Law Commons^™

Competitive Entertainment: Implications Of The Nfl Lockout Litigation For Sports, Theatre, Music, And Video Entertainment, Henry H. Perritt Jr.

All Faculty Scholarship

The 2011 NFL lockout reveals profound changes in the labor and product markets for the entire entertainment industry, driven by a revolution in technology. This article explores the revolution in the professional sports, theatre, and movie-making industries and concludes that it is fragmenting production, blurring the boundaries between labor markets and product markets, and introducing new forms of competition. As a result, the labor exemptions to the antitrust laws, which featured prominently in the NFL controversy are becoming less relevant, shifting the law's policing of competition to antitrust rule-of-reason analysis, where counterpoises such as labor unions are inactive, and making …

The Internet At 20: Evolution Of A Constitution For Cyberspace, Henry H. Perritt Jr.

All Faculty Scholarship

This Article looks back over the Internet’s first twenty years, highlighting the crucial legal decisions by the executive, legislative, and judicial branches that have led to the Internet’s success, and which now frame its constitution. I participated in many of these decisions and wrote more than a dozen law review articles and reports suggesting directions for public policy and law. This Article uses this foundation to consider the future, focusing on major legal controversies, the resolution of which will define the Internet’s third decade—either strengthening or undermining its constitution.

The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen

All Faculty Scholarship

Representative democracy does not spontaneously occur by citizens gathering to choose laws. Instead, republicanism takes place within an extensive legal framework that determines who gets to vote, how campaigns are conducted, what conditions must be met for representatives to make valid law, and many other things. Many of the “rules-of-the-road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against “partisan gerrymandering” (which has led to most congressional districts not being party-competitive, but instead being safely Republican or Democratic) and against onerous voter identification requirements (which reduce the voting rates of …

Prosecution Appeals Of Court-Ordered Midtrial Acquittals: Permissible Under The Double Jeopardy Clause?, David S. Rudstein

All Faculty Scholarship

This article considers whether a statute or rule of court allowing the prosecution to appeal a directed verdict of not guilty, or its equivalent, would be constitutional under the Double Jeopardy Clause.

Social Movements, Legal Change, And The Challenges Of Writing Legal History (Book Review), Christopher W. Schmidt

All Faculty Scholarship

This Essay identifies the key contributions that Tomiko-Brown Nagin’s Courage to Dissent makes to the legal history of the civil rights movement. It situates the book among several other prominent legal histories of the civil rights era and offers thoughts on the challenge of creating historical accounts that illuminate the complex intersections of legal change and social activism. The Essay argues that Courage to Dissent is among the most thorough and ambitious efforts to confront this challenge in the literature today.

Behavioral Advertising: From One-Sided Chicken To Informational Norms, Richard Warner, Robert Sloan

All Faculty Scholarship

When you download the free audio recording software from Audacity, you agree that Audacity may collect your information and use it to send you advertising. Billions of such pay-with-data exchanges feed information daily to a massive advertising ecosystem that tailors web site advertising as closely as possible to individual interests. The vast majority want considerably more control over our information. We nonetheless routinely enter pay-with-data exchanges when we visit CNN.com, use Gmail, or visit any of a vast number of other websites. Why? And, what, if anything, should we do about it? We answer both questions by describing pay-with-data exchanges …

Takings, Water Rights, And Climate Change, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Sifting Through The Wreckage Of The Tsunami That Hit Public Sector Collective Bargaining, Martin H. Malin

All Faculty Scholarship

Beginning in December 2010, a virtual tsunami of legislative change hit public sector labor law. The change was fueled by a view that public employee unions were exercising outsized power and a privileged position of exclusive access to public decision-makers to extract excessive wages and benefits, protect employees who were poor performers, stifle incentive to excel and stifle innovation. This article evaluates these reforms which increased public employer power to act unilaterally in light of my prior work on collective representation of public employees. That prior work focused on how public sector labor law doctrine channels union representation into narrow …

To Cloak The Within: Protecting Employees From Personality Testing, Elizabeth De Armond

All Faculty Scholarship

Employees and job applicants are often subjected to personality tests that seek sensitive, internal information. These tests can intrude on individual privacy simply by their inquisition, and disclosure of their results can pigeonhole and stigmatize people. The work of sociologist Erving Goffman offers insights into the nature of these harms. Furthermore, the personality tests often do not reliably and accurately measure personality traits, and employers may not have accurately identified traits that enhance performance in specific jobs. Current legal structures, including the federal and state constitutions and the Americans with Disabilities Act, may apply to such tests, but are inadequate …

Vertical Dimensions In The Quality Of Law, Bartram Brown

All Faculty Scholarship

No abstract provided.

Report - Paying For The Past: Addressing Past Property Violations In South Africa, Bernadette Atuahene

All Faculty Scholarship

No abstract provided.

The Speech Act's Unfortunate Parochialism: Of Libel Tourism And Legitimate Pluralism (Invited Symposium Contribution), Mark D. Rosen

All Faculty Scholarship

No abstract provided.

Evaluating Tribal Courts' Interpretations Of The Indian Civil Rights Act, Mark D. Rosen

All Faculty Scholarship

No abstract provided.

Public Choices And Housing Opportunities For Senior Citizens: Different Scenarios In The United States Of America And Spain, Maria Luisa Gomez Jimenez

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Offshore Oil: A Frontier For International Lawmaking, Deanna Fowler

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Report From The Dean 2012, Iit Chicago-Kent College Of Law

Dean's Reports

Annual Dean's Report with a special focus on Chicago-Kent's Institute on the Supreme Court of the United States (ISCOTUS).

Mezonos, Hoffman And The Notion Of Intent, Jon Luke Dueltgen

Louis Jackson National Student Writing Competition

In Mezonos, the National Labor Relations Board (NLRB) for the first time had the opportunity to factually distinguish from Hoffman Plastics a case where the employer, rather than the employee, violated the Immigration Reform and Control Act. The legislative history and prior case law shows that immigration control is clearly compatible with traditional labor rights, thus the Hoffman majority has no statutory basis for reading the purposes of IRCA as entirely displacing the traditional enforcement of the National Labor Relations Act. As correctly set forth in Hoffman, a plaintiff who has the intent to violate IRCA by providing fraudulent documents …

Courting Substantive Equality: Employment Discrimination Law In India, Deepti Shenoy

Louis Jackson National Student Writing Competition

No abstract provided.

Got Milk: The New Health Insurance Law And Its Requirements Securing A Mother's Right To Express Breast Milk In The Workplace, Jamie Siebrase

Louis Jackson National Student Writing Competition

No abstract provided.

Vol. 29, No. 1, James C. Franczek, Amy K. Dickerson

The Illinois Public Employee Relations Report

Education Reform in Illinois: Making Performance Count by James C. Franczek, Jr. and Amy K. Dickerson

Recent Developments

Case: Google Inc. V. Eamonn Smyth, Kyom Bae

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Case: Air Transport Association Of America Et Al. V. Secretary Of State For Energy And Climate Change, Sarah Nelson

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Tax Treatment For Foreign Investors Under New Chinese Business Entities Tax Law: The Mixture Of American Experience And Special Chinese Characters, Yuan Shen

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

The Law Of International Waters, Margaret J. Vick

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Case: China- Measures Related To The Exportation Of Various Raw Materials, Yuan Shen

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Case: Leser V. Berridge, Emma Telling

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Icj's Kosovo Decision: Economical Reasoning Of Law And Questions Of Legitimacy Of The Court, Upendra D. Acharya

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Case: Al-Khawaja And Tahery V. The United Kingdom, Margaret Livingston

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Why Comply? An Analysis Of Trends In Compliance With Judgments Of The International Court Of Justice Since Nicaragua, Heather L. Jones

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Stumbling Towards Distributive Justice, Aileen E. Nowlan

Chicago-Kent Journal of International and Comparative Law

No abstract provided.