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Legal Discrimination Against Organ Transplant Candidates: Medicinal Marijuana and the Double-Edged Sword, 52 UIC J. Marshall L. Rev. 859 (2019)
Get PDFThe Financial Oversight and Management Board for Puerto Rico: Does the Appointments Clause Govern the Appointments of Members of the Financial Oversight and Management Board for Puerto Rico
No full textThe Practical Implications of Unexamined Assumptions: Disrupting Flawed Legal Arguments to Advance the Cause of Justice, 58 Washburn L.J. 531 (2019)
No full textPredictive Analytics, 51 Loy. U. Chi. L.J. 161 (2019)
No full text“Predictive Analytics” blends the latest research in behavioral economics with artificial intelligence to address one of the most important legal questions at the heart of intellectual property law and antitrust law - how do courts and agencies make judgments about innovation and competition policies? How can they better predict the consequences of intervention or non-intervention? The premise of this Article is that we should not continue to build doctrine at the IP-antitrust on theoretical neoclassical assumptions alone but also on the reality of markets using all that AI has to offer us. Behavioral economics and AI do not replace traditional antitrust analysis. Rather, they are complements and imbue antitrust law with continuing durability. Predicting competitive effects is difficult and we need tools to predict outcomes as precisely and reliably as possible. Until now, antitrust law has only been able to operate before a veil of assumptions and rhetoric. Stakeholders have only been able to think about whether and how to intervene in the exercise of IP rights, particularly patent rights, in the broadest terms since even the smallest perturbations in a complicated set of variables can set off ripples that lead to dramatically divergent outcomes. Facts have always mattered in antitrust law, and a more expansive toolkit can only increase our likelihood of getting it right. Behavioral economics sheds light on anticompetitive conduct that neoclassical antitrust may regard as irrational and therefore improbable. Once we recognize that it is rational and probable, we need to quantify and value the effects of the conduct. To do this, we need to employ more of the analogical reasoning intrinsic in antitrust law. For that, predictive analytics is very good in helping stakeholders with pattern recognition and simulation runs. This brings us closer to being able to ascribe value which human judgment can be brought to bear. In these, AI provides stakeholders with augmented capabilities to confront the computational challenges these tasks require
Finding the Goldilocks Zone: Negotiating Your First Employment Offer in Legal Academia, 69 J. Legal Educ. 48 (2019)
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Are Carve-Outs Killing the Spirit of Sanctuary Cities? A Comparative Analysis of Chicago and Oak Park’s Sanctuary Policies, 52 UIC J. Marshall L. Rev. 395 (2019)
Get PDFIn the United States, undocumented immigrants often shy away from accessing public services due to fear of deportation. Chicago and Oak Park have passed ordinances commonly known as “sanctuary policies,” which seek to promote trust between immigrant communities and local law enforcement in order to lower crime rates and increase public safety. The rationale is that undocumented immigrants will feel more confident to report crimes and utilize public and social services without fear of repercussions. Sanctuary policies strive to create basic protections for undocumented immigrants at a local level by limiting cooperation with the federal government. However, many sanctuary policies are inadequate because they contain carve-outs that leave many undocumented populations unprotected. This comment analyzes Chicago and Oak Park’s sanctuary policies. It proposes amendments to Chicago’s Welcoming City ordinance and utilizes Oak Park’s Welcoming Village ordinance as a model for such changes
Understanding International Tax Avoidance and Tax Evasion Post-TCJA, 53 UIC J. MARSHALL L. REV. 975 (2019)
Get PDFThe New Approaches to Digital Anti-Piracy in the Entertainment Industry, 19 UIC Rev. Intell. Prop. L. 75 (2019)
Get PDFThis article is about digital anti-piracy. The entertainment industry has been combating piracy over the internet for the last 40 years. This article gives an overview of the digital anti-piracy approaches, analyzes the reasons why people commit piracy, demonstrates the disappointing results of the current state of anti-piracy, and offers new approaches that may help to reduce digital piracy