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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 ...


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

Taking Legal Communications Seriously, 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.


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.


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

Domestic Partnership And Erisa Preemption, Jeffrey G. Sherman

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.


"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.


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.


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.


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.


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.


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.


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.


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.


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.


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.


Book Review, G.B. Doern & S. Wilks Eds., Comparative Competition Policy: National Institutions In A Global Market (1996), David J. Gerber Jan 2001

Book Review, G.B. Doern & S. Wilks Eds., Comparative Competition Policy: National Institutions In A Global Market (1996), David J. Gerber

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.


Sculpting The Agenda Of Comparative Law: Ernst Rabel And The Façade Of Language, David J. Gerber Jan 2001

Sculpting The Agenda Of Comparative Law: Ernst Rabel And The Façade Of Language, David J. Gerber

All Faculty Scholarship

No abstract provided.


El Impacto Del Arbitraje En Los Patrones Huelgarios De Puerto Rico, 1956-1995, César F. Rosado Marzán Jan 2001

El Impacto Del Arbitraje En Los Patrones Huelgarios De Puerto Rico, 1956-1995, César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.


The Development And Incorporation Of International Norms In The Formation Of Copyright Law, Graeme Dinwoodie Jan 2001

The Development And Incorporation Of International Norms In The Formation Of Copyright Law, Graeme Dinwoodie

All Faculty Scholarship

The means by which international norms are developed and incorporated in the formation of copyright law have changed dramatically in recent years. In this article, Professor Dinwoodie explores the nature of those changes. The classical model of international copyright law afforded countries significant latitude to implement international standards in ways tailored to their own economic and cultural priorities. The lack of an effective method of enforcing international standards consolidated that deference to national autonomy. And international treaties tended merely to codify existing commonly accepted national standards. This model has undergone changes of late, most notably (but not exclusively) in the ...


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.


Designing Non-National Systems: The Case Of The Uniform Domain Name Dispute Resolution Policy (With L. Helfer), Graeme Dinwoodie Jan 2001

Designing Non-National Systems: The Case Of The Uniform Domain Name Dispute Resolution Policy (With L. Helfer), Graeme Dinwoodie

All Faculty Scholarship

The article critically assesses the Uniform Domain Name Dispute Resolution Policy (UDRP) as a potential model for solving the immense legal challenges presented by transborder activity. Inaugurated in late 1999 by the Internet Corporation for Assigned Names and Numbers (ICANN), the UDRP creates a fast, inexpensive online mechanism for trademark owners to recapture domain names held by persons who, in bad faith, register and use domain names that are confusingly similar to those marks. At present, the UDRP applies only to a narrow segment of disputes between trademark owners and domain name registrants. But the UDRP has been heralded by ...


International Intellectual Property Litigation: A Vehicle For Resurgent Comparativist Thought?, Graeme Dinwoodie Jan 2001

International Intellectual Property Litigation: A Vehicle For Resurgent Comparativist Thought?, Graeme Dinwoodie

All Faculty Scholarship

No abstract provided.