Law Commons^™

Do-Not-Track As Default, Joshua A.T. Fairfield

Northwestern Journal of Technology and Intellectual Property

Do-Not-Track is a developing online legal and technological standard that permits consumers to express their desire not to be tracked by online advertisers. Do-Not-Track has the ability to change the relationship between consumers and advertisers in the information market. Everything will depend on implementation. The most effective way to allow users to achieve their privacy preferences is to implement Do-Not-Track as a default feature.

The World Wide Web Consortium’s (W3C) standard setting body for Do-Not-Track has, however, endorsed a corrosive standard in its Tracking Preferences Expression (TPE) draft. This standard requires consumers to set their privacy preference by hand. This …

The Dog Days Of Fourth Amendment Jurisprudence, Kit Kinports

NULR Online

No abstract provided.

Heavyweight Bots In The Clouds: The Wrong Incentives And Poorly Crafted Balances That Lead To The Blocking Of Information Online, Anjanette H. Raymond

Northwestern Journal of Technology and Intellectual Property

The United States and the European Union have long recognized the need to protect ISPs from potential liability from customers using their services to infringe intellectual property rights. These protections arise from a long-standing belief that intellectual property right holders should bear the burden of protecting their property, even in the quick moving Internet environment. However, a recent series of cases has called into question the ISPs’ liability protections as their technology is often the only real means to prevent wide scale infringing activity. This series has caused courts to revisit ISPs’ liability and to impose a ‘cooperative burden’ requiring …

Patent Claims Revisited, Dargaye Churnet

Northwestern Journal of Technology and Intellectual Property

This paper proposes that the most beneficial patent reform begins with claim drafting regulations. Part I serves as an introduction. Part II highlights the problems with the nation’s current patent system. This section discusses how each of these problems is caused in part by the current claim drafting regulations. Part III reviews the changes made by the America Invents Act. Part IV proposes new regulations for claim drafting that will offer more significant benefits than those provided by the America Invents Act. Specifically, this paper argues that by requiring applicants to include a claim chart defining each claim limitation, examiners …

See No Evil: How The Supreme Court’S Decision In Global-Tech Appliances, Inc. V. Seb S.A. Further Muddles The Intent Element Of Induced Infringement, Jeremy Adler

Northwestern Journal of Technology and Intellectual Property

The Supreme Court in Global-Tech Appliances, Inc. v. SEB S.A. clarified the requisite intent for induced patent infringement when it applied the concept of willful blindness. This Article argues that the Court’s decision was misguided and complicates an already confused doctrine. The Article first explores inducement jurisprudence up to and including the Global-Tech decision, and then reviews the doctrine of willful blindness and its application in the criminal context. The Author then argues that using willful blindness in the patent context creates practical and theoretical difficulties that only deepen uncertainty for innovators who seek to avoid infringement liability.

The Orphan Drug Act: How The Fda Unlawfully Usurped Market Exclusivity, Sumin Kim

Northwestern Journal of Technology and Intellectual Property

The Board of KV Pharmaceutical bet the company on the success of Makena®, a pre-term birth drug. However, in the midst of a public outcry over the excessive pricing of Makena®, the FDA declared that it would not honor the market exclusivity that KV Pharmaceutical had obtained for Makena® under the Orphan Drug Act. As a result, KV Pharmaceutical filed for Chapter 11 bankruptcy. This Note analyzes the situation under the lens of the Takings Clause of the Fifth Amendment. Specifically, I argue that market exclusivity for Makena® was private property and thus, the FDA unlawfully usurped KV Pharmaceutical’s private …

The Definite Article: The D.C. Circuit's Redefinition Of Recess Appointments, Jeff Vandam

NULR Online

No abstract provided.

It's Time For An Immigration Jury, Daniel I. Morales

NULR Online

No abstract provided.

Atrocity Crimes Litigation Year-In-Review Conference 2011, Phil Sandick

Northwestern Journal of Human Rights

No abstract provided.

Delegating Investigations: Lessons To Be Learned From The Lubanga Judgment, Caroline Buisman

Northwestern Journal of Human Rights

No abstract provided.

Icty In The Year 2011: Atrocity Crime Litigation Review For The Year 2011, Elena Baca, Kevin Jacopchek, Kristin Leasia, Matthew Young, Jiayi Yue

Northwestern Journal of Human Rights

No abstract provided.

Provisional Release At The Icty: Rights Of The Accused And The Debate That Amended A Rule, Raphael Sznajder

Northwestern Journal of Human Rights

No abstract provided.

Atrocity Crimes Litigaton: Year-In-Review (2011) Conference Abridged Transcript, David Scheffer

Northwestern Journal of Human Rights

No abstract provided.

A Janus Look At International Criminal Justice, Diane Marie Amann

Northwestern Journal of Human Rights

No abstract provided.

Superior Responsibility, Inferior Sentencing: Sentencing Practice At The International Criminal Tribunals, Christine Bishai

Northwestern Journal of Human Rights

No abstract provided.

Icc In The Year 2011: Atrocity Crime Litigation Review For The Year 2011, Ashagrie Abdi, Jessica Dwinell, Kelly Hamren Anderson, Jamie Liebert, Puspa Pokharel

Northwestern Journal of Human Rights

No abstract provided.

Ictr In The Year 2011: Atrocity Crime Litigation Review For The Year 2011, Elena Baca, Jessica Dwinell, Chang Liu, Joy Mcclellan Dineo, Alexandra Mcdonald, Takeshi Yoshida

Northwestern Journal of Human Rights

No abstract provided.

Stl In The Year 2011: Atrocity Crime Litigation Review For The Year 2011, Kelsey Green, Michael Novak

Northwestern Journal of Human Rights

No abstract provided.

Eccc In The Year 2011: Atrocity Crime Litigation Review For The Year 2011, Melissa Hindman, Victoria Jiha Lee, Alice Lin

Northwestern Journal of Human Rights

No abstract provided.

Scsl In The Year 2011: Atrocity Crime Litigation Review For The Year 2011, William Magenya, Paulina Paz Zavala, Regina Trillo

Northwestern Journal of Human Rights

No abstract provided.

Chief Justice Roberts's Individual Mandate: The Lawless Medicine Of Nfib V. Sebelius, Gregory P. Magarian

NULR Online

No abstract provided.

Race And Gender On The Bench: How Best To Achieve Diversity In Judicial Selection, Constance A. Anastopoulo, Daniel J. Crooks Iii

Northwestern Journal of Law & Social Policy

How can states increase diversity on the bench? This article begins by presuming that increasing racial and gender diversity is a worthy goal—among other positive results, a diverse bench increases the judicial system’s perceived legitimacy by increasing a diverse citizenry’s confidence that judges will treat them fairly and impartially. Next we examine the unique judicial selection systems of South Carolina and Virginia—where the entire process is controlled exclusively by the state legislature—and reach the counterintuitive conclusion that these systems actually increase judicial diversity very effectively when compared with the systems of other states. Finally, we propose four specific reforms to …

'Til Death Do Us Part: The Difficulties Of Obtaining A Same-Sex Divorce, Ellen Shapiro

Northwestern Journal of Law & Social Policy

This Article explores a problem faced by many wedded same-sex couples: the difficulty in obtaining a divorce. Suppose two men from Pennsylvania travel to Massachusetts to obtain a marriage license and return to Pennsylvania shortly thereafter. If their marriage breaks down, the couple will be unable to divorce in the state because Pennsylvania refuses to recognize the marriage for any purpose. Moreover, due to Massachusetts’ residency requirement, the couple cannot simply travel back to Massachusetts to divorce. Because this problem is in part encouraged by state mini-DOMAs, and the Supreme Court has the opportunity to rule on DOMA’s constitutionality, this …

Does Research With Children Violate The Best Interests Standard? An Empirical And Conceptual Analysis, Seema Shah

Northwestern Journal of Law & Social Policy

Even as research with children has increasingly been recognized as urgently needed for generating effective treatments for childhood diseases, drug formulations for infants and young children, and dosages appropriate for children, it has remained controversial. Scholars have engaged in heated debates over whether non-beneficial research with children is morally and legally justified. On one point, however, there has been agreement: Whether they support or criticize pediatric research, commentators generally assume that pediatric research should be justified under the “best interests of the child” legal standard. This assumption not only threatens important research and public health interventions, but it is also …

Multilingual Prospective Jurors: Assessing California Standards Twenty Years After Hernandez V. New York, Farida Ali

Northwestern Journal of Law & Social Policy

This Article explores the ramifications of linguistically motivated peremptory challenges against multilingual prospective jurors in California in the twenty years since such challenges were legitimatized under Hernandez v. New York. An examination of state and federal case law reveals that the pretext analysis for reviewing Hernandez-based peremptory challenges remains both an arbitrary and a flawed tool that California courts have, nevertheless, been reluctant to second-guess. This problem is particularly acute in California because it is home to the largest multilingual population in the United States, with 43% of Californians speaking a language other than English. California, therefore, provides …

The Asylum Claim For Victims Of Attempted Trafficking, Kelly Karvelis

Northwestern Journal of Law & Social Policy

The state of the law regarding refugees in the United States has been characterized in the recent past by inconsistent rulings among the Circuit Courts, and narrow applications of the Immigration and Nationality Act of 1952, which provides the basis for asylum eligibility. In the midst of this sometimes-contradictory application of the INA, victims of attempted sex trafficking (those who have faced threats or attempts by sex traffickers to force them into sexual slavery) have consistently been rejected for asylum by U.S. courts. Federal courts have uniformly denied these asylum claims by ruling that these victims do not meet the …

Preventing A Return To Twilight And Straitjackets: Using The Patient Protection And Affordable Care Act As A Starting Point For Evidence-Based Obstetric Reform In The United States, Alexius Cruz O'Malley

Northwestern Journal of Law & Social Policy

The United States has the most medicalized approach to childbirth of any nation in the world. Women in the United States have a greater lifetime risk of dying due to pregnancy-related complications than women in forty other developed nations. Babies born in the United States have a higher risk of dying within the first months of life than babies born in the forty other countries. Poor outcomes combined with costly, procedure-intensive care have been labeled the “perinatal paradox: doing more and accomplishing less.” Inspired by her own pregnancy and childbirth experience, the Author explores this “perinatal paradox” and the state …

Erie's International Effect: A Reply, Donald Earl Childress Iii

NULR Online

No abstract provided.

Catch Twentywu The Oral Argument In Fisher V. University Of Texas And The Obfuscation Of Critical Mass, Sheldon Bernard Lyke

NULR Online

No abstract provided.

The Original Public Meaning Of The Foreign Emoluments Clause: A Reply To Professor Zephyr Teachout, Seth Barrett Tillman

NULR Online

No abstract provided.