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smilliganlawreview
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NoteVol. 94 · Iss. 3
Dying for Leave: How Societal Views on End-of-Life Care Pushed Ballard to Expand the Meaning of Care Under the Family and Medical Leave Act
The Seventh Circuit’s recent decision in Ballard v. Chicago Park District shook employers and employment law attorneys to their core, forcing reevaluation of what…
Katherine Vaky -
ArticleVol. 94 · Iss. 3
Bitproperty and Commercial Credit
In the past several years, the growth of virtual property in today’s economy has been explosive. The everyday use of virtual assets, ranging from…
Christopher K. Odinet -
ArticleVol. 94 · Iss. 3
Who Owns Human Capital?
This Article analyzes the tax law’s capital income preference through the lens of intellectual capital, an increasingly important driver of economic productivity whose value…
Lily Kahng -
ArticleVol. 94 · Iss. 3
Judging Aggregate Settlement
While courts historically have taken a hands-off approach to settlement, judges across the legal spectrum have begun to intervene actively in “aggregate settlements”—repeated settlements…
David M Jaros & Adam S. Zimmerman -
NoteVol. 94 · Iss. 2
Crossed Wires: Outdated Perceptions of Electronic Communications in the NLRB’s Purple Communications Decision
The National Labor Relations Board (the NLRB or the Board) has recently emphasized the need to adjust to the rapid pace of change in…
Harrison C. Kuntz -
NoteVol. 94 · Iss. 2
Constitutional Concerns in Section 8 Housing: Transfer Voucher Terminations and the Impact on Participant Families
Currently, there is a procedural due process void in the existing Section 8 housing regulations, which is having immediate, harmful effects on program participants.…
Amanda R. Engel -
ArticleVol. 94 · Iss. 2
Averting Educational Crisis: Funding Cuts, Teacher Shortages, and the Dwindling Commitment to Public Education
Recent data shows that two-thirds of states are funding education at lower levels than in 2008. Some states are 20% or more below levels…
Derek W. Black -
ArticleVol. 94 · Iss. 2
Testing Tarnishment in Trademark and Copyright Law: The Effect of Pornographic Versions of Protected Marks and Works
Federal and state law both provide a cause of action against inappropriate and unauthorized uses that “tarnish” a trademark. Copyright owners also articulate fears…
Wen Bu, Christopher Buccafusco & Paul J. Heald -
ArticleVol. 94 · Iss. 2
Activist Hedge Funds and the Corporation
The long-term effects of hedge fund activism are controversial. Some empirical studies document that activism is associated with increased long-term firm value, suggesting that…
Martijn Cremers, Saura Masconale & Simone M. Sepe -
NoteVol. 94 · Iss. 1
The United States Commercial Space Launch Competitiveness Act: The Creation of Private Space Property Rights and the Omission of the Right to Freedom From Harmful Interference
In March 2004, the European Space Agency successfully launched the Rosetta Spacecraft from Kourou, French Guiana. Over $1.5 billion dollars, ten years, and four…
Elliot Reaven -
NoteVol. 94 · Iss. 1
The Religious Difference: Equal Protection and the Accommodation of (Non)-Religion
The First Amendment provides for specific rules that apply to “religion” without defining the term. This definition seems essential; the prohibition on establishment and…
Jonathan P. Kuhn -
ArticleVol. 94 · Iss. 1
Antitrust in Zero-Price Markets: Applications
“Free” products have exploded in popularity along with widespread Internet adoption—but many of them are not truly free. Customers often trade their attention or…
John M. Newman