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Articles 31 - 60 of 118

Full-Text Articles in Law

The Major League Baseball Players Association And The Ownership Of Sports Statistics: The Untold Story Of Round One, J. Gordon Hylton Jan 2006

The Major League Baseball Players Association And The Ownership Of Sports Statistics: The Untold Story Of Round One, J. Gordon Hylton

Faculty Publications

No abstract provided.


A Place On The Team: The Triumph And Tragedy Of Title Ix, A Review Essay, Paul M. Anderson Jan 2006

A Place On The Team: The Triumph And Tragedy Of Title Ix, A Review Essay, Paul M. Anderson

Faculty Publications

No abstract provided.


The Day After Tomorrow: What Happens Once A Middle East Peace Treaty Is Signed?, Andrea Kupfer Schneider Jan 2006

The Day After Tomorrow: What Happens Once A Middle East Peace Treaty Is Signed?, Andrea Kupfer Schneider

Faculty Publications

Dealing with the Israeli-Palestinian conflict sometimes seems like wading into quicksand. Far more good ideas and good intentions have been focused on this conflict than would seem possible, judging by the progress over the last forty years (or eighty years). And yet, good people on many sides of this conflict hope and expect that within their lifetimes, they will see the recognition of two states that can live with each other in peace. So, one might ask, given how entrenched the conflict is and the extent of the work necessary to bring about peace, why focus on the day after …


Tax Planning For Retirement, Vada Waters Lindsey Jan 2006

Tax Planning For Retirement, Vada Waters Lindsey

Faculty Publications

As increasing life expectancy and inflation diminish the purchasing power of retirement savings, careful tax planning to maximize funds available to seniors is necessary. Lindsey discusses the taxation of various types of retirement income including traditional and Roth IRAs and Social Security benefits, and explains how careful planning can reduce income and estate taxes. The disparate effects of state income and estate taxes are also explored.


One Judge's Journey, Janine P. Geske Jan 2006

One Judge's Journey, Janine P. Geske

Faculty Publications

No abstract provided.


The Duty To Avoid Disparity: Implementing 18 U.S.C. § 3553(A)(6) After Booker, Michael M. O'Hear Jan 2006

The Duty To Avoid Disparity: Implementing 18 U.S.C. § 3553(A)(6) After Booker, Michael M. O'Hear

Faculty Publications

Since passage of the Sentence Reform Act of 1984 ("SRA"), 18 U.S.C. Section 3553(a)(6) has required sentencing judges in federal court to consider "the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct." At the same time, the SRA also required judges to adhere in most cases to the Federal Sentencing Guidelines, leaving (a)(6) with little independent significance. In January 2005, however, the Supreme Court ruled in United States v. Booker that the Guidelines could no longer be treated as mandatory. Since then, numerous sentencing judges have invoked (a)(6) in …


Not Quite A World Without Trials: Why International Dispute Resolution Is Increasingly Judicialized, Andrea Kupfer Schneider Jan 2006

Not Quite A World Without Trials: Why International Dispute Resolution Is Increasingly Judicialized, Andrea Kupfer Schneider

Faculty Publications

Many scholars have made the argument that the trial is disappearing from use in the American legal system. In response to Marc Galanter's piece, A World without Trials?, this Essay argues that, in fact, the rest of the world is moving toward trials for a host of international legal disputes. What can explain this divergence? The development of ADR in the U.S. met a number of needs including saving time and money, alleviating docket overload, and giving individuals more involvement in the legal process. In the international realm, however, these needs were quite different. The judicialization of international disputes has …


Toward An Accountability-Based Definition Of Mercenary, Ryan M. Scoville Jan 2006

Toward An Accountability-Based Definition Of Mercenary, Ryan M. Scoville

Faculty Publications

Mercenary violence is an increasingly serious threat to international security. From a legal perspective, the development of this threat is problematic because the international treaties that regulate "mercenaries" operate on a flawed definition of the concept. Even the most recent definition neither accounts for changes in global security over the past decade nor reflects the fundamental problem with mercenaries - the fact that they are not state-accountable actors. These deficiencies have contributed to the spread of mercenary activity by complicating treaty enforcement and undermining state support for the current law. This Note therefore proposes a new definition of "mercenary." The …


Ethics, Evidence, And The Modern Adversary Trial, Daniel D. Blinka Jan 2006

Ethics, Evidence, And The Modern Adversary Trial, Daniel D. Blinka

Faculty Publications

No abstract provided.


Who Is An "Original Source" Under The False Claims Act?, Jay E. Grenig Jan 2006

Who Is An "Original Source" Under The False Claims Act?, Jay E. Grenig

Faculty Publications

No abstract provided.


When Does The Emergency Aid Exception Permit An Officer's Warrantless Entry Of A Home?, Jay E. Grenig Jan 2006

When Does The Emergency Aid Exception Permit An Officer's Warrantless Entry Of A Home?, Jay E. Grenig

Faculty Publications

No abstract provided.


Are Courts Authorized By The Individuals With Disabilities Act To Award Expert Fees To Prevailing Parents?, Jay E. Grenig Jan 2006

Are Courts Authorized By The Individuals With Disabilities Act To Award Expert Fees To Prevailing Parents?, Jay E. Grenig

Faculty Publications

No abstract provided.


The (Neglected) Importance Of Being Lawrence: The Constitutionalization Of Public Employee Rights To Decisional Non-Interference In Private Affairs, Paul M. Secunda Jan 2006

The (Neglected) Importance Of Being Lawrence: The Constitutionalization Of Public Employee Rights To Decisional Non-Interference In Private Affairs, Paul M. Secunda

Faculty Publications

This paper argues that whatever debates continue to stew regarding the true meaning of Lawrence v. Texas, at the very least, Lawrence represents the recognition of an individual's heightened interest in decisional non-interference in private affairs. This is an important constitutional development since a problem under the doctrine of unconstitutional conditions only arises when the government offers a benefit, like government employment, conditioned on the waiver of a preferred constitutional right. Thus, a government employer, post-Lawrence, should be prohibited, under the doctrine of unconstitutional conditions, from firing a government employee who exercises her rights to decisional non-interference in private affairs. …


Of Gardens And Streets: A Differentiated Model Of Property In International And National Space Law, Kali Murray Jan 2006

Of Gardens And Streets: A Differentiated Model Of Property In International And National Space Law, Kali Murray

Faculty Publications

No abstract provided.


Remedying Judicial Inactivism: Opinions As Informational Regulation, Chad M. Oldfather Jan 2006

Remedying Judicial Inactivism: Opinions As Informational Regulation, Chad M. Oldfather

Faculty Publications

This article continues the exploration of what I have termed "judicial inactivism" - the possibility that judges might sometimes fail to perform the minimum requirements of their role. That task, of course, requires consideration of what those minimum requirements might be. To what extent, for example, are courts subject to a duty to adjudicate not merely the cases before them in a broad sense, but also to resolve the precise claims and arguments that the parties put before them on the terms that the parties have done so?

The article first draws on my prior work to outline some of …


May A Private Party Sue In Federal Court To Enforce An Fcc Regulation?, James B. Speta, Joseph D. Kearney Jan 2006

May A Private Party Sue In Federal Court To Enforce An Fcc Regulation?, James B. Speta, Joseph D. Kearney

Faculty Publications

No abstract provided.


Hate Crime Law And The Limits Of Inculpation, Janine Young Kim Jan 2006

Hate Crime Law And The Limits Of Inculpation, Janine Young Kim

Faculty Publications

Critics sometimes maintain that hate crime law punishes an offender for her motive and character and is therefore doctrinally and morally illegitimate. This manuscript explores the concept of culpability to examine this challenge, and argues that critics inaccurately assume that our criminal law conditions culpability on a robust understanding of choice. This inaccuracy significantly undermines the doctrinal critique against hate crime law, which in fact appears to be consistent with many other laws that consider motive and character as relevant factors in determining degree of guilt and proportionate punishment. Notwithstanding the apparent doctrinal validity of hate crime law, the author …


Urban Runoff, Its Consequences, And The Problems Of Regulation, Matthew J. Parlow Jan 2006

Urban Runoff, Its Consequences, And The Problems Of Regulation, Matthew J. Parlow

Faculty Publications

No abstract provided.


The "Theatre Of Dreams"? - Manchester United Fc, Globalization, And International Sports Law, Ola Olatawura Jan 2006

The "Theatre Of Dreams"? - Manchester United Fc, Globalization, And International Sports Law, Ola Olatawura

Marquette Sports Law Review

No abstract provided.


Table Of Contents Jan 2006

Table Of Contents

Marquette Sports Law Review

No abstract provided.


Affirmative Injunctions In Athletic Employment Contracts: Rethinking The Place Of The Lumley Rule In American Sports Law, Geoffrey Christopher Rapp Jan 2006

Affirmative Injunctions In Athletic Employment Contracts: Rethinking The Place Of The Lumley Rule In American Sports Law, Geoffrey Christopher Rapp

Marquette Sports Law Review

No abstract provided.


An Overview Of Non-Analytical Positive & Circumstantial Evidence Cases In Sports, Richard H. Mclaren Jan 2006

An Overview Of Non-Analytical Positive & Circumstantial Evidence Cases In Sports, Richard H. Mclaren

Marquette Sports Law Review

No abstract provided.


Antitrust And Inefficient Joint Ventures: Why Sports Leagues Should Look More Like Mcdonald's And Less Like The United Nations, Stephen F. Ross, Stefan Szymanski Jan 2006

Antitrust And Inefficient Joint Ventures: Why Sports Leagues Should Look More Like Mcdonald's And Less Like The United Nations, Stephen F. Ross, Stefan Szymanski

Marquette Sports Law Review

No abstract provided.


Baseball Bats In The High Tech Era: A Products Liability Look At New Technology, Aluminum Bats, And Manufacturer Liability, Matthew R. Wilmot Jan 2006

Baseball Bats In The High Tech Era: A Products Liability Look At New Technology, Aluminum Bats, And Manufacturer Liability, Matthew R. Wilmot

Marquette Sports Law Review

No abstract provided.


What Athletic Departments Must Know About Title Ix And Sexual Harassment, Holly Hogan Jan 2006

What Athletic Departments Must Know About Title Ix And Sexual Harassment, Holly Hogan

Marquette Sports Law Review

No abstract provided.


Winning At All Costs: An Analysis Of A University's Potential Liability For Sexual Assualts Committed By Its Student Athletes , Jenni E. Spies Jan 2006

Winning At All Costs: An Analysis Of A University's Potential Liability For Sexual Assualts Committed By Its Student Athletes , Jenni E. Spies

Marquette Sports Law Review

No abstract provided.


2005 Annual Survey: Recent Developments In Sports Law, Susan K. Menge Jan 2006

2005 Annual Survey: Recent Developments In Sports Law, Susan K. Menge

Marquette Sports Law Review

No abstract provided.


Foreword: National Sports Law Institute Board Of Advisors , Matthew J. Mitten, Paul M. Anderson Jan 2006

Foreword: National Sports Law Institute Board Of Advisors , Matthew J. Mitten, Paul M. Anderson

Marquette Sports Law Review

No abstract provided.


In Memoriam: Charles W. Mentkowski Jan 2006

In Memoriam: Charles W. Mentkowski

Marquette Sports Law Review

No abstract provided.


Did Major League Baseball Balk? Why Didn't Mlb Bargain To Impasse And Impose Stricter Testing For Performance Enhancing Substances? , Michael J. Cramer, James W. Swiatko Jr. Jan 2006

Did Major League Baseball Balk? Why Didn't Mlb Bargain To Impasse And Impose Stricter Testing For Performance Enhancing Substances? , Michael J. Cramer, James W. Swiatko Jr.

Marquette Sports Law Review

No abstract provided.