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Table Of Contents, Danielle L, Vargas

DePaul Journal for Social Justice

No abstract provided.

A More Reasonable Approach To Noncompete Employment Agreements In California, Lindsey Schmidt

Journal of Legislation (University of Notre Dame)

No abstract provided.

The Absurdity Of The Illinois Felony-Murder Doctrine, Aidan Beck

Journal of Legislation (University of Notre Dame)

No abstract provided.

Occupational Hazard: A Critique Of California Elections Code § 13107(A)(3), Peter Nemerovski

Journal of Legislation (University of Notre Dame)

No abstract provided.

Exclusionary Economic Zoning: How The United States Government Circumvented Prohibitions On Racial Zoning Through The Standard State Zoning Enabling Act, Michael Kim

Journal of Legislation (University of Notre Dame)

No abstract provided.

State Attorneys General, Political Lawsuits, And Their Collective Voice In The Inter-Institutional Constitutional Dialogue, Mark C. Miller

Journal of Legislation (University of Notre Dame)

No abstract provided.

Jubilee Under Textualism, John Patrick Hunt

Journal of Legislation (University of Notre Dame)

No abstract provided.

What A Hybrid Legal-Technical Analysis Teaches Us About Privacy Regulation: The Case Of Singling Out, Micah Altman, Aloni Cohen, Kobbi Nissim, Alexandra Wood

Boston University Journal of Science & Technology Law

This article advocates a hybrid legal-technical approach to the evaluation of technical measures designed to render information anonymous in order to bring it outside the scope of data protection regulation. The article demonstrates how such an approach can be used for instantiating a key anonymization concept appearing in the EU General Data Protection Regulation (GDPR) -- singling out. The analysis identifies and addresses a tension between a common, compelling theory of singling out and a mathematical analysis of this theory, and it demonstrates how to make determinations regarding the sufficiency of specific technologies for satisfying regulatory requirements for anonymization.

Doubts …

It's Not Child's Play: A Regulatory Approach To Reforming American Youth Sports, N. Jeremi Duru

Berkeley Journal of Entertainment & Sports Law

It’s Not Child’s Play:

A Regulatory Approach to Reforming American Youth Sports

N. Jeremi Duru*

Word Count: 15,084

The American youth sports industry has developed into an economic behemoth. Its revenues outpace America’s most profitable sports leagues and support the livelihoods of thousands of adults, from coaches to equipment manufactures to owners of sprawling multi-million dollar youth sports training complexes. There is, however, a related cost, and it is born principally by youth athletes. What was once a fun and recreational endeavor for children has grown into a cash cow, substantially intensifying the environment within which the children play. This …

Trial Without Undue Delay, Cynthia J. Cline

Brazilian Journal of International Law

No abstract provided.

Saving The United States From Lurching To Another Sentencing Crisis: Taking Proportionaltiy Seriously And Implementing Fair Fixed Penalties, Sandeep Gopalan

Journal of Legislation (University of Notre Dame)

Unabated tough-on-crime policies in the United States for the past two decades in response to a crime problem have now produced another crisis: too many prisoners. Prison gates are currently literally being opened to release prisoners in a bid to ameliorate the unsustainable cost of detaining more than two million Americans. More than 40,000 drug offenders may be released early from prison pursuant to retrospective sentence reductions which have been implemented for no greater reason than the prison walls are crumbling from overuse. Sentencing is the sharp end of the criminal law. It is the domain where the State acts …

First Draft Pick Or Benched Indefinitely? The Future Of The Single-Entity Doctrine In Sports Antitrust, Luke Archer

Marquette Sports Law Review

No abstract provided.

Setting Up Dates With Death? The Law And Economics Of Extreme Sports Sponsoring In A Comparative Perspective, Horst Eidenmuller

Marquette Sports Law Review

No abstract provided.

Kentucky And Sports Law, Adam Epstein

Marquette Sports Law Review

No abstract provided.

Application Of The Uaaa, Ruaaa, And State Athlete-Agent Laws To Corruption In Men's College Basketball And Revisions Necessitated By Ncaa Rule Changes, Joshua Lens

Marquette Sports Law Review

No abstract provided.

Legal Implications Of Conducting Background Checks On Intercollegiate Student Athletes, Jeffrey F. Levine, Alicia M. Cintron, Kristy L. Mccray

Marquette Sports Law Review

No abstract provided.

Solving The Problem Of Social Cost Through Legislative Pressure: A Case Study Of The Coase Theorem As Applied To The College Basketball Shoe Scandal, Stephen F. Ross, Miles J. Gueno

Marquette Sports Law Review

No abstract provided.

The Adidas College Basketball Scandal And Its Aftermath, Austin Malinowski

Marquette Sports Law Review

No abstract provided.

Index: Sports Law In Law Reviews And Journals, Audrey Johnson

Marquette Sports Law Review

No abstract provided.

Muslims And Islam In U.S. Public Schools: Cases, Controversies And Curricula, Engy Abdelkader

Hastings Race and Poverty Law Journal

In recent years, controversies surrounding curriculum and instruction about Muslims and Islam in U.S.

public schools have become more common. In some instances, Muslim American parents and students

have challenged representations that spread and reinforce denigrating stereotypes and misconceptions

about their faith and co-religionists. In a seemingly growing trend, however, some non-Muslim students

and parents are objecting to courses and programs due to perceived favorable or neutral treatment of the

Islamic faith. Such cases, controversies and curricula illustrate how popular anxieties surrounding the

integration of immigrant populations, particularly Muslims, are increasingly infecting classrooms,

school districts and communities. They also provide …

Foreword: What's Next? Counter-Stories And Theorizing Resistance, Tayyab Mahmud

Seattle Journal for Social Justice

No abstract provided.

Now Is The Winter Of Ginsburg’S Dissent: Unifying The Circuit Split As To Preliminary Injunctions And Establishing A Sliding Scale Test, Taylor Payne

The Tennessee Journal of Law & Policy

The preliminary injunction is an equitable remedy that may be granted to prevent harm to a movant before adjudication on the merits can be reached. The United States Supreme Court most recently iterated in Winter v. National Resource Defense Counsel, Inc. the four factors a court must consider for a preliminary injunction to issue.[1] A movant seeking a preliminary injunction must establish that the movant is likely to succeed on the merits; that the movant is likely to suffer irreparable harm in the absence of preliminary relief; that the balance of equities tips in the movant’s favor; and that …

Tennessee's Death Penalty Lottery, Bradley A. Maclean, H. E. Miller Jr.

The Tennessee Journal of Law & Policy

Over the past 40 years, Tennessee has imposed sustained death sentences on 86 of the more than 2,500 defendants found guilty of first degree murder; and the State has executed only six of those defendants. How are those few selected? Is Tennessee consistently and reliably sentencing to death only the “worst of the bad”? To answer these questions, we surveyed all of Tennessee’s first degree murder cases since 1977, when Tennessee enacted its current capital punishment system. Tennessee’s scheme was designed in response to the U.S. Supreme Court’s decision in Furman v. Georgia, which held that a capital punishment system …

The End Of Exclusivity: Towards A Compensatory (Patent) Commons, Shamnad Basheer Mr

IDEA: The Intellectual Property Law Review (Franklin Pierce Law Center)

Abstract:

In a seminal piece penned over four decades ago, Calabresi and Melamed theorised a legal remedies framework that contrasted “property rules” with “liability” rules.

Given the various woes associated with patent exclusivities, I draw on this influential “remedies” framework to suggest that we are on the cusp of a paradigm shift, where property rules are yielding to liability rules in a significant way.

Some of the factors contributing to this paradigm shift are as below:

1. An increasing fragmentation of the innovation ecosystem, where the inventor, the innovator and the marketer/distributor of the innovative products/services are often distinct entities, who …

Rethinking Title Vii's Protections Against Sex Discrimination In An Employment Context: Hively V. Ivy Tech Cmty. Coll., 853 F.3d 339 (7th Cir. 2017), Tyler Corcoran

The Tennessee Journal of Law & Policy

No abstract provided.

Troubled Water: Building A Bridge To Clean Energy Through Small Hydropower Regulatory Reform, Samuel J. Panarella, Jody Lowenstein

UCLA Journal of Environmental Law & Policy

It is beyond credible dispute that the planet is heating up at an alarming rate and that the ecological effects of global warming pose real questions about the continued viability of human and non-human life on earth in the not-too-distant future. A primary cause of global warming is the burning of carbon-based fuels, mainly coal, natural gas, and oil, to generate electricity and for other purposes. Clearly, more must be done, and done soon, to stave off the worst impacts of global warming.

Drastically reducing global carbon emissions features prominently in any serious proposal to combat global warming. However, given …

Aging In Harmony: Creating Culturally Appropriate Systems Of Health Care For Aging American Indian/Alaska Natives, Mehgan Gallagher, Bette Jacobs, Nicole Heydt

Journal of Gender, Race & Justice

Aging is inevitable—it happens to all of us—but it is not a homogeneous experience. Aging people are among the most vulnerable populations in the world, and thus deserve our care and compassion. This is particularly true of aging American Indian and Alaska Natives (AI/ANs), who face unique barriers to accessing health care due to geographic constraints, language and cultural barriers, and a lack of infrastructure and resource support. This article examines the availability, accessibility, and acceptability of health care services for aging AI/ANs, with a focus on culturally appropriate care and the role of community health representatives in communities with …

Interpreting The Oil Pollution Act Of 1990 (Opa 90) As Inapplicable To The Natural Gas Industry And Deepwater Lng Ports, Patrick R. Pennella

Oil and Gas, Natural Resources, and Energy Journal (University of Oklahoma College of Law)

No abstract provided.

Tribal Sovereign Authority And Self-Regulation Of Health Care Services: The Legal Framework And The Swinomish Tribe’S Dental Health Program, Geoffrey D. Strommer

Journal of Health Care Law & Policy (University of Maryland)

Across the United States, an important shift is taking place in the Indian health care arena. Over the past forty years, many American Indian Tribes have transitioned away from relying primarily on federal officials to provide a bare minimum in health care services to Indian people, and have begun instead to develop and operate complex tribal health care delivery systems that offer the highest level of health care possible. Health care has historically been considered, and remains today, a core component of the federal trust responsibility to Indians. However, that trust responsibility is increasingly being carried out through the transfer …

Risk-Filled Risk Aversion: The Troubling Nature Of Third Party Litigation Financing Arrangements In The Context Of Aggregate Claims, Houston A. Bragg

Lincoln Memorial University Law Review

The pursuit of justice, with infrequent exception, requires financial stability and sometimes even wealth. The cost of litigation has become so burdensome over the years that a system of third party litigation finance, also known as “litigation lending,” has developed in the background of the U.S. justice system. On its face, third party litigation financing shifts risk from risk-averse individual plaintiffs to well-insulated investors, promoting a more even-handed adversarial system. The practical success of litigation lending in the individual context has led to an outgrowth of rhetoric concerning, and even attempts at applying, litigation lending to aggregate claims. From court …