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Articles 1 - 9 of 9
Full-Text Articles in Law
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 …