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Readings in Restorative Justice
No full textThis book presents a collection of essays demonstrating the application of restorative justice in resolving disputes related to criminal and civil matters, civil rights issues, and other conflicts both nationally and internationally. Each essay is accompanied by thought-provoking discussion questions.
Individuals invested in societal improvement will find value in reading this book. The essays are primarily intended for use in college and university courses within disciplines such as sociology, political science, public health, psychology, and criminal justice. Additionally, law students, who are the future custodians of justice, will find this book beneficial. It will also be particularly useful for civic and religious groups seeking to explore solutions to community issues, spanning public safety, public health, education, civil rights, immigration, and environmental concerns.https://repository.law.uic.edu/facbooks/1001/thumbnail.jp
Race Unequals: Overseer Contracts, White Masculinities, and the Formation of Managerial Identity in the Plantation Economy
No full textBy examining employment contracts between plantation owners and overseers, and the broader legal and social framework of the antebellum South, this book challenges the monolithic image of the White male identity of the era. It reveals how, while race granted White men access to land and enslaved labor, the wealthiest among them employed contracts, public laws, and plantation management strategies to restrict the upward mobility of overseers, the nation\u27s first managerial class. As overseers navigated the complex legal and social landscape of their employment contracts, they forged a unique form of White masculinity tied to their managerial role. This managerial identity, shaped by the demands of plantation labor and the constraints of White supremacy, has left a lasting legacy, potentially influencing the power dynamics and inequities of modern workplaces.https://repository.law.uic.edu/facbooks/1027/thumbnail.jp
Introduction to Employee Benefits Law
No full textThis book serves as an introduction to employee benefits law. With the passage of the Employee Retirement Income Security Act, the field of employee benefits law has expanded considerably. ERISA made both labor and tax law changes, mostly applicable to qualified retirement benefit plans. The book\u27s primary focus highlights the qualification requirements of the Internal Revenue Code applicable to retirement benefit plans. However, the book does discuss the ERISA provisions that apply to both retirement benefit plans and welfare benefit plans.https://repository.law.uic.edu/facbooks/1014/thumbnail.jp
Saving Substantial Similarity, 73 Fla. L. Rev. 591 (2021)
Get PDFSubstantial similarity, an analysis of the similarity between two works, is the fulcrum of copyright infringement. Recent cases involving Led Zeppelin\u27s signature song “Stairway to Heaven,” the award-winning movie “The Shape of Water,” and Google and Oracle\u27s dispute over computer code all required courts to grapple with this fundamental analysis. This Article reveals that today\u27s copyright plaintiffs have only a one-in-ten chance of winning--the worst in a century--and also discusses the cause of this trend--defendants\u27 devastatingly effective use of pretrial motions and the rise of lawsuits against nonrival defendants. Scholarly debates on substantial similarity typically revolve around the works of authorship at issue, circuit splits, and leading cases. These discussions entirely miss the unprecedented and unreported demise of substantial similarity. Rehabilitating the doctrine will require a fresh look at how to judge substantial similarity. Judging when defendants appropriated too much can be an inherently opaque and subjective enterprise. To many courts and scholars, substantial similarity is “bizarre,” “ad hoc,” and “a virtual black hole in copyright jurisprudence.” Every creative work borrows some inspiration from other works, whether copyrighted or not. If left theoretically unaddressed, the law will continue adrift without compass or rudder, inhibiting the growth of creative industries. Helping plaintiffs win fairly and viably will be critical in fostering diverse, innovative ecosystems like architecture, literature, movies, and software flourish. For this to happen, three things must change. First, courts must judge works holistically from the vantage of an ordinary observer and, once plaintiffs prove facial similarity, defendants should then explain why they are not infringing. Avoiding elemental dissections of the copyrighted work makes substantial similarity easier for fact finders to administer, which makes them less likely to penalize plaintiffs whose works invariably incorporate some unprotectable elements. Second, jurors must be the default arbiters of substantial similarity. Laypeople, and not experts, are copyright\u27s principal audience. Third, courts must require copyright registrants to identify the expressive elements of the works in their registrations, which will help clarify what they seek to protect and provide better notice to defendants. Beyond copyright, the observations and insights in this Article map to broader scholarly debates on rules versus standards, the centrality of jury trials, and structural biases within the American justice system
Senior Leaders and Those Most Responsible at the Extraordinary Chambers in the Courts of Cambodia, 15 FIU L. Rev. 31 (2021)
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3/5ths to 1/10th, How to Make Black America Whole: Exploring Congressional Act H.R. 40 – Commission to Study and Develop Reparation Proposals for African-Americans Act, 54 UIC J. Marshall L. Rev. 531 (2021)
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