Instruction 2013 Conference for Law School Computing

This session examined the “flipped classroom” teaching model through the point of view of the ad hoc or guest lecture, addressing the unique challenges in that context. The potential merits of the “flipped classroom” teaching approach for traditional courses with multiple class meetings are well-documented. For a guest lecturer already faced with limited in-class time, the flipped classroom may be particularly intriguing because technology transfers much of the content out of the classroom, allowing the instructor to use classroom time for collaborative exercises and practical applications. …

Aba Techshow & Tell, Debbie Ginsberg, Emily Barney, Elizabeth Farrell

Presentations

Presentation from the Center for Computer-Assisted Legal Instruction 2013 Conference for Law School Computing.

To view this file, download the free Prezi software.

Introduction, Ronald W. Staudt, Marc Lauritsen

Chicago-Kent Law Review

No abstract provided.

Access To Justice And Technology Clinics: A 4% Solution, Ronald W. Staudt, Andrew P. Medeiros

Chicago-Kent Law Review

This article argues that law schools should add Access to Justice and Technology Clinics: a new type of clinical course that teaches law students how to use and deploy technology to assist law practice. If widely adopted, these clinics will help law students learn core competencies needed in an increasingly technological profession while simultaneously building tools and content to help low income, self-represented litigants overcome serious barriers in their pursuit of justice. In our prototype course at Chicago-Kent, Justice and Technology Practicum, students use A2J Author to build A2J Guided Interviews and in the process students learn legal research, writing …

Thinking Like A Lawyer, Designing Like An Architect: Preparing Students For The 21st Century Practice, Tanina Rostain, Roger Skalbeck, Kevin G. Mulcahy

Chicago-Kent Law Review

Various law schools—Chicago-Kent Law School, New York Law School, Vermont Law School, and Georgetown Law Center among them—are beginning to offer innovative classes in which students learn to build legal expert systems intended to enhance access to the legal system. Working in platforms that do not require technical expertise, students are able to build apps that incorporate rules-based logic, factor balancing, and mathematical operations to implement the reasoning of a regulatory regime. In this essay, we suggest that teaching students to design apps furthers pedagogic goals associated with the traditional law school curriculum and clinical teaching. In designing legal expert …

The Teaching Of Law Practice Management And Technology In Law Schools: A New Paradigm, Richard S. Granat, Stephanie Kimbro

Chicago-Kent Law Review

The teaching of law practice management in law schools is becoming more critical for our profession. Employment with a traditional law firm used to provide the training and mentorship necessary to practice law. As a result of fewer employment prospects with traditional law firms, law students are now faced with the prospect of entering into law practice without this critical training and knowledge base soon after they become members of the bar.

Additionally, the Internet and information technology is transforming the practice of law and, as a result, the management of law firms is also being transformed. Lawyers must understand …

Developing An E-Curriculum: Reflections On The Future Of Legal Education And On The Importance Of Digital Expertise, Oliver Goodenough

Chicago-Kent Law Review

Legal education is in the midst of significant change, where much of how and what we have taught is under scrutiny. As we reform our curriculums in this moment of change, we should be guided by considerations of value added, values added, economic sustainability. It is no longer enough for our programs to target bar passage, doctrinal coverage, a shared language of argument, and skills and perspectives, important as these may be. Practice in the foreseeable future requires us to add new knowledge and competencies. Law and technology is an area that is ripe for expansion, with the possibility of …

Law Schools As Knowledge Centers In The Digital Age, Vern R. Walker, A.J. Durwin, Philip H. Hwang, Keith Langlais, Mycroft Boyd

Chicago-Kent Law Review

This article explores what it would mean for law schools to be “knowledge centers” in the digital age, and to have this as a central mission. It describes the activities of legal knowledge centers as: (1) focusing on solving real legal problems in society outside of the academy; (2) evaluating the problem-solving effectiveness of the legal knowledge being developed; (3) re-conceptualizing the structures used to represent legal knowledge, the processes through which legal knowledge is created, and the methods used to apply that knowledge; and (4) disseminating legal knowledge in ways that assist its implementation. The Article uses as extended …