Law Commons^™

Causation In Tort Law, Richard W. Wright

All Faculty Scholarship

No abstract provided.

Actual Causation Vs. Probabilistic Linkage: The Bane Of Economic Analysis, Richard W. Wright

All Faculty Scholarship

No abstract provided.

Racial Defamation As Free Speech: Abusing The First Amendment, Kenneth Lasson

All Faculty Scholarship

The traditional view of the first amendment's free speech guarantee as absolute, allowing few and narrow exceptions, reflects the Constitution's dedication to an open and unfettered exchange of ideas. Those thoughts that are abhorrent to a free society, the argument goes, will wither when aired but fester if suppressed. Moreover, who is to decide which ideas are offensive? The interests of the state may well be inferior to those of the people, the wisdom of public servants often suspect in quality and motivation. But freedom of speech is so precious and delicate a liberty it must be preserved at great …

Reducing Unions' Monopoly Power: Costs And Benefits, Robert H. Lande, Richard O. Zerbe Jr.

All Faculty Scholarship

There is a fundamental conflict between labor law and antitrust law. The antitrust laws reflect the powerful idea that competition should usually dictate the way our economy is organized, to the benefit of the economy as a whole, including workers. But the labor exemption to the antitrust laws suggests a different policy: workers should have the right to eliminate competition for wages, hours, and working conditions.

The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Gilda R. Daniels, William Yeomans, Nicholas Stephanopoulos, Gabriel J. Chin, Samuel Bagenstos

All Faculty Scholarship

This Issue Brief from the American Constitution Society for Law and Policy begins by explaining the Voting Rights Act, Shelby County v. Holder, and the Voting Rights Amendment Act of 2014 (VRAA). The remaining sections then explain the four specific ways the VRAA attempted to counter the holding from the Shelby County decision.

The Pursuit Of Pluralism: The Lessons From The New French Audiovisual Communications Law, Michael I. Meyerson

All Faculty Scholarship

Electronic mass communications, which have become increasingly influential over the past quarter century, have also undergone rapid and profound technological change. Constitutional governments around the world have struggled to apply their fundamental legal principals to the electronic media through sensible and balanced regulation. Perhaps the central problem in such regulation is to protect truth in the media, mainly by encouraging diversity, without allowing the regulators themselves to exert undue influence over what is disseminated over the airwaves and cables of a country's communications infrastructure. The following article traces the history of France's attempts to solve this problem in its electronic …

Civil Liberties For Homosexuals: The Law In Limbo, Kenneth Lasson

All Faculty Scholarship

This article will examine the recent surge in litigation arising from assertions by homosexuals of their constitutional rights - cases that reflect the law in flux and conflict - and will demonstrate that both constitutional principles and social philosophy generally require resolution of the conflicts in favor of equality, without regard to sexual preference.

In Defense Of Group-Libel Laws, Or Why The First Amendment Should Not Protect Nazis, Kenneth Lasson

All Faculty Scholarship

The author discusses group libel laws, and the underlying problems when free speech is used as a defense by those who would defame specific racial or ethnic groups and/or minorities. The topic is further explained in reference to various state laws, and the subsequent court cases extant at the time of the article's writing which defined the issue in terms of law. References are also made to such laws in countries other than the United States for the sake of comparison.

The Cable Communications Policy Act Of 1984: A Balancing Act On The Coaxial Wires, Michael I. Meyerson

All Faculty Scholarship

After three decades of what Chief Justice Burger termed ‘the almost explosive development’ of cable television, Congress updated the Communications Act of 1934 with the Cable Communications Policy Act of 1984. The Act represents the culmination of a ‘decade long effort to update the Communications Act of 1934 . . . and bring our outdated communications laws into the information age.’ The 1984 Cable Act was a complicated piece of legislation, the result of countless compromises and political deals. This Article explains how Congress attempted to balance the competing, and sometimes mutually exclusive, interests of the cable operators, cities, video …

Vertical Restraints Guidelines: A Step Forward, Joe Sims, Robert H. Lande

All Faculty Scholarship

No abstract provided.

Preclusive Effect Of Administrative Decisions In Wrongful Dismissal Suits, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Transportation Labor Law And Policy For A Deregulated Industry (With Dennis Alan Arouca), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Computers At The Core Of Legal Education: Experiments At Iit Chicago-Kent College Of Law, Ronald W. Staudt

All Faculty Scholarship

No abstract provided.

Public Trial, Pseudonymous Parties: When Should Litigants Be Permitted To Keep Their Identities Confidential?, Joan E. Steinman

All Faculty Scholarship

No abstract provided.

Supplemental Groundwater Irrigation Law: From Capture To Sharing, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

The Law Of Equitable Apportionment Revisited, Undated And Restated, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Implementing The Illinois Educational Labor Relations Act, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Due Process, State Remedies And Section 1983, Sheldon Nahmod

All Faculty Scholarship

No abstract provided.

Mandatory Tithes: The Legality Of Land Development Linkage (With N. Stroud), Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Pariah To Paragon: Developer Exactions In Florida 1975-85 (With N. Stroud), Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

State Regulation Of Long-Term Care: A Decade Of Experience With Intermediate Sanctions, Sandra H. Johnson

All Faculty Scholarship

The use of intermediate sanctions to enforce nursing home regulations marks a revolutionary and innovative legislative step to achieve, in addition to punishment, also rehabilitation and deterrence goals. This article evaluates the implementation of intermediate sanctions by the states, highlighting the ways in which similarities and differences in state statutes impacts effective implementation.

The article begins by considering legal challenges to state intermediate sanctions, including a constitutional challenge to the power of states to specify general standards for nursing homes and a notice challenge in light of statutory vagueness.

Next the article considers specific intermediate sanctions and makes recommendations to …

The Copyright Notice Requirement In The United States: A Proposed Amendment Concerning Deliberate Omissions Of Notice, Lynn Mclain

All Faculty Scholarship

Outside the United States, many countries take the position that an

author owns the copyright to his or her work simply by virtue of having

created it; copyright protection is not conditioned on compliance with

notice or other formalities. 1 The United States, however, has historically

required copyright notice to be placed on works which are published.

Judge Friendly succinctly explained the American position: "The notice

requirement serves an important public purpose; the copyright proprietor

is protected so long and only so long as he gives effective warning to

trespassers that they are entering on forbidden ground.

Professional Sports And Antitrust Law: The Groundrules Of Immunity, Exemption And Liability, Phillip J. Closius

All Faculty Scholarship

As professional sports leagues increased their wealth and national prominence, the federal judicial system became uncomfortable with its characterization of sports as something other than a business. The Supreme Court reflected this change in policy in the 1950s by refusing to extend baseball's antitrust exemption to other sports. The application of the Sherman Act to all nonbaseball sports established the foundation for the forceful imposition of antitrust constraints on team owners in the sports litigation of the 1970s. These "revolutionary" decisions substantially eliminated the status of sports as a game or amusement insulated from the legal obligations of profit-making industries. …

Antitrust Policy After Chicago, Herbert J. Hovenkamp

All Faculty Scholarship

This article, which was published in 1985, describes the development of a "Post-Chicago" antitrust policy. The Chicago School of antitrust analysis has made an important and lasting contribution to antitrust policy. The School has placed an emphasis on economic analysis in antitrust jurisprudence that will likely never disappear. At the same time, however, the Chicago School's approach to antitrust is defective for two important reasons. First of all, the notion that public policymaking should be guided exclusively by a notion of efficiency based on the neoclassical market efficiency model is naive. That notion both overstates the ability of the policymaker …

Indian Religious Freedom And Governmental Development Of Public Lands, Sarah Barringer Gordon

All Faculty Scholarship

No abstract provided.

Causing The Conditions Of One's Own Defense: A Study In The Limits Of Theory In Criminal Law Doctrine, Paul H. Robinson

All Faculty Scholarship

One widely-stated goal of criminal law theory is to create the set of rules that best implements our collective sense of justice. To reach this goal, the theorist continuously adjusts his theory so that it generates rules that better reflect our fundamental notions of justice. These rules, moreover, must function as workable doctrine, which in the context of criminal law means precise statutory provisions. It is this process of theoretical refinement and translation that is the topic of this article. Can good theory generate results that approximate our collective sense of justice? Can the theoretical refinements be translated into workable …

Interjurisdictional Preclusion And Federal Common Law: Toward A General Approach, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Afterwords: A Response To Professor Hazard And A Comment On Marrese, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton

All Faculty Scholarship

No abstract provided.

Social Science And Segregation Before Brown, Herbert J. Hovenkamp

All Faculty Scholarship

The courts must bear a heavy share of the burden of American racism. An outpouring of historical scholarship on racism and the American law reveals the outrageous and humiliating extent to which American lawyers, judges, and legislators created, perpetuated, and defended racist American institutions. The law is not autonomous, however, particularly in areas of explicit public policy making. Lawyers did not invent racism. Rather they created racist institutions because society was racist and racism was implicit in its values. The trend in scholarship on the legal history of American racism, however, has been to place most of the blame for …