Law Commons^™

The Blaine Debate: Must States Fund Religious Schools, Laura S. Underkuffler

First Amendment Law Review

No abstract provided.

Blaming Blaine: Understanding The Blaine Amendment And The No-Funding Principle, Steven K. Green

First Amendment Law Review

No abstract provided.

Blaine Amendments, Anti-Catholicism And Catholic Dogma, Marc D. Stern

First Amendment Law Review

No abstract provided.

Reconstructing The Blaine Amendments, Frederick Mark Gedicks

First Amendment Law Review

No abstract provided.

The Political Economy Of International Antitrust Harmonization, John O. Mcginnis

William & Mary Law Review

No abstract provided.

The Doctrine Of Judicial Estoppel, Steve R. Johnson

Scholarly Publications

The doctrine of judicial estoppel is not on some lawyers’ radar screens. That’s regrettable. Not anticipating application of the rule, a person may make a claim that can hurt him or her in the long run. Or, unaware of the rule, a party may fail to assert a potentially successful defense. Or, having only a very general awareness of the rule, an attorney may miss subtleties or forum variations that are the difference between winning and losing.

This article has three parts. Part I describes the doctrine of judicial estoppel, emphasizing its purposes. Part II explores the recent judicial estoppel …

An Islamic Perspective On Domestic Violence, Azizah Y. Al-Hibri

Law Faculty Publications

In this Article, the author addresses the traditional Islamic view of domestic violence. To understand the Islamic perspective on domestic violence, the author will explore the Islamic view of gender relations, especially within the family. This view is rooted in the Qur'an, which is examined in this Article.

Defining Religion, James M. Donovan

James M. Donovan

The charge of this essay was to review definitional trends of "religion." Four major types were discussed: content, behavior, mental, and functional. While each type has considerations that suggest its relevance, all are incomplete when examined in isolation. Consequently, two approaches combining these types were briefly discussed: conjunctive and generative. Judging the former inferior to the latter, it was suggested that only the functional definitions are capable of being truly generative. The most inclusive definition of religion, therefore, will be one that is generative functional. Clues as to what such a definition might look like are found first in the …

Editor's Note, Carl W. Butler

Federal Communications Law Journal

No abstract provided.

Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar

Federal Communications Law Journal

Last year, the State of Wisconsin passed legislation which would require statechartered public broadcasting television networks to carry political advertising for candidates free of charge. In this article, Andrew Cotlar raises many concerns about the wisdom of such legislation and the impact this trend may have on public broadcasters throughout the nation. The author begins by analyzing the current position of the law on political access requirements, at both federal and state levels, and then argues that the public television stations should continue to be free to exercise substantial editorial discretion. The Article proceeds to critique the Wisconsin statute as …

Telric Vs. Universal Service: A Takings Violation?, Stuart Buck

Federal Communications Law Journal

While the Telecommunications Act of 1996 has had a profound positive impact on many sectors of the communications industry in the United States, local phone companies have recently faced a serious dilemma under a provision of the Act known as TELRIC. In this article, Stuart Buck presents a current analysis of the position of the telephone company and its struggle to meet costs under the TELRIC structure. The author argues that by forcing regional phone operators to grant wholesale pricing to competitors under TELRIC, while simultaneously maintaining Universal Service requirements of reduced-rate phone access to remote customers, the local phone …

Comparative Analysis Of Telecommunications Regulations: Pitfalls And Opportunities, Mary Newcomer Williams

Federal Communications Law Journal

Book Review: Controlling Market Power in Telecommunications: Antitrust vs. Sector-specific Regulation by Damien Geradin and Michel Kerf.

In this 2003 publication, the authors comprehensively review and analyze the telecommunications regulatory structure of five nations that have achieved some success in promoting competition in telecommunications markets. The authors engage in this analysis in order to evaluate the use of telecommunications sector-specific regulation versus more general, economywide antitrust regulation to accomplish specific goals related to promoting competition and efficiency in the provision of telecommunications services. This review describes the authors’ analysis and highlights its strengths and limitations. It also offers a few …

Masthead Vol.56 No.1 (2003)

Federal Communications Law Journal

No abstract provided.

The Role Of Efficiencies In Telecommunications Merger Review, Calvin S. Goldman Q.C., Ilene Knable Gotts, Michael E. Piaskoski

Federal Communications Law Journal

As a result of the recent telecommunications industry slowdown and the rise of globally integrated communications networks, mergers and acquisitions have become a commonplace occurrence throughout the developed world. In this article, Calvin Goldman, Michael Piaskoski and Ilene Gotts review recent merger and acquisition activity and discuss how the decisions to allow or deny “M&A” are viewed by regulatory agencies in the United States, the European Union, and Canada. The first part of this article addresses these three parties’ approaches to M&A consideration and how the concept of “efficiencies” generated by consolidation enters those deliberations. The authors then explore the …

Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett

Federal Communications Law Journal

While many recent state-level efforts to regulate various aspects of the cellular phone industry have been abandoned in favor of federal regulations, other attempts by state regulators still exist. For this reason, Thomas Hazlett proposes that federal regulation is generally more appropriate than state-level action, due to the nature of the cellular industry. After a brief history of the industry, the author analyzes the pros and cons associated with state and federal regulation. The Article then proceeds to address the efficiencies created by national networks and proposes that the fragmentation of controlling regulatory power would reduce these efficiencies. Following a …

Vol. 2, No. 01 (December 2003)

Indiana Law Update

No abstract provided.

The Alaska Misconduct Involving Weapons Statutes: A History And Analysis, John D. Fred

Alaska Law Review

No abstract provided.

Alaska’S Dna Database: The Statute, Its Problems, And Proposed Solutions, Marika R. Athens, Alyssa A. Rower

Alaska Law Review

No abstract provided.

The 1998 Act And The Resources Link Between Tax Compliance And Tax Simplification, Steve R. Johnson

Scholarly Publications

Tax compliance sometimes is thought of as purely a matter of administration. But there are important connections between substance and procedure.' Both affect compliance. This article explores how simplification of the substantive tax law can improve compliance. The particular emphasis is on how simplification can liberate human and material resources for the IRS without which otherwise well conceived efforts to improve compliance are likely ultimately to fail.

Tiny Glimmer Of Hope For Student Athletes Affected By Suspicionless Drug Testing Policies Rests In The States, Ingrid E. Melnichuk

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Should The International Olympic Committee Be Policing Motherhood? Constitutional Implications Of Regulating Pregnancy And The Abortion-Doping Scheme Under Domestic Law, Lisa Jarvis

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

A Round "Peg" For A Round Hole: Advocating For The Town Of Oyster Bay's Public Access Channel Restrictions, Thomas Werner

Federal Communications Law Journal

New technological devices which allow consumers to skip commercials are driving corporations to engage in alternative advertising. The development of more “organic” methods of integrating products into the content of television programs makes those advertisements much more difficult to detect. As it becomes more difficult to divorce the product being sold from the content of the program, it also becomes more difficult to determine whether or not an advertisement actually exists. Without such blatant references, these programs would be likely candidates to appear on public access channels. This poses a severe threat to the service that those channels were intended …

Harm, History, And Counterfactuals, Stephen Perry

San Diego Law Review

In this Article I undertake a very preliminary inquiry into some aspects of the concept of harm. My excuse for doing so in a symposium on compensation is that, in private law and particularly in tort law, an award of damages is often intended to compensate for harm; if we do not know something about the nature of harm, we cannot fully understand the nature of at least this type of compensation.

Dramatic Decreases In Clarity: Using The Penn Central Analysis To Solve The Tahoe-Sierra Controversy, Dana Larkin

San Diego Law Review

This Comment discusses the issues and confusion regarding regulatory takings and the proper test for establishing a regulatory taking. The author starts by discussing the traditional ad hoc factors used to determine whether a taking had occurred. The author then discusses how these factors formed the basis of the three-factor test used in Penn Central Transportation Co. v. New York City. Next, the author explains the controversial area of temporary development moratoria and how this issue has been dealt with in the Lake Tahoe Basin of California . He suggests that the plaintiff's in Tahoe-Sierra Preservation Council, Inc. v. Tahoe …

Tax Advantages Of Sports Franchises: Part Ii - Estate Planning, John R. Dorocak

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

How Far Have We Come? A Look At The Olympic And Amateur Sports Act Of 1998, The United States Olympic Committee, And The Winter Olympic Games Of 2002, Noëlle K. Nish

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Contracts - Collective Bargaining - Federal District Court Improperly Dismissed All Claims By Professional Athlete When State Claims May Not Have Been Pre-Empted By The Labor Management Relations Act Due To Their Lack Of Dependence On The Collective Bargaining Agreement - Sprewell V. Golden State Warriors: National Basketball Association, 266 F.3d 979 (9th Cir. 2001), Reh'g En Banc Denied, 275 F.3d 1187 (9th Cir. 2001), John Kaplan

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Symposium: The Uniform Athlete Agents Act

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Fees For Extracurricular Activities Alienate Students Who Would Otherwise Participate And Should Be Replaced With Alternate Means Of Fundraising, Shannon M. Ryan

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.