Digital Commons Network^™

The Bounds Of Consent: Consent Decrees, Settlements And Federal Environmental Policy Making, Robert V. Percival

University of Chicago Legal Forum

No abstract provided.

Federal Policy Making By Consent Decree: An Analysis Of Agency And Judicial Discretion, Peter M. Shane

University of Chicago Legal Forum

No abstract provided.

Two Brief Responses To Professor Epstein, Frederick A. O. Schwarz Jr.

University of Chicago Legal Forum

No abstract provided.

Wilder V. Bernstein: Squeeze Play By Consent Decree, Richard A. Epstein

University of Chicago Legal Forum

No abstract provided.

A Prelude To The Settlement Of Wilder, Burt Neuborne, Frederick A. O. Schwarz Jr.

University of Chicago Legal Forum

No abstract provided.

Judging Consent, Judith Resnik

University of Chicago Legal Forum

No abstract provided.

Justice And Contract In Consent Judgements, Frank H. Easterbrook

University of Chicago Legal Forum

No abstract provided.

Justice Chicago Style, Owen M. Fiss

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.

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

University of Chicago Legal Forum

No abstract provided.

Fungi On White-Nose Infected Bats (Myotis Spp.) In Eastern Canada Show No Decline In Diversity Associated With Pseudogymnoascus Destructans (Ascomycota: Pseudeurotiaceae), Karen J. Vanderwolf, David Malloch, Donald F. Mcalpine

International Journal of Speleology

The introduction of the fungal pathogen Pseudogymnoascus destructans (Pd) to North America has stimulated research on the poorly known mycology of caves. It is possible that the introduction of Pd reduces the diversity of fungi associated with bats hibernating in caves. To test this hypothesis we examined the fungal assemblages associated with hibernating bats (Myotis spp.) pre- and post- white-nose syndrome (WNS) infection in eastern Canada using culture-dependent methods. We found the mean number of fungal taxa isolated from bats/hibernaculum was not significantly different between pre-infection (29.6 ± 6.1SD) and post-infection with WNS (32.4 ± 4.3). Although …

Tradition, Policy And The Establishment Clause: Justice Kennedy's Opinion In Town Of Greece V. Galloway, Wilson Huhn

ConLawNOW

The great jurisprudential battle that has raged in the Supreme Court for more than a century and the question that our society has struggled with since the advent of the Civil War is whether the Constitution is a command by our ancestors that we retain the same political structures, social hierarchies, and cultural traditions that they had, or whether it reflects ideals of liberty, equality, fairness, and tolerance that they aspired to and that they expected us to reach for. That struggle between rules and standards, doctrine and principles, conventionalism and consequentialism, tradition and policy in the interpretation of the …

The Founders On: "Does The Constitution Work?", Craig A. Stern

ConLawNOW

Whether the Constitution works depends upon the purpose of its working. Discerning that purpose, however, has resisted consensus. Consequently, this article suggests a roundabout way to supply at least a tentative answer to the question whether the Constitution works. The Founders believed that the Constitution, like any republican form of government, would work only for a moral and religious people. They framed and adopted the Constitution in that belief. John Adams warned that without morality and religion, the passions of the people “would break the strongest cords of our Constitution.” A glance at how some cords have fared with a …

Assessment Of Genetic Diversity And Hybridization For The Endangered Conasauga Logperch (Percina Jenkinsi), Gregory R. Moyer, Anna L. George, Patrick L. Rakes, J.R. Shute, Ashantye' S. Williams

Southeastern Fishes Council Proceedings

The Conasauga logperch, Percina jenkinsi is one of the rarest darters in North America afforded protection under the Endangered Species Act. Unfortunately, little is known about potential threats to the genetic diversity of this species, a narrow endemic. Loss of genetic diversity, spawning of closely related individuals, and hybridization with closely related congeners have been known to increase the rate of extinction for threatened or endangered taxa. We evaluated these risks by estimating and comparing levels of genetic diversity between P. jenkinsi and P. kathae (a closely related, morphologically similar, and more abundant congener) using twelve microsatellite loci. Specifically, we …

The Integrated Approach: A Solution To Patent Subject Matter Eligibility Standards In The Software Context, Carrie Moss

Journal of Intellectual Property Law

No abstract provided.

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

Journal of Intellectual Property Law

No abstract provided.

The Rise And Fall Of Patent Reexamination Under The America Invents Act: The Burdens And Unconstitutional Aspects Of Congress' Latest Attempt At Patent Reform, Ron Andrew Sassano

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.

Unraveling The Uspto's Tangled Web: An Empirical Analysis Of The Complex World Of Post-Issuance Patent Proceedings, Mark Consilvio, Jonathan R.K. Stroud

Journal of Intellectual Property Law

No abstract provided.

Unfair Trade Practices In Imports - Section 337 Of The Tariff Act Of 1930 And The Meaning Of "Domestic Industry", Kathy Bond

Georgia Journal of International & Comparative Law

No abstract provided.

Why It Is Not Unreasonable For The Police To Refuse To Provide A Copy Of The Search Warrant At The Outset Of The Search, M. Jackson Jones M.S.

ConLawNOW

This article presents numerous reasons why it would not be unreasonable for the police to refuse to provide an occupant of the premises a copy of the search warrant at the outset of the search when an occupant of the premises is present and poses no threat to the officers’ safe and effective performance of their mission. First, neither the plain text of the Fourth Amendment nor the plain text of Federal Rule 41 requires it. Second, there are numerous constitutional and statutory protections that ensure the executing official does not wrongfully execute the warrant.

In essence, requiring the police …

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 …

Assessment Of Personality Through Behavioral Observations In Work Simulations, Andrew B. Speer, Neil Christiansen, Christopher Honts

Personnel Assessment and Decisions

This study outlines the development of a rating scale designed to measure personality-related behavior in the context of work simulations. The tool, labeled the Work Simulation Personality Rating Scale (WSPRS), was validated in an assessment center by rating the personality of 123 assessment center participants. Scores from the WSPRS were correlated with corresponding traits from a self-reported personality inventory, and a Trait Activation Potential (TAP) framework was adopted to predict which traits would display best convergence based on assessment center observations. Correlations between the WSPRS dimensions and self-report trait scales ranged from .11 (Neuroticism) to .31 (Extraversion), with the rank-order …

Identifying The Strongest Or The Weakest Link: Effects On Subsequent Ratings, William S. Weyhrauch, Satoris S. Culbertson

Personnel Assessment and Decisions

The current study investigated the effect of a negative designation performance rating purpose in contrast to a positive designation purpose or a deservedness purpose on a) the ability of raters to differentiate amongst ratees at a later time and b) raters' tendencies to provide subsequently more severe or lenient ratings. Results from a laboratory study involving 102 participants indicated that positive designations tend to result in subsequently lenient ratings, while negative designations result in severe ratings. However, the nature of a rater’s previous decision had no discernable effect on the ability to differentiate levels of performance. Implications of these findings …

The Interactive Influence Of Ambition And Sociability On Performance In A Behavior Description Interview, Allen I. Huffcutt, Satoris S. Culbertson, Allen P. Goebl

Personnel Assessment and Decisions

The purpose of this study was to present and empirically test the potential influence on ratings in a behavior description interview (BDI) of the personality traits ambition and sociability, two facets of extraversion. Results suggest a relatively strong role for ambition in the administration and outcomes of BDIs in organizational selection, particularly when its interaction with sociability is taken into consideration. In a sample of 85 participants working in entry-level positions, the correlation with BDI ratings was .22 for ambition alone, which increased to .44 when sociability and its interaction with ambition were added. Adding sociability by itself to ambition …

The Validity Of Individual Psychological Assessments For Entry-Level Police And Firefighter Positions, Ilianna H. Kwaske, Scott B. Morris

Personnel Assessment and Decisions

Although individual psychological assessment is widely used in employee selection, the empirical research on the validity of individual assessments is sparse. A multi-stage, multi-site study examined the validity of individual assessments for police officer and firefighter positions. Results showed that assessor judgments were largely unrelated to standardized test results, and that both assessor judgments and standardized tests were only weakly related to job performance ratings. Differences in validity across assessors were also found, with some assessors providing better predictions than others.