UIC Law Open Access Repository
Not a member yet
4764 research outputs found
Sort by
Kisor and the Piecemeal Dismantling of the Modern Administrative State, 3 Am. Const. Soc. Sup. Ct. Rev. 165
No full textThe F Word - An Early Empirical Study of Trademark Registration of Scandalous and Immoral Marks in the Aftermath of the In re Brunetti Decision, 18 J. Marshall Rev. Intell. Prop. L. 404 (2019)
Get PDFThis article seeks to create an early empirical benchmark on registrations of marks that would have failed registration as “scandalous” or “immoral” under Lanham Act Section 2(a) before the Court of Appeals for the Federal Circuit’s In re Brunetti decision of December 2017 and to briefly examine the possible outcome of the Supreme Court’s grant of certiorari on that case. The Brunetti decision followed closely behind the Supreme Court’s Matal v. Tam and put an end to examiners denying registration on the basis of Section 2(a). In Tam, the Supreme Court reasoned that Section 2(a) embodied restrictions on free speech, in the case of “disparaging” marks, which were clearly unconstitutional. The Federal circuit followed that same logic and labeled those same Section 2(a) restrictions as unconstitutional in the case of “scandalous” and “immoral” marks. Before the ink was dry in Brunetti, commentators wondered how lifting the Section 2(a) restrictions would affect the volume of registrations of marks previously made unregistrable by that same section. Predictions ran the gamut from “business as usual” to scenarios where those marks would proliferate to astronomical levels. A little more than a year out from Brunetti, it is hard to say with certainty what could happen, but this study has gathered the number of registrations as of March of 2019 and the early signs seem to indicate a future not much altered, despite early concerns to the contrary. In January 2019 the Supreme Court agreed to review the Federal Circuit’s decision and that review will lead to clarification on whether scandalous and immoral marks are also protected by the First Amendment. Shortly before publication of this article, on June 24th, 2019, the Supreme Court decided the Brunetti case. In essence, the Court upheld the Federal Circuit’s decision maintaining the unconstitutionality of Section 2(a) restrictions on registration of “scandalous” and “immoral” marks. A short postscript analyzing the Supreme Court’s decision concludes this article
Non--Physician vs. Physician: Cross--Disciplinary Expert Testimony In Medical Negligence Litigation----Who Knows The Standard Of Care?, 35 Ga. St. U.L. Rev. 679 (2019)
No full textEveryone Bleeds Guilty: Blood Draws for Law Enforcement Purposes in Light of the HIPAA Privacy Rule and Recent Supreme Court Decisions, 52 UIC J. Marshall L. Rev. 489 (2019)
Get PDFIntoxicated driving claims more than 10,000 lives per year. In efforts to combat this devastating statistic, states have enacted laws that permit law enforcement officers to order warrantless blood draws from suspects of driving under the influence. In doing so, law enforcement officers seek the assistance of medical personnel to carry out the phlebotomy process. While medical personnel are obliged to assist law enforcement with their investigations, they also have an ethical duty to their patient and a legal duty to comply with the Health Insurance Portability and Accountability Act of 1996. What are the legal implications when the suspect becomes the patient? Oftentimes, medical personnel are left struggling to determine how to appropriately respond to law enforcement officers’ requests for blood draws where there is no court order or warrant. Such requests can trigger a wide range of compliance issues. What is the interest that prevails? Is it the privacy interests of the individual as a patient; the interests of healthcare providers in protecting the privacy of patients in their health records; or the interests of the state to deter intoxicated driving? This comment surveys current federal regulation, recent Supreme Court Jurisprudence and state law as it relates to this nexus of patient care and law enforcement
The Return of Deregulation and Trickle-Down Economics in the Age of Trump: Why the Efficient Market Hypothesis Refuses to Die and the Implications for U.S. Economic Policy at Large, 5 J. Marshall Global Mkt. L.J. 1 (2019)
Get PDFThe 2008 market collapse created economic devastation not seen in the United States since the Great Depression. More than a decade later, the reappearance of a fiscal agenda rooted in deregulation and trickle-down economics risks a return to the boom and bust cycles that have unfailingly wrought great economic pain on the American people. The ever-increasing inequality gap between the rich and poor is particularly concerning
Repurposing Golf Courses and Other Amenities That Burden the Land: Covenants Running Forever – A Transactional Perspective, 52 UIC J. MARSHALL L. REV. 603 (2019)
Get PDF
Climate Change Limitations of the Legal System in Addressing the Threats, IAFOR International Conference on Sustainability, Energy & the Environment 2019
Get PDFClimate Change Limitations of the Legal System in Addressing the Threats, IAFOR International Conference on Sustainability, Energy & the Environment 201