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Full-Text Articles in Courts

Reconfiguring Law Reports And The Concept Of Precedent For A Digital Age, Peter W. Martin Jan 2008

Reconfiguring Law Reports And The Concept Of Precedent For A Digital Age, Peter W. Martin

Cornell Law Faculty Publications

Adherence to the “rule of law” entails a strong commitment to consistency - a belief that throughout a jurisdiction and across time judges should treat like cases alike. For over a century, the U.S. judiciary's pursuit of this aim has relied principally upon print law reports. With unsettling rapidity, digital technology has dislodged that system, in practical fact, if not yet in the way lawyers and judges talk and think about case law. This article explores gains one might hope for from a “judicial consistency” system liberated from the constraints of print, likely effects on concepts of precedent, as well …


A New (And Better) Interpretation Of Holmes's Prediction Theory Of Law, Anthony D'Amato Jan 2008

A New (And Better) Interpretation Of Holmes's Prediction Theory Of Law, Anthony D'Amato

Faculty Working Papers

Holmes's famous 1897 theory that law is a prediction of what courts will do in fact slowly changed the way law schools taught law until, by the mid-1920s legal realism took over the curriculum. The legal realists argued that judges decide cases on all kinds of objective and subjective reasons including precedents. If law schools wanted to train future lawyers to be effective, they should be exposed to collateral subjects that might influence judges: law and society, law and literature, and so forth. But the standard interpretation has been a huge mistake. It treats law as analogous to weather forecasting: …


Volume 75 Jan 2008

Volume 75

Tennessee Law Review

No abstract provided.


The Supreme Court's Trademark Jurisprudence: Categorical Divergence In The Interest Of Information Convergence, 25 J. Marshall J. Computer & Info. L. 635 (2008), Sheldon Halpern Jan 2008

The Supreme Court's Trademark Jurisprudence: Categorical Divergence In The Interest Of Information Convergence, 25 J. Marshall J. Computer & Info. L. 635 (2008), Sheldon Halpern

UIC John Marshall Journal of Information Technology & Privacy Law

The author shows that convergence has placed trademark law in the center of some of the hard-fought battles over information ownership in intellectual property. From fights over moral rights, to collisions with patents, trademarks in the new technological age have raised questions that he suggests might be better analyzed if the associative nature of trademarks were recognized and applied.


Terminating Maintenance Payments When An Ex-Spouse Cohabitates In Illinois: When Is Enough Enough?, 41 J. Marshall L. Rev. 435 (2008), Allan L. Karnes Jan 2008

Terminating Maintenance Payments When An Ex-Spouse Cohabitates In Illinois: When Is Enough Enough?, 41 J. Marshall L. Rev. 435 (2008), Allan L. Karnes

UIC Law Review

No abstract provided.


Live Alienation: One Super-Promoter Eliminates Competition, Concert Fans Pay The Price, And The Sherman Act Waits In The Wings, 41 J. Marshall L. Rev. 527 (2008), Laura C. Howard Jan 2008

Live Alienation: One Super-Promoter Eliminates Competition, Concert Fans Pay The Price, And The Sherman Act Waits In The Wings, 41 J. Marshall L. Rev. 527 (2008), Laura C. Howard

UIC Law Review

No abstract provided.


Foreword, 41 J. Marshall L. Rev. Xxvii (2008), Nancee Alexa Barth Jan 2008

Foreword, 41 J. Marshall L. Rev. Xxvii (2008), Nancee Alexa Barth

UIC Law Review

No abstract provided.


Presumptions, Inferences, And Strict Liability In Illinois Criminal Law: Preempting The Presumption Of Innocence?, 41 J. Marshall L. Rev. 715 (2008), Theodore A. Gottfried, Peter G. Baroni Jan 2008

Presumptions, Inferences, And Strict Liability In Illinois Criminal Law: Preempting The Presumption Of Innocence?, 41 J. Marshall L. Rev. 715 (2008), Theodore A. Gottfried, Peter G. Baroni

UIC Law Review

No abstract provided.


The Clear Initiative And Mental States: 1½ Problems Solved, 41 J. Marshall L. Rev. 701 (2008), Timothy P. O'Neill Jan 2008

The Clear Initiative And Mental States: 1½ Problems Solved, 41 J. Marshall L. Rev. 701 (2008), Timothy P. O'Neill

UIC Law Review

No abstract provided.


Second Degree Murder And Attempted Murder: Clear's Efforts To Maneuver The Slippery Slope, 41 J. Marshall L. Rev. 659 (2008), Michael P. Toomin Jan 2008

Second Degree Murder And Attempted Murder: Clear's Efforts To Maneuver The Slippery Slope, 41 J. Marshall L. Rev. 659 (2008), Michael P. Toomin

UIC Law Review

No abstract provided.


"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth Jan 2008

"I'D Grab At Anything. And I'D Forget." Domestic Violence Victim Testimony After Davis V. Washington, 41 J. Marshall L. Rev. 937 (2008), Nancee Alexa Barth

UIC Law Review

No abstract provided.


Nontestimonial Declarations Against Penal Interest: Eschewing The Corroboration Requirement For Inculpatory Statements, 41 J. Marshall L. Rev. 969 (2008), Michael Duffy Jan 2008

Nontestimonial Declarations Against Penal Interest: Eschewing The Corroboration Requirement For Inculpatory Statements, 41 J. Marshall L. Rev. 969 (2008), Michael Duffy

UIC Law Review

No abstract provided.


The Illinois Criminal Code Of 2009: Providing Clarity In The Law, 41 J. Marshall L. Rev. 815 (2008), Governor James R. Thompson, Justice Gino Divito, Peter G. Baroni, Kathy Saltmarsh, Daniel Mayerfeld Jan 2008

The Illinois Criminal Code Of 2009: Providing Clarity In The Law, 41 J. Marshall L. Rev. 815 (2008), Governor James R. Thompson, Justice Gino Divito, Peter G. Baroni, Kathy Saltmarsh, Daniel Mayerfeld

UIC Law Review

No abstract provided.


Case Note: Golden Gate Restaurant Association V. City And County Of San Francisco: Setting The Stage For Supreme Court Review Of The Most Important Preemption Matter In The History Of Erisa, 41 J. Marshall L. Rev. 995 (2008), Joshua Waldbeser Jan 2008

Case Note: Golden Gate Restaurant Association V. City And County Of San Francisco: Setting The Stage For Supreme Court Review Of The Most Important Preemption Matter In The History Of Erisa, 41 J. Marshall L. Rev. 995 (2008), Joshua Waldbeser

UIC Law Review

No abstract provided.


Baby Ka-Boom! Coming Developments In Erisa Litigation Due To Social, Demographic, And Financial Pressures From The Baby Boom Generation, 41 J. Marshall L. Rev. 1037 (2008), Craig C. Martin, Matthew J. Renaud, Douglas A. Sondgeroth Jan 2008

Baby Ka-Boom! Coming Developments In Erisa Litigation Due To Social, Demographic, And Financial Pressures From The Baby Boom Generation, 41 J. Marshall L. Rev. 1037 (2008), Craig C. Martin, Matthew J. Renaud, Douglas A. Sondgeroth

UIC Law Review

No abstract provided.


Make The Dream A Reality: Why Passing The Dream Act Is The Logical First Step In Achieving Comprehensive Immigration Reform, 41 J. Marshall L. Rev. 1251 (2008), Aimee Deverall Jan 2008

Make The Dream A Reality: Why Passing The Dream Act Is The Logical First Step In Achieving Comprehensive Immigration Reform, 41 J. Marshall L. Rev. 1251 (2008), Aimee Deverall

UIC Law Review

No abstract provided.


What To Do With Omar Khadr? Putting A Child Soldier On Trial: Questions Of International Law, Juvenile Justice, And Moral Culpability, 41 J. Marshall L. Rev. 1281 (2008), Christopher L. Dore Jan 2008

What To Do With Omar Khadr? Putting A Child Soldier On Trial: Questions Of International Law, Juvenile Justice, And Moral Culpability, 41 J. Marshall L. Rev. 1281 (2008), Christopher L. Dore

UIC Law Review

No abstract provided.


Magic Words And Millionaires: The Supreme Court's Assault On Campaign Funding, 42 J. Marshall L. Rev. 1 (2008), Michael J. Kasper Jan 2008

Magic Words And Millionaires: The Supreme Court's Assault On Campaign Funding, 42 J. Marshall L. Rev. 1 (2008), Michael J. Kasper

UIC Law Review

No abstract provided.


Courtiers Of The Marble Palace: The Rise And Influence Of The Supreme Court Law Clerk, Harvey Gee Jan 2008

Courtiers Of The Marble Palace: The Rise And Influence Of The Supreme Court Law Clerk, Harvey Gee

West Virginia Law Review

No abstract provided.


An Empirical Investigation Of Judicial Decisionmaking, Statutory Interpretation, And The Chevron Doctrine In Environmental Law, Jason J. Czarnezki Jan 2008

An Empirical Investigation Of Judicial Decisionmaking, Statutory Interpretation, And The Chevron Doctrine In Environmental Law, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

How do courts evaluate decisions of statutory interpretation made by government agencies that deal in environmental law? While research on judicial decisionmaking in environmental law has primarily focused on the D.C. Circuit, the Environmental Protection Agency, and the influence of ideology, only recently have legal scholars begun to consider the role of legal factors in judicial decisionmaking in environmental law. With special attention paid to how courts implement the Chevron doctrine, this Article empirically and doctrinally analyzes environmental law cases decided in the United States Courts of Appeals over a three-year period (2003-05) to investigate what factors, including ideological, legal, …


Bosnia V. Serbia: Lessons From The Encounter Of The International Court Of Justice With The International Criminal Tribunal For The Former Yugoslavia, Rebecca Hamilton, Richard J. Goldstone Jan 2008

Bosnia V. Serbia: Lessons From The Encounter Of The International Court Of Justice With The International Criminal Tribunal For The Former Yugoslavia, Rebecca Hamilton, Richard J. Goldstone

Scholarly Articles in Law Reviews & Journals

This article uses the recent judgment of the ICJ in Bosnia v. Serbia to highlight the potential problems that arise when international courts have to adjudicate on overlapping situations. It describes the dispute between the ICJ and the ICTY on the appropriate legal standard for the attribution of state responsibility, and finds that the ICJ’s approach in this case suggests that those keen to minimize the fragmentation of international law between adjudicative bodies should not overlook the need for consistency within those bodies.With regard to fact finding, this article raises serious concerns about the manner in which the ICJ relied …


The Assumptions Behind The Assumptions In The War On Terror: Risk Assessment As An Example Of Foundational Disagreement In Counterterrorism Policy, Kenneth Anderson Jan 2008

The Assumptions Behind The Assumptions In The War On Terror: Risk Assessment As An Example Of Foundational Disagreement In Counterterrorism Policy, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This 2007 article (based around an invited conference talk at Wayne State in early 2007) addresses risk assessment and cost benefit analysis as mechanisms in counterterrorism policy. It argues that although policy is often best pursued by agreeing to set aside deep foundational differences, in order to obtain a strategic plan for an activity such as counterterrorism, foundational differences must be addressed in order that policy not merely devolve into a policy minimalism that is always and damagingly tactical, never strategic, in order to avoid domestic democratic political conflict. The article takes risk assessment in counterterrorism, using cost benefit analysis, …


Inter-American System, Claudia Martin Jan 2008

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Preventing, Implementing And Enforcing International Humanitarian Law, Juan E. Mendez Jan 2008

Preventing, Implementing And Enforcing International Humanitarian Law, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Why John Mccain Was A Citizen At Birth, Stephen E. Sachs Jan 2008

Why John Mccain Was A Citizen At Birth, Stephen E. Sachs

Michigan Law Review First Impressions

Senator John McCain was born a citizen in 1936. Professor Gabriel J. Chin challenges this view in this Symposium, arguing that McCain’s birth in the Panama Canal Zone (while his father was stationed there by the Navy) fell into a loophole in the governing statute. The best historical evidence, however, suggests that this loophole is an illusion and that McCain is a “natural born Citizen” eligible to be president.


Mccain’S Citizenship And Constitutional Method, Peter J. Spiro Jan 2008

Mccain’S Citizenship And Constitutional Method, Peter J. Spiro

Michigan Law Review First Impressions

Many things may obstruct John McCain’s path to the White House, but his citizenship status is not among them. The question of his eligibility, given the circumstances of his birth, has already been resolved. That outcome has been produced by actors outside the courts. . . . If non-judicial actors—including Congress, editorialists, leading members of the bar, and the People themselves—manage to generate a constitutional consensus, there isn’t much that the courts can do about it. In cases such as this one, at least, that seems to be an acceptable method of constitutional determination.


Originalism And The Natural Born Citizen Clause, Lawrence B. Solum Jan 2008

Originalism And The Natural Born Citizen Clause, Lawrence B. Solum

Michigan Law Review First Impressions

The enigmatic phrase “natural born citizen” poses a series of problems for contemporary originalism. New Originalists, like Justice Scalia, focus on the original public meaning of the constitutional text. The notion of a “natural born citizen” was likely a term of art derived from the idea of a “natural born subject” in English law—a category that most likely did not extend to persons, like Senator McCain, who were born outside sovereign territory. But the Constitution speaks of “citizens” and not “subjects,” introducing uncertainties and ambiguities that might (or might not) make McCain eligible for the presidency.


Why Senator John Mccain Cannot Be President: Eleven Months And A Hundred Yards Short Of Citizenship, Gabriel Chin Jan 2008

Why Senator John Mccain Cannot Be President: Eleven Months And A Hundred Yards Short Of Citizenship, Gabriel Chin

Michigan Law Review First Impressions

Article II, section 1 of the Constitution provides that “No Person except a natural born Citizen . . . shall be eligible to the Office of President . . . .” A person must be a citizen at birth to be a natural born citizen. Senator McCain was born in the Canal Zone in 1936. Although he is now a U.S. citizen, the law in effect in 1936 did not grant him citizenship at birth. Because he was not born a citizen, he is not eligible to the office of president.


Research Tool Patents After Integra V. Merck - Have They Reached A Safe Harbor, Wolrad Prinz Jan 2008

Research Tool Patents After Integra V. Merck - Have They Reached A Safe Harbor, Wolrad Prinz

Michigan Telecommunications & Technology Law Review

The saga surrounding the Integra v. Merck cases has rekindled a heated debate about the proper scope of both common law exemption and the safe harbor provision, causing significant concern for owners of research tool patents. This Article will argue that the next judicial decision addressing the question of research tool patents should clarify that they are in a safe harbor because none of the two exemptions from infringement referenced above extends to the use of research tools in experiments in order to preserve the necessary incentives for their creation in the first place. Allowing access to research tools under …


The Claim Construction Effect, Lee Petherbridge Jan 2008

The Claim Construction Effect, Lee Petherbridge

Michigan Telecommunications & Technology Law Review

Claim construction refers to the task of construing, or interpreting, the words of patents' claims to establish the metes and bounds of a patent. Theoretically, the task of claim construction serves to operationalize the concept of "invention," which lies at the heart of the U.S. patent system.[...] Rather than focusing on the set of cases in which the Federal Circuit addresses claim construction, this study focuses on a set of cases defined by a different patent doctrine. The basic idea is to explore the impact of claim construction on other areas of patent law.[...] The hypothesis of the claim construction …