Law Commons^™

Problems Of Developing Country Access To Wto Dispute Settlement, Kristin Bohl

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Transsexual Discrimination: Discrimination "Because Of…Sex", Tracy Scholnick Gruber

Louis Jackson National Student Writing Competition

No abstract provided.

The Supreme Court's Decision In Engquist V. Oregon Department Of Agriculture: Why The Court Should Have Chosen The Scalpel Instead Of The Meat-Axe, Chris Cavenave

Louis Jackson National Student Writing Competition

No abstract provided.

Transgender Teachers As Role Models For A Tolerant Society: The Impact Of Societal Views And Their Influence On Employment Anti-Discrimination Laws, Susannah L. Ashton

Louis Jackson National Student Writing Competition

This paper discusses the judicial and statutory constructs of the Chambers v. Omaha Girls Club Role Model Rule,3 which protects the rights of employers to take adverse employment actions against unsuitable role models in certain circumstances, in relation to transgender teachers. It includes an introduction to Gender Identity, a brief discussion of how Title VII’s prohibition on sex discrimination should be interpreted to prohibit discrimination on the basis of gender identity, and a survey of parental and societal responses to the recent coming out of transgender teachers across America. It argues that adverse action taken against transgender teachers on the …

The Genetic Information Non-Discrimination Act: Protecting Privacy And Ensuring Fairness In Health Insurance And Employment Practices, Melissa Beyer

Louis Jackson National Student Writing Competition

Almost two centuries ago, Thomas Jefferson, one of this country’s foremost scientists and original thinkers, wrote, ‘[L]aws and institutions must go hand in hand with the progress of the human mind. As . . . new discoveries are made [and] new truths disclosed...institutions must advance also, and keep pace with the time.’ In this age of genetic breakthroughs, it is essential that our laws catch up with science. We can’t afford to take one step forward in science but two steps backward in civil rights. Our laws must specify, clearly and unambiguously, how genetic information may be used and how …

Vol. 26, No. 1, Colleen F. O'Keefe

The Illinois Public Employee Relations Report

Contents:

Recent Changes to Special Education Law and the Impact on Collective Bargaining, by Colleen F. O'Keefe

Recent Developments

Case: 2006 (Gyo-Tsu) No. 135, Julia Bartmes

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

How The Development Of The Palestinian State Can Be Effectively Initiated: Implementing A Plan For A Two-State Solution While Fostering Palestinian Growth And Maintaining A Viable Peace, David F. Pustilnik, Dimitra Blitsa

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Case: S. And Marper V. United Kingdom, David Kim

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Case: The Prosecutor V. Omar Hassan Ahmad Al Bashir, Joseph Sellers

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Case: Maritime Delimitation In The Black Sea (Romania V. Ukraine), Jessica Cooper, Nina Mohseni

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Unlikely Bedfellows: Feminist Theory And The War On Terror, Rachel Lorna Johnstone

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Case: Northern Territory V. Collins, Lina Guo, Ryan Rivard

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

The Guatemala Genocide Cases: Universal Jurisdiction And Its Limits, Paul Scott

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

From Acquired Rights To Reverse Tupe: Employment Law Issues In Global Outsourcing Transactions, Carole A. Spink, Ute Krudewagen

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Whose Business Is Your Pancreas?: Potential Privacy Problems In New York City's Mandatory Diabetes Registry (With N. Gingo Et Al.), Harold J. Krent, Nicholas Gingo, Monica Kapp, Rachel Moran, Mary Neal, Meghan Paulas, Puneet Sarna, Sarah Suma

All Faculty Scholarship

New York City authorities in 2006 formulated a policy requiring that medical data from all diabetics in the City be stored in a centralized registry. This diabetic registry is the first in the nation to require collection of personal testing data for the purpose of monitoring treatments for a noninfectious disease. The registry represents an important step on the path toward better understanding and managing of the disease. Nonetheless, establishment of the registry threatens privacy in a number of ways. Many individuals are open about their diabetes, but others prefer to keep that information to themselves, whether because of concerns …

Brown And The Colorblind Constitution, Christopher W. Schmidt

All Faculty Scholarship

This Essay offers the first in-depth examination of the role of colorblind constitutionalism in the history of Brown v. Board of Education. In light of the recent Supreme Court ruling in Parents Involved in Community Schools v. Seattle School Dist. No. 1 (2007), such an examination is needed today more than ever. In this case, Chief Justice John Roberts drew on the history of Brown to support his conclusion that racial classifications in school assignment policies are unconstitutional. Particularly controversial was the Chief Justice's use of the words of the NAACP lawyers who argued Brown as evidence for his colorblind …

Expressive Minimalism And Fuzzy Signals: The Judiciary And The Role Of Law, Michele Goodwin

Chicago-Kent Law Review

The proper role of courts engenders significant debate. Yet, what seems better settled is the principle that courts are the place at which the common law is developed. Its genesis and modifications evolve out of the juridical process and when that process becomes encumbered or deferred to the legislature the role of the judiciary is called into question. This essay makes the case that expressive minimalism too often governs the common law judicial approach to biotechnology. The cases visited in this domain test our capacity to understand whether life is appropriately described as being beyond the definition of property, as …

Human Gene Patents: Proof Of Problems?, Timothy Caulfield

Chicago-Kent Law Review

The patenting of human genes has been the focus of intense policy debate. The concerns associated with gene patenting are diverse, ranging from dignity based critiques to suggestions that patents will drive up the cost of health care. But the two concerns that have generated the most policy attention are that they hurt basic research (also known as the "anti-commons" problem) and access to useful technologies. The goal of this short comment is to question the degree to which existing evidence supports the speculation about these two justifications for patent reform. While the issues associated with gene patents are complex …

Series Limited Liability Companies: A Possible Solution To Multiple Llcs, Sandra Mertens

Chicago-Kent Law Review

Although series LLCs are now over eleven years old, they remain mainly theoretical. Only seven states to date have enacted statutes authorizing series LLCs, and the drafters of the recent Revised Uniform Limited Liability Company Act considered and rejected provisions creating series LLCs. Many practicing attorneys continue to use multiple LLCs where a series LLC may be appropriate. This Note examines the general characteristics of series LLCs and state legislation authorizing them, the uncertain state and unanswered questions surrounding this new entity form, and the recent developments in case law and usage of series LLCs. Finally, this Note recommends that …

What Is Owed Participants In Biotechnology Research?, Julie A. Burger

Chicago-Kent Law Review

The legal and ethical protections afforded human subjects of research afford individuals who participate in research certain rights. Potential participants must give voluntary and informed consent to participate, they have the right to withdraw from research, they cannot be asked to waive certain rights, and they have the right to choose which studies they will participate in. But researchers, institutions, patient advocacy groups, and ethicists continue to debate how these rules should be applied in the context of genetics research—projects that involve using the individual's tissue or the individual's genetic information, such as gene sequences, and associated medical information. Evidence …

Intellectual Property And The Politics Of Emerging Technology: Inventors, Citizens, And Powers To Shape The Future, Stephen Hilgartner

Chicago-Kent Law Review

This article argues that there is a mismatch between traditional intellectual property doctrine and the politics of intellectual property today. To examine the nature of the mismatch, I contrast two frameworks that both appear in contemporary debate about intellectual property: the traditional discourse, which focuses on innovation policy, and a newer, less clearly codified discourse that views intellectual property issues from the perspective of the politics of technology. This latter discourse focuses on the challenge of democratic governance in a world where emerging technologies have assumed a central role in constituting the future, raising far-reaching questions about how they should …

Judicial Activism V. Judicial Abdication: A Plea For A Return To The Lochner Era Substantive Due Process Methodology, Brandon S. Swider

Chicago-Kent Law Review

Amid the fierce battles that take place during the confirmation process of a Supreme Court justice, surprisingly little attention is given to the fact that both sides of the political spectrum generally agree on a matter of profound constitutional importance—namely, the proper level of scrutiny courts are to exact with respect to state and federal legislation. Presently, and for the better part of the last 70 years, the dominant attitude among judicial conservatives and liberals alike is that courts have no authority to strictly scrutinize the overwhelming majority of legislation enacted by state and federal legislatures.

This Comment argues that …

What I Have Learned From The Reactions To My Books, Michael Crichton

Chicago-Kent Law Review

No abstract provided.

Gene Patents And The Product Of Nature Doctrine, John M. Conley

Chicago-Kent Law Review

Gene patents have proven to be enormously controversial, evoking a strong response from many categories of skeptics. Objections have focused on the foreclosure of research, the potential denial of healthcare, or the proper application of the patent laws. Gene patents also tend to trigger an elemental response that lies at the core of almost every objection: You shouldn't be able to patent a gene! This article focuses on the latter point, restating it as a question of legal doctrine: Why is it that the law has routinely treated genes as patentable inventions rather than unpatentable natural phenomena? Part II reviews …

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Who Owns Your Body? A Study In Literature And Law, Lori Andrews

Chicago-Kent Law Review

No abstract provided.

Upstream Without A Paddle: Gene Patenting And The Protection Of The "Infostructure", Seth Shulman

Chicago-Kent Law Review

The U.S. patent system, designed to protect rights to specific, marketable gadgets, has increasingly over the past few decades granted patents on comparatively abstract and amorphous ideas that stretch the system beyond recognition. Overly broad patents, and patents too far "upstream" from the marketplace, I argue, undermine the patent regime, hamper innovation, and prove exceedingly difficult to adjudicate. Using a series of conceptual and historical analogies, I attempt to assess the patenting of genes and other broad, "upstream" patents from a public policy context, emphasizing, as many are coming to realize, that things work best in the knowledge-based economy when …

Indigenous Peoples And Gene Disputes, Debra Harry

Chicago-Kent Law Review

Wary from decades exploitation in the name of science, Indigenous peoples typically approach externally-generated research with caution, and for good reason. Indigenous peoples have been on the receiving end of research carried out in insensitive, and sometimes, harmful ways. Research has historically been a top-down, outside-in process, with Indigenous peoples serving merely as research subjects, with little opportunity for meaningful participation or benefit from the outcomes of the research. Over the past two decades, with the advent of the Human Genome Project and other genetic research projects, there has been a corresponding increase in genetic research projects that put Indigenous …

You Don't Own Me: Recommendations To Protect Human Contributors Of Biological Material After Washington University V. Catalona, Laura B. Rowe

Chicago-Kent Law Review

As research using human biological materials has rapidly developed, so too has the debate over the ownership of these highly valuable materials. Most recently, the Eighth Circuit in Washington University v. Catalona held that research participants do not retain any ownership interest in the biological materials they contribute to research. This note argues that the misguided Catalona decision, in combination with unclear, outdated, and inadequate federal research regulations, has left human contributors of biological material largely unprotected and vulnerable to the goals of researchers, institutions, and biotechnology firms. Accordingly, this note proposes critical amendments to the federal research regulations that …