Cir. 1997) (quoting the district court in agreeance that "it makes little sense to require an employee to demonstrate that he has a disability to prevent his employer from inquiring as to whether or not he has a disability"); Fredenburg v. Contra Costa County Dept. of Health Services, 172 F.3d 1176, 1182 (9th Cir. 1999) (holding that "plaintiffs need not prove that they are qualified individuals with a disability in order to bring claims challenging the scope of medical examinations under the ADA"); Conroy v. New York State Dept. of Correctional Services, 333 F.3d 88, 94 (2d Cir. 2003) (stating that "a plaintiff need not prove that he or she has a disability unknown to his or her employer in order to challenge a medical inquiry or examination under [the ADA]"). 22 Equal Employment Opportunity Comm'n, Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees under the ADA (July 26, 2000), § A.5,
Despite dramatic technological change, the thick, attractively-bound casebook remains ensconced as the written centerpiece of legal education. That will soon change -but its replacement has not been established. This paper argues that the legal academy should take this opportunity to implement an "open source" approach to future course materials. Guided by analysis and examples of commons-based peer production such as open source software, professors could establish electronic commons casebooks with a myriad of materials for every course. These joint databases would unshackle individual creativity while engendering collaboration on levels previously impossible. Although there may be concerns that such a project would not draw any interest, or might be swamped by too much interest, the successes of other peer-production projects demonstrate that such concerns are generally unwarranted or manageable. Copyright ultimately poses the biggest difficulty, but even that barrier can be circumvented to greater and lesser degrees. Although as yet an untried experiment, an open source approach has the potential to open a new era in legal pedagogy.
It was as if everyone already knew (from Berle and Means) that the master problem of corporate law was agency costs, and along came an economic model and a vocabulary to elaborate that view.").
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