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Chicago-Kent College of Law

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Full-Text Articles in Law

Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, Brandon R. Magner May 2024

Whither The Wagner Act: On The Waning View Of Labor Law And Leviathan, Brandon R. Magner

Employee Rights and Employment Policy Journal

The National Labor Relations Act’s (NLRA) well-documented weaknesses in substance and enforcement, combined with legislators’ inability to adapt the Act to the modern economy, have understandably created many cynics in the field of labor law. For several decades, legal scholars have almost unanimously derided the NLRA and the agency which administers it, the National Labor Relations Board (NLRB), for failing to prevent rampant anti-union conduct by employers and the collapse of the union formation process through the Board’s election machinery. This “ossification” of the law, as it has come to be known, is considered to be a key contributor to …


Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait Feb 2024

Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait

Chicago-Kent Law Review

No abstract provided.


How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick Feb 2024

How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick

Chicago-Kent Law Review

No abstract provided.


Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans Feb 2024

Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans

Chicago-Kent Law Review

No abstract provided.


Copyright, Chicago-Kent Law Revew Feb 2024

Copyright, Chicago-Kent Law Revew

Chicago-Kent Law Review

No abstract provided.


How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick Feb 2024

How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick

Chicago-Kent Law Review

No abstract provided.


Race, Peremptory Challenges, And State Courts: A Blueprint For Change, Nancy S. Marder Feb 2024

Race, Peremptory Challenges, And State Courts: A Blueprint For Change, Nancy S. Marder

Chicago-Kent Law Review

No abstract provided.


Judges, Lawyers, And Willing Jurors: A Tale Of Two Jury Selections, Barbara O'Brien, Catherine M. Grosso Feb 2024

Judges, Lawyers, And Willing Jurors: A Tale Of Two Jury Selections, Barbara O'Brien, Catherine M. Grosso

Chicago-Kent Law Review

No abstract provided.


Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans Feb 2024

Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans

Chicago-Kent Law Review

No abstract provided.


The Arrival Of The Civil Jury In Argentina: The Case Of Chaco, Shari S. Diamond, Valarie P. Hans, Natali Chizik, Andres Harfuch Feb 2024

The Arrival Of The Civil Jury In Argentina: The Case Of Chaco, Shari S. Diamond, Valarie P. Hans, Natali Chizik, Andres Harfuch

Chicago-Kent Law Review

No abstract provided.


The Hybridization Of Lay Courts: From Colombia To England And Wales, Jeremy Boulanger-Bonnelly Feb 2024

The Hybridization Of Lay Courts: From Colombia To England And Wales, Jeremy Boulanger-Bonnelly

Chicago-Kent Law Review

No abstract provided.


Lay Participation Reform In China: Opportunities And Challenges, Zhiyuan Guo Feb 2024

Lay Participation Reform In China: Opportunities And Challenges, Zhiyuan Guo

Chicago-Kent Law Review

No abstract provided.


Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait Feb 2024

Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait

Chicago-Kent Law Review

No abstract provided.


Written Statement: Andy Warhol Foundation For The Visual Arts, Inc. V. Goldsmith, Yolanda M. King Dec 2023

Written Statement: Andy Warhol Foundation For The Visual Arts, Inc. V. Goldsmith, Yolanda M. King

Chicago-Kent Journal of Intellectual Property

No abstract provided.


The Death Of The Litmus Test, Dale Cendali, Abbey Quigley Dec 2023

The Death Of The Litmus Test, Dale Cendali, Abbey Quigley

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Inside Or Outside?: Remarks On Abitron V. Hetronic (U.S. 2023), Margaret Chon Dec 2023

Inside Or Outside?: Remarks On Abitron V. Hetronic (U.S. 2023), Margaret Chon

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Jack Daniel’S Properties V. Vip Products And The Current State Of Trademark Fair Use, Christine Haight Farley Dec 2023

Jack Daniel’S Properties V. Vip Products And The Current State Of Trademark Fair Use, Christine Haight Farley

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Surveys In Jack Daniel’S V. Vip, Shari Seidman Diamond Dec 2023

Surveys In Jack Daniel’S V. Vip, Shari Seidman Diamond

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Trypanophobia: The Scary World Of Tattoos And The Law, Dalton Primeaux Dec 2023

Trypanophobia: The Scary World Of Tattoos And The Law, Dalton Primeaux

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Enablement For Genus Claims: A Bifurcated Approach, Jie Yang Dec 2023

Enablement For Genus Claims: A Bifurcated Approach, Jie Yang

Chicago-Kent Journal of Intellectual Property

Abstract After two jury trials, two trips to the Federal Circuit, and two petitions to the Supreme Court, the Court this past term decided Amgen Inc. v. Sanofi without much controversy. In a unanimous decision, the Court affirmed the invalidation of Amgen’s functional antibody claims for lack of enablement. As a result, inventors down the road, not just life sciences companies, may find it more difficult to obtain broad patents. Although the Court was clear that Amgen may not “monopolize an entire class of things defined by their function,” the opinion fell short of guiding lower courts on how to …


Exploring The Role Of Patent Offices In Climate Change Mitigation, Johanna Rahnasto Dec 2023

Exploring The Role Of Patent Offices In Climate Change Mitigation, Johanna Rahnasto

Chicago-Kent Journal of Intellectual Property

Patent offices are developing new programs to help in climate change mit- igation. What can they deliver? This Article provides a contemporary overview of the different green technology initiatives promoted by patent offices: fast- tracking of patent applications, search platforms, applicant resources, and publicity and awareness programs. The Article concludes that special treat- ment of green technology is fair and administrable when programs are openly accessible but narrowly tailored. The most tangible effect of these initiatives is the increased control by the patentee over the patenting and commercialization process, which is valuable even when effects of these programs on technology …


Balancing The Scales: Analyzing Motivation To Combine And Avoiding Impermissible Hindsight In 2023, Michael Pomeroy Dec 2023

Balancing The Scales: Analyzing Motivation To Combine And Avoiding Impermissible Hindsight In 2023, Michael Pomeroy

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Motions To Submit Supplemental Information: An Infrequently Utilized Procedure, Matthew Johnson, Ashvi Patel Dec 2023

Motions To Submit Supplemental Information: An Infrequently Utilized Procedure, Matthew Johnson, Ashvi Patel

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Reading Trademark Tea-Leaves At The Supreme Court, Graeme B. Dinwoodie Dec 2023

Reading Trademark Tea-Leaves At The Supreme Court, Graeme B. Dinwoodie

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Some Thoughts On Warhol And The Future Of Transformative Works, Zvi S. Rosen Dec 2023

Some Thoughts On Warhol And The Future Of Transformative Works, Zvi S. Rosen

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Comments On Amgen V. Sanofi, Oskar Liivak Dec 2023

Comments On Amgen V. Sanofi, Oskar Liivak

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Amgen V. Sanofi And The Return Of Patent Formalism To The Supreme Court, Laura Pedraza-Fariña Dec 2023

Amgen V. Sanofi And The Return Of Patent Formalism To The Supreme Court, Laura Pedraza-Fariña

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Certificates Of Correction And Aia Trials, Andrew Kerrick May 2023

Certificates Of Correction And Aia Trials, Andrew Kerrick

Chicago-Kent Journal of Intellectual Property

No abstract provided.


The Patent Trial And Appeal Board: A Heightened Call For Transparency, Nicole Bruner May 2023

The Patent Trial And Appeal Board: A Heightened Call For Transparency, Nicole Bruner

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Security Researchers Battle Against The Dmca, Andre Sardaryzadeh Apr 2023

Security Researchers Battle Against The Dmca, Andre Sardaryzadeh

Chicago-Kent Journal of Intellectual Property

In the digital age, cybersecurity plays a principal role in resolving consumer concerns regarding data breaches. Nevertheless, United States copyright laws prohibit the effective use of cybersecurity tools that disrupt malicious hackers from gaining access to personal (and sensitive) information. One law, in specific, that is detrimental to the defense against malicious attackers is the Digital Millennium Copyright Act (“DMCA”). Specifically, section 1201 of the DMCA prohibits the circumvention of copyrighted information. Malicious hackers have various tools and techniques to obtain unauthorized access to personal information via software vulnerabilities. Importantly, these vulnerabilities often result in the theft of consumers’ personal …