Digital Commons Network^™

Inequities In The Current Judicial Analysis Of Misrepresentation Of Fertility Claims, Sarah E. Rudolph

University of Chicago Legal Forum

No abstract provided.

Beyond Universality, Martha Minow

University of Chicago Legal Forum

No abstract provided.

Notes From A First Generation, Wendy W. Williams

University of Chicago Legal Forum

No abstract provided.

Injunctions Against Drug Testing Programs Pending Arbitration: The Role Of Courts And The Right To Privacy, Susan L. Paulsrud

University of Chicago Legal Forum

No abstract provided.

Drug Testing Of Federal Government Employees: Is Harm Resulting From Negligent Record Maintenance Actionable?, Michael Cicero

University of Chicago Legal Forum

No abstract provided.

Meeting The Challenge To Privacy Rights By Employer Drug Testing: The Right Of Nondisclosure, Robert C. Clothier Iii

University of Chicago Legal Forum

No abstract provided.

Test Defamation In The Workplace: False Positive Results In Attempting To Detect Lies, Aids, Or Drug Use, Elaine W. Shoben

University of Chicago Legal Forum

No abstract provided.

Aids, Testing And The Workplace, Richard A. Epstein

University of Chicago Legal Forum

No abstract provided.

Objectivity And Accountability: Limits On Judicial Involvement In Settlement, Laura M. Warshawsky

University of Chicago Legal Forum

No abstract provided.

Judicial Regulation Of Industry: An Analysis Of Antitrust Consent Decrees, Michael E. Debow

University of Chicago Legal Forum

No abstract provided.

Judging Consent, Judith Resnik

University of Chicago Legal Forum

No abstract provided.

The Hague Evidence Convention: A Matter Of Comity? An Unthinkable Cession Of Jurisidiction?, David Joseph Sales

University of Chicago Legal Forum

No abstract provided.

Warc 1985: The Effects Of An Equitable Access Regime On Satellite Telecommunications Services, Eric D. Altholz

University of Chicago Legal Forum

No abstract provided.

Bilateral Invesment Treaties: A Means For Liberalizing Trade In Services, Gregory G. Garner

University of Chicago Legal Forum

No abstract provided.

Government Trade Policy And The Professional Regulation Of Foreign Lawyers, Sydney M. Cone Iii

University of Chicago Legal Forum

No abstract provided.

Negotiation Patterns For Liberalizing International Trade In Professional Services, John H. Barton

University of Chicago Legal Forum

No abstract provided.

The Economics Of The World Market For Business Services: Implications For Negotiations On Trade In Services, Theirry J. Noyelle, Anna B. Dutka

University of Chicago Legal Forum

No abstract provided.

Trade In Professional Services: An Overview, Geza Feketekuty

University of Chicago Legal Forum

No abstract provided.

Navigating A "Legal Black Hole": The View From Guantanamo Bay, Carlos Warner

ConLawNOW

This article discusses the unique and perhaps bizarre litigation surrounding the detainees held in Guantanamo Bay, Cuba by the United States Government. The article describes in detail the development of the litigation making “meaningful judicial review” impossible for the detained men. The article also describes how one attorney has strategically advanced the causes of his clients in spite of restrictive classification of material and impossible legal standards. The article describes the conditions and logistics surrounding visiting clients in Guantanamo and litigating cases.

Finally, the article concludes that the only way to "win" the Guantanamo litigation is through a "Dada" approach …

Fonts, Typefaces, And Ip Protection: Getting To Just Right, Emily N. Evans

Journal of Intellectual Property Law

No abstract provided.

Gray Works: How The Failure Of Copyright Law To Keep Pace With Technological Advancement In The Digital Age Has Created A Class Of Works Whose Protection Is Uncertain… And What Can Be Done About It, Kenneth R.L. Parker

Journal of Intellectual Property Law

No abstract provided.

Explicitly Explicit: The Rogers Test And The Ninth Circuit, Daniel Jacob Wright

Journal of Intellectual Property Law

No abstract provided.

Fighting Piracy With Censorship: The Operation In Our Sites Domain Seizures V. Free Speech, Michael Joseph Harrell

Journal of Intellectual Property Law

No abstract provided.

Diametrically Opposing Viewpoints: Why Polar Opposites Should Not Attract The Parody Label Under The Fair Use Exception To Copyright Infringement, Robyn M. Flegal

Journal of Intellectual Property Law

No abstract provided.

The 'Four Cs' Of Joint Inventorship: A Practical Framework For Determining Joint Inventorship, Bradley M. Krul

Journal of Intellectual Property Law

No abstract provided.

Why Copyright Law Lacks Taste And Scents, Leon Calleja

Journal of Intellectual Property Law

No abstract provided.

The Potential Tension Between A "Free Marketplace Of Ideas" And The Fundamental Purpose Of Free Speech, M. Neil Browne, Justin Rex, David L. Herrera

ConLawNOW

The authors argue that the marketplace of ideas is not competitive in the economic sense. Yet the Court often rules as if it is. What are the implications?

By assuming often that the idea market is competitive, Justices are committing the reification fallacy. They are treating an abstract belief or hypothetical construct as if it represented a concrete event or physical entity. In this instance, the Justices assume that existing markets are structured the same way idealized competitive markets are. In doing so, they treat the marketplace of ideas as inherently good, when in fact one must first determine what …

When The Chief Justice Serves In The Legislative Branch, Roy E. Brownell Ii

ConLawNOW

This article argues that the Chief Justice is considered part of the legislative branch during presidential impeachment trials. In so arguing, this article first argues, as a matter of constitutional text, that the Chief Justice during presidential impeachment trials steps into the shoes of the president of the Senate. The Chief Justice’s authority in this vein is granted by Article I, which predominantly governs the legislative branch, and not Article III, which does the same for the federal judiciary.

Indeed, the only reference to the Chief Justice in the entirety of the Constitution occurs in this context in Article I. …

Preliminary Injunctions, Excessive Entanglement, And Prior Restraints: Should Courts Treat Potential Pretrial Religious Infringement The Same As Potential Pretrial Speech Infringement?, Conor Reilly

ConLawNOW

The virtually absolute ban on prior restraints against speech is, of course, cemented in the Supreme Court’s Free Speech jurisprudence. But the doctrine may potentially apply to another important First Amendment Clause: Establishment. In free speech cases, courts almost always refuse to restrict expression prior to a determination that it is protected. This Article argues that the courts should apply the same principle in cases implicating religious liberty.

First, this Article examines a case in which a district court granted a preliminary injunction in favor of a religious group, but also imposed severe restrictions on the group’s ability to practice …

Using Technology To Improve The Interview As A Selection Tool, Brad A. Chambers, John D. Arnold

Personnel Assessment and Decisions

Using the extant literature on best practices in the selection interview, this paper describes a technology-based selection interview system. The process includes interviewer training and certification, and the construction of standardized interview guides. Linked to a common set of human abilities and skills, answers to the questions and probes are evaluated using behaviorally anchored rating scales for each of a number of competency elements. The process described can be used to help ensure quality interviewing practices following these principles are used in organizations conducting multiple interviewers at different sites. How to use this process to address various research objectives is …