Vol. 94, Issue 1

The Members of the Chicago-Kent Law Review

Table of Contents

The Piper Lecture

The Metastasization of Mandatory Arbitration
Alexander J.S. Colvin, Cornell University
94 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 3 (2019)
Abstract: Mandatory arbitration procedures have expanded to become a common feature of American employment relations. This article presents the results of a new original survey examining the extent of mandatory arbitration, where it is most commonly used, and which employees it is most likely to affect. Continue—>

Student Notes & Comments

“Good Reason” Laws under the Gun: May-Issue States and the Right to Bear Arms
Jack M. AmaroIIT Chicago-Kent College of Law
94 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 27 (2019)
Abstract: This note proposes a framework for analyzing the point at which discretionary restrictions on the concealed carry of firearms are unconstitutional under the Second Amendment, which, at its core, guarantees the responsible, law-abiding citizen at least the right to use a firearm for self-defense. Continue—>

The “Art” of Future Life: Rethinking Personal Injury Law for the Negligent Deprivation of a Patient’s Right to Procreation in the Age of Assisted Reproductive Technologies
Erika N. AugerIIT Chicago-Kent College of Law
94 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 51 (2019)

Consequences for Patent Owners if a Patent is Unconstitutionally Invalidated by the Patent Trial and Appeal Board
Mark MagasIIT Chicago-Kent College of Law
94 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 79 (2019)
Abstract: There have been many constitutional challenges against the Patent Trial and Appeal Board (“PTAB”) since it was created by the America Invents Act in 2011. While the merits of these challenges have been widely debated, there has been little analysis of what would happen if one of these challenges succeeded and patents are found to have been unconstitutionally invalidated. Continue—>

Path to Destruction: Cook County’s Property Tax System is a Cause for Concern as it Mimics the Defunct Taxing Procedures that Led to the Detroit Foreclosure Crisis
Robert RomanoIIT Chicago-Kent College of Law
94 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 107 (2019)
Abstract: For decades, Cook County, Illinois, has had one of the highest property tax rates in the country, and as a result the County has begun to experience unprecedented foreclosure rates which has contributed, in part, to the State’s significant population decline. Continue—>

Clarifying the Scope of the Self-Incrimination Clause: City of Hays v. Vogt
Samantha RubenIIT Chicago-Kent College of Law
94 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 137 (2019)
Abstract: Three months after oral arguments, the Supreme Court dismissed the writ of certiorari in City of Hays v. Vogt as improvidently granted. The question in Vogt was whether the Fifth Amendment right against self-incrimination is violated when incriminating statements are used at a probable cause hearing, as opposed to a criminal trial. Continue—>

Enhanced Patent Infringement Damages Post-Halo and the Problem with Using the Read Factors
Betül SerbestIIT Chicago-Kent College of Law
94 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 157 (2019)
Abstract: The United States Patent Act allows a patent holder to recover treble damages for “willful infringement.” The standard for willful infringement has changed over the years, with the United States Supreme Court providing the most recent explanation of what is “willful” in Halo Electronics, Inc. v. Pulse Electronics, Inc. in 2016. Continue—>

President Trump’s Big Beautiful Wall: Discrimination, Eminent Domain, and the Public Use Requirement
Meghan K. TierneyIIT Chicago-Kent College of Law
94 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 179 (2019)
Abstract: At a press conference held in Trump Tower New York City on June 16, 2015, Donald Trump announced his candidacy for President of the United States by promising to expand the border wall along the Southern United States. President Trump has insisted that his only reasons behind completely separating the United States from Mexico are to curtail illegal immigration and curb drug cartel activity, but many argue that his statements indicate a much more sinister motive based in racial discrimination. Continue—>

Is DNA Really a Natural Product? It’s Time to Separate Fact from (Legal) Fiction: An Examination of DNA Patentability as a Biological Algorithm in the Post-Myriad Era
Nicholas UlenIIT Chicago-Kent College of Law
94 Cʜɪ.-Kᴇɴᴛ L. Rᴇᴠ. 205 (2019)
Abstract: In 2013, the United States Supreme Court delivered its landmark decision in Ass’n for Molecular Pathology v. Myriad Genetics, Inc., holding isolated DNA unpatentable, thereby invalidating the claims of thousands of DNA patents in the process. The opinion, delivered by Justice Thomas, reasoned that the act of separating DNA from the body did not sufficiently transform the molecule beyond what naturally exists. Continue—>