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Northwestern Pritzker School of Law

Journal

2011

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Articles 1 - 30 of 71

Full-Text Articles in Law

Barclays V. Thefly: Protecting Online News Aggregators From The Hot News Doctrine, Rayiner Hashem Nov 2011

Barclays V. Thefly: Protecting Online News Aggregators From The Hot News Doctrine, Rayiner Hashem

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Why Brand Pharmaceutical Companies Choose To Pay Generics In Settling Patent Disputes: A Systematic Evaluation Of Asymmetric Risks In Litigation, Xiang Yu, Anjan Chatterji Nov 2011

Why Brand Pharmaceutical Companies Choose To Pay Generics In Settling Patent Disputes: A Systematic Evaluation Of Asymmetric Risks In Litigation, Xiang Yu, Anjan Chatterji

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Property Rights To Information, Jamie Lund Sep 2011

Property Rights To Information, Jamie Lund

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


An Antitrust Framework For Climate Change, Michael A. Carrier Sep 2011

An Antitrust Framework For Climate Change, Michael A. Carrier

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Congestible Intellectual Property And Impure Public Goods, David W. Barnes Sep 2011

Congestible Intellectual Property And Impure Public Goods, David W. Barnes

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Gone But Not Forgotten: When Privacy, Policy And Privilege Collide, Louise L. Hill Sep 2011

Gone But Not Forgotten: When Privacy, Policy And Privilege Collide, Louise L. Hill

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Putting A Lid On Online Dumpster-Diving: Why The Fair And Accurate Credit Transactions Act Should Be Amended To Include E-Mail Receipts, Jason Fitterer Sep 2011

Putting A Lid On Online Dumpster-Diving: Why The Fair And Accurate Credit Transactions Act Should Be Amended To Include E-Mail Receipts, Jason Fitterer

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Our Generation’S Sputnik Moment: Comparing The United States’ Green Technology Pilot Program To Green Patent Programs Abroad, Kate Nuehring Sep 2011

Our Generation’S Sputnik Moment: Comparing The United States’ Green Technology Pilot Program To Green Patent Programs Abroad, Kate Nuehring

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Strategies For Trade Secrets Protection In China, J. Benjamin Bai, Guoping Da May 2011

Strategies For Trade Secrets Protection In China, J. Benjamin Bai, Guoping Da

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Role Of Dna Patents In Genetic Test Innovation And Access, Andrew S. Robertson May 2011

The Role Of Dna Patents In Genetic Test Innovation And Access, Andrew S. Robertson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Timing The Choice Of Law By Contract, Dolly Wu May 2011

Timing The Choice Of Law By Contract, Dolly Wu

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Prometheus Laboratories V. Mayo Clinic’S Gift To The Biotech Industry: A Study Of Patent-Eligibility Of Medical Treatment And Diagnostic Methods After Bilski, Dan Hoang May 2011

Prometheus Laboratories V. Mayo Clinic’S Gift To The Biotech Industry: A Study Of Patent-Eligibility Of Medical Treatment And Diagnostic Methods After Bilski, Dan Hoang

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


“I’M Litigatin’ It”: Infringement, Dilution, And Parody Under The Lanham Act, Patrick Emerson May 2011

“I’M Litigatin’ It”: Infringement, Dilution, And Parody Under The Lanham Act, Patrick Emerson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


P2p File-Sharing And The Making Available War, Diana Sterk May 2011

P2p File-Sharing And The Making Available War, Diana Sterk

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Cardiac Pacemakers V. St. Jude Medical: The Federal Circuit Correctly Reins In The Reach Of U.S. Patent Law, Eric Hamp May 2011

Cardiac Pacemakers V. St. Jude Medical: The Federal Circuit Correctly Reins In The Reach Of U.S. Patent Law, Eric Hamp

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Patent Marking Estoppel And The Patent Licensee, Scott D. Locke Apr 2011

Patent Marking Estoppel And The Patent Licensee, Scott D. Locke

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Children Of Incarcerated Parents: The Child’S Constitutional Right To The Family Relationship, Chesa Boudin Jan 2011

Children Of Incarcerated Parents: The Child’S Constitutional Right To The Family Relationship, Chesa Boudin

Journal of Criminal Law and Criminology

No abstract provided.


American Policing At A Crossroads: Unsustainable Policies And The Procedural Justice Alternative, Stephen J. Schulhofer, Tom R. Tyler, Aziz Z. Huq Jan 2011

American Policing At A Crossroads: Unsustainable Policies And The Procedural Justice Alternative, Stephen J. Schulhofer, Tom R. Tyler, Aziz Z. Huq

Journal of Criminal Law and Criminology

No abstract provided.


Repudiating Death, William W. Berry Iii Jan 2011

Repudiating Death, William W. Berry Iii

Journal of Criminal Law and Criminology

No abstract provided.


The Supreme Court’S Love–Hate Relationship With Miranda, Kit Kinports Jan 2011

The Supreme Court’S Love–Hate Relationship With Miranda, Kit Kinports

Journal of Criminal Law and Criminology

No abstract provided.


Contemporary Prosecutions Of Civil Rights Era Crimes: An Argument Against Retroactive Application Of Statute Of Limitations Amendments, Michael Rowe Jan 2011

Contemporary Prosecutions Of Civil Rights Era Crimes: An Argument Against Retroactive Application Of Statute Of Limitations Amendments, Michael Rowe

Journal of Criminal Law and Criminology

No abstract provided.


Deviance, Risk, And Law: Reflections On The Demand For The Preventive Detention Of Suspected Terrorists, Joseph Margulies Jan 2011

Deviance, Risk, And Law: Reflections On The Demand For The Preventive Detention Of Suspected Terrorists, Joseph Margulies

Journal of Criminal Law and Criminology

No abstract provided.


Policing The Ratings Agencies: The Case For Stronger Criminal Disincentives In The Credit Rating Market, David A. Maas Jan 2011

Policing The Ratings Agencies: The Case For Stronger Criminal Disincentives In The Credit Rating Market, David A. Maas

Journal of Criminal Law and Criminology

No abstract provided.


Representing Noncitizens In Criminal Proceedings: Resolving Unanswered Questions In Padilla V. Kentucky, Kara B. Murphy Jan 2011

Representing Noncitizens In Criminal Proceedings: Resolving Unanswered Questions In Padilla V. Kentucky, Kara B. Murphy

Journal of Criminal Law and Criminology

No abstract provided.


Redistributive Policing, Nirej S. Sekhon Jan 2011

Redistributive Policing, Nirej S. Sekhon

Journal of Criminal Law and Criminology

No abstract provided.


Sex Trafficking And The Sex Industry: The Need For Evidence-Based Theory And Legislation, Ronald Weitzer Jan 2011

Sex Trafficking And The Sex Industry: The Need For Evidence-Based Theory And Legislation, Ronald Weitzer

Journal of Criminal Law and Criminology

No abstract provided.


Ten Angry Men: Unanimous Jury Verdicts In Criminal Trials And Incorporation After Mcdonald, Kate Riordan Jan 2011

Ten Angry Men: Unanimous Jury Verdicts In Criminal Trials And Incorporation After Mcdonald, Kate Riordan

Journal of Criminal Law and Criminology

No abstract provided.


“No” Still Means “Yes”: The Failure Of The “Non-Consent” Reform Movement In American Rape And Sexual Assault Law, John F. Decker, Peter G. Baroni Jan 2011

“No” Still Means “Yes”: The Failure Of The “Non-Consent” Reform Movement In American Rape And Sexual Assault Law, John F. Decker, Peter G. Baroni

Journal of Criminal Law and Criminology

No abstract provided.


Why Does The Complainant Always Win At The Wto?: A Reputation-Based Theory Of Litigation At The World Trade Organization, Matthew C. Turk Jan 2011

Why Does The Complainant Always Win At The Wto?: A Reputation-Based Theory Of Litigation At The World Trade Organization, Matthew C. Turk

Northwestern Journal of International Law & Business

World Trade Organization (WTO) litigation presents an empirical puzzle: complaining parties "win" close to 90 percent of cases, while standard theories of litigation predict a strong tendency towards a 50 percent plaintiff win-rate. This Article explains the high win-rate by examining the reputational costs and benefits of filing a case. The WTO's lack of centralized enforcement means that the consequence of a judgment is merely to disseminate information that alters a party's reputation for compliance with its trade obligations. Such a "reputational sanction" applies to both losing respondents and complainants. The result is that only cases with a very high …


Making Wto Sps Dispute Settlement Work: Challenges And Practical Solutions, Eric Gillman Jan 2011

Making Wto Sps Dispute Settlement Work: Challenges And Practical Solutions, Eric Gillman

Northwestern Journal of International Law & Business

The Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) represents an effort by the Members of the World Trade Organization (WTO) to balance competing interests in liberalizing trade, on one hand, and protecting human, animal, and plant life from risks posed by the free flow of goods on the other. SPS disputes center around a core question: Does the imported product at issue present a sufficiently serious threat to national health to warrant the imposition of trade-restrictive measures? Over twelve years and six disputes, panels and the Appellate Body (AB) have addressed this question by evaluating respondents' risk assessments. The …