Law Commons^™

Fighting? It's All In A Day's Work On The Ice: Determining The Appropriate Standard Of A Hockey Player's Liability To Another Player, Barbara Svoranos

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

A Pit-Stop In The Courts And Applying The Brakes To Keep Another From Crashing: A Comment On The Conflicts Between Indianapolis Motor Speedway And Championship Auto Racing Teams, Meri J. Van Blarcom

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

All Wired Up: An Analysis Of The Fcc's Order To Internally Connect Schools, Roxana E. Cook

Federal Communications Law Journal

The Telecommunications Act of 1996 extends universal service support to schools and libraries. Pursuant to this legislation, the FCC has provided all eligible schools with discounts of between twenty and ninety percent on telecommunications services, Internet access, and internal connections— to a 2.25 billion dollar annual cap. Critics have denounced the subsidy for internal connections as unsupported by the Act's language and outside the FCC's authority. However, based on a plain reading of the statute, on case law, and on legislative history, it is clear that the FCC properly exercised discretion in allocating the potential fund.

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Labor Law - The Nonstatutory Labor Exemption - Federal Labor Laws Shield From Antitrust Attack An Agreement Among Several Employers Bargaining Together To Implement, After Impasse, The Terms Of Their Last Best Good-Faith Wage Offer; The National Football League's Conduct In Unilaterally Imposing A Fixed Salary For The Developmental Squad Players Falls Within The Scope Of The Nonstatutory Labor Exemption From Antitrust Liability: Brown V. Pro Football, Inc., 116 S.Ct. 2116 (1996)., Joshua Zane Webb

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The Effect Of The Federally Imposed Mediation Requirement Of The Indian Gaming Regulatory Act On The Tribal-State Compacting Process, Mark E. Stabile

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Constitutional Law - First Amendment - Parody Contained On Trading Cards Does Not Violate An Athlete's Right Of Publicity. Cardtoons, L.C. V. Major League Baseball Players Association, 95 F.3d 959 (10th Cir. 1996)., John Shahdanian

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

"Sportstrax: They Love This Game!" A Comment On The Nba V. Motorola, Paul M. Enright

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Legislators Strike Out: Volunteer Little League Coaches Should Not Be Immune From Tort Liability, Jamie Brown

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The V-Chip And The Constitutionality Of Television Ratings, Benjamin C. Zipursky, Eric Burns, Donald W. Hawthorne, Thomas Johnson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Cocaine-Cola, The Velvet Elvis, And Anti-Barbie: Defending The Trademark And Publicity Rights To Cultural Icons, Steven M. Cordero

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Red Alert! Add-On Games Are Coming!, Adam Eric Jaffe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Second-Best Theory And Law & Economics: An Introduction, Richard S. Markovits

Chicago-Kent Law Review

No abstract provided.

Courts, Legislatures, And The General Theory Of Second Best In Law And Economics, Thomas S. Ulen

Chicago-Kent Law Review

No abstract provided.

Environmental Taxes And The Double-Dividend Hypothesis: Did You Really Expect Something For Nothing, Don Fullerton, Gilbert E. Metcalf

Chicago-Kent Law Review

No abstract provided.

Some Thoughts On Law And Economics And The General Theory Of Second Best, John J. Donohue Iii

Chicago-Kent Law Review

No abstract provided.

Machine Intelligence And Legal Reasoning - The Charles Green Lecture In Law And Technology, J.C. Smith

Chicago-Kent Law Review

No abstract provided.

The Broken Promises Of The National Labor Relations Act And The Occupational Safety And Health Act: Conflicting Values And Conceptions Of Rights And Justice, James A. Gross

Chicago-Kent Law Review

No abstract provided.

The End Justifies The Means - Montana V. Egelhoff Intoxicates The Right To Present A Defense, Thomas Webster

Chicago-Kent Law Review

No abstract provided.

Justice George Sutherland And Economic Liberty: Constitutional Conservatism And The Problem Of Factions, Samuel R. Olken

William & Mary Bill of Rights Journal

Most scholars have viewed Justice George Sutherland as a conservative jurist who opposed government regulation because of his adherence to laissez-faire economics and Social Darwinism, or because of his devotion to natural rights. In this Article, Professor Olken analyzes these widely held misperceptions of Justice Sutherland's economic liberty jurisprudence, which was based not on socio-economic theory, but on historical experience and common law. Justice Sutherland, consistent with the judicial conservatism of the Lochner era, wanted to protect individual rights from the whims of political factions and changing democratic majorities. The Lochner era differentiation between government regulations enacted for the public …

The Narrow And Shallow Bite Of Romer And The Eminent Rationality Of Dual-Gender Marriage: A (Partial) Response To Professor Koppelman, Richard F. Duncan

William & Mary Bill of Rights Journal

In this response to Professor Koppelman, Professor Duncan takes issue with the assertions Koppelman makes in Romer v. Evans and Invidious Intent. Though Duncan agrees with Koppelman's summary of the rule of Romer and the ongoing effects of Bowers v. Hardwick, he rejects Koppelman's claims that laws that discriminate against gays will always be constitutionally doubtful because they disadvantage an unpopular class.

Duncan claims that Koppelman has tried, without success or authority, to fill in the "missing pages" left in Romer by the Supreme Court. Finally, he argues that traditional marriage laws are valid and will survive under Romer and …

Tearing Down The House: Weakening The Foundation Of Divorce Mediation Brick By Brick, Colleen N. Kotyk

William & Mary Bill of Rights Journal

Mediation is an attractive alternative to traditional litigation. In the last decade the use of mediation in family law has increased substantially. Mediation is particularly suited to family disputes when the parties voluntarily choose to use the process because it can help the parties resolve disputes and foster long-term relationships. Not all parties, however, are given a choice between mediation and more traditional adversarial justice. Currently, state legislation ranges from permitting mediation to mandating mediation. Mandatory mediation raises the issue of due process violations, especially in situations involving spousal abuse.

This Note analyzes the use of mediation in domestic relations …

Nothing And Everything: Race, Romer, And (Gay/Lesbian/Bisexual) Rights, Robert S. Chang, Jerome Mccristal Culp Jr.

William & Mary Bill of Rights Journal

In this Article, Professors Chang and Culp propose that the Supreme Court's decision in Romer v. Evans, viewed by some scholars as a progressive case about gay/lesbian/bisexual rights, has little to do with gay/lesbian/bisexual rights as such. They argue that whatever protection Romer provides to gays, lesbians, and bisexuals is provided not because of *their sexuality but, rather, despite it. The authors demonstrate their thesis by examining the racial underpinnings of the Court's opinion, which begins with Justice Harlan's famous dissent in Plessy v. Ferguson and which relies on a specific vision of color-blindness. This submerged racial jurisprudence provides the …

Comfortably Penumbral, Glenn Reynolds, Brannon Denning

College of Law Faculty Scholarship

A followup to "Penumbral Reasoning on the Right", 140 U. Pa. L. Rev. 1333 (1992), this paper notes the increased use, and acceptance, of penumbral reasoning by federal courts in recent years. It suggests that this trend is a positive one, and likely to lead to more, rather than less, fidelity to constitutional text and structure.

Illegal Moves Off-The-Field University Liability For Illegal Acts Of Student-Athletes, Gil B. Fried

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Closing The Book On Jusen: An Account Of The Bad Loan Crisis And A New Chapter For Securitization In Japan, Howard M. Felson

Duke Law Journal

No abstract provided.

Jury Reform: Of Myths And Moral Panics, Peter Duff, Mark Findlay

Research Collection Yong Pung How School Of Law

It is now commonplace to assert that the jury performs an important ideological or symbolic role in the criminal justice process. Indeed, it is often argued that this function is more significant than the impact the jury has in practice (see Mungham & Bankowski 1976; Duff & Findlay 1982; Findlay & Duff 1988: 1–7; Darbyshire 1991). Certainly it is true that, in virtually every jurisdiction where the jury exists, only a very small proportion of alleged offenders have their cases heard before a jury. There are two principal reasons for this. First, the vast majority of those charged with criminal …

Self V. Queen: Retaining Eighteenth Century Feudalistic Jurisprudence To Determine A Landowner's Duty Of Care, Thomas S. Kleeh

West Virginia Law Review

No abstract provided.

A New Legislation: Remarks On The Draft Restatement Of Products Liability, Marshall S. Shapo

University of Michigan Journal of Law Reform

This being a law school in a university, I would like to begin my discussion of the present draft not with doctrinal analysis, but rather by attempting to frame the question from a broader set of perspectives. I shall draw on the intricate relations of law with the society it governs and the reflection of those relations in the literature that remains at the heart of great universities.

Design Defects Under The Proposed Section 2(B) Of The Restatement (Third) Of Torts: Products Liability- A Judge's View, William A. Dreier

University of Michigan Journal of Law Reform

The proposed section 2(b) of the Restatement (Third) of Torts: Products Liability has caused a great deal of controversy, and many are concerned that this section represents a radical change in the law. This Article explains that section 2(b) in fact provides a pragmatic, workable tool for judges and attorneys to explain and prove a manufacturer's liability for a defective product. It sheds much of the baggage of the Restatement (Second) of Torts section 402A and its commentaries, yet preserves the essence of the theory behind section 402A. The criticisms of the new language are adequately met in the comments, …