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When a Plaintiff Brings a Second Suit against a Defendant for Continuing to Violate the Plaintiff\u27s Trademark, Is the Defendant Barred from Raising a Defense That It Did Not Raise in the Plaintiff\u27s Earlier Case?
No full textReview of Recent Veterans Law Decisions of the Federal Circuit, 69 AM. U. L. REV. 1343 (2020)
Get PDFThe last in-depth review of veterans law cases decided by the Federal Circuit was published by the American University Law Review in 2015. Since that time, the Federal Circuit has substantially changed procedural rules applicable to veterans cases, including authorizing the use of the class action device and clarifying the correct standard to use when challenging agency delay and inaction. In an important case with wide application to administrative law generally, the Federal Circuit addressed the issue of proper deference for agency regulations and policies. The Supreme Court granted certiorari in Kisor v. Wilkie and reaffirmed principles articulated in Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., articulating a new three-step analysis. With regard to substantive developments in the area of veterans law, the Federal Circuit reversed a prior 2008 decision and provided final and effective relief for “Blue Water” Navy Veterans who have long fought for Agent Orange-related benefits. It is a remarkable time to be a veterans advocate, and we are pleased to provide this update
The Yeezy Boost 350 Copyright Registrations: Did Kanye West Turn Justice Breyer\u27s Fear Into a Reality?, 19 UIC REV. INTELL. PROP. L. 244 (2020)
Get PDFIn the world of fashion, few have been able to gain copyright protection for their most ambitious and intricate designs. The useful article prohibition has long haunted designers and has left them with less desirable forms of protection, such as design patent or trade dress protections. Sympathetic to the artistic nature of many useful article designs, courts crafted varying standards to allow copyright protection for artistic aspects separable from the useful article. The Supreme Court articulated a new separability standard in Star Athletica v. Varsity Brands, which introduced a new chapter of copyright protection for useful articles. Although the standard sought to clarify the wide-spread disagreement over the separability doctrine, it has been shown to have low practical application. In 2018, Kanye West brought his notorious shoe, the Yeezy® Boost 350, to the Copyright Office to gain protection under Star Athletica. After a few attempts, he was able to convince the Copyright Office that his “2-D and sculptural claims” were copyrightable subject matter and not just an attempt to copyright a shoe. The registration of the two Yeezy® Boost 350 designs show the inherent inaptitude of Star Athletica and highlight the concerns professed by Justice Breyer
De Facto Life Sentencing: What is a De Facto Life Sentence and How Illinois Should Define this in their Sentencing Laws, 53 UIC J. Marshall L. Rev. 39 (2020)
Get PDFExtending Fourth Amendment Protections and Bivens Claims for Damages to Non-Citizens in Cross-Border Killing Context, 53 UIC J. Marshall L. Rev. 343 (2020)
Get PDF“Whatever the Cost”: How the July 2018 Proposed Rules to the Endangered Species Act Fall Short of the Act’s Original Intent, 53 UIC J. Marshall L. Rev. 429 (2020)
Get PDFPatents 254 Miles Up: Jurisdictional Issues Onboard the International Space Station, 19 UIC REV. INTELL. PROP. L. 365 (2020)
Get PDFOver the past few decades, the emergence of private companies pursuing space exploration proves that venturing into the final frontier is no longer exclusive to government-run operations. From satellites to rocket boosters, billions of dollars worth of private property flies into space every year. However, the expansion of these private companies creates unique jurisdictional challenges for patenting private inventions and processes in outer space. This comment examines what jurisdictional claims and remedies arise when a private third-party commits patent infringement in an outer space jurisdiction that did not issue the patent
Forgiven, Forgotten? Rethinking Victim Impact Statements for an Era of Decarceration, 68 UCLA L. Rev. Discourse 302 (2020)
Get PDFBrief of Amicus Curiae National Law School Veterans Clinic Consortium Supporting Claimant-Appellant, Arellano v. McDonough Docket No. 20-1073 (Fed. Cir. 2020)
Get PDFThe Clinic filed an amicus brief on behalf of NLSVCC in the United States Court of Appeals for the Federal Circuit. In its brief, NLSVCC argued that the VA should toll the statute of limitations when there are extenuating circumstances
