Publication
Publications by Craig Cornish:
Books
John W. Witt, Edward J. Hanlon & Stephen M. Ryals, Section 1983 Litigation: Forms xiv (2007 Cum. Supp., Johnathan M. Purver) (thanking Craig Cornish for his "generous assistance in supplying highly current materials");
Cornish, THE PRACTITIONER'S GUIDE TO COLORADO EMPLOYMENT LAW Ch 9 (Privacy) (2006) (Gallagher, Miller, & Lee, Mgn Eds.)
Holloway & Leech, EMPLOYMENT TERMINATION: RIGHTS AND REMEDIES (2d ed.)(BNA: 1993) (Chapter 7 - Employee Privacy Rights; App. D, Potential Sources or Forms of Informational Surveillance; App. E, Drug-Use Testing);
Cornish, DRUGS AND ALCOHOL IN THE WORKPLACE: TESTING AND PRIVACY (Callaghan Publishing Co. 1988);
Tobias, LITIGATING WRONGFUL DISCHARGE CLAIMS ยงยง 7.04 - 7.14 (Clark Boardman Callaghan: 1999) (due process and first amendment rights of public employees).
Law Journal Articles
Cornish, Workplace Privacy, Autonomy, and Dignity in Colorado: Part I, 27 COLO. LAW. 5 (Nov. 1, 1998);
Workplace Privacy, Autonomy, and Dignity in Colorado: Part II, 27 COLO. LAW. 5 (Dec. 1998);
Employee Rights & Responsibilities, 10 LAB. L.J. 588 (Summer 1994) (contributed section on workplace privacy);
Cornish & Louria , Employment Drug Testing, Preventive Searches and the Future of Privacy, 33 WM & MARY L REV. 95 (1991);
The Government's New Weapon to Control Behavior - the Preventive Search, in 5 CIVIL RIGHTS LITIGATION AND ATTORNEY FEES ANNUAL HANDBOOK 277 (J. Lobel & B. Wolvovitz eds. Clark Boardman 1989);
Section 1983 Litigation in State Courts , 18 COLO. LAW. 27 (January 1989) (book review);
Urine Trouble: Unregulated Drug Testing and the Right to Privacy, 17 COLO. LAW. 1309 (July 1988);
Cornish & Ray M. Deeny, An Alternative to Wrongful Discharge Litigation, 16 COLO. LAW. 1413 (Aug. 1987);
High Tech Surveillance of Employees--Drug Testing and Polygraphs in the Workplace, in 3 CIVIL RIGHTS LITIGATION AND ATTORNEY FEES ANNUAL HANDBOOK 193 (J. Lobel & B. Wolvovitz eds. Clark Boardman 1987);
Constitutional Law, 1986 ANNUAL SURVEY OF COLORADO LAW (1987);
Constitutional Law, 1985 ANNUAL SURVEY OF COLORADO LAW (1986);
Constitutional Law, 1984 ANNUAL SURVEY OF COLORADO LAW (1985);
Alaska Privacy Symposium - Expungement of Criminal Records, 7 UCLA - ALASKA L. REV. 186 (1978);
Cornish & Cornish, Group Legal Services Today, 14 WASHBURN L.J. 31 (1975);
Constitutional Law: A First Amendment Right of Access - Denied, 13 WASHBURN L.J. 518 (1974).
Other Legal Publications
UPDATE: Privacy in the Workplace, THE EMPLOYEE ADVOCATE 66 (Spring 2007);
Privacy in the Workplace: Update 2001, THE EMPLOYEE ADVOCATE 7 (Spring 2001) (National Employment Lawyers Association);
Medical Privacy in the Workplace: 1998 Update, THE EMPLOYEE ADVOCATE SUPPLEMENT (National Employment Lawyers Association) (Spring 1999);
1998 Workplace Privacy Development, THE EMPLOYEE ADVOCATE SUPPLEMENT 8 (National Employment Lawyers Association) (Winter 1999);
Significant Workplace Privacy Cases From January 1, 1996 - March 10, 1997, THE EMPLOYEE ADVOCATE (National Employment Lawyers Association) (Spring 1997);
Employer Responses to Employee Violence: Legal Implications, EMPLOYMENT LAW COUNSELOR 2 (January 15, 1997);
Significant Developments in Workplace Privacy Law in 1995, THE EMPLOYEE ADVOCATE 11 (National Employment Lawyers Association) (Winter 1996);
Employee Responses to Employee Violence: Legal Implications, THE EMPLOYEE ADVOCATE 20 (National Employment Lawyers Association) (Winter 1996);
Under the Microscope: The Assault on Employee Privacy in the Use of Prescription Drugs, 1 AMERICAN BAR ASSOCIATION, EMPLOYEE RIGHTS AND RESPONSIBILITIES COMMITEE NEWSLETTER 11 (Summer 1996);
Recent Developments in the Law of Employment Privacy from January 1, 1994 to February 1, 1995, THE EMPLOYEE ADVOCATE 19 (National Employment Lawyers Association) (Summer 1995);
A Survey of Legal Texts and Reporting Services Relating to Drug-Use Testing in the Workplace, 40 TRIAL TALK 23 (January 1991) (Colorado Trial Lawyers Association);
Constitutional and Congressionally Created Civil Rights in the Tenth Circuit -- Spring 1984, 33 TRIAL TALK 10 (Colorado Trial Lawyers Association) (September 1984).
Newspaper and Magazine Articles
More Privacy Is Needed in Workplace, NEWSDAY A39 (March 10, 1999) (invited Op. Ed. piece);
Mass Drug Testing Means Our Bodies Now Are Not Our Own, N.Y. TIMES , April 11, 1991, at A18, Col. 3 (letter to the editor);
Unknowns Cloud the Case for Drug Testing, THE U.S. JOURNAL, Cornish & Morgan, November 1990 at p. 5 (guest article).
Publications cited in
Eugene Volokh, The Mechanisms of the Slippery Slope, 116 Harv. L. Rev. 1026, 1080 nn. 157 & 158 (2003)
Baughman v. Wal-Mart Stores, Inc., 592 S.E.2d 824, 828, n. 3 (W. Va. 2003)
Loder v. City of Glendale, 927 P.2d 1200, 1237 (Cal. 1997) (Mosk, J., concurring in part and dissenting in part)
Id. at 1249 (Kennard, J., concurring in part and dissenting in part)
Various law journals
Notable published decisions
Torres v. Bd. of Cty. Commrs., 2000 U.S. App. LEXIS 23593 (10th Cir. Sept. 19, 2000) (First Amendment rights of public employees to be free from discrimination on basis of marital association and union affiliation); Norman-Bloodsaw v. Lawrence Berkeley Laboratory, 135 F.3d 1260 (9th Cir. 1998) (constitutional privacy rights of employees subjected to blood and urine testing for sickle cell trait, pregnancy and syphilis) (wrote amicus brief on Fourth Amendment privacy issues for the American Civil Liberties Union, the National Employment Lawyers Association and the American Public Health Association); Doe v. United States, 132 F.3d 1430 (Fed. Cir. 1997) (wrongful termination of Air Force officer resulting, in part, from improper acquisition by United States Air Force of Colorado state court files) (co-counsel for appellant): Roe v. Cheyenne Mtn. Conf. Resort, 124 F.3d 1221 (10th Cir. 1997) (ADA rights of employees to use prescription drugs at work without supervisor approval) ( represented appellant); Gallegos v. City of Colorado Springs, 114 F.3d 1024 (10th Cir. 1997) (Fourth Amendment rights involving stop and excessive force by police officers); Sanders v. Robert Bosch Corp., 38 F.3d 736 (4th Cir. 1994) (rights of employees to be free from secret and continuous audio taping of telephone calls under the Federal Wiretap Act) (co-counsel for appellant); Doe v. National Medical Service, Inc., 974 F.2d 143 (10th Cir. 1992) (whether there were sufficient contacts between plaintiff and drug testing firm under the Due Process Clause of the Fourteenth Amendment in federal court action for negligently testing); Flanagan v. Munger, 890 F.2d 1557 (10th Cir. 1989) (First Amendment right of police officers to operate video rental store containing X-rated videos); Johnson v. N.T.I., Inc., 944 F. Supp. 839 (D. Colo. 1996) (whether employee established a prima facie case of racially discriminatory discharege); Hall v. Lopez, 823 F. Supp. 857 (D. Colo. 1993) (Fourth Amendment validity of City's no-knock policy and whether police officers were entitled to qualified immunity for injuries to plaintiff who was shot in no-knock raid); Smith v. Colorado Interstate Gas Co., 794 F. Supp. 1035 (D. Colo. 1992) (retroactive application of 1991 amendments to Civil Rights Act of 1991); State v. Glass 596 P.2d 10, 12, n. 3 (Alaska 1979) (holding that police must obtain search warrant prior to conducting electronic surveillance without the consent of both parties); Coffey v. State, 585 P.2d 514, 518, n.10 (Alaska 1978) (same).
See also various papers submitted as part of Mr. Cornish's continuing legal education presentations. To do so click on Invited Lectures.