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Full-Text Articles in Law

Nobody Reads Your Privacy Policy Or Online Contract? Lessons Learned And Questions Raised By The Ftc's Action Against Sears, Susan E. Gindin Jan 2009

Nobody Reads Your Privacy Policy Or Online Contract? Lessons Learned And Questions Raised By The Ftc's Action Against Sears, Susan E. Gindin

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Forty Years Of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights, Julie A. Nice Jan 2009

Forty Years Of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights, Julie A. Nice

Northwestern Journal of Law & Social Policy

This introductory essay questions putting nearly all effort into social policywhich has failed to reduce povertyand calls instead for reinvigorating other tactics and re-imagining the unfinished dream of economic justice. Indeed, what Martin Luther King, Jr. envisioned was an actual war on poverty, not merely the abbreviated, under-funded, and ultimately unsuccessful effort of the 1960s, nor the imposter war on welfare that has dominated our social policy effort since. But our social policy has not only failed to reduce poverty, it failed to focus long-needed attention on poverty and inequality. Nor has social policy facilitated the political mobilization of poor …


Some Suggestions For The Uafa: A Bill For Same-Sex Binational Couples, Timothy R. Carraher Jan 2009

Some Suggestions For The Uafa: A Bill For Same-Sex Binational Couples, Timothy R. Carraher

Northwestern Journal of Law & Social Policy

No abstract provided.


The Water Excise Tax: Preserving A Necessary Resource, Thomas Lee Jan 2009

The Water Excise Tax: Preserving A Necessary Resource, Thomas Lee

Northwestern Journal of Law & Social Policy

This Comment will first examine the history and current state of laws regulating water use in the United States, and the commercial uses that are the target of the proposed Water Excise Tax. The next step will be to discuss the tax itself from several perspectives: First, its constitutionality, structure, and application in the framework of existing water law; second, its advantages and disadvantages based on its regulatory nature and scope; and finally, the normative benefits of indirect regulation. The theses underlying all of these sections are that public drinking water will become scarce in the very near future, that …


Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John D. Bessler Jan 2009

Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John D. Bessler

Northwestern Journal of Law & Social Policy

In 1764, Cesare Beccaria, a 26-year-old Italian, penned . The treatise argued that state-sanctioned executions and torture violate natural law. As we near the 250th anniversary of its publication, author John D. Bessler provides a comprehensive review of the abolition movement, from before Beccaria's time to the present. Bessler reviews Beccaria's influence on Enlightenment thinkers and more importantly, on America's Founding Fathers. The Article also provides an extensive review of Eighth Amendment jurisprudence and then contrasts it with the trend in International Law towards the abolition of the death penalty. It then discusses the current state of the death penalty …


Unwilling Warriors: An Examination Of The Power To Conscript In Peacetime, Jason Britt Jan 2009

Unwilling Warriors: An Examination Of The Power To Conscript In Peacetime, Jason Britt

Northwestern Journal of Law & Social Policy

As military involvement overseas persists, pressure to increase the size of the armed services will continue. While higher bonuses and lower recruiting standards relieve this pressure, these measures may not be enough and an active military draft is an attractive alternative. Indeed, although the military draft has been inactive for nearly thirty years, current U.S. involvement overseas has aroused discussion for reactivation of the military draft. In light of this call to reactive the draft, this Student Comment proposes a framework for analyzing the constitutionality of an active military draft under the Thirteenth Amendment. Specifically, this Comment argues that courts …


Eliminating The Secondary Earner Bias: Lessons From Malaysia, The United Kingdom, And Ireland, Tonya Major Gauff Jan 2009

Eliminating The Secondary Earner Bias: Lessons From Malaysia, The United Kingdom, And Ireland, Tonya Major Gauff

Northwestern Journal of Law & Social Policy

This Student Comment explores the long-standing gender bias inherent in the United States Internal Revenue Code ("IRC"). Specifically, this Comment discusses the bias of the taxing code against secondary earners in dual-income families. Under the IRC, primary earners in a dual-income household are taxed at a much lower rate than secondary earners in the household. As women have historically suffered from lower wages and income than their husbands, the effect of the IRC is to tax married women at much higher rates than married men. Indeed, the average working married woman loses over two-thirds of her pay to income taxes. …


Van Duyn V. Baker School District: A "Material" Improvement In Evaluating A School District's Failure To Implement Individualized Education Programs, David G. King Jan 2009

Van Duyn V. Baker School District: A "Material" Improvement In Evaluating A School District's Failure To Implement Individualized Education Programs, David G. King

Northwestern Journal of Law & Social Policy

This Case Note of explores the standards courts use when evaluating a school district's failure to implement a student's Individualized Education Plan (IEP). In , the Ninth Circuit held that only "material" failures to implement constitute a deprivation of Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA). The Note first begins with a discussion of the right to FAPE under the IDEA and how the Supreme Court narrowed the scope of FAPE in . It then examines the many different standards federal courts have used to evaluate implementation failures, including requiring the failure to involve …


Who's Your Daddy? A Psychoanalytic Exegesis Of The Supreme Court's Recent Patent Jurisprudence, Gretchen S. Sween Jan 2009

Who's Your Daddy? A Psychoanalytic Exegesis Of The Supreme Court's Recent Patent Jurisprudence, Gretchen S. Sween

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Discussion Of Employer Assignment Agreements After Ddb Technologies V. Mlb Advanced Media, Mike Baniak, Todd Dawson Jan 2009

Discussion Of Employer Assignment Agreements After Ddb Technologies V. Mlb Advanced Media, Mike Baniak, Todd Dawson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Scary Patents, Stephen Mcjohn Jan 2009

Scary Patents, Stephen Mcjohn

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Egyptian Goddess V. Swisa: What Is The 'Point'?, A.C. Dike Jan 2009

Egyptian Goddess V. Swisa: What Is The 'Point'?, A.C. Dike

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory And Future, Jing "Brad" Luo, Shubha Ghosh Jan 2009

Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory And Future, Jing "Brad" Luo, Shubha Ghosh

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Betting On Prohibition: The Federal Government's Approach To Internet Gambling, Kraig P. Grahmann Jan 2009

Betting On Prohibition: The Federal Government's Approach To Internet Gambling, Kraig P. Grahmann

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Youtube—The Next Generation Of Infringing On Creative Works: What Can Be Done To Protect The Screenwriters?, Ashlee M. Knuckey Jan 2009

Youtube—The Next Generation Of Infringing On Creative Works: What Can Be Done To Protect The Screenwriters?, Ashlee M. Knuckey

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Copyrighting Stage Directions & The Constitutional Mandate To "Promote The Progress Of Science", Jessica Talati Jan 2009

Copyrighting Stage Directions & The Constitutional Mandate To "Promote The Progress Of Science", Jessica Talati

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Reexamination And Improving Patent Quality, Roger Shang Jan 2009

Reexamination And Improving Patent Quality, Roger Shang

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


In Re Bilski: A Midpoint In The Evolution Of Business Methods, R. David Donoghue, Micael A. Grill Jan 2009

In Re Bilski: A Midpoint In The Evolution Of Business Methods, R. David Donoghue, Micael A. Grill

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Alternative Software Protection In View Of In Re Bilski, Lauren Katzenellenbogen, Charles Duan, James Skelley Jan 2009

Alternative Software Protection In View Of In Re Bilski, Lauren Katzenellenbogen, Charles Duan, James Skelley

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Debate On In Re Bilski, Lauren Katzenellenbogen, Bob Irvine, David Donoghue Jan 2009

Debate On In Re Bilski, Lauren Katzenellenbogen, Bob Irvine, David Donoghue

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Panel On Tafas V. Dudas, Patent Rules Changes And Patent Reform, Matthew Sag, Sean Seymore, Chris Singer Jan 2009

Panel On Tafas V. Dudas, Patent Rules Changes And Patent Reform, Matthew Sag, Sean Seymore, Chris Singer

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Innovation And Liability For Contributory Copyright Infringement, David Mcgowan Jan 2009

Innovation And Liability For Contributory Copyright Infringement, David Mcgowan

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Observer And The Observed: Re-Imagining Privacy Dichotomies In Information Privacy Law, Marcy Peek Jan 2009

The Observer And The Observed: Re-Imagining Privacy Dichotomies In Information Privacy Law, Marcy Peek

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Effect: Tougher Standards But Courts Return To The Prior Practice Of Granting Injunctions For Patent Infringement, Stacy Streur Jan 2009

The Effect: Tougher Standards But Courts Return To The Prior Practice Of Granting Injunctions For Patent Infringement, Stacy Streur

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Well-Pleaded Complaint Rule And Jurisdiction Over Patent Law Counterclaims: An Empirical Assessment Of Holmes Group And Proposals For Improvement, Jiwen Chen Jan 2009

The Well-Pleaded Complaint Rule And Jurisdiction Over Patent Law Counterclaims: An Empirical Assessment Of Holmes Group And Proposals For Improvement, Jiwen Chen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


A Discussion On The Patentability Of Signals: Examining In Re Nuijten, Damien Howard Jan 2009

A Discussion On The Patentability Of Signals: Examining In Re Nuijten, Damien Howard

Northwestern Journal of Technology and Intellectual Property

No abstract provided.