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Erisa Enforcement Of The Hipaa Privacy Rules, Jamie Lund
Erisa Enforcement Of The Hipaa Privacy Rules, Jamie Lund
University of Chicago Law Review
No abstract provided.
The Bank Fraud Act: A Risk Of Loss Requirement?, Mehul Madia
The Bank Fraud Act: A Risk Of Loss Requirement?, Mehul Madia
University of Chicago Law Review
No abstract provided.
Protecting State Interests: Recognition Of The State Government Attorney-Client Privilege, Joel D. Whitley
Protecting State Interests: Recognition Of The State Government Attorney-Client Privilege, Joel D. Whitley
University of Chicago Law Review
No abstract provided.
Not Proven: Introducing A Third Verdict, Samuel Bray
Not Proven: Introducing A Third Verdict, Samuel Bray
University of Chicago Law Review
No abstract provided.
Torture's Truth, Louis Michael Seidman
Torture's Truth, Louis Michael Seidman
University of Chicago Law Review
No abstract provided.
Untied States: American Expansion And Territorial Deannexation, Christina Duffy Burnett
Untied States: American Expansion And Territorial Deannexation, Christina Duffy Burnett
University of Chicago Law Review
At the beginning of the twentieth century the United States laid claim to an overseas empire, consolidating its victory in the Spanish-American War by adopting novel structures of colonial rule over a brace of newly acquired island territories. A set of Supreme Court decisions known collectively as the Insular Cases established the legal authorization for this undertaking. As the traditional story goes, they did so by holding that the U.S. Constitution did not "follow the flag" to the recently annexed possessions in the Pacific Ocean and the Caribbean Sea: thus unfettered, an ambitiously imperial nation could attend to the business …
Establishing Rules For Resolving Markman Failures, Ian A. Lampl
Establishing Rules For Resolving Markman Failures, Ian A. Lampl
University of Chicago Law Review
No abstract provided.
A Social Networks Theory Of Privacy, Lior Jacob Strahilevitz
A Social Networks Theory Of Privacy, Lior Jacob Strahilevitz
University of Chicago Law Review
What facts are public and what facts are private? It is the fundamental, first-principles question in privacy law, and a necessary element in the two most important privacy torts, public disclosure of private facts and intrusion upon seclusion. This paper argues that insights from the literature on social networks and information dissemination can help provide courts with a coherent and consistent methodology for determining whether an individual has a reasonable expectation of privacy in a particular fact that he has shared with one or more persons. The social networks literature has generated theoretical and empirical insights about the probability that …
The Procedural Posture Of Minimum Employee Thresholds In Federal Antidiscrimination Statutes, Jeffrey A. Mandell
The Procedural Posture Of Minimum Employee Thresholds In Federal Antidiscrimination Statutes, Jeffrey A. Mandell
University of Chicago Law Review
No abstract provided.
State Action Antitrust Immunity For Municipally Supervised Parties, William J. Martin
State Action Antitrust Immunity For Municipally Supervised Parties, William J. Martin
University of Chicago Law Review
No abstract provided.
Legal Reimbursement Claims By Erisa Plan Fiduciaries, Brian A. Pérez-Daple
Legal Reimbursement Claims By Erisa Plan Fiduciaries, Brian A. Pérez-Daple
University of Chicago Law Review
No abstract provided.
James Madison Has Left The Building (Reviewing Constitutional Deliberation In Congress: The Impact Of Judicial Review In A Separated System By J. Mitchell Pickerill), Keith E. Whittington
James Madison Has Left The Building (Reviewing Constitutional Deliberation In Congress: The Impact Of Judicial Review In A Separated System By J. Mitchell Pickerill), Keith E. Whittington
University of Chicago Law Review
No abstract provided.
Review And Vacatur Of Certificates Of Appealability Issued After The Denial Of Habeas Corpus Petitions, Ryan Hagglund
Review And Vacatur Of Certificates Of Appealability Issued After The Denial Of Habeas Corpus Petitions, Ryan Hagglund
University of Chicago Law Review
No abstract provided.
In Memoriam: Norval Morris (1923-2004), James B. Jacobs, James R. Coldren Jr., Franklin E. Zimring, Kathleen Hawk Sawyer, Albert W. Alschuler
In Memoriam: Norval Morris (1923-2004), James B. Jacobs, James R. Coldren Jr., Franklin E. Zimring, Kathleen Hawk Sawyer, Albert W. Alschuler
University of Chicago Law Review
No abstract provided.
Between Power And Principle: An Integrated Theory Of International Law, Oona A. Hathaway
Between Power And Principle: An Integrated Theory Of International Law, Oona A. Hathaway
University of Chicago Law Review
Over 50,000 international treaties are in force today, covering nearly every aspect of international affairs and nearly every facet of state authority. And yet many observers continue to argue that international law-with its general absence of central enforcement and its typically voluntary character-is ineffective. This Article assesses and responds to this challenge. Building upon insights from both political science and legal scholarship, it offers a theory of state decisions regarding treaty law that accounts for the key ways in which such law shapes state behavior. This integrated theory of international law seeks to explain why countries would commit to treaties …
A Separate Crime Of Reckless Sex, Ian Ayres, Katharine K. Baker
A Separate Crime Of Reckless Sex, Ian Ayres, Katharine K. Baker
University of Chicago Law Review
This Article attempts to make progress on the problems of both sexually transmitted disease and acquaintance rape by proposing a new crime of reckless sexual conduct. A defendant would be guilty of reckless sexual conduct if, in a first-time sexual encounter with another person, the defendant had sexual intercourse without using a condom. Consent to unprotected intercourse would be an affirmative defense, to be established by the defendant by a preponderance of the evidence. As an empirical matter, unprotected first-time sexual encounters greatly increase the epidemiological force of sexually transmitted disease, and a substantial proportion of acquaintance rape occurs in …
A Balanced Approach To Mandamus Review Of Attorney Disqualification Orders, Leah Epstein
A Balanced Approach To Mandamus Review Of Attorney Disqualification Orders, Leah Epstein
University of Chicago Law Review
No abstract provided.
The Search And Seizure Of Privileged Attorney-Client Communications, Eric D. Mcarthur
The Search And Seizure Of Privileged Attorney-Client Communications, Eric D. Mcarthur
University of Chicago Law Review
No abstract provided.
Judicial Interpretation Of Employee Handbooks: The Creation Of A Common Law Information-Eliciting Penalty Default Rule, Rachel Leiser Levy
Judicial Interpretation Of Employee Handbooks: The Creation Of A Common Law Information-Eliciting Penalty Default Rule, Rachel Leiser Levy
University of Chicago Law Review
No abstract provided.
Dragonslaying (Reviewing Democracy Defended By Gerry Mackie), Don Herzog
Dragonslaying (Reviewing Democracy Defended By Gerry Mackie), Don Herzog
University of Chicago Law Review
No abstract provided.
Public Choice Defended (Reviewing Democracy Defended By Gerry Mackie), Saul Levmore
Public Choice Defended (Reviewing Democracy Defended By Gerry Mackie), Saul Levmore
University of Chicago Law Review
No abstract provided.
Multiproduct Discounting: A Myth Of Nonprice Predation, Daniel A. Crane
Multiproduct Discounting: A Myth Of Nonprice Predation, Daniel A. Crane
University of Chicago Law Review
No abstract provided.
Monopoly Dominance Or Level Playing Field? The New Antitrust Paradox, Richard A. Epstein
Monopoly Dominance Or Level Playing Field? The New Antitrust Paradox, Richard A. Epstein
University of Chicago Law Review
No abstract provided.
Cartel Federalism? Antitrust Enforcement By State Attorneys General, Michael S. Greve
Cartel Federalism? Antitrust Enforcement By State Attorneys General, Michael S. Greve
University of Chicago Law Review
No abstract provided.
Unbundling Scope-Of-Permission Goods: When Should We Invest In Reducing Entry Barriers?, Randal C. Picker
Unbundling Scope-Of-Permission Goods: When Should We Invest In Reducing Entry Barriers?, Randal C. Picker
University of Chicago Law Review
No abstract provided.
Past, Present, And Future Of Antitrust Enforcement At The Federal Trade Commission, Robert Pitofsky
Past, Present, And Future Of Antitrust Enforcement At The Federal Trade Commission, Robert Pitofsky
University of Chicago Law Review
No abstract provided.
A Categorical Rule Limiting Section 2 Of The Sherman Act: Verizon V Trinko, John Thorne
A Categorical Rule Limiting Section 2 Of The Sherman Act: Verizon V Trinko, John Thorne
University of Chicago Law Review
No abstract provided.
Free Exercise In Foster Care: Defining The Scope Of Religious Rights For Foster Children And Their Families, Kelsi Brown Corkran
Free Exercise In Foster Care: Defining The Scope Of Religious Rights For Foster Children And Their Families, Kelsi Brown Corkran
University of Chicago Law Review
No abstract provided.
Exclusion And The Sherman Act, Herbert Hovenkamp
Exclusion And The Sherman Act, Herbert Hovenkamp
University of Chicago Law Review
No abstract provided.
Assessing Tying Claims In The Context Of Software Integration: A Suggested Framework For Applying The Rule Of Reason Analysis, David A. Heiner
Assessing Tying Claims In The Context Of Software Integration: A Suggested Framework For Applying The Rule Of Reason Analysis, David A. Heiner
University of Chicago Law Review
No abstract provided.