News, Developments, and Insights

Genetic Testing: Further Debate with Richard Epstein

Richard Epstein has posted a reply continuing our debate over whether employers should be able to use genetic testing information to make employment decisions regarding employees. Here are the posts in our debate so far: 1. Solove, IBM vs. NBA: Using Employee Genetic Information 2. Epstein, Two Cheers for Genetic Testing 3. Solove, A Reply to Richard Epstein […]

Is There One Best Method of Constitutional Interpretation?

Although the Supreme Court feels some pressure for consistency via precedent, it doesn’t seem to strive at all for consistency in interpretive approach. Thus, the Court’s opinions are all over the map when it comes to the method of constitutional interpretation. Sometimes the Court reads the Constitution broadly and dynamically; sometimes it interprets the Constitution […]

A Reply to Richard Epstein on Genetic Testing

In his first post to the relatively new Chicago Law Faculty Blog(which has turned out to be a really interesting blog by the way), Professor Richard Epstein argues against my recent post about genetic testing in the workplace. Epstein disagrees with my general view that it is better to restrict employers from using genetic information in making employment decisions.

IBM vs. NBA: Using Employee Genetic Information

This week, IBM announced that it would not use genetic information in making any employment decision: On October 10, IBM Chairman Sam Palmisano signed a revision of the company’s equal opportunity policy specifying that IBM would not “use genetic information in its employment decisions.” In doing so, Big Blue became the first major corporation to proactively take […]

Should We All Be in the National DNA Database?

The Senate recently voted to reauthorize the Violence Against Women Act. But nestled in the Act was an amendment by Senator Jon Kyl (R-Arizona) to add arrestee information to the national DNA database. The national DNA database, which is run by the FBI, is called the Combined DNA Index System (“CODIS”), and it includes DNA from over two […]

Do We Really Want Perfect Law Enforcement?

I just wrote a post about the possibility of cell phones being used to nab speeders. This raises a larger question regarding law enforcement. If we employ new technologies of surveillance to achieve a more efficient enforcement of various laws, the most obvious concern that comes to mind is the threat posed to privacy. There’s also another […]