2008 Articles

The 7th Circuit considers the Immigration Nursing Relief Act By Anne M. Skallerup August 2008 The Court of Appeals in the Seventh Circuit affirmed the district court’s holding that a private complaint is not necessary for the Secretary of Labor to initiate an investigation under the Immigration Nursing Relief Act, and that if foreign nurses are not paid the same wage as domestic registered nurses similarly employed in a facility, then they are entitled to back pay for their entire H-1A visa work period.

The 7th Circuit upholds application of the act-of-state doctrine By Timothy B. White June 2008 In a relatively rare case involving the act-of-state doctrine, the Court of Appeals in the Seventh Circuit determined that the district court did not err in applying the act-of-state doctrine to the Plaintiff’s claim for the wrongful loss of his property when Polish police seized and subsequently “lost” his computers after Defendants filed a criminal complaint against his Polish corporation for alleged intellectual property infringement.

Advantages and benefits for U.S. investors in Thailand By Piyatida Pavasutti January 2008 The World Bank has also published very positive rankings of Thailand for ease of doing business. Not only is Thailand one of the top five countries in Asia, but it also one of the top 20 countries on the planet in this category.

An argument to maintain the first-to-invent system: It is superior, so don’t change it By David S. Robert December 2008 Patent law increasingly plays a fundamental role in advancing the global economy.

Attorneys interested in pro bono cases July 2008 For the past two years Jefferson Mok has served as the National Immigrant Justice Center’s Pro Bono Project Coordinator.

Chicago hosts major international arbitration event By Christopher R. Minelli May 2008 The International Centre for Dispute Resolution is bringing together arbitration experts to discuss timely issues at a major conference to be held in Chicago April 24-25, at the InterContinental Hotel.

China’s great leap forward in private property protection By Wang Ying March 2008 While the P.R.C.’s Property Right Protection Law may not seem extraordinary to a common law lawyer, it forges seminal new rights in private property protection in China.

Citing foreign and international law in U.S. domestic court decisions: What would the founding fathers say? By Scott D. Pollock July 2008 In speeches to several law schools in 2005, former Attorney General Alberto Gonzales, criticized the use of foreign law in Supreme Court opinions, “calling it anti-democratic and unworkable.”

Comparison of patent litigation in the United States, Germany, and Japan By Gary M. Ropski & Thomas C. Burton August 2008 Earlier this year, the International and Immigration Law Section Council held a continuing legal educations program entitled, “Intellectual Property and International Law Issues in Representing a Globally Expanding Company.”

Compliance with United States export controls By Richard T. Ruzich & Daniel Cherry November 2008 Your Client enters into an agreement with the United States Government

Complying with U.S. Export Controls February 2008 The U.S. Department of Commerce’s two-day program will be led by professional counseling staff of the U.S. Department of Commerce Bureau of Industry & Security (BIS) and provides an in-depth examination of the Export Administration Regulations (EAR).

Death penalty article By David W. Austin June 2008 Last month, the United States Supreme Court once again ruled that the state can kill people as punishment for the commission of certain crimes.

Diversity visas for 2009: Top five questions asked by clients By Shannon M. Shepherd January 2008 The Diversity Visa (DV) lottery program for fiscal year 2009 had open registration from October 3, 2007, until midnight on December 2, 2007.

Diversity Visas for FY ’08 and FY ‘09—What are they and how can they be obtained? By Scott D. Pollock February 2008 Each year since the 1995,2 up to 55,000 immigrants per year have been admitted to the U.S. as “diversity immigrants” as natives of countries with low rates of immigration.

Editor’s comments By Lewis F. Matuszewich December 2008 This issue of The Globe includes the “Message from the Chair” by Pradip Sahu, and an article by Section Vice Chair, Cindy Galway Buys concerning the relationship between the Illinois State Bar Association’s Section Council on International and Immigration Law with the various Consulates within Chicago.

Editor’s comments By Lewis F. Matuszewich November 2008 Pradip K. Sahu, Chair of the International and Immigration Law Section Council and Alpana P. Sahu provided us “Looking for a Precedent for Three Dimensional Trademarks in Japan? Coke is it”.

Editor’s comments By Lewis F. Matuszewich August 2008 Each of you, as a member of the International and Immigration Law Section, has a lot to be proud of concerning the high level of activity you have been and continue to be accomplishing.

Editor’s comments By Lewis F. Matuszewich July 2008 Welcome to the first issue of The Globe for the 2008-2009 year. I look forward to working with Pradip Sahu, the new Chair, and the other new officers and new and reappointed members of the Section Council

Finding a way out: A brief examination of the Trademark Fair Use Principle in China By Pengcheng Gao March 2008 The fair use principle started in copyright law, but has long been incorporated into trademark law as well.

The ice person cometh By John F. Fatino March 2008 Increasingly, corporate counsel and other employment practitioners have become concerned about the enforcement activities of both the federal and state governments concerning the hiring of undocumented workers.

If the U.S. detains foreign visitors arriving at the airport, is consular notice required? By Cindy G. Buys & Mark E. Wojcik May 2008 The issue of consular notice is presently before the U.S. Supreme Court in Medellin v. Texas, No. 06-984.

Indian patent law survives challenge by Swiss drug company By Alpana P. Sahu & Pradip K. Sahu February 2008 In August 2007, the High Court of Judicature in Madras ruled against the pharmaceutical company Novartis in its challenge of the Patents Act of India.

The International and Immigration Section Council on the World Wide Web By Gwendolyn M. Osmer May 2008 The mission of the International and Immigration Law Section Council of the Illinois State Bar Association is to improve the knowledge and skill of Illinois attorneys in the fields of international business law and immigration law and to inform the general public about these growing areas; to raise the awareness of section members about the legal and political issues of international, both public and private; to raise the consciousness of Illinois lawyers representing the foreign born in general legal matters; and to publish newsletters and sponsor seminars and conferences in furtherance of these goals.

International child visitation By Mark E. Wojcik June 2008 It comes as no surprise that the population of the United States is increasingly mobile.

International trade basics: How to advise clients with global products and services By Casey A. Fry June 2008 As the fifth largest exporting state in the country, Illinois is home to a large number of businesses participating in international trade.

Invest in Mexico: The perils of Mexican labor unions are a thing of the past By Antonio Guerra-Gomez February 2008 You may confidently advise your clients to invest in Mexico, where union hazards are a thing of the past.

The irony of blasphemy laws in a democratic nation such as Pakistan and its ramifications for immigration lawyers in the U.S. By Farrah Qazi January 2008 With Pakistan in the news constantly, it’s a fine time to examine its justice system and human rights record.

A Law Day program on the crisis in Darfur By Scott W. Gertz May 2008 The images have been horrific. The United States government has labeled the atrocities committed by the Sudanese government genocide.

A Law Day Program on the crisis in Darfur By Scott W. Gertz March 2008 The images have been horrific. The United States government has labeled the atrocities committed by the Sudanese government genocide.

Looking for a precedent for three-dimensional trademarks in Japan? Coke is it By Pradip K. Sahu November 2008 On May 29, 2008, the Japan Intellectual Property High Court reversed the decision of the Japan Patent Office (the “JPO”) in which the JPO rejected the application for registration of one of the Coca-Cola Company’s unique bottle shapes as a three-dimensional trademark.