Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Science and Technology Law (60)
- Privacy Law (36)
- Intellectual Property Law (32)
- Computer Law (28)
- Internet Law (28)
-
- Legislation (21)
- Litigation (19)
- Business Organizations Law (17)
- Jurisprudence (17)
- State and Local Government Law (15)
- Commercial Law (11)
- Constitutional Law (11)
- Consumer Protection Law (11)
- Labor and Employment Law (10)
- Courts (9)
- International Law (8)
- Legal History (8)
- Tax Law (8)
- Transnational Law (8)
- Criminal Law (7)
- Health Law and Policy (7)
- Housing Law (7)
- Legal Profession (7)
- Retirement Security Law (7)
- Administrative Law (6)
- Civil Rights and Discrimination (6)
- Evidence (6)
- First Amendment (6)
- Food and Drug Law (6)
- Keyword
- Publication
- Publication Type
Articles 1 - 30 of 118
Full-Text Articles in Law
Some Potential Casualties Of Moving Beyond The Black/White Paradigm To Build Racial Coalitions, Rogelio A. Lasso
Some Potential Casualties Of Moving Beyond The Black/White Paradigm To Build Racial Coalitions, Rogelio A. Lasso
UIC Law Open Access Faculty Scholarship
No abstract provided.
'Til Death Do Us Part ... After That, My Dear, You're On Your Own: A Practitioner's Guide To Disinheriting A Spouse In Illinois, 29 S. Ill. U. L.J. 207 (2005), Ronald Z. Domsky
'Til Death Do Us Part ... After That, My Dear, You're On Your Own: A Practitioner's Guide To Disinheriting A Spouse In Illinois, 29 S. Ill. U. L.J. 207 (2005), Ronald Z. Domsky
UIC Law Open Access Faculty Scholarship
No abstract provided.
How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossession Of Mexican Landowners In California After 1848, 52 Clev. St. L. Rev. 297 (2005), Kim D. Chanbonpin
How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossession Of Mexican Landowners In California After 1848, 52 Clev. St. L. Rev. 297 (2005), Kim D. Chanbonpin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Mercantile Stories & Postcolonial Stories-Stories Of The Code, 12 Tex. Wesleyan L. Rev. 377 (2005), Allen R. Kamp
Mercantile Stories & Postcolonial Stories-Stories Of The Code, 12 Tex. Wesleyan L. Rev. 377 (2005), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
Lawrence Beyond Gay Rights: Taking The Rationality Requirement For Justifying Criminal Statutes Seriously, 53 Drake L. Rev. 231 (2005), Donald L. Beschle
Lawrence Beyond Gay Rights: Taking The Rationality Requirement For Justifying Criminal Statutes Seriously, 53 Drake L. Rev. 231 (2005), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Civil Codes And Consumers, 51 Loy. L. Rev. 11 (2005), Jason Kilborn
Civil Codes And Consumers, 51 Loy. L. Rev. 11 (2005), Jason Kilborn
UIC Law Open Access Faculty Scholarship
No abstract provided.
Calling In The Dogs: Suspicionless Sniff Searches And Reasonable Expectations Of Privacy, 56 Case W. Res. L. Rev. 285 (2005), Cecil J. Hunt Ii
Calling In The Dogs: Suspicionless Sniff Searches And Reasonable Expectations Of Privacy, 56 Case W. Res. L. Rev. 285 (2005), Cecil J. Hunt Ii
UIC Law Open Access Faculty Scholarship
No abstract provided.
Behavioral Economics, Overindebtedness & Comparative Consumer Bankruptcy: Searching For Causes And Evaluating Solutions, 22 Emory Bankr. Dev. J. 13 (2005), Jason Kilborn
UIC Law Open Access Faculty Scholarship
No abstract provided.
Some Potential Causalities Of Moving Beyond The Black/White Paradigm To Build Racial Coalitions, 12 Wash. & Lee J. Civ. Rts. & Soc. Just. 81 (2005), Rogelio A. Lasso
Some Potential Causalities Of Moving Beyond The Black/White Paradigm To Build Racial Coalitions, 12 Wash. & Lee J. Civ. Rts. & Soc. Just. 81 (2005), Rogelio A. Lasso
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Politics Of Misconduct: Rethinking How We Regulate Lawyer-Politicians, 57 Rutgers L. Rev. 839 (2005), Kevin Hopkins
The Politics Of Misconduct: Rethinking How We Regulate Lawyer-Politicians, 57 Rutgers L. Rev. 839 (2005), Kevin Hopkins
UIC Law Open Access Faculty Scholarship
No abstract provided.
La Responsabilisation De L'Economie: What The United States Can Learn From The New French Law On Consumer Overindebtedness, 26 Mich. J. Int'l L. 619 (2005), Jason Kilborn
UIC Law Open Access Faculty Scholarship
No abstract provided.
Unmasking The Predatory Loan In Sheep's Clothing: A Legislative Proposal, 21 Harv. Blackletter L. J. 129 (2005), Debra Pogrund Stark
Unmasking The Predatory Loan In Sheep's Clothing: A Legislative Proposal, 21 Harv. Blackletter L. J. 129 (2005), Debra Pogrund Stark
UIC Law Open Access Faculty Scholarship
No abstract provided.
Toward A More Expansive Welfare Devolution Debate, 9 Lewis & Clark L. Rev. 311 (2005), Steven D. Schwinn
Toward A More Expansive Welfare Devolution Debate, 9 Lewis & Clark L. Rev. 311 (2005), Steven D. Schwinn
UIC Law Open Access Faculty Scholarship
Leading up to and in the wake of national welfare reform, commentators, scholars, and advocates debated one of the key ingredients in the 1996 legislation: devolution of responsibility for the design and administration of welfare from the federal government to the states. Pro-devolutionists argued that devolution would create 50 state welfare experiments, would result in welfare programs tailored to the unique needs of individual states, and would lead to a race to the top in the quality of welfare programs. Anti-devolutionists argued that devolution would encourage states to compete to repel welfare recipients, to avoid becoming welfare magnets, and, ultimately, …
“Stop Me Before I Get Reversed Again”: The Failure Of Illinois Appellate Courts To Protect Their Criminal Decisions From United States Supreme Court Review, 36 Loy. U. Chi. L.J. 893 (2005), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Crawford V. Washington, The Confrontation Clause, And Hearsay: A New Paradigm For Illinois Evidence Law, 36 Loy. U. Chi. L.J. 703 (2005), Ralph Ruebner, Timothy Scahill
Crawford V. Washington, The Confrontation Clause, And Hearsay: A New Paradigm For Illinois Evidence Law, 36 Loy. U. Chi. L.J. 703 (2005), Ralph Ruebner, Timothy Scahill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Copyright & Privacy - Through The Legislative Lens, 4 J. Marshall Rev. Intell. Prop. L. 266 (2005), Marybeth Peters
Copyright & Privacy - Through The Legislative Lens, 4 J. Marshall Rev. Intell. Prop. L. 266 (2005), Marybeth Peters
UIC Review of Intellectual Property Law
The Honorable Marybeth Peters, who has served since 1994 as the Register of Copyrights for the United States Copyright Office of the Library of Congress, presented a post-election report on the legislative agenda in Washington, D.C. regarding rejected, pending and future amendments to the copyright law of the United States. Register Peters also discussed the current policy role of the United States Copyright Office and several court actions that contest the constitutionality of various provisions of the copyright law.
Copyright & Privacy - Through The Privacy Lens, 4 J. Marshall Rev. Intell. Prop. L. 273 (2005), Julie E. Cohen, David E. Sorkin, Peter P. Swire
Copyright & Privacy - Through The Privacy Lens, 4 J. Marshall Rev. Intell. Prop. L. 273 (2005), Julie E. Cohen, David E. Sorkin, Peter P. Swire
UIC Review of Intellectual Property Law
What legal tools do privacy advocates have available to defend an individual’s right to privacy? How far does this right go? How should these rights be defended—or if necessary—curtailed? What is the role of Government, of the practicing bar and of academics?
"As The Federal Circuit Turns": The Supreme Court's Consideration Of Merck V. Integra And The Safe Harbor Provision, 4 J. Marshall Rev. Intell. Prop. L. 368 (2005), Blair M. Jacobs, Christina A. Ondrick
"As The Federal Circuit Turns": The Supreme Court's Consideration Of Merck V. Integra And The Safe Harbor Provision, 4 J. Marshall Rev. Intell. Prop. L. 368 (2005), Blair M. Jacobs, Christina A. Ondrick
UIC Review of Intellectual Property Law
The Hatch-Waxman Act was enacted to balance the competing interests in the pharmaceutical marketplace between brand name and generic drug manufacturers. In the twenty years since its inception, the safe harbor provision contained in § 271(e)(1), has been interpreted to provide broad protection to those involved in research activities. However, in 2003, the Federal Circuit narrowly interpreted the safe harbor provision in a move that could potentially frustrate future research and improvements on patented technologies. Merck v. Integra is currently before the United States Supreme Court, who has the challenge of unraveling the competing interests involved. In order to encourage …
Copyright & Privacy - Through The Copyright Lens, 4 J. Marshall Rev. Intell. Prop. L. 212 (2005), Sarah B. Deutsch, Roderick G. Dorman, Michael A. Geist, Hugh C. Hansen, Howard P. Knopf, Ralph Oman, Matthew J. Oppenheim, John G. Palfrey
Copyright & Privacy - Through The Copyright Lens, 4 J. Marshall Rev. Intell. Prop. L. 212 (2005), Sarah B. Deutsch, Roderick G. Dorman, Michael A. Geist, Hugh C. Hansen, Howard P. Knopf, Ralph Oman, Matthew J. Oppenheim, John G. Palfrey
UIC Review of Intellectual Property Law
This panel examines the recent litigation by the recording industry against peer-to-peer (“P2P”) users in the U.S. and Canada. How are users’ identities being obtained? Is the process working well enough or too well? What are the technical, evidentiary, procedural, privacy and substantive copyright issues in play?
Copyright & Privacy - Through The Technology Lens, 4 J. Marshall Rev. Intell. Prop. L. 242 (2005), Michael A. Geist, Doris E. Long, Leslie Ann Reis, David E. Sorkin, Fred Von Lohmann
Copyright & Privacy - Through The Technology Lens, 4 J. Marshall Rev. Intell. Prop. L. 242 (2005), Michael A. Geist, Doris E. Long, Leslie Ann Reis, David E. Sorkin, Fred Von Lohmann
UIC Review of Intellectual Property Law
How is new technology impacting on the more general question of privacy in cyberspace? Is the original notion of an expectation of anonymity on the internet still viable? Can technology pierce through the expectation of privacy even without judicial interference? Do individuals need protection from such technology? Is there technology available to protect the individual? Should these technological tools be regulated? Should the law differentiate between various types of alleged “illegal” behavior; e.g., IP infringement, defamation, possession of pornography and terrorism? Are there international standards that can assist in regulating the intersection between technology and privacy in cyberspace?
Recent Developments In Trademark Law: Confusion, Free Speech And The Question Of Use, 4 J. Marshall Rev. Intell. Prop. L. 387 (2005), Chad J. Doellinger
Recent Developments In Trademark Law: Confusion, Free Speech And The Question Of Use, 4 J. Marshall Rev. Intell. Prop. L. 387 (2005), Chad J. Doellinger
UIC Review of Intellectual Property Law
The Supreme Court’s continued trend of refining trademark rights combined with a new concern for free speech and expression brings current and unresolved trademark issues to light. The large amount of activity in the development of trademark law in 2004 has brought additional uncertainty to trademark law. This article discusses recent Supreme Court trademark jurisprudence refining trademark rights, the development of recent trademark dilution cases, the role of use in commerce as applied to internet search engines and keyword issues, and the emphasis on free speech and expression.
Transaction Costs And Antitrust Concerns In The Licensing Of Intellectual Property, 4 J. Marshall Rev. Intell. Prop. L. 325 (2005), Richard A. Posner
Transaction Costs And Antitrust Concerns In The Licensing Of Intellectual Property, 4 J. Marshall Rev. Intell. Prop. L. 325 (2005), Richard A. Posner
UIC Review of Intellectual Property Law
High transaction costs incurred in the licensing of intellectual property create a pressure on legal principles ranging from the fair use doctrine of copyright law to the tying doctrine in antitrust law. It appears, with some exceptions, that antitrust law is imposing excessive restrictions on the licensing of intellectual property. The effect of these restrictions, combined with the high transaction costs inherent in the licensing of intellectual property, is to prevent the maximally efficient allocation of IP resources.
Copyright & Privacy - Through The Wide-Angle Lens, 4 J. Marshall Rev. Intell. Prop. L. 285 (2005), William W. Fisher Iii, Howard P. Knopf, Fred Von Lohmann, William B.T. Mock, Marybeth Peters, R. Anthony Reese
Copyright & Privacy - Through The Wide-Angle Lens, 4 J. Marshall Rev. Intell. Prop. L. 285 (2005), William W. Fisher Iii, Howard P. Knopf, Fred Von Lohmann, William B.T. Mock, Marybeth Peters, R. Anthony Reese
UIC Review of Intellectual Property Law
Some have proposed “alternative compensation schemes” as a means of compensating copyright owners and creators for P2P activity while avoiding litigation. Some have proposed a streamlined dispute resolution system that would allow for enforcement in a manner analogous to the UDRP model. Others question whether private copying should necessarily be viewed as illegal and whether any alternative compensation scheme is viable. With all of these proposals, the question remains as to whether “alternative compensation” is really alternative.
Copyright & Privacy - Through The Political Lens, 4 J. Marshall Rev. Intell. Prop. L. 306 (2005), William W. Fisher Iii, Hugh C. Hansen, Christopher Jay Hoofnagle, Howard P. Knopf, Declan Mccullagh, Ralph Oman, Matthew J. Oppenheim
Copyright & Privacy - Through The Political Lens, 4 J. Marshall Rev. Intell. Prop. L. 306 (2005), William W. Fisher Iii, Hugh C. Hansen, Christopher Jay Hoofnagle, Howard P. Knopf, Declan Mccullagh, Ralph Oman, Matthew J. Oppenheim
UIC Review of Intellectual Property Law
Veteran beltway players discuss the politics of P2P technology and Privacy. How far can or should Congress go? Can the United States export its values or its laws in this area? Are content owners in a losing Luddite struggle? What is the role of litigators, lobbyists and legislators in this war?
Gonna Wash That Right Of Publicity Right Out Of My Hair –Life After Toney V. L’Oreal, 4 J. Marshall Rev. Intell. Prop. L. 349 (2005), Edwin F. Mcpherson
Gonna Wash That Right Of Publicity Right Out Of My Hair –Life After Toney V. L’Oreal, 4 J. Marshall Rev. Intell. Prop. L. 349 (2005), Edwin F. Mcpherson
UIC Review of Intellectual Property Law
There were very few problems with preemption of the state right of publicity by the Copyright Act; that is, until the Seventh Circuit changed everything in Toney v.L’Oreal U.S.A., Inc. This article focuses on the Toney case, the Baltimore Orioles,Inc. v. Major League Basball Players Association case that spawned Toney, and the devastating effect the law from these cases will have on the right of publicity, the entertainment industry as a whole, and many other areas of civil and criminal law, if Toney is allowed to stand.
Intellectual Property Implications In A Virtual Reality Environment, 4 J. Marshall Rev. Intell. Prop. L. 483 (2005), Timir Chheda
Intellectual Property Implications In A Virtual Reality Environment, 4 J. Marshall Rev. Intell. Prop. L. 483 (2005), Timir Chheda
UIC Review of Intellectual Property Law
What will become of intellectual property interests in a world where virtual reality is a fact of life? To ponder this question we must step back from the sophisticated judicially created tests built around a framework of policy suited for modern reality and first consider whether such policy is viable given a virtual reality environment. Only then may we consider if the tests appropriately further such policy, and if not, modify the tests accordingly. This comment considers the policy and tests implicated when copyright, trademark, and patent law pass through the looking-glass and enter the realm of virtual reality.
Reforming Patent Law Reform, 4 J. Marshall Rev. Intell. Prop. L. 336 (2005), Donald S. Chisum
Reforming Patent Law Reform, 4 J. Marshall Rev. Intell. Prop. L. 336 (2005), Donald S. Chisum
UIC Review of Intellectual Property Law
The current proposals to change the patent laws are described by proponents as patent law “reform.” In the 215 year history of the United States patent system, Congress has rarely purported to “reform” the system. Indeed, I am not sure that it has ever done so since the 1836 Act—or even since the 1793 Act. If we are to have “reform,” Congress should reform the system for the better of all concerned according to neutral principles.
Placing The Burden Back Where It Belongs: A Proposal To Eliminate The Affirmative Duty From Willful Infringement Analyses, 4 J. Marshall Rev. Intell. Prop. L. 509 (2005), Kevin J. Kelly
UIC Review of Intellectual Property Law
In order to further the objective of the patent system and maximize the public’s incentive to innovate, it is imperative that the patent laws maintain a balance between the interests of patent owners in excluding others from their patents and the interests of society in the continual progress of technology. The current law in willful infringement analysis upsets this balance with the affirmative duty of due care, which shifts the burden of proof in patent infringement suits from the plaintiff to the alleged infringer. The affirmative duty places a heavy burden on the public and is inconsistent with various common …
Congress Wants To Give The Riaa Control Of Your Ipod: How The Induce Act Chills Innovation And Abrogates Sony, 4 J. Marshall Rev. Intell. Prop. L. 534 (2005), Michael Raucci
UIC Review of Intellectual Property Law
The addition of “active inducement” to the Copyright Act would compliment the doctrine of contributory liability by punishing those who actively encourage copyright infringement. Actively inducing infringement can include advertising an infringing use or other affirmative acts. Therefore, active inducement provides a technology-neutral standard that would not look to punish bad technology but rather bad actions by the technology distributor. In contrast, the reasonable person standard of the Inducing Infringement of Copyright Act of 2004 (“Induce Act”) permits an inappropriate extension of the exclusive rights given to copyright holders by lowering the threshold for litigation. Consequently, the Induce Act improperly …
University Of Rochester V. G.D. Searle & Co.: Writing On The Wall, 4 J. Marshall Rev. Intell. Prop. L. 406 (2005), N. Scott Pierce
University Of Rochester V. G.D. Searle & Co.: Writing On The Wall, 4 J. Marshall Rev. Intell. Prop. L. 406 (2005), N. Scott Pierce
UIC Review of Intellectual Property Law
In patent law, the first paragraph of 35 U.S.C. § 112 is currently interpreted to include a written description requirement that is distinct from the requirement of enabling a person skilled in the art to make and use an invention. However, analyses of patent specifications under the “written description requirement” have relied on determinations of whether one skilled in the art would comprehend the scope of the claimed invention in view of the description provided, in effect continuing use of enablement as the statutory threshold for description purposes. The Court of Appeals for the Federal Circuit in University of Rochester …