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Articles 31 - 60 of 64
Full-Text Articles in Law
The Use Of Automatic Collateral Evaluation Products In Residential Mortgage Transactions: Big Banks Use Them As Bait To Trap Consumers Into Risky Mortgages, 52 Uic J. Marshall L. Rev. 395 (2019), Roksana Gallus
UIC Law Review
No abstract provided.
Are Carve-Outs Killing The Spirit Of Sanctuary Cities? A Comparative Analysis Of Chicago And Oak Park’S Sanctuary Policies, 52 Uic J. Marshall L. Rev. 395 (2019), Ana Torres
UIC Law Review
In the United States, undocumented immigrants often shy away from accessing public services due to fear of deportation. Chicago and Oak Park have passed ordinances commonly known as “sanctuary policies,” which seek to promote trust between immigrant communities and local law enforcement in order to lower crime rates and increase public safety. The rationale is that undocumented immigrants will feel more confident to report crimes and utilize public and social services without fear of repercussions. Sanctuary policies strive to create basic protections for undocumented immigrants at a local level by limiting cooperation with the federal government. However, many sanctuary policies …
An Inflection Point For Affordable Housing: The Promise Of Inclusionary Mixed-Use Redevelopment, 52 Uic J. Marshall L. Rev. 581 (2019), Paula Franzese
An Inflection Point For Affordable Housing: The Promise Of Inclusionary Mixed-Use Redevelopment, 52 Uic J. Marshall L. Rev. 581 (2019), Paula Franzese
UIC Law Review
No abstract provided.
Repurposing Golf Courses And Other Amenities That Burden The Land: Covenants Running Forever – A Transactional Perspective, 52 Uic J. Marshall L. Rev. 603 (2019), Celeste Hammond
UIC Law Review
No abstract provided.
A Rational Nexus Approach To Workforce Housing Land Development Conditions, 52 Uic J. Marshall L. Rev. 647 (2019), James Nicholas, Julian Juergensmeyer
A Rational Nexus Approach To Workforce Housing Land Development Conditions, 52 Uic J. Marshall L. Rev. 647 (2019), James Nicholas, Julian Juergensmeyer
UIC Law Review
No abstract provided.
Conservation Easements & Their Critics: Is Perpetuity Truly Forever…And Should It Be?, 52 Uic J. Marshall L. Rev 677 (2019), Richard Roddewig
Conservation Easements & Their Critics: Is Perpetuity Truly Forever…And Should It Be?, 52 Uic J. Marshall L. Rev 677 (2019), Richard Roddewig
UIC Law Review
No abstract provided.
Inflection Point: Private Land Use Covenants, The Housing Crisis, And The Warming Planet, 52 Uic J. Marshall L. Rev 741 (2019), Susan French
Inflection Point: Private Land Use Covenants, The Housing Crisis, And The Warming Planet, 52 Uic J. Marshall L. Rev 741 (2019), Susan French
UIC Law Review
No abstract provided.
Public And Private Land Development Conditions: An Overview, 52 Uic J. Marshall L. Rev 747 (2019), David Callies
Public And Private Land Development Conditions: An Overview, 52 Uic J. Marshall L. Rev 747 (2019), David Callies
UIC Law Review
No abstract provided.
Addressing Illinois’ Recidivism Rate: The Newly Reformed Texas Correctional System And The Need For Expansion To Illinois, 52 Uic J. Marshall L. Rev 835 (2019), Nichole Jerrick
UIC Law Review
No abstract provided.
Construing The Pollution Exclusion In Illinois, 52 Uic J. Marshall L. Rev 805 (2019), Robert Hartzer
Construing The Pollution Exclusion In Illinois, 52 Uic J. Marshall L. Rev 805 (2019), Robert Hartzer
UIC Law Review
No abstract provided.
Legal Discrimination Against Organ Transplant Candidates: Medicinal Marijuana And The Double-Edged Sword, 52 Uic J. Marshall L. Rev. 859 (2019), Kyle Jorgensen
Legal Discrimination Against Organ Transplant Candidates: Medicinal Marijuana And The Double-Edged Sword, 52 Uic J. Marshall L. Rev. 859 (2019), Kyle Jorgensen
UIC Law Review
No abstract provided.
Prejudicial Routine Shackling Of Defendants Without Proper Judicial Assessment During Pretrial: A Fifth And Fourteenth Amendment Violation, 52 Uic J. Marshall L. Rev 881 (2019), Thushan Sabaratnam
Prejudicial Routine Shackling Of Defendants Without Proper Judicial Assessment During Pretrial: A Fifth And Fourteenth Amendment Violation, 52 Uic J. Marshall L. Rev 881 (2019), Thushan Sabaratnam
UIC Law Review
No abstract provided.
Justice Anthony Kennedy As Senior Associate Justice: Influence And Impact, 53 Uic J. Marshall L. Rev. 907 (2019), Charles Jacob, Christopher Smith
Justice Anthony Kennedy As Senior Associate Justice: Influence And Impact, 53 Uic J. Marshall L. Rev. 907 (2019), Charles Jacob, Christopher Smith
UIC Law Review
No abstract provided.
On Academic Tenure And Democracy: The Politics Of Knowledge, 53 Uic J. Marshall L. Rev. 937 (2019), Sara Dillon
On Academic Tenure And Democracy: The Politics Of Knowledge, 53 Uic J. Marshall L. Rev. 937 (2019), Sara Dillon
UIC Law Review
No abstract provided.
Understanding International Tax Avoidance And Tax Evasion Post-Tcja, 53 Uic J. Marshall L. Rev. 975 (2019), Jennifer Waclawik
Understanding International Tax Avoidance And Tax Evasion Post-Tcja, 53 Uic J. Marshall L. Rev. 975 (2019), Jennifer Waclawik
UIC Law Review
No abstract provided.
They Hate U.S. For Our War Crimes: An Argument For U.S. Ratification Of The Rome Statute In Light Of The Post-Human Rights Era, 53 Uic J. Marshall. L. Rev. 1011 (2019), Michael Drake
UIC Law Review
No abstract provided.
“Border”Line Outrageous: How Riley Has Set The Circuits At War Over Border Search Exception, 53 Uic J. Marshall L. Rev. 1057 (2019), Elizabeth Toft
“Border”Line Outrageous: How Riley Has Set The Circuits At War Over Border Search Exception, 53 Uic J. Marshall L. Rev. 1057 (2019), Elizabeth Toft
UIC Law Review
No abstract provided.
Changing The Ncaa’S “Year-In-Residency” Rule: Narrowing Supreme Court Precedent From Below, 53 Uic J. Marshall L. Rev. 1085 (2019), Evan Kanz
UIC Law Review
No abstract provided.
Climate Change Limitations Of The Legal System In Addressing The Threats, Iafor International Conference On Sustainability, Energy & The Environment 2019, Celeste M. Hammond
Climate Change Limitations Of The Legal System In Addressing The Threats, Iafor International Conference On Sustainability, Energy & The Environment 2019, Celeste M. Hammond
UIC Law Open Access Faculty Scholarship
Climate Change Limitations of the Legal System in Addressing the Threats, IAFOR International Conference on Sustainability, Energy & the Environment 2019
People V Dunn Opening Brief, J. Damian Ortiz
People V Dunn Opening Brief, J. Damian Ortiz
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Uncertain Protection Of "Derivative" Trade Secrets, 18 J. Marshall Rev. Intell. Prop. L. 241 (2019), Benjamin Bradford, Remi Jaffre
The Uncertain Protection Of "Derivative" Trade Secrets, 18 J. Marshall Rev. Intell. Prop. L. 241 (2019), Benjamin Bradford, Remi Jaffre
UIC Review of Intellectual Property Law
This article discusses when a trade secret misappropriation claim can be premised on the acquisition, disclosure, or use of a product or method derived from a trade secret, rather than the acquisition, disclosure, or use of a trade secret itself. Although this question is likely to take on increasing importance as digital products that were made through the use of trade secrets and that can easily be copied become a larger part of everyday life, courts have rarely focused on it and have not come to any consensus. In this article, we survey the existing, inconsistent case law and analyze …
The Golden Claims: Necessary Support For Nonprovisional Application Prior Art References To Be Granted Provisional Application Filing Dates During Inter Partes Review Proceedings, 18 J. Marshall Rev. Intell. Prop. L. 326 (2019), Madison Makeever
UIC Review of Intellectual Property Law
Whether to beat an impending disclosure, disclose the most information possible, or simply to get the earliest possible filing date, provisional patent applications are a beneficial way to protect your patent rights. The few formal and statutory requirements allow provisionals to be prepared on a rush basis. The Federal Circuit held in 2017 that published nonprovisional applications can constitute prior art as of its provisional filing date but only as to elements in the application. However, ambiguity regarding published applications in the Federal Circuit’s 2015 precedent for awarding a patent it’s provisional filing date may lead to increased patent invalidation …
There Has Been An Infringement Of My Work And My Circuit Does Not Allow Me To Sue! The Time Has Come To Hash-Out The Federal Circuit Court Discrepancy On Copyright Registration, 18 J. Marshall Rev. Intell. Prop. L. 344 (2019), Thomas Placzek
UIC Review of Intellectual Property Law
The time has come to relieve the ambiguity created by the continued lack of consensus regarding the proper interpretation of 17 U.S.C. § 411(a). The persistent split amongst the various Federal Courts regarding the meaning of § 411(a)’s registration requirement allows some fortunate artists to immediately enforce their rights in a number of jurisdictions, while artists from other jurisdictions are prohibited from immediately enforcing the same rights. Several circuit and district courts subscribe to the “application approach,” while others employ the “registration approach.” This comment delves into the rationale behind the respective approaches, and discusses the arguments made for and …
Intersection Of Antitrust Laws With Evolving Frand Terms In Standard Essential Patent Disputes, 18 J. Marshall Rev. Intell. Prop. L. 259 (2019), Claire Guo
UIC Review of Intellectual Property Law
This article addresses the issues of overlapping enforcement of antitrust laws and FRAND (Fair, reasonable and non-discriminatory terms) in standard essential disputes. Briefly, this article observes that the evolving FRAND terms will affect the degree that antitrust laws may intervene into SEP license practice. Part I of this article is a brief introduction to the background and main sections. Part II describes the evolvement of FRAND into a globally converged standard of royalty determination and a process through joint efforts of global courts. Part III discusses the changing interaction of FRAND with antitrust laws in three major jurisdictions, respectively China, …
Nationalizing Trips: An Examination Through Exceptions, 18 J. Marshall Rev. Intell. Prop. L. 285 (2019), Evan Tallmadge
Nationalizing Trips: An Examination Through Exceptions, 18 J. Marshall Rev. Intell. Prop. L. 285 (2019), Evan Tallmadge
UIC Review of Intellectual Property Law
What should not be patentable? The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) codifies certain categories of subject matter that nations can exclude from patent protection. This Article examines how nations have interpreted these exclusions through an analysis of their national manuals of patent examining procedure and more importantly what explicit exceptions to patentability these countries have listed. The Article proceeds to analyze both the similarities and differences in approaches towards exclusions that attempt to ban the same subject matter from patentability and differences in what countries have chosen to bar from patenting. The Article concludes with an …
A Tale Of Two Pioneers: Trademarking A Tattoo, 18 J. Marshall Rev. Intell. Prop. L. 400 (2019), Jeanette Braun
A Tale Of Two Pioneers: Trademarking A Tattoo, 18 J. Marshall Rev. Intell. Prop. L. 400 (2019), Jeanette Braun
UIC Review of Intellectual Property Law
This is a short article written in a creative style that narrates the story of the first tattoo that was federally registered as a trademark.
Abstraction In Software Patents (And How To Fix It), 18 J. Marshall Rev. Intell. Prop. L. 364 (2019), Athul Acharya
Abstraction In Software Patents (And How To Fix It), 18 J. Marshall Rev. Intell. Prop. L. 364 (2019), Athul Acharya
UIC Review of Intellectual Property Law
Software has long posed a quandary for patent law. As many have observed, software is an abstract technology—but abstract ideas are supposedly ineligible for patenting. This Article explores just what that means, what it doesn’t mean, and what might fix the problem of abstraction in software patents. This Article offers two related ways to understand the abstract nature of software. First, computer science defines itself as a “science of abstraction,” and that self-definition finds real doctrinal purchase. Second, software code is designed to be what the doctrine calls “functional”—to describe abstract results that can be executed on heterogenous hardware without …
The F Word - An Early Empirical Study Of Trademark Registration Of Scandalous And Immoral Marks In The Aftermath Of The In Re Brunetti Decision, 18 J. Marshall Rev. Intell. Prop. L. 404 (2019), Vicenc Feliu
UIC Review of Intellectual Property Law
This article seeks to create an early empirical benchmark on registrations of marks that would have failed registration as “scandalous” or “immoral” under Lanham Act Section 2(a) before the Court of Appeals for the Federal Circuit’s In re Brunetti decision of December 2017 and to briefly examine the possible outcome of the Supreme Court’s grant of certiorari on that case. The Brunetti decision followed closely behind the Supreme Court’s Matal v. Tam and put an end to examiners denying registration on the basis of Section 2(a). In Tam, the Supreme Court reasoned that Section 2(a) embodied restrictions on free speech, …
Insolvency And Trademarks: How The Bankruptcy Code's Treatment Of Trademarks Promotes Naked Licensing, 18 J. Marshall Rev. Intell. Prop. L. 475 (2019), Michael Hopkins
Insolvency And Trademarks: How The Bankruptcy Code's Treatment Of Trademarks Promotes Naked Licensing, 18 J. Marshall Rev. Intell. Prop. L. 475 (2019), Michael Hopkins
UIC Review of Intellectual Property Law
In 1988, Congress amended § 365 of the Bankruptcy Code, which deals with the rejection of executory contracts, in order to allow intellectual property licensees to retain usage rights. However, this amendment did not include adding trademarks to the Bankruptcy Code’s definition of “intellectual property.” As such, Circuit Courts are divided on what remedies are available to trademark licensees following a licensor’s rejection of their agreement. Recently, the circuit split escalated when the First Circuit decided Mission Product Holdings, Inc. v. Tempnology, LLC, which was inconsistent with the Seventh Circuit’s 2014 holding in Sunbeam Products, Inc. v. Chicago American Manufacturing. …
Patent Infringement Under 35 U.S.C. § 271(G) For Goods Made In The United States, 19 Uic Rev. Intell. Prop. L. 64 (2019), Peter Hecker
Patent Infringement Under 35 U.S.C. § 271(G) For Goods Made In The United States, 19 Uic Rev. Intell. Prop. L. 64 (2019), Peter Hecker
UIC Review of Intellectual Property Law
Section 271(g) filled a loophole that allowed companies to escape patent infringement by producing goods overseas and then importing them. In filling this loophole, Congress may have unintentionally broadened patent liability for the production and use of goods in the United States. This paper discusses important ramifications of this broadened language and encourages the Federal Circuit or Congress to clarify the extent of patent infringement under Section 271(g).