• Lee IP Article Makes “Best Of” List

    by  • May 13, 2015 • 0 Comments

    Professor Edward Lee’s article The Global Trade Mark (35 U. Pa. J. Int’l L. 917 (2014)) has been selected by the Intellectual Property Law Review as one of the best intellectual property articles of 2014. The article will appear in the 2015 edition of the Intellectual Property Law Review’s annual anthology, published by Thomson Reuters (West).

    Read an abstract of the article below, or download at http://ssrn.com/abstract=1804985.

    This Article offers a proposal for World Trade Organization (WTO) countries to adopt global intellectual property rights for a special class of trademarks: famous or well-known marks. Well-known marks are well-suited for greater departure from the territoriality principle, given the transnational protections for well-known marks that already exist under the Paris Convention and TRIPS Agreement. This Article proposes creating a Global Trademark (GTM) for well-known marks, to be governed by one, uniform international law. The GTM will span all countries in the WTO. The GTM is inspired, in part, by the Community Trade Mark (CTM) in the European Union, the first truly transnational intellectual property form. While the CTM is regional in scope, the GTM will be international.

    This Article proceeds in five Parts. Part I discusses the theory behind the Global Trade Mark (GTM) and why it is worth adopting today. Part II discusses the outlines of the proposed Global Trade Mark Treaty, whose signal feature will be to establish a uniform body of international law to govern the GTM and an International Court of the GTM to resolve conflicts over its interpretation. Part III discusses the two Pathways by which a trademark can be registered as a GTM: (1) international registration of an existing famous mark that is famous in a certain threshold number of countries (here under a proposed Rule of 7 countries, the formula of which is discussed below), or (2) an “intent-to-develop” registration of a mark an owner intends to make famous under the Rule of 7 countries within a prescribed time of 10 years. Part IV discusses enforcement of GTMs in national courts and post-registration issues, including abandonment and genericide. Part V addresses objections.

    Introducing the Spring 2015 Issue of Faculty Perspectives

    by  • May 8, 2015 • 0 Comments

    Faculty Perspectives is published regularly to highlight recent faculty scholarship at IIT Chicago-Kent College of Law. The latest issue spotlights our faculty’s work in the area of law, gender, and society. Katharine Baker, in an article forthcoming in the Minnesota Law Review, argues that the criminal law has been an inadequate vehicle for addressing rape and the norm of male entitlement to sex. In an excerpt from her book just published by the Cambridge University Press, Felice Batlan traces the history of legal aid and women’s role in shaping it. And Michael Spak, along with colleague Jonathan Tomes, enumerate the practical problems they see with modifying the military justice system to better handle sexual assault cases. Also in this issue, constitutional law scholar Steven Heyman considers the recent conservative-libertarian turn in First Amendment jurisprudence at the U.S. Supreme Court.

    View the Spring 2015 issue of Faculty Perspectives below or online at http://bit.ly/1PuQFY3. Find more recent Chicago-Kent scholarship at http://www.kentlaw.iit.edu/faculty/recent-scholarship.

    Walters and Ross-Jackson Win 2015 SBA Faculty Awards

    by  • May 1, 2015 • 0 Comments

    Two Chicago-Kent faculty members were honored at the Student Bar Association awards ceremony on April 27: Prof. Adrian Walters was named SBA Professor of the Year, and Marsha Ross-Jackson, Assistant Dean for Student Professional Development, was named SBA Adjunct Professor of the Year. Read the nomination text for both awards below.


    Walters SBA award

    Nomination text: Prof. Adrian Walters is a brilliant man who cares deeply about not only the success of his students but also actually getting to know them. He had made an effort to memorize all of our names before our very first class with him. Professor Walters also regularly updates his blog about any type of Contracts or legal issue he is interested in at the moment and encouraged his students to read it when it pertained to their learning. He facilitated the learning process inside and outside of the classroom and kept Contracts as fun and interesting as it could possibly get.


    ross-jackson SBA award

    Nomination text: Dean Ross-Jackson has been instrumental in increasing diversity and inclusion at Chicago-Kent. Dean Ross-Jackson is the frontrunner for Chicago-Kent’s diversity week and other diverse events on campus. In addition, she serves as Director of the Pre-Law Undergraduate Scholars Program and has been active in promoting Chicago-Kent to underrepresented high school students through DiscoverLaw, a program designed to give high school students a taste of the law school experience. Dean Ross-Jackson has been a tremendous role model, leader, and mentor at Chicago-Kent.

    Staudt’s Justice & Technology Practicum Celebrates Its Fifth Year

    by  • April 22, 2015 • 0 Comments

    By Alexander Rabanal, Access to Justice Fellow at Chicago-Kent’s Center for Access to Justice & Technology


    justice and tech practicum

     

    This fall marks the fifth year of Professor Ronald Staudt’s Justice & Technology Practicum, a groundbreaking course at IIT Chicago-Kent that teaches students how to create A2J Guided Interviews® and document assembly templates for use by self-represented litigants. A2J Guided Interviews are graphical interfaces that walk a person through a legal process and can also be used to generate a completed legal form. Since 2005, over 2.6 million A2J Guided Interviews have been run, producing over 1.5 million documents. With legal aid organizations typically burdened by limited resources and funding, Professor Staudt’s students make a critical contribution to closing the justice gap by creating powerful online self-help tools that scale up the delivery of legal assistance to those who cannot afford a private attorney or who are ineligible for legal aid.

    The Practicum is a hybrid classroom and clinical course. Students receive classroom instruction on the uses of technology to meet the legal needs of the poor and engage in lively discussions about the increasing role technology plays in both legal services delivery and private practice. Students are then paired with a legal aid attorney to address a justice problem and conduct critical legal research and fieldwork as the foundation for developing an interactive A2J Guided Interview and document assembly template for a legal aid organization. Over the past five years, Professor Staudt’s students have created interactive tools for legal aid organizations across the country, from California to North Carolina. Among other fieldwork activities, students may volunteer at the Self-Help Web Center at the Daley Center, where they help pro se litigants use A2J Guided Interviews and online legal self-help resources, such as those found on Illinois Legal Aid Online.

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    Explore New Faculty Books

    by  • April 21, 2015 • 0 Comments

    Books That Matter is a new publication highlighting monographs, edited works, treatises, and casebooks written by Chicago-Kent faculty since 2012. These books have been published by presses including Oxford, Cambridge, and the University of Chicago and span more than 30 areas of law. Explore the publication below for more.

    For more recent Chicago-Kent faculty scholarship, visit http://www.kentlaw.iit.edu/faculty/recent-scholarship.

    Harding Receives 2015 John W. Rowe Excellence in Teaching Award

    by  • April 15, 2015 • 0 Comments

    Prof Sarah HardingIIT Chicago-Kent College of Law Professor Sarah Harding received the John W. Rowe Excellence in Teaching Award at IIT’s annual Faculty Recognition and Awards Reception on April 9. The award was given in recognition of Professor Harding’s noteworthy teaching efforts and dedication to IIT. University deans Christine Himes (Lewis College of Human Sciences), Harold Krent (Chicago-Kent), and Wiel Arets (College of Architecture) served on the review committee for the award, which was announced by IIT Provost Alan Cramb. The award is named for John W. Rowe, past chairman of the IIT Board of Trustees and chairman emeritus of Exelon Corporation.

    Professor Harding joined the IIT Chicago-Kent faculty in 1995. Her research focuses primarily on property-related issues—in particular the social and cultural significance of property. She teaches a range of courses, including property law, cultural heritage law, comparative law, and comparative Constitutional law. From 2008 to 2014 she was associate dean for faculty research and development. Professor Harding has a B.A. from McGill University and holds law degrees from Dalhousie, Oxford (Rhodes Scholar), and Yale.

    Find Professor Harding’s full biography, including links to her scholarship, at: http://www.kentlaw.iit.edu/faculty/full-time-faculty/sarah-k-harding.

    Know Your Constitution (8): What is State Action?

    by  • March 12, 2015 • 0 Comments

    Nahmod_Sheldon thumb By Sheldon Nahmod [Reposted from Nahmod Law]


    This is the eighth in a series of posts about the United States Constitution written in everyday language with a minimum of legal jargon.

    Previous posts introduced the Constitution, rebutted some commonly held myths about the Constitution,  addressed the Equal Protection Clause, considered free speech and hate speech and discussed procedural and substantive due process.

    This post deals with the important concept of state action. Non-lawyers should understand that private persons cannot violate another’s equal protection, due process or, say, 1st or 4th Amendment rights. Only governments can.

    The Basics

    The term “state action” stems from the language of section 1 of the 14th Amendment which provides in relevant part that states (including local governments) must treat people equally and fairly (equal protection) and must not deprive them of basic rights (due process, which includes most of the provisions of the Bill of Rights through a process called “incorporation”).

    This means that I personally, as a private person, cannot violate your constitutional rights, at least those based on the 14th Amendment. Some governmental involvement is required. For example, if I punch you because I disagree with your views, I may have violated state law but not the 1st Amendment. On the other hand, if a police officers arrests you because of what you said, that arrest is state action and may turn out to violate your 1st Amendment rights.

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    American Academy of Appellate Lawyers Names Steinman Honorary Fellow

    by  • March 5, 2015 • 0 Comments

    [Reposted from IIT Chicago-Kent News]


    IIT Chicago-Kent College of Law Distinguished Professor Joan E. Steinman has been named an Honorary Fellow of the American Academy of Appellate Lawyers. Members are elected by the Academy’s board of directors. Professor Steinman will be inducted during the organization’s spring meeting April 16 to 18, in Santa Fe, New Mexico.

    Distinguished Professor Joan E. Steinman.

    Founded in 1990, the American Academy of Appellate Lawyers is “committed to advancing the administration of justice and promoting the highest standards of professionalism and advocacy in appellate courts.” Membership in the Academy is by invitation only, following nomination by current Fellows.

    A member of the IIT Chicago-Kent faculty since 1977, Professor Steinman teaches courses in civil procedure, complex litigation, and appellate courts. She was named a Distinguished Professor in 1999.

    Professor Steinman is a prolific legal scholar who has written articles on the associational privacy privilege in civil litigation, class actions, suits for money damages to vindicate First Amendment rights, pseudonymous litigation, law of the case doctrine, removal, supplemental jurisdiction, the effects of case consolidation on litigants’ procedural rights, several aspects of appellate jurisdiction and procedure, and other procedural issues. She is responsible for two volumes of the Wright, et al., Federal Practice and Procedure treatise, and co-authored a casebook on appellate courts.

    Professor Steinman is the first and only scholar to win two Eisenberg prizes from the American Academy of Appellate Lawyers. The award recognizes and encourages “publication of high-quality articles in the field of appellate practice and procedure.” In 2005, Professor Steinman received the award for her Georgia Law Review article “Irregulars: The Appellate Rights of Persons Who Are Not Full-Fledged Parties.” She was similarly honored in 2012 for “Appellate Courts as First Responders: The Constitutionality and Propriety of Appellate Courts’ Resolving Issues in the First Instance,” published in the Notre Dame Law Review. (more…)

    Perritt Presents at National Association of Attorneys General Meeting

    by  • March 3, 2015 • 0 Comments

    From February 23-25, the National Association of Attorneys General (NAAG) held its annual Winter Meeting in Washington, D.C., bringing together attorneys general, federal officials, and other professionals to discuss current legal issues. Professor Henry H. Perritt, Jr., spoke at the meeting in a panel on unmanned aircraft systems (“drones”) and the challenges that arise in regulating them. See a video of Prof. Perritt’s presentation above.

    In his presentation, Prof. Perritt urged lawmakers to resist the reflex to rush in and regulate drones with excessive restrictions—especially smaller “microdrones,” which pose little threat to safety or privacy but which are integral to the development of the technology. He commended the FAA’s recent notice of proposed rulemaking, which addresses some of the risks drones pose while leaving sufficient room for markets to drive technological innovation. In this proposal, regulations are tailored to reality, encouraging a culture of compliance and law-abiding autonomy appropriate to the technology. Contrary to a common opinion, Perritt argued that the law serves best when it follows technology in this manner, waiting to see how that technology plays out in the real world.

    Prof. Perritt has written extensively on drones for numerous law and trade publications. See more of his scholarship here.

    Notable speakers at the NAAG Winter Meeting included FTC Chairwoman Edith Ramirez, FBI Director James Comey, and US Vice President Joe Biden.

    The Conservative Justices, the Constitution, and the First Amendment

    by  • February 24, 2015 • 0 Comments

    This post is based on The Conservative-Libertarian Turn in First Amendment Jurisprudence, 117 W. Va. L. Rev. 231 (2014), which Professor Heyman recently presented as the Third Annual C. Edwin Baker Lecture for Liberty, Equality, and Democracy at West Virginia University College of Law.

    Heyman_Steven thumb By Steven J. Heyman [Reposted from ISCOTUSnow]


    In recent years, a conservative majority of the Supreme Court has issued a raft of decisions that have cheered the right and dismayed the left. To name only a few, District of Columbia v. Heller (2008) declared that the Second Amendment guarantees an individual right to own firearms. Citizens United v. Federal Election Comm’n (2010) and McCutcheon v. Federal Election Comm’n (2014) struck down key limitations on the ability of corporations and wealthy individuals to dominate the political process. And Burwell v. Hobby Lobby (2014) held that, under the Religious Freedom Restoration Act, family-owned corporations have a right to religious liberty which permits them to deny contraceptive coverage to their female employees.

    Decisions like this clearly align with the political attitudes of the Justices. But I believe that these decisions also can be understood to reflect a deeper political and constitutional theory. To see this point, we must recognize that the conservative view of the Constitution is not monolithic, but includes two different strands. The first strand is a traditional conservative position which supports the government’s authority to enforce law and order and to promote traditional moral and social values. In contrast, the second strand is a libertarian position which emphasizes the need to protect individual freedom against government regulation. It is this second strand of conservative ideology that accounts for the decisions on gun ownership, campaign spending, and religious liberty that I have mentioned. This strand also underlies recent decisions that expand protection for property rights, cut back on affirmative action, and impose limits on the welfare state and the power of the federal government.

    As Citizens United and McCutcheon show, this conservative-libertarian view is also one of the most powerful currents in contemporary First Amendment jurisprudence. A leading case is American Booksellers Ass’n v. Hudnut (7th Cir. 1985), which struck down a feminist anti-pornography ordinance. Judge Frank H. Easterbrook ruled that the state may regulate sexually explicit material to protect traditional morality, but not to promote gender equality – a rationale that he condemned as a form of authoritarian “thought control.” Likewise, in R.A.V. v. City of St. Paul (1992), Justice Antonin Scalia treated a city’s ban on cross-burning as an impermissible effort to impose political correctness by punishing the expression of racist ideas. And in Boy Scouts of America v. Dale (2000), Chief Justice William H. Rehnquist ruled that the First Amendment right to freedom of association permitted the Scouts to deny membership to gay persons on moral grounds. In all of these cases – most of which were decided by a vote of five to four – conservative judges used the First Amendment to protect their conception of individual liberty against laws that sought to promote social values like dignity, equality, and community. (more…)

    Brown Delivers Keynote at IU Symposium

    by  • February 19, 2015 • 0 Comments

    On February 12, the Indiana International and Comparative Law Review (IICLR) hosted its annual symposium at Indiana University’s McKinney School of Law, focusing on current trends in international criminal law. Professor Bartram Brown delivered the keynote address for this year’s main topic—“Is 2015 the Beginning of the End for the ICC and Guantanamo Bay, or a Turning Point for the Law and Practice of International Criminal Law?”

    Click here for a full schedule of the symposium, which featured panels on the Rome Statute of the International Criminal Court and on U.S. military commissions at Guantanamo Bay.

    According to its website, IICLR “is a student-edited law Journal devoted to the study and analysis of current international legal issues and events. Published continuously since 1991, the Review provides a specialized and unique format for students to take broad legal topics and shed an international and/or comparative light onto them.” The scholarship presented at the symposium is later published in a special symposium issue of the IICLR.