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2006

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Establishing A Substantial Limitation In Interacting With Others: A Call For Clearer Guidance From The Eeoc, Lisa M. Benrud-Larson Jan 2006

Establishing A Substantial Limitation In Interacting With Others: A Call For Clearer Guidance From The Eeoc, Lisa M. Benrud-Larson

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


From House To Home: Creating A Right To Early Lease Termination For Domestic Violence Victims, Anne C. Johnson Jan 2006

From House To Home: Creating A Right To Early Lease Termination For Domestic Violence Victims, Anne C. Johnson

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Around The World In Eighty Centiliters, Jim Chen Jan 2006

Around The World In Eighty Centiliters, Jim Chen

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.


Crafting Employment Policy During Eu Accession: Strategies For Romania And Bulgaria, Tomas Felcman Jan 2006

Crafting Employment Policy During Eu Accession: Strategies For Romania And Bulgaria, Tomas Felcman

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.


Globalism, Regionalism, Or Both: Health Policy And Regional Economic Integration In Developing Countries, An Evolution Of A Legal Regime, William Onzivu Jan 2006

Globalism, Regionalism, Or Both: Health Policy And Regional Economic Integration In Developing Countries, An Evolution Of A Legal Regime, William Onzivu

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.


Five Views Of The Great Lakes And Why They Might Matter, Dan Tarlock Jan 2006

Five Views Of The Great Lakes And Why They Might Matter, Dan Tarlock

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.


Free Trade In Human Reproductive Cells: A Solution To Procreative Tourism And The Unregulated Internet, Lisa Hird Chung Jan 2006

Free Trade In Human Reproductive Cells: A Solution To Procreative Tourism And The Unregulated Internet, Lisa Hird Chung

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.


Trade And Tensions, Daniel J. Gifford Jan 2006

Trade And Tensions, Daniel J. Gifford

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.


Piercing The Confidentiality Veil: Physician Testimony In International Criminal Trials Against Perpetrators Of Torture, David Weissbrodt, Ferhat Pekin, Amelia Wilson Jan 2006

Piercing The Confidentiality Veil: Physician Testimony In International Criminal Trials Against Perpetrators Of Torture, David Weissbrodt, Ferhat Pekin, Amelia Wilson

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.


Continuity, Change And Innovation In Emerging Consumer Bankruptcy Systems: Belgium And Luxembourg, 14 Am. Bankr. Inst. L. Rev. 69 (2006), Jason Kilborn Jan 2006

Continuity, Change And Innovation In Emerging Consumer Bankruptcy Systems: Belgium And Luxembourg, 14 Am. Bankr. Inst. L. Rev. 69 (2006), Jason Kilborn

UIC Law Open Access Faculty Scholarship

No abstract provided.


Service And Emotional Support Animals As Reasonable Accommodations Under The Fair Housing Act, Frank Young Jan 2006

Service And Emotional Support Animals As Reasonable Accommodations Under The Fair Housing Act, Frank Young

UIC Law Open Access Faculty Scholarship

No abstract provided.


Apparent Authority And Healthcare In Illinois - Revisited, 27 N. Ill. U. L. Rev. 11 (2006), Marc Ginsberg, Patricia C. Nowak Jan 2006

Apparent Authority And Healthcare In Illinois - Revisited, 27 N. Ill. U. L. Rev. 11 (2006), Marc Ginsberg, Patricia C. Nowak

UIC Law Open Access Faculty Scholarship

No abstract provided.


Cognitive Dissonance Revisited: Roper V. Simmons And The Issue Of Adolescent Decision-Making Competence, 52 Wayne L. Rev. 1 (2006), Donald L. Beschle Jan 2006

Cognitive Dissonance Revisited: Roper V. Simmons And The Issue Of Adolescent Decision-Making Competence, 52 Wayne L. Rev. 1 (2006), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.


Immaculate Deception: The Evolving Right Of Paternal Renunciation, 27 Women's Rts. L. Rep. 139 (2006), Diane S. Kaplan Jan 2006

Immaculate Deception: The Evolving Right Of Paternal Renunciation, 27 Women's Rts. L. Rep. 139 (2006), Diane S. Kaplan

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Right To Counsel On Appeal: Civil Douglas, 15 Temp. Pol. & Civ. Rts. L. Rev. 603 (2006), Steven D. Schwinn Jan 2006

The Right To Counsel On Appeal: Civil Douglas, 15 Temp. Pol. & Civ. Rts. L. Rev. 603 (2006), Steven D. Schwinn

UIC Law Open Access Faculty Scholarship

No abstract provided.


Bluegrass-Lexington Metropatterns, Myron Orfield, Thomas Luce Jan 2006

Bluegrass-Lexington Metropatterns, Myron Orfield, Thomas Luce

Studies

Report


Regulating Access To Databases Through Antitrust Law, 2006 Stan. Tech. L. Rev. 7 (2006), Daryl Lim Jan 2006

Regulating Access To Databases Through Antitrust Law, 2006 Stan. Tech. L. Rev. 7 (2006), Daryl Lim

UIC Law Open Access Faculty Scholarship

It is largely uncontroversial that the “creative” effort in a database will be protected by copyright. However, any effort to extend protection to purely factual databases creates difficulties in determining the proper method and scope of protection. This Paper argues that antitrust law can be used to supplement intellectual property law in maintaining the “access-incentive” balance with respect to databases. It starts from the premise that a trend toward “TRIPs-plus” rights in databases, whatever its form, is inevitable. The reason is a simple, but compelling one: business needs shape the law. Various means of database access regulation are explored and …


Political Litigation And The Role Of The Court, Grant Huscroft Jan 2006

Political Litigation And The Role Of The Court, Grant Huscroft

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

No abstract provided.


Digital Justice: Progress Toward Digital Inclusion In Minnesota, Institute On Metropolitan Opportunity Jan 2006

Digital Justice: Progress Toward Digital Inclusion In Minnesota, Institute On Metropolitan Opportunity

Studies

This IRP report documents the connection between access to the Internet and access to life opportunities such as living-wage jobs. It analyzes the ways Minnesota community technology centers, public schools, public libraries, municipalities, and Indian reservations improved underserved populations? access to technology.


Growth Pressures On Sensitive Natural Areas Part Ii, Institute On Metropolitan Opportunity Jan 2006

Growth Pressures On Sensitive Natural Areas Part Ii, Institute On Metropolitan Opportunity

Studies

Report


Otter Creek Reservoir Company, A Utah Corporation; Richfield Irrigation Canal Company, A Utah Corporation; Sevier Valley Canal Company, A Utah Corporation; Monroe South Bend Canal Company, A Utah Corporation; Monroe Irrigation Company, A Utah Corporation; Elsinore Canal Company, A Utah Corporation; Annabella Irrigation Company, A Utah Corporation; Brooklyn Canal Company, A Utah Corporation; Joseph Irrigation Company, A Utah Corporation; Vermillion Irrigation Company, A Utah Corporation; And Piute Reservoir And Irrigation Company, A Utah Corporation; V. New Escalante Irrigation Company : Brief Of Appellant, Utah Court Of Appeals Jan 2006

Otter Creek Reservoir Company, A Utah Corporation; Richfield Irrigation Canal Company, A Utah Corporation; Sevier Valley Canal Company, A Utah Corporation; Monroe South Bend Canal Company, A Utah Corporation; Monroe Irrigation Company, A Utah Corporation; Elsinore Canal Company, A Utah Corporation; Annabella Irrigation Company, A Utah Corporation; Brooklyn Canal Company, A Utah Corporation; Joseph Irrigation Company, A Utah Corporation; Vermillion Irrigation Company, A Utah Corporation; And Piute Reservoir And Irrigation Company, A Utah Corporation; V. New Escalante Irrigation Company : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appellants/Plaintiffs appeal from an interlocutory order of the Sixth Judicial District Court, the Honorable David L. Mower, Piute County, Civil No. 01060014


The Need For Mead: Rejecting Tax Exceptionalism In Judicial Deference, Kristin Hickman Jan 2006

The Need For Mead: Rejecting Tax Exceptionalism In Judicial Deference, Kristin Hickman

Articles

This Article takes the controversial position that Treasury regulations are entitled to judicial deference under the Chevron doctrine, as clarified by the Supreme Court in the more recent Mead case, whether those regulations are promulgated pursuant to specific authority delegated in a substantive provision of the Internal Revenue Code or in the exercise of general authority granted in Code Section 7805(a). The Article attributes the unwillingness to concede Chevron's applicability to tax exceptionalism, the erroneous perception of many scholars that tax is different from other areas of the law, which in the context of this Article translates into the idea …


How Did We Get Here Anyway?: Considering The Standing Question In Daimlerchrysler V. Cuno, Kristin Hickman Jan 2006

How Did We Get Here Anyway?: Considering The Standing Question In Daimlerchrysler V. Cuno, Kristin Hickman

Articles

n granting certiorari in the case of DaimlerChrysler Corp. v. Cuno, the Supreme Court asked the parties to brief whether respondents have standing to challenge Ohio's investment tax credit. Looking at the posture of the case, this essay argues that the Supreme Court is likely sending a signal that it hopes to overturn the Sixth Circuit decision on standing grounds and avoid the more difficult question of whether the tax credit is unconstitutional based on the dormant Commerce Clause. This essay applies modern standing doctrine to the Cuno case and concludes that the Cuno plaintiffs do not have standing to …


Domestic Violence Matters: The Case For Appointed Counsel In Protective Order Proceedings, Beverly Balos Jan 2006

Domestic Violence Matters: The Case For Appointed Counsel In Protective Order Proceedings, Beverly Balos

Articles

A conventional reading of United States Supreme Court rulings on the right to counsel in civil cases would conclude that petitioners in protective order proceedings would have no right to appointed counsel. This article challenges this view and shows how Supreme Court jurisprudence, in fact, supports the conclusion that due process requires victims of domestic violence to have the benefit of appointed counsel.


Unanimously Wrong, Dale Carpenter Jan 2006

Unanimously Wrong, Dale Carpenter

Articles

The Supreme Court was unanimously wrong in Rumsfeld v. FAIR. Though rare, it's not the first time the Court has been unanimously wrong. Its most notorious such decisions have come, like FAIR, in cases where the Court conspicuously failed even to appreciate the importance of the constitutional freedoms under attack from legislative majorities. In these cases, the Court's very rhetoric exposed its myopic vision in ways that now seem embarrassing. Does FAIR, so obviously correct to so many people right now, await the same ignominy decades away? FAIR was wrong in tone, a dismissive vox populi, adopted by a Court …


A Cognitive Theory Of Trust, Claire Hill, Erin O'Hara O'Connor Jan 2006

A Cognitive Theory Of Trust, Claire Hill, Erin O'Hara O'Connor

Articles

Interpersonal trust is currently receiving widespread attention in the academy. Many legal scholars incorrectly assume that interpersonal trust is an unmitigated good (or bad) and that legal policy should therefore be crafted to maximize (or minimize) trust. A more nuanced understanding of trust indicates instead that it should be promoted or discouraged, depending on the context. Such an understanding needs to reflect the fact that trust and distrust can, and often do, coexist. In most relationships, the parties trust one another with regard to some matters and yet distrust one another with regard to other matters. More specifically, developing a …


Diverging Perspectives On Electronic Contracting In The U.S. And Eu, Jane K. Winn, Brian H. Bix Jan 2006

Diverging Perspectives On Electronic Contracting In The U.S. And Eu, Jane K. Winn, Brian H. Bix

Articles

Electronic Contracting - understood broadly to include both the Internet downloading of free or purchased software and the use of rolling contracts (shrink-wrap or terms in the box) in the sale of computers or the lease of software - has raised problems, based in part on the novelty of the transactional forms, and in part on the now-standard issue of unread terms in standardized contracts. This article, part of a conference relating to the legal regulation of new property and new technologies, offers an overview of the distinctly different approaches to Electronic Contracting of the U.S. and the European Union. …


Forty Years Of Codification Of Estates And Trusts Law: Lessons For The Next Generation, Mary Louise Fellows, Gregory S. Alexander Jan 2006

Forty Years Of Codification Of Estates And Trusts Law: Lessons For The Next Generation, Mary Louise Fellows, Gregory S. Alexander

Articles

In this paper we develop two theses. First, we argue that uniform law proposals that ask courts and practitioners to abandon revered legal traditions and ways of thinking about estates and trusts, even when they are intent-furthering proposals, face resistance until in time the glories of the past and the risks of a new legal regime fade in importance in legal thought. Second, we argue that, especially within an environment in which states seek to gain competitive advantage over their counterparts in other states, the glories of the past and the risks of a new legal regime fade fastest when …


Extraordinary Rendition And The Torture Convention, David Weissbrodt, Amy Bergquist Jan 2006

Extraordinary Rendition And The Torture Convention, David Weissbrodt, Amy Bergquist

Articles

Extraordinary Rendition and the Convention Against Torture examines the U.S. policy of abducting terror suspects abroad and transferring them to third countries where they are likely to be subjected to torture and other forms of ill-treatment. The article notes that extraordinary rendition has evolved from a process by which persons were brought to the U.S. to stand trial, into a means of incapacitating suspects while keeping them out of reach of the U.S. legal system. Part I of this Article describes the Convention Against Torture and its provisions, and then examines the scope of the prohibition on torture under U.S. …


The Ole Miss, University Of Mississippi Jan 2006

The Ole Miss, University Of Mississippi

The Ole Miss (1897-)

The Ole Miss Annual 2006