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Series

2001

Chicago-Kent College of Law

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Articles 1 - 30 of 39

Full-Text Articles in Law

Once More Into The Bramble Bush: Duty, Causal Contribution, And The Extent Of Legal Responsibility, In Symposium, The John W. Wade Conference On The Third Restatement Of Torts, Richard W. Wright Dec 2001

Once More Into The Bramble Bush: Duty, Causal Contribution, And The Extent Of Legal Responsibility, In Symposium, The John W. Wade Conference On The Third Restatement Of Torts, Richard W. Wright

All Faculty Scholarship

Courts, lawyers, law students, and academics continue to confuse the empirical issue of causal contribution with the distinct normative issues of tortious conduct and legal injury, which precede and frame the causal-contribution inquiry, and the normative issue of the extent of legal responsibility for tortiously caused consequences, which follows the causal-contribution inquiry. In a number of prior articles, I have tried to distinguish and clarify these various issues, which arise not only in tort law, but also in much the same form in criminal law and many other areas of the law. I have focused primarily on distinguishing and clarifying ...


American Society For Reproductive Medicine Addresses Preconception Gender Selection, Valerie Gutmann Koch Jul 2001

American Society For Reproductive Medicine Addresses Preconception Gender Selection, Valerie Gutmann Koch

All Faculty Scholarship

No abstract provided.


Nord Issues Gene Patenting Statement, Valerie Gutmann Koch Jul 2001

Nord Issues Gene Patenting Statement, Valerie Gutmann Koch

All Faculty Scholarship

No abstract provided.


After Steel Co.: 'Hypothetical Jurisdiction' In The Federal Appellate Courts, Joan E. Steinman Apr 2001

After Steel Co.: 'Hypothetical Jurisdiction' In The Federal Appellate Courts, Joan E. Steinman

All Faculty Scholarship

In Steel Co. v. Citizens for a Better Environment, the United States Supreme Court, sua sponte, denounced the doctrine of "hypothetical jurisdiction," a doctrine that, in some circumstances, allowed courts to assume, arguendo, the existence of jurisdiction and to address the merit questions presented by cases. Several of the Justices distanced themselves from the denunciation, however, and despite the vociferousness of the position taken by the majority, even it found that there were exceptional circumstances in which the Court had acted properly (and presumably in which other courts would act appropriately) in assuming jurisdiction arguendo and addressing merits questions. The ...


Fred Bosselman As Participant-Observer Lawyer: The Case Of Habitat Conservation Planning, A. Dan Tarlock Mar 2001

Fred Bosselman As Participant-Observer Lawyer: The Case Of Habitat Conservation Planning, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Taking Legal Communications Seriously, Henry H. Perritt Jr. Mar 2001

Taking Legal Communications Seriously, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Analysis Of U.S. Supreme Court Employment Law Decisions, Henry H. Perritt Jr. Mar 2001

Analysis Of U.S. Supreme Court Employment Law Decisions, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Towards A Hybrid Regulatory Scheme For The Internet, Henry H. Perritt Jr. Mar 2001

Towards A Hybrid Regulatory Scheme For The Internet, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


"Touchy" "Feely" -- Is There A Constitutional Difference? The Constitutionality Of "Prepping" A Passenger's Luggage For A Human Or Canine Sniff After Bond V. United States, David S. Rudstein Mar 2001

"Touchy" "Feely" -- Is There A Constitutional Difference? The Constitutionality Of "Prepping" A Passenger's Luggage For A Human Or Canine Sniff After Bond V. United States, David S. Rudstein

All Faculty Scholarship

No abstract provided.


Domestic Partnership And Erisa Preemption, Jeffrey G. Sherman Mar 2001

Domestic Partnership And Erisa Preemption, Jeffrey G. Sherman

All Faculty Scholarship

No abstract provided.


Tribute To The Achievements Of Professor Fred P. Bosselman, A. Dan Tarlock Mar 2001

Tribute To The Achievements Of Professor Fred P. Bosselman, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Alternative Caretaking And Family Autonomy: Some Thoughts In Response To Dorothy Roberts, Katharine K. Baker Feb 2001

Alternative Caretaking And Family Autonomy: Some Thoughts In Response To Dorothy Roberts, Katharine K. Baker

All Faculty Scholarship

No abstract provided.


Breaking The Barrier Between Regionalism And Multilateralism: A New Perspective On Trade Regionalism, Sungjoon Cho Feb 2001

Breaking The Barrier Between Regionalism And Multilateralism: A New Perspective On Trade Regionalism, Sungjoon Cho

All Faculty Scholarship

No abstract provided.


Laidlaw: Redressing The Law Of Redressability, Harold J. Krent Feb 2001

Laidlaw: Redressing The Law Of Redressability, Harold J. Krent

All Faculty Scholarship

No abstract provided.


Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder Feb 2001

Juries And Technology: Equipping Jurors For The Twenty-First Century (Symposium), Nancy S. Marder

All Faculty Scholarship

No abstract provided.


A Conceptual Framework For Genetic Policy, Lori B. Andrews Feb 2001

A Conceptual Framework For Genetic Policy, Lori B. Andrews

All Faculty Scholarship

No abstract provided.


Dialectics And Domestic Abuse, Katharine K. Baker Feb 2001

Dialectics And Domestic Abuse, Katharine K. Baker

All Faculty Scholarship

No abstract provided.


Revised Article 9 Meets The Bankruptcy Code: Policy And Impact, (With C. Mooney, Jr.)., Steven L. Harris Feb 2001

Revised Article 9 Meets The Bankruptcy Code: Policy And Impact, (With C. Mooney, Jr.)., Steven L. Harris

All Faculty Scholarship

No abstract provided.


Conditioning The President's Conditional Pardon Power, Harold J. Krent Feb 2001

Conditioning The President's Conditional Pardon Power, Harold J. Krent

All Faculty Scholarship

No abstract provided.


Judging Judging: The Problem Of Second-Guessing State Judges' Interpretation Of State Law In Bush V. Gore, Harold J. Krent Feb 2001

Judging Judging: The Problem Of Second-Guessing State Judges' Interpretation Of State Law In Bush V. Gore, Harold J. Krent

All Faculty Scholarship

No abstract provided.


The Gfp (Green) Bunny: Reflections On The Intersection Of Art, Science And The First Amendment, Sheldon Nahmod Feb 2001

The Gfp (Green) Bunny: Reflections On The Intersection Of Art, Science And The First Amendment, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.


Privatizing Justice But By How Much? Questions Gilmer Did Not Answer, Martin H. Malin Feb 2001

Privatizing Justice But By How Much? Questions Gilmer Did Not Answer, Martin H. Malin

All Faculty Scholarship

No abstract provided.


Disciplining Sexual Harassers In The Unionized Workplace: Judicial Precedent Is Influencing Arbitrator Attitudes, Awards, Lisa I. Fried-Grodin Jan 2001

Disciplining Sexual Harassers In The Unionized Workplace: Judicial Precedent Is Influencing Arbitrator Attitudes, Awards, Lisa I. Fried-Grodin

Louis Jackson National Student Writing Competition

No abstract provided.


Unions In A Fragmented Society, Christopher Grant Jan 2001

Unions In A Fragmented Society, Christopher Grant

Louis Jackson National Student Writing Competition

No abstract provided.


The Americans With Disabilities Act After University Of Alabama V. Garrett: Should The States Be Immune From Suit?, Nichole S. Richter Jan 2001

The Americans With Disabilities Act After University Of Alabama V. Garrett: Should The States Be Immune From Suit?, Nichole S. Richter

Louis Jackson National Student Writing Competition

No abstract provided.


Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman Jan 2001

Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions?, Joan E. Steinman

All Faculty Scholarship

In this Article, I consider whether "limited generosity" classes may be used to determine a defendant's entire liability for punitive damages arising from a defined course of conduct. The goals of such a class action would include adequately punishing and deterring the defendant, keeping the defendant's liability within state-mandated and constitutional limits, and facilitating equitable distribution of the damages among injured plaintiffs. The Article describes the legal limits on punitive damages liability that states have established and that the Supreme Court has held substantive due process to impose, and then carefully examines whether such limits constitute a predicate ...


Private International Aspects Of The Protection Of Trademarks (Wipo Doc. No. Wipo/Pil/01/4), Graeme Dinwoodie Jan 2001

Private International Aspects Of The Protection Of Trademarks (Wipo Doc. No. Wipo/Pil/01/4), Graeme Dinwoodie

All Faculty Scholarship

No abstract provided.


Report Of The United States, In Adjuncts And Alternatives To Copyright (General Report To Alai Congress 2001), Graeme Dinwoodie Jan 2001

Report Of The United States, In Adjuncts And Alternatives To Copyright (General Report To Alai Congress 2001), Graeme Dinwoodie

All Faculty Scholarship

No abstract provided.


A Role For State Planning, Fred P. Bosselman Jan 2001

A Role For State Planning, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Modernizing European Competition Law: A Developmental Perspective, David J. Gerber Jan 2001

Modernizing European Competition Law: A Developmental Perspective, David J. Gerber

All Faculty Scholarship

No abstract provided.