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Full-Text Articles in Law

A Report On Chicago's Felony Courts (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board)., Daniel T. Coyne Jan 2007

A Report On Chicago's Felony Courts (Chicago Appleseed Fund For Justice Criminal Justice Project, December 2007) (Member Of Advisory Board)., Daniel T. Coyne

All Faculty Scholarship

No abstract provided.


Competition Law And The Wto: Rethinking The Relationship, David J. Gerber Jan 2007

Competition Law And The Wto: Rethinking The Relationship, David J. Gerber

All Faculty Scholarship

This essay identifies obstacles to the inclusion of a competition law regime in the WTO and suggests changes that are likely to be necessary if competition law is to become an effective part of the WTO. Two obstacles have impeded inclusion of competition law in the WTO's legal regime and are likely to continue to do so. They are (i) a lack of confidence that the norms, practices and procedures of the WTO rest on a robust conception of community and (ii) uncertainty and concern about what form of competition law might be included and what its role in the …


Private Enforcement Of Competition Law: A Comparative Perspective, David J. Gerber Jan 2007

Private Enforcement Of Competition Law: A Comparative Perspective, David J. Gerber

All Faculty Scholarship

Private enforcement has long been a central part of US antitrust law experience, while it has played minor roles or none at all in European competition law systems. This contrast is fundamental to understanding differences between European and US competition law and to assessing the potential consequences of increasing the role of private enforcement of competition law in Europe. It is also central to decisions about competition law development in much of the world, because in this respect most competition law systems in the world resemble European competition laws rather than US antitrust law.

In this essay, I examine the …


Personal Data Privacy Tradeoffs And How A Swedish Church Lady, Austrian Public Radio Employees, And Transatlantic Air Carriers Show That Europe Does Not Have All The Answers, Edward C. Harris Jan 2007

Personal Data Privacy Tradeoffs And How A Swedish Church Lady, Austrian Public Radio Employees, And Transatlantic Air Carriers Show That Europe Does Not Have All The Answers, Edward C. Harris

All Faculty Scholarship

No abstract provided.


Charter Schools And Collective Bargaining: Compatible Marriage Or Illegitimate Relationship? (With C. Kerchner), Martin H. Malin Jan 2007

Charter Schools And Collective Bargaining: Compatible Marriage Or Illegitimate Relationship? (With C. Kerchner), Martin H. Malin

All Faculty Scholarship

The rapid increase in charter schools has been fueled by the view that traditional public schools have failed because of their monopoly on public education. Charter schools, freed from the bureaucratic regulation that dominates traditional public schools, are viewed as agents of change that will shock traditional public schools out of their complacency. Among the features of the failed status quo are teacher tenure, uniform salary grids and strict work rules, matters that teacher unions hold dear. Yet unions have begun organizing teacher in charter schools. This development prompts the question whether unionization and charter schools are compatible. In contrast …


Derecho Laboral Y Organización Sindical En Puerto Rico, César F. Rosado Marzán Jan 2007

Derecho Laboral Y Organización Sindical En Puerto Rico, César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.


Derechos Mancos Para Manos Obreras: Cómo El Derecho Laboral Y La Economía Impactan La Organización Sindical En Puerto Rico, César F. Rosado Marzán Jan 2007

Derechos Mancos Para Manos Obreras: Cómo El Derecho Laboral Y La Economía Impactan La Organización Sindical En Puerto Rico, César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.


Solidarity Or Colonialism? The Polemic Of "Labor Colonialism", César F. Rosado Marzán Jan 2007

Solidarity Or Colonialism? The Polemic Of "Labor Colonialism", César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.


Are Shared Benefits Of International Waters An Equitable Apportionment? (With P. Wouters), A. Dan Tarlock Jan 2007

Are Shared Benefits Of International Waters An Equitable Apportionment? (With P. Wouters), A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock Jan 2007

The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Acts And Omissions As Positive And Negative Causes, Richard W. Wright Jan 2007

Acts And Omissions As Positive And Negative Causes, Richard W. Wright

All Faculty Scholarship

No abstract provided.


Copyright Lawmaking Authority: An (Inter)Nationalist Perspective On The Treaty Clause (Symposium), Graeme Dinwoodie Jan 2007

Copyright Lawmaking Authority: An (Inter)Nationalist Perspective On The Treaty Clause (Symposium), Graeme Dinwoodie

All Faculty Scholarship

This contribution to a symposium on Copyright and The Constitution considers whether the Treaty Clause provides an alternative source of copyright lawmaking authority with respect to enactments impermissible under the Copyright Clause. Existing literature suggests three paradigmatic positions on the question. First, some scholars view the Treaty Clause as conferring a power whose content is wholly subservient to the limits of the Copyright Clause. A second group of scholars sees the Treaty Clause as offering an alternative lawmaking authority, but one that is substantially limited by the internal limits of the Treaty Clause. Finally, some commentators and litigants have read …


Diversifying Without Discriminating: Complying With The Mandates Of The Trips Agreement (With R. Dreyfuss), Graeme Dinwoodie Jan 2007

Diversifying Without Discriminating: Complying With The Mandates Of The Trips Agreement (With R. Dreyfuss), Graeme Dinwoodie

All Faculty Scholarship

Although the technological community was once fairly united in its needs from the patent system, the recent debate over patent reform has made it clear that this is no longer the case. Rather, it has become increasingly difficult to believe that a one–size–fits–all approach to patent law can survive. In this brief contribution to a symposium tackling Diversity in Innovation Policy, we consider the ways in which intellectual property obligations, most notably the TRIPS Agreement, circumscribe the ability of national lawmakers to tailor patent protection to reflect the concerns of different industries. In particular, we propose that TRIPS art. 27, …


The Grand Bargain: Revitalizing Labor Through Nlra Reform And Radical Workplace Relations, Michael M. Oswalt Jan 2007

The Grand Bargain: Revitalizing Labor Through Nlra Reform And Radical Workplace Relations, Michael M. Oswalt

Louis Jackson National Student Writing Competition

No abstract provided.


Shifting The Burden: A Proposal For Practical Application Of The Interactive Process Duty In Disability Accommodations, Matthew Light-Oglander Jan 2007

Shifting The Burden: A Proposal For Practical Application Of The Interactive Process Duty In Disability Accommodations, Matthew Light-Oglander

Louis Jackson National Student Writing Competition

No abstract provided.


The New Hired Guns: Who Should Be Liable For The Conduct Of Off-Duty Law Enforcement Officers Employed As Private Security Officers, Fermin De La Torre Jan 2007

The New Hired Guns: Who Should Be Liable For The Conduct Of Off-Duty Law Enforcement Officers Employed As Private Security Officers, Fermin De La Torre

Louis Jackson National Student Writing Competition

No abstract provided.