Law Commons^™

Valuing Identity, Osamudia James

Faculty Publications

No abstract provided.

Euro-Yearnings? Moving Toward A "Substantive" Registration-Based Trademark Regime, Jane C. Ginsburg

Faculty Scholarship

In Alan Jay Lerner’s lyric, Professor Henry Higgins laments: "Why can’t a woman be more like a man?" Professor Rebecca Tushnet’s provocative article in effect urges that a U.S. trademark should be more like a European Union trademark, at least with respect to the relationship of registration to substantive protection. The article convincingly exposes the current incoherence in U.S. trademark law – a hybrid between “procedural” and “substantive” registration regimes, in which the traditional emphasis on use-based trademark rights undermines the business-planning benefits that flow from registration.

Before elaborating on the similarities between Tushnet’s suggested reforms of U.S. trademark law …

Corporate Political Spending And The Size Effect, Reilly S. Steel

Faculty Scholarship

In the years since Citizens United v. FEC, corporate-political-spending disclosure has become an increasingly heated public policy issue. The portion of the Court’s opinion that championed shareholder rights to make decisions about corporate political speech generated a substantial, interdisciplinary literature, and shareholders responded by demanding political-spending disclosure through a bevy of shareholder proposals. However, many commentators have argued that shareholder activists’ efforts to bring about disclosure on their own are bound to be inade­quate, and in 2011, a group of law professors petitioned the Securities and Exchange Commission (SEC) for rules that would mandate disclo­sure by public companies — a …

Stanley V. Illinois'S Untold Story, Joshua Gupta-Kagan

Faculty Scholarship

Stanley v. Illinois is one of the Supreme Court’s more curious landmark cases. The holding is well known: the Due Process Clause both prohibits states from removing children from the care of unwed fathers simply because they are not married and requires states to provide all parents with a hearing on their fitness. By recognizing strong due process protections for parents’ rights, Stanley reaffirmed Lochner-era cases that had been in doubt and formed the foundation of modern constitutional family law. But Peter Stanley never raised due process arguments, so it has long been unclear how the Court reached this …

China's And India's Differing Investment Treaty And Dispute Settlement Experiences And Implications For Africa, Won Kidane

Faculty Publications

This Article examines China’s and India’s differing investment treaty and dispute settlement experiences and the resulting implications for Africa. It attempts to answer the question of whether there is evidence of China’s and India’s attempt to take advantage of the default structural imbalance enabled by centuries of international investment laws and institutions that favor the investor. The Article begins by presenting the background of the current economic reality and trends that necessitate the evaluation of the existing rules and institutions. It then presents a detailed assessment of this phenomenon by focusing on the investment cases brought against India for context, …

Dignity Is The New Legitimacy, Jeffrey A. Fagan

Faculty Scholarship

In this chapter, Jeffrey Fagan responds to Jonathan Simon’s essay by exploring the emotional dimensions of individual interactions with state actors. In a procedural justice vein, this chapter considers the dignitary implications of official maltreatment, focusing in particular on the dignity-injuring potential of unjustified, racially motivated, or otherwise abusive police stops. Such interactions not only personally humiliate, but they also deny the targeted individuals “basic and essential recognition” as social and political equals, instilling instead “a profound sense of loss.” Fagan calls for a jurisprudence that “recognizes the emotional highway between dignity and legitimacy.” This approach would “internalize[] the central …

Advocating A Carryover Tax Basis Regime, Richard Schmalbeck, Jay A. Soled, Kathleen Delaney Thomas

Faculty Publications

No abstract provided.

Regulating Tax Return Preparation, Jay A. Soled, Kathleen Delaney Thomas

Faculty Publications

No abstract provided.

At Risk Of Being Risky: The Relationship Between “Brain Age” Under Emotional States And Risk Preference, Marc D. Rudolph, Oscar Miranda-Domínguez, Alexandra O. Cohen, Kaitlyn Breiner, Laurence Steinberg, Richard J. Bonnie, Elizabeth S. Scott, Jason Chein, Kim Taylor-Thompson, Karla C. Fettich, Jennifer A. Richeson, Danielle V. Dellarco, Adriana Galván, B.J. Casey, Damien A. Fair

Faculty Scholarship

Developmental differences regarding decision making are often reported in the absence of emotional stimuli and without context, failing to explain why some individuals are more likely to have a greater inclination toward risk. The current study (N = 212; 10–25y) examined the influence of emotional context on underlying functional brain connectivity over development and its impact on risk preference. Using functional imaging data in a neutral brain-state we first identify the “brain age” of a given individual then validate it with an independent measure of cortical thickness. We then show, on average, that “brain age” across the group during the …

Reviewer's Note, Vincent J. Palusci, Frank E. Vandervort

Reviews

Review of Child Abuse & the Law by Jennifer N Fishe and Frederick L. Moffat III.

Review Of The Choice Theory Of Contracts, Nicolas Cornell

Reviews

This book aims to provide a new approach to thinking about the role of contract law in a liberal state. The fundamental idea is that the law should affirmatively facilitate citizens' autonomy by creating and sustaining various different types of contractual relationships so that citizens have the option to choose among them. The authors start from the idea that "bargaining for terms is not the dominant mode of contracting . . . the mainstay of present-day contracting is the choice among types" (2-3). We choose to relate as employees or independent contractors, married or just cohabiting, merchants selling goods or …

Racism Didn't Stop At Jim Crow, Samuel R. Bagenstos

Reviews

Nearly 50 years ago, the Kerner Commission famously declared that “[o]ur nation is moving toward two societies, one black, one white—separate and unequal.” The picture has changed distressingly little since then. In the 1950 Census, the average African American in a metropolitan area lived in a neighborhood that was 35 percent white—the same figure as in the 2010 Census. In 2010, the average white American still lived in a neighborhood that was more than 75 percent white. America’s largest metropolitan areas—particularly, but not exclusively, in the North—continue to score high on many common measures of racial segregation. And racial segregation …

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Sanctuary Cities And The Federal Government Power Struggle: How Sanctuary Cities Are Fighting Back, Conor Grealish

Public Interest Law Reporter

No abstract provided.

Reproductive Healthcare Under A New Administration, Alexandra Lehr

Public Interest Law Reporter

No abstract provided.

Cleaning Up The Act - The Illinois Domestic Workers' Bill Of Rights Act: Necessity, Purpose, And Effect, Joanna Pawlowska

Public Interest Law Reporter

No abstract provided.

"An Alarming Trend": The Dangers Of Recently Proposed Anti-Protest Legislation, Kristine Ruhl

Public Interest Law Reporter

No abstract provided.

Trump And Pruitt's Epa: Are We Destined For A Seismic Shift In Environmental Law?, William Ryan

Public Interest Law Reporter

No abstract provided.

The Dodd-Frank Solution To Predatory Lending, Marko Stojkovic

Public Interest Law Reporter

This Article is part two of a two-part series exploring the dangers of predatory lending and how Dodd-Frank and the Consumer Financial Protection Bureau ("CFPB") have solved predatory lending and ended the possibility of another subprime debacle. Part one covered how predatory lending harmed minority, low-income, and immigrant communities, and was a main cause of the 2008 economic collapse. Part two will show how the CFPB was built to stop and prevent predatory lending and another subprime debacle. The enactment and implementation of Dodd-Frank and the CFPB have improved the mortgage market. However, politicians and lawmakers, notably President Donald Trump …

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Los Angeles As A Blueprint For Police Reform In Chicago, Stephen Rushin

Public Interest Law Reporter

No abstract provided.

Universal Basic Income: The New Safety Net?, Joseph Camper

Public Interest Law Reporter

No abstract provided.

Smartphones, Fingerprints, And Search Warrants, Fabiola De Armas

Public Interest Law Reporter

No abstract provided.

New Income Shares Model For Determining Child Support To Be More Equitable, Jennifer Straka

Public Interest Law Reporter

No abstract provided.

How Can Big Data Impact Affordable Housing?., Kara Simon

Public Interest Law Reporter

No abstract provided.

The American Dream After War: Veterans' Accessibility To A Higher Education Through The Post-9/11 Gi Bill, Maha Sadek

Public Interest Law Reporter

The Post-9/11 Veterans' Educational Assistance Act of 2008 ("Post-9/11 GI Bill") went into-effect in 2009. Since 2013, about 800,000 service men and women have taken advantage of their Post-9/11 GI Bill benefits, and 80% of GI Bill spending is attributed to the Post-9/11 GI Bill. Though educational benefits are provided, at varying rates to veterans who served after September 10, 2001, about 26% of veterans aged 25 or older have a bachelor's degree compared to 28% of the total population. There are several factors that contribute to veteran's attainability of a degree including adjusting to life outside of the military …

Reaping Whirlwind: How U.S. Interventionist Foreign Policies Created Our Immigration Crisis, Nubia Batista Willman

Public Interest Law Reporter

No abstract provided.

Juvenile Justice: Oppose H.R. 3697, The Criminal Alien Gang Member Removal Act, Elizabeth Rodriguez

Public Interest Law Reporter

No abstract provided.

The Transgender Military Ban: A Major Step Back For Lgbt Rights, Jon Santiago

Public Interest Law Reporter

No abstract provided.

The Economic Impact Of Immigration On The American Workforce, Michelle Tinajero

Public Interest Law Reporter

No abstract provided.