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Don Fehr Trades His Ball For A Puck: Will He Continue To Score, Jordan I. Kobritz, Jeffrey F. Levine, Steven C. Palmer
Don Fehr Trades His Ball For A Puck: Will He Continue To Score, Jordan I. Kobritz, Jeffrey F. Levine, Steven C. Palmer
Jeffrey S. Moorad Sports Law Journal
The article discusses former Major League Baseball Players' Association (MLBPA) Executive Director Donald Fehr and his decision to help the National Hockey League Players' Association (NHLPA) with the reforming of its constitution and its search for a director. The NHLPA's plan to use Fehr in its collective bargaining agreement (CBA) negotiations with the National Hockey League (NHL) in 2012 is also addressed.
Burying The Inevitable Disclosure Doctrine In The Nooks And Crannies: The Third Circuit's Liberal Standard For Trade Secret Misappropriation In Bimbo Bakeries Usa, Inc. V. Botticella, Joseph J. Mahady
Villanova Law Review
The article presents information on the value of trade secrets and the close attention paid by the government officials and company executives on the related knowledge possessed by the American employees. The improved portability of digital information, competitiveness of the U.S. economy and weak job market due to poor economic conditions are discussed. The public policy related to employee mobility is also discussed with reference to the trial of Bimbo Bakeries USA, Inc. v. Botticella.
Lawyering As Peacemaking, Angela P. Harris
Lawyering As Peacemaking, Angela P. Harris
Villanova Law Review
A lecture by Angela P. Harris titled "Lawyer As Peacemaking," given University of California, Davis, is presented on the topic of civil rights activist Martin Luther King Jr.'s speech "The Quest for Peace and Justice." Topics include the civil rights movement in the U.S., the ways in which attorneys can contribute to the peace process, and lawyers' commitment to justice.
Brady V. Nfl: How The Eighth Circuit Saved The 2011 Nfl Season By Supporting Negotiation, Not Litigation, Erick V. Passer
Brady V. Nfl: How The Eighth Circuit Saved The 2011 Nfl Season By Supporting Negotiation, Not Litigation, Erick V. Passer
Jeffrey S. Moorad Sports Law Journal
The article discusses the United States District Court for the District of Minnesota case Brady v. National Football League (NFL) which deals with the NFL players' attempt to obtain a preliminary injunction to prevent the NFL from locking them out during the NFL's collective bargaining agreement (CBA) negotiations with the NFL Payers Association (NFLPA). The U.S. Sherman Anti-Trust Act is also addressed.
The Right Of Publicity In New York And California: A Critical Analysis, Paul Czarnota
The Right Of Publicity In New York And California: A Critical Analysis, Paul Czarnota
Jeffrey S. Moorad Sports Law Journal
The article provides an analysis of the right of publicity under the state laws of New York and California as of September 2012, focusing on the application of the laws to celebrities and the illegal use of their identities in advertising and trade. The New York right to publicity tort laws reportedly protect a celebrity's name, portrait, and voice from unauthorized use by third parties. The New York case Roberson v. Rochester Folding Box Co. is also mentioned.
Driving Americans' Perception Of Recreation: Awaiting The Park Service's Long-Term Solution To Access In Yellowstone National Park, Thomas M. Duncan
Driving Americans' Perception Of Recreation: Awaiting The Park Service's Long-Term Solution To Access In Yellowstone National Park, Thomas M. Duncan
Jeffrey S. Moorad Sports Law Journal
The article discusses recreation activities in the U.S. Park Service (USPS) system and the USPS' policies regarding snowmobile access in Yellowstone National Park as of September 2012. The author argues that the U.S. government, in its interpretation of the National Park Service Organic Act, is risking the loss of Yellowstone National Park's natural resources. The competing interests of recreational enthusiasts and preservationists are examined.
Stealing Home In Hollywood: Why The Takeover Of The Los Angeles Dodgers Illustrates The Unjust Nature Of Major League Baseball's Antitrust Exemption, John W. Polonis
Stealing Home In Hollywood: Why The Takeover Of The Los Angeles Dodgers Illustrates The Unjust Nature Of Major League Baseball's Antitrust Exemption, John W. Polonis
Jeffrey S. Moorad Sports Law Journal
The article discusses Major League Baseball's (MLB) takeover of the Los Angeles Dodgers baseball team from owner Frank McCourt following his divorce from his wife Jamie, as well as MLB's alleged unjust antitrust exemption as of September 2012. The author argues that McCourt could have challenged the anti-competitive takeover practices of MLB and its commissioner Bud Selig since McCourt's attempt to broker a television deal with Fox Sports did not break any of MLB's rules.
Prescription For Change: Third Circuit Diagnoses Pharmaceutical Sales Representatives As Exempt From Overtime Pay In Smith V. Johnson & Johnson, Brooke Burns
Villanova Law Review
The article presents information on the pharmaceutical companies manufacturing brand-name drugs and the issues related to pharmaceutical sales representative (PSR). The intensive sales training program, the exempt from overtime pay based on the U.S. Fair Labor Standards Act and the economic justice and security of low income group are discussed. The court decision of Smith v. Johnson & Johnson, white-collar exemptions and employee misclassification are also discussed.
The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly, And The Application Of Judicial Experience, Henry S. Noyes
The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly, And The Application Of Judicial Experience, Henry S. Noyes
Villanova Law Review
SINCE 1938, Rule 8(a) of the Federal Rules of Civil Procedure (Federal Rules or Rules) has set the standard for how much a plaintiff must allege at the outset of a lawsuit in order to avoid dismissal for failure to state a claim. Rule 8 requires that a plaintiff must include in the complaint "a short and plain statement of the claim showing that the pleader is entitled to relief." Federal courts developed a well-settled set of principles to apply when deciding whether to dismiss a claim. Among these principles are the following: (1) the plaintiffs factual allegations are accepted …
The Role Of International Law And Practice In Addressing International Tax Issues In The Global Era, Charles H. Gustafson
The Role Of International Law And Practice In Addressing International Tax Issues In The Global Era, Charles H. Gustafson
Villanova Law Review
The article discusses the role of international law and practice in deciphering complex international tax policy and administration issues as of July 2011. An August 2009 deal between the U.S. and Switzerland, known as the U.S.-Swiss Agreement, is also mentioned. The international law of jurisdiction is examined as it relates to the issue of double taxation.
Symposium Introduction, Stephen Yale-Loehr
Symposium Introduction, Stephen Yale-Loehr
Villanova Law Review
A profile of law professor and author John F. Murphy is presented, including information on his educational background, his teaching experience at institutions such as the Naval War College in Newport, Rhode Island, and his authorship of several books and monographs. Murphy's selection as a recipient of the 2011 Louis B. Sohn Award for Public International Law is also mentioned.
The United States And International Law: The United Nations Finds A Home, Mark Weston Janis
The United States And International Law: The United Nations Finds A Home, Mark Weston Janis
Villanova Law Review
An essay is presented on the relationship between the U.S. and the United Nations (UN) as of July 2011, focusing on the commitment of the U.S. to international law and international organization, as well as a historical overview of the UN and its facilities in the U.S. John F. Murphy's book "The United States and the Rule of Law in International Affairs" is also mentioned.
Federalism And U.S. Participation In Intergovernmental Efforts To Unify Private Law, Peter H. Pfund
Federalism And U.S. Participation In Intergovernmental Efforts To Unify Private Law, Peter H. Pfund
Villanova Law Review
The article discusses federalism and the participation of the U.S. in the intergovernmental private law unification process as of July 2011, focusing on the Hague Conference on Private International Law, the role of the U.S. State Department in facilitating changes to state laws in the U.S., and the view of the U.S. towards private international law (PIL) conventions. The United Nations (UN) Commission on International Trade Law (UNCITRAL) is also mentioned.
William Howard Taft And The Taft Arbitration Treaties, John E. Noyes
William Howard Taft And The Taft Arbitration Treaties, John E. Noyes
Villanova Law Review
An essay is presented on former U.S. President William Howard Taft, focusing on his views towards international law, the two Taft Arbitration Treaties with France and Great Britain, and his role as Chief Justice of the U.S. Supreme Court. Taft's role as the head of the League to Enforce Peace following his presidency is also examined.
A Comparison Of The Handling Of The Financial Crisis In The United States, The United Kingdom, And Australia, Elizabeth F. Brown
A Comparison Of The Handling Of The Financial Crisis In The United States, The United Kingdom, And Australia, Elizabeth F. Brown
Villanova Law Review
The article discusses how the U.S., Great Britain and Australia handled the financial crisis, as of July 2010. It analyzes the reasons why Australia was less affected by the crisis than the U.S. and Great Britain. The author suggests that the U.S. would perform well to adopt a Twin Peaks Model which creates two agencies that regulate a broad range of financial entities but focus on narrow goals.
Four Challenges To Financial Regulatory Reform, Eric J. Pan
Four Challenges To Financial Regulatory Reform, Eric J. Pan
Villanova Law Review
The article discusses the challenges that should be addressed in a successful financial regulatory reform. These challenges include the structuring of regulatory systems, separation of prudential supervision and consumer protection regulation, the entity responsible for monitoring and managing systemic risk, and the supervision of cross-border financial services and transactions. The reform proposals considered by Great Britain, the U.S., and European Union are analyzed.
Oh, I'M Sorry, Did That Identity Belong To You: How Ignorance, Ambiguity, And Identity Theft Create Opportunity For Immigration Reform In The United States, Matthew T. Hovey
Oh, I'M Sorry, Did That Identity Belong To You: How Ignorance, Ambiguity, And Identity Theft Create Opportunity For Immigration Reform In The United States, Matthew T. Hovey
Villanova Law Review
No abstract provided.
Reliance On Counsel As Reasonable Cause: To The Back Burner After Boyle, Malcolm L. Morris
Reliance On Counsel As Reasonable Cause: To The Back Burner After Boyle, Malcolm L. Morris
Villanova Law Review
No abstract provided.
Recent Decisions, Various Editors