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Articles 1 - 30 of 61
Full-Text Articles in Law
Unique Proposals For Limiting Legal Liability And Encouraging Adherence To Ventilator Allocation Guidelines In An Influenza Pandemic, Valerie Gutmann Koch
Unique Proposals For Limiting Legal Liability And Encouraging Adherence To Ventilator Allocation Guidelines In An Influenza Pandemic, Valerie Gutmann Koch
All Faculty Scholarship
No abstract provided.
Claiming Neutrality And Confessing Subjectivity In Supreme Court Confirmation Hearings, Carolyn Shapiro
Claiming Neutrality And Confessing Subjectivity In Supreme Court Confirmation Hearings, Carolyn Shapiro
All Faculty Scholarship
Supreme Court confirmation hearings provide a rare opportunity for the American people to hear what (would-be) justices think about the nature of judging and the role of the Supreme Court. In recent years, nominees have been quick to talk about judging in terms of neutrality and objectivity, most famously with Chief Justice Roberts’ invocation of the “neutral umpire,” and they have emphasized their reliance on legal texts and sources as if those sources can provide answers in difficult cases. Many of the cases heard by the Supreme Court, however, do not have objectively correct answers that can be deduced from …
The Educational Autonomy Of Perfectionist Religious Groups In A Liberal State, Mark D. Rosen
The Educational Autonomy Of Perfectionist Religious Groups In A Liberal State, Mark D. Rosen
All Faculty Scholarship
This Article draws upon, but reworks, John Rawls’ framework from Political Liberalism to determine the degree of educational autonomy that illiberal perfectionist religious groups ought to enjoy in a liberal state. I start by arguing that Rawls mistakenly concludes that political liberalism flatly cannot accommodate Perfectionists, and that his misstep is attributable to two errors: (1) Rawls utilizes an overly restrictive “political conception of the person” in determining who participates in the original position, and (2) Rawls overlooks the possibility of a “federalist” basic political structure that can afford significant political autonomy to different groups within a single country. With …
Fisher's Fishing Expedition, Vinay Harpalani
Fisher's Fishing Expedition, Vinay Harpalani
All Faculty Scholarship
This Essay delves into the Supreme Court oral arguments in Fisher v. Texas, which occurred on October 10, 2012. It examines the exchanges between the advocates and Justices, focusing on the meaning of 'critical mass' and the quest for total race neutrality in UT admissions. It argues that both of these are futile endeavors and unnecessary to decide Fisher. The entire Fisher case is a fishing expedition - albeit one that might reel in race-conscious admissions.
What's A Name Worth?: Experimental Tests Of The Value Of Attribution In Intellectual Property, Christopher J. Buccafusco, Christopher Jon Sprigman, Zachary C. Burns
What's A Name Worth?: Experimental Tests Of The Value Of Attribution In Intellectual Property, Christopher J. Buccafusco, Christopher Jon Sprigman, Zachary C. Burns
All Faculty Scholarship
Despite considerable research suggesting that creators value attribution – i.e., being named as the creator of a work – U.S. intellectual property (IP) law does not provide a right to attribution to the vast majority of creators. On the other side of the Atlantic, however, many European countries give creators, at least in their copyright laws, much stronger rights to attribution. At first blush it may seem that the U.S. has gotten it wrong, and the Europeans have made a better policy choice in providing to creators a right that they value. But for reasons we will explain in this …
Google Apps Beyond Gmail, Debbie Ginsberg
Google Apps Beyond Gmail, Debbie Ginsberg
Presentations
In this Brown Bag, Debbie Ginsberg discussed the other apps in Google Apps for Education, demonstrated using Google Drive to share documents, how to work collaboratively with Google Docs, and how to create simple presentations.
The Supreme Court's Theory Of The Fund, William Birdthistle
The Supreme Court's Theory Of The Fund, William Birdthistle
All Faculty Scholarship
Just as the firm has long served as the foundational molecule of the U.S. capitalist economy, theories of the firm have for more than a century dominated legal and economic discourse. Ever since Ronald Coase published The Nature of the Firm in 1937 and asked why firms should exist in an efficient market, classicists and neoclassicists have competed to develop theories — predominantly managerialist and contractual — that best explain the structure and behavior of business organizations.
The investment fund, by contrast, has languished at the margins of corporate theory, relegated as simply a minor, if somewhat curious, example of …
It's New Blackboard For Course Websites, Debbie Ginsberg
It's New Blackboard For Course Websites, Debbie Ginsberg
Presentations
In Spring 2013, IIT launched a major Blackboard upgrade. In this Brown Bag, IIT's Blackboard team discussed the latest features available in Blackboard, such as an easy-to-use editing system and course blogs. Blackboard also includes "SafeAssign," a tool which lets faculty check student work for plagiarism.
To Drink The Cup Of Fury: Funeral Picketing, Public Discourse And The First Amendment, Steven J. Heyman
To Drink The Cup Of Fury: Funeral Picketing, Public Discourse And The First Amendment, Steven J. Heyman
All Faculty Scholarship
In Snyder v. Phelps, the Supreme Court held that the Westboro Baptist Church had a First Amendment right to picket the funeral of a young soldier killed in Iraq. This decision reinforces a position that has become increasingly prevalent in First Amendment jurisprudence – the view that the state may not regulate public discourse to protect individuals from emotional or dignitary injury. In this Article, I argue that this view is deeply problematic for two reasons: it unduly sacrifices the value of individual personality and it tends to undermine the sphere of public discourse itself by negating the practical and …
The Arbitration Fairness Act: It Need Not And Should Not Be An All Or Nothing Proposition, Martin H. Malin
The Arbitration Fairness Act: It Need Not And Should Not Be An All Or Nothing Proposition, Martin H. Malin
All Faculty Scholarship
The proposed Arbitration Fairness Act (AFA) would prohibit all pre-dispute agreements to arbitrate in employment, consumer and franchise contracts. Although changes in the ideological composition of Congress mean that the AFA has little chance of enactment in the foreseeable future, mini-AFAs have been enacted banning pre-dispute arbitration agreements as applied to sexual harassment claims by employees of defense contractors and whistleblower claims by employees in the securities and commodities industries. This article charts a middle ground between those who would ban pre-dispute arbitration mandates in employment contracts completely and those who would leave them unregulated. After surveying the empirical evidence …
Mobile Technology Update, Debbie Ginsberg
Mobile Technology Update, Debbie Ginsberg
Presentations
In this Brown Bag, Debbie Ginsberg discussed the latest innovations in mobile technology as well as what they mean for law schools and the legal field in general.
Becoming The Fifth Branch, William Birdthistle, M. Todd Henderson
Becoming The Fifth Branch, William Birdthistle, M. Todd Henderson
All Faculty Scholarship
Observers of our federal republic have long acknowledged that a fourth branch of government comprising administrative agencies has arisen to join the original three established by the Constitution. In this article, we focus our attention on the emergence of perhaps yet another, comprising financial self-regulatory organizations. In the late eighteenth century, long before the creation of state and federal securities authorities, the financial industry created its own self-regulatory organizations. These private institutions then coexisted with the public authorities for much of the past century in a complementary array of informal and formal policing mechanisms. That equilibrium, however, appears to be …
The New Ck Faculty Blog, Daniel Saunders
The New Ck Faculty Blog, Daniel Saunders
Presentations
Daniel Saunders, Faculty Scholarship Marketing Coordinator, unveiled the newly redesigned Chicago-Kent Faculty Blog. The new blog features a cleaner design, links to other faculty publications, and instant access to older blog posts.
United States Flood Control Policy: The Incomplete Transition From The Illusion Of Total Protection To Risk Management, A. Dan Tarlock
United States Flood Control Policy: The Incomplete Transition From The Illusion Of Total Protection To Risk Management, A. Dan Tarlock
All Faculty Scholarship
Until the mid-twentieth century, the story of modern flood control was the transition from adaptation to the inevitable to an expectation that government would provide maximum flood prevention and generous post-disaster relief for floodplain dwellers. For the last sixty years or so, the story has been the growing recognition, especially as the understanding of climate change has increased, that the goal of maximum protection is unobtainable because flood damage is an inevitable risk that can only be managed, but never totally avoided. Thus, we are now making the transition to the idea that we must manage floodplains through a combination …
Crowdsourcing Indie Movies, Henry H. Perritt Jr.
Crowdsourcing Indie Movies, Henry H. Perritt Jr.
All Faculty Scholarship
Crowdsourcing Indie Movies Henry H. Perritt, Jr. Abstract Internet-centered technology developments are revolutionizing the ways in which movies can be made. The use of crowdsourcing to make indie movies is a possibility that has not yet been explored fully, although the use of crowdsourcing to raise money for artistic works is growing. Crowdsourcing can be used for every step of making a movie, increasing the range of collaboration available to creators and reducing capital requirements. The article uses a fictional account of a team of young moviemakers to explain how they can use crowdsourcing for each step of making their …
Danbury Hatters In Sweden: An American Perspective Of Employer Remedies For Illegal Collective Actions, César F. Rosado Marzán, Margot Nikitas
Danbury Hatters In Sweden: An American Perspective Of Employer Remedies For Illegal Collective Actions, César F. Rosado Marzán, Margot Nikitas
All Faculty Scholarship
The European Court of Justice's ("ECJ") Laval quartet held that worker collective actions that impacted freedom of services and establishment in the E.U. violated E.U. law. After Laval, the Swedish Labor Court imposed exemplary or punitive damages on labor unions for violating E.U. law. These cases have generated critical discussions regarding not only the proper balance between markets and workers’ freedom of association, but also what should be the proper remedies for employers who suffer illegal actions by labor unions under E.U. law. While any reforms to rebalance fundamental freedoms as a result of the Laval quartet will have to …
Punishment And Work Law Compliance: Lessons From Chile, César F. Rosado Marzán
Punishment And Work Law Compliance: Lessons From Chile, César F. Rosado Marzán
All Faculty Scholarship
Workplace law activists and reformers find it increasingly more difficult to obtain redress for violation of workers’ rights. Some of them are calling for stricter enforcement and tougher penalties to bring employers into compliance. However, after seven and half months of participant observation at the Labor Directorate and the labor courts of Chile, institutions that use punishment as their main tools of enforcement, I am skeptical about the likelihood of success of mere punishment for effective workplace law enforcement and compliance. I am skeptical even though Chile is a country recognized as the Latin American “jaguar” for its successful economy …
Cool Tools Café: Mindmapping For Law Librarians Demonstration, Debbie Ginsberg
Cool Tools Café: Mindmapping For Law Librarians Demonstration, Debbie Ginsberg
Presentations
Presentation from the American Association of Law Libraries 105th Annual Meetig and Conference
Appellate Courts As First Responders: The Constitutionality And Propriety Of Appellate Courts' Resolving Issues In The First Instance, 87 Notre Dame Law Review 1521 (2012)., Joan E. Steinman
All Faculty Scholarship
No abstract provided.
The Legal Ipad Revolution: Where Are We Now And Where Are We Going?, Debbie Ginsberg
The Legal Ipad Revolution: Where Are We Now And Where Are We Going?, Debbie Ginsberg
Presentations
Presentation from the Center for Computer-Assisted Legal Instruction 2012 Conference for Law School Computing.
To view this file, download the free Prezi software.
Video Making And Editing, Clare Gaynor Willis, Debbie Ginsberg
Video Making And Editing, Clare Gaynor Willis, Debbie Ginsberg
Presentations
Presentation from Chicago Association of Law Libraries Half-Day Institute on Technology, 2012
Online Privacy - What You Need To Know, Debbie Ginsberg, Richard Warner
Online Privacy - What You Need To Know, Debbie Ginsberg, Richard Warner
Presentations
Special guest Professor Richard Warner discussed online privacy and the issues surrounding it.
The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
The Long And Winding Road From Monroe To Connick, Sheldon Nahmod
All Faculty Scholarship
In this article, I address the historical and doctrinal development of § 1983 local government liability, beginning with Monroe v. Pape in 1961 and culminating in the Supreme Court’s controversial 2011 failure to train decision in Connick v. Thompson. Connick has made it exceptionally difficult for § 1983 plaintiffs to prevail against local governments in failure to train cases. In the course of my analysis, I also consider the oral argument and opinions in Connick as well as various aspects of § 1983 doctrine. I ultimately situate Connick in the Court’s federalism jurisprudence which doubles back to Justice Frankfurter’s view …
Workers On The Run: Recession And The Pressure On Workplace Rights - The 34th Annual Kenneth M. Piper Lecture, Katherine S. Newman, Martin J. Mulloy, Gwynne A. Wilcox
Workers On The Run: Recession And The Pressure On Workplace Rights - The 34th Annual Kenneth M. Piper Lecture, Katherine S. Newman, Martin J. Mulloy, Gwynne A. Wilcox
Institute for Law and the Workplace Lectures
This lecture discusses the impact of the recent recession, both directly and indirectly, on the rights of workers in the U.S. and internationally. Employers are increasingly relying on temporary/contingent workers, and even unpaid interns who have few jobs protections and no benefits. This practice negatively impacts the wages and bargaining power of the core labor force as well as overall job creation. Particularly pronounced is the misclassification of jobs and failure to pay minimum wage and/or overtime benefits contrary to contractual requirements. There is evidence that the recession has made it politically acceptable to re-write existing employment agreements, with federal …
Living In The Cloud - Storing And Accessing Your Files Online, Debbie Ginsberg
Living In The Cloud - Storing And Accessing Your Files Online, Debbie Ginsberg
Presentations
In this Brown Bag, Debbie Ginsberg demonstrated and compared the access and security features of several cloud services, including DropBox, Google, and SpiderOak.
Reconstructing World Politics: Norms, Discourse, And Community, Sungjoon Cho
Reconstructing World Politics: Norms, Discourse, And Community, Sungjoon Cho
All Faculty Scholarship
This Article argues that the conventional (rationalist) approach to world politics characterized by political bargain cannot fully capture the new social reality under the contemporary global ambience where ideational factors such as ideas, values, culture, and norms have become more salient and influential not only in explaining but also in prescribing state behaviors. After bringing rationalism’s paradigmatic limitations into relief, the Article offers a sociological framework that highlights a reflective, intersubjective communication among states and consequent norm-building process. Under this new paradigm, one can understand an international organization as a “community” (Gemeinschaft), not as a mere contractual instrument of its …
Submitting Articles To Law Reviews, Debbie Ginsberg
Submitting Articles To Law Reviews, Debbie Ginsberg
Presentations
This annual Brown Bag covers the latest submissions information and other updates.
Prezi Update, Debbie Ginsberg
Prezi Update, Debbie Ginsberg
Presentations
This Brown Bag covers getting started with Prezi, from setting up an account to creating your first presentation. This Brown Bag showcases some of the newest features in Prezi, such as the presentation timeline.
It's Complicated: Privacy And Domestic Violence, Kimberly D. Bailey
It's Complicated: Privacy And Domestic Violence, Kimberly D. Bailey
All Faculty Scholarship
This Article challenges the notion that there is no role for privacy in the domestic violence context. Privacy is a complicated concept that has both positive and negative aspects, and this Article examines the value that more privacy could provide for domestic violence victims. While privacy was historically used as a shield for batterers, more privacy for domestic violence victims could protect their personhood, ensuring that they are treated with dignity and respect. In addition, current mandatory criminal justice policies have become so intrusive in many victims’ lives that limitations are needed to prevent the threat of state abuse. These …
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
All Faculty Scholarship
This essay introduces the Chicago-Kent Symposium on Women's Legal History: A Global Perspective. It seeks to situate the field of women's legal history and to explore what it means to begin writing a transnational women's history which transcends and at times disrupts the nation state. In doing so, it sets forth some of the fundamental premises of women's legal history and points to new ways of writing such histories.