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Articles 1 - 21 of 21
Full-Text Articles in Law
Are The Green Bay Packers Socialists?, Matthew J. Parlow, Anne-Louise Mittal
Are The Green Bay Packers Socialists?, Matthew J. Parlow, Anne-Louise Mittal
Matthew Parlow
The Green Bay Packers are an oft-misunderstood organization — not in the decisions that the Packers make, but in their legal status and structure. Scholars, commentators, and even the general public refer to the Packers as “community-owned.” While this characterization is true — to a degree — the specifics of this unique ownership structure in professional sports have never been comprehensively documented and analyzed. Perhaps this is the reason that some political pundits have termed the Packers “socialists.” However, such commentators also seem to not fully appreciate the historical development, and contemporary understanding, of this social, economic, and political ideology. …
The Nba And The Great Recession: Implications For The Upcoming Collective Bargaining Agreement Renegotiation, Matthew J. Parlow
The Nba And The Great Recession: Implications For The Upcoming Collective Bargaining Agreement Renegotiation, Matthew J. Parlow
Matthew Parlow
Like most businesses, the National Basketball Association (NBA) has suffered significant negative impacts from the Great Recession. The league's drop in revenue exposed distinct flaws in the NBA's current business model and in the terms of employment for NBA players. Due to the precarious economic state of the NBA, the league anticipates a contentious, but necessary, renegotiation of the NBA's collective bargaining agreement (CBA), which will expire at the end of the 2010-11 season. This article will analyze the effects of the Great Recession on the NBA and the likely implications for the renegotiation of the CBA. Part II of …
Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow
Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow
Matthew Parlow
By most accounts, the National Basketball Players Association (NBPA) — the union representing the players in the NBA — conceded a significant amount of money and other contractual terms in the new ten-year collective bargaining agreement (2011 Agreement) that ended the 2011 NBA lockout. Player concessions were predictable because the NBA’s economic structure desperately needed an overhaul. The magnitude of such concessions, however, was startling. The substantial changes in the division of basketball-related income, contract lengths and amounts, salary cap provisions, and revenue sharing rendered the NBA lockout — and the resulting 2011 Agreement — a near-complete victory for the …
The Potential Unintended Consequences Of The O'Bannon Decision, Matthew J. Parlow
The Potential Unintended Consequences Of The O'Bannon Decision, Matthew J. Parlow
Matthew Parlow
The O’Bannon decision made a significant change to one of the philosophical pillars of intercollegiate athletics in allowing for greater compensation for student athletes. At the same time, the court took only an incremental step in the direction of pay for college athletes: The decision was limited to football and men’s basketball players — as opposed to non-revenue-generating sports — and it set a yearly cap of $5,000 for each of these athletes. However, the court left open the possibility for — indeed, it almost seemed to invite — future challenges to the National Collegiate Athletic Association’s restrictions on student-athlete …
Whither Workforce Housing?, Matthew J. Parlow
Whither Workforce Housing?, Matthew J. Parlow
Matthew Parlow
The last forty years have marked a dynamic era in affordable housing. During this time, affordable housing shifted from being largely government-owned to privately-owned, though certainly supported by government efforts.This evolution thus marked a distinct switch from a supply-side approach to a demand-side approach to affordable housing. As states and localities adapted to this paradigm shift, some high-priced metropolitan regions discovered that their housing markets were squeezing out middle-income service workers, such as police officers and teachers. In response, many localities - and some states - adopted various laws and policies to spur the creation of workforce housing: that is, …
Issues Players Face With The Collective Bargaining Process, Matthew J. Parlow
Issues Players Face With The Collective Bargaining Process, Matthew J. Parlow
Matthew Parlow
This presentation was originally delivered at the DePaul Journal of Sports Law & Contemporary Problems 2012 Symposium.
Equitable Fiscal Regionalism, Matthew J. Parlow
Equitable Fiscal Regionalism, Matthew J. Parlow
Matthew Parlow
Due to suburbanization and white flight, metropolitan regions suffer from great fiscal inequality. Wealthier, and oftentimes white, suburbs are able to keep their tax burdens low and receive high quality government services. In contrast, central cities, with many poorer and ethnic minority communities, face eroding tax bases and increased demand for social services. In response to this fiscal dilemma, central cities spend money to construct and operate assets, such as a sports stadium or music hall, in the hopes of spurring economic development that can create job opportunities for residents and increased tax revenues for the city. While such assets …
The Great Recession And Its Implications For Community Policing, Matthew J. Parlow
The Great Recession And Its Implications For Community Policing, Matthew J. Parlow
Matthew Parlow
During the last twenty years, community policing has been the dominant approach to local law enforcement. Community policing is based, in part, on the broken windows theory of public safety. The broken windows theory suggests a link between low-level crime and violent crime — that is, if minor offenses are allowed to pervade a community, they will lead to a proliferation of crime and, ultimately, a community plagued by violent crime. To maintain a perception of community orderliness, many local governments adopted “order maintenance” laws — such as panhandling ordinances and anti-homeless statutes. This emphasis on cracking down on such …
Revolutions In Local Democracy? Neighborhood Councils And Broadening Inclusions In The Local Political Process, Matthew J. Parlow
Revolutions In Local Democracy? Neighborhood Councils And Broadening Inclusions In The Local Political Process, Matthew J. Parlow
Matthew Parlow
Political marginalization of minorities and government corruption are two key factors that have led to the overwhelming decline and decay of America’s major cities. Local governments must combat the historical entrenchment of these two evils in order to reverse the trend toward demise. Neighborhood councils may be the best structural changes to local government because they provide more meaningful opportunities for political engagement of minority groups, while also serving as an antidote to systemic corruption in local government. This Essay analyzes the problems plaguing local government in urban cities and explores how neighborhood councils may be able to help address …
Professional Sports League Commissioners' Authority And Collective Bargaining, Matthew J. Parlow
Professional Sports League Commissioners' Authority And Collective Bargaining, Matthew J. Parlow
Matthew Parlow
With the National Basketball Association (NBA) and National Football League (NFL) collective bargaining agreements set to expire within the next two years, many experts are already predicting what changes may be made to both leagues’ governing labor documents. One likely point of contention between the owners and the players’ unions — though rarely discussed in the experts’ predictive discourse — is the power of the respective league commissioners to punish or discipline wayward players for misbehavior committed off of the court or field. This article will analyze this area of sports law by exploring this power of each league’s sports …
Off-Court Misbehavior: Sports Leagues And Private Punishment, Matthew J. Parlow, Janine Young Kim
Off-Court Misbehavior: Sports Leagues And Private Punishment, Matthew J. Parlow, Janine Young Kim
Matthew Parlow
This article examines how professional sports leagues address (apparently increasing) criminal activity by players off of the field or court. It analyzes the power of professional sports leagues and, in particular, the commissioners of those leagues, to discipline wayward athletes. Such discipline is often met with great controversy - from players’ unions and commentators alike - especially when a commissioner invokes the “in the best interest of the sport” clause of the professional sports league’s constitution and bylaws. The article then contextualizes such league discipline in criminal punishment theory - juxtaposing punishment norms in public law with incentives and rationales …
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophony Of Concurrences, And Re-Percolation After Rapanos, Matthew J. Parlow, Donald J. Kochan
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophony Of Concurrences, And Re-Percolation After Rapanos, Matthew J. Parlow, Donald J. Kochan
Matthew Parlow
Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the vagueness or uncertainty that leaves us wondering what the controlling rule is or attempting to predict what it will evolve to become. The rule of law is at least handicapped when continuity or confidence or confusion infuse our understanding of the applicable rules. This Article uses the recent U.S. Supreme Court decision in Rapanos v. United States to …
Civic Republicanism, Public Choice Theory, And Neighborhood Councils: A New Model For Civic Engagement, Matthew J. Parlow
Civic Republicanism, Public Choice Theory, And Neighborhood Councils: A New Model For Civic Engagement, Matthew J. Parlow
Matthew Parlow
This paper analyzes the lack of civic engagement in local government decision-making and the problems that result from it. I consider one explanation as viewed through public choice theory: dominant special interest groups capture local governments for their own private interests. Thus, average citizens are not only alienated from their local government, but they also find the barriers to entry into local politics too high for collective action and participation. While at first glance this account seems descriptively accurate, public choice theory has normative limitations in explaining local governments because it fails to recognize these features of the local politics …
Progressive Policy-Making On The Local Level: Rethinking Traditional Notions Of Federalism, Matthew J. Parlow
Progressive Policy-Making On The Local Level: Rethinking Traditional Notions Of Federalism, Matthew J. Parlow
Matthew Parlow
Due, in part, to Justice Brandeis' famous dissent, many have presumed that the states are the most fertile ground for policy innovation. However, with their transformation from smaller urban and rural centers to major metropolitan regions, local governments may prove even more fruitful agents of social change and laboratories for policy experimentation. Indeed, local governments are critical components of our federal system and embody the values of federalism both in theory and practice. Local governments have trailblazed in legal and policy arenas where the federal and state governments could not (or would not) engage: gay rights and gay marriage, campaign …
Greenwashed?: Developers, Environmental Consciousness, And The Case Of Playa Vista, Matthew J. Parlow
Greenwashed?: Developers, Environmental Consciousness, And The Case Of Playa Vista, Matthew J. Parlow
Matthew Parlow
While many businesses are becoming greener, development corporations may have the greatest incentive to integrate environmental values into their everyday business practices. With the effects of urbanization, suburbanization, and sprawl, cities are increasingly requiring environmental mitigation measures for approval of new development. In response, some development corporations may become greenwashed to obtain discretionary land use approvals to build their proposed developments. Others may build greener developments to meet the market demand from environmentally conscious buyers. An increasing number of developers, however, adopt environmentally responsible business practices for, at least in significant part, altruistic reasons. A prime example of this phenomenon …
A Localist's Case For Decentralizing Immigration Policy, Matthew J. Parlow
A Localist's Case For Decentralizing Immigration Policy, Matthew J. Parlow
Matthew Parlow
In the past year, local governments have made a foray into the hotly debated arena of immigration law and policy by adopting laws to address illegal immigration in their respective jurisdictions. Courts have struck down many of these laws on the grounds that they are preempted pursuant to a traditional view of federalism. From a localist perspective, however, this is troubling for two reasons. First, traditional federalism fails to recognize local control and autonomy by insisting on treating local governments as mere arms of the state. Instead of the traditional two-tier, federal-state federalism model, localists favor a more modern view …
Urban Runoff, Its Consequences, And The Problems Of Regulation, Matthew J. Parlow
Urban Runoff, Its Consequences, And The Problems Of Regulation, Matthew J. Parlow
Matthew Parlow
This introduction was part of the Chapman Law Review’s symposium entitled “The Slippery Slope: Urban Runoff, Water Quality, and the Issue of Legal Authority.”
Unintended Consequences: Eminent Domain And Affordable Housing, Matthew J. Parlow
Unintended Consequences: Eminent Domain And Affordable Housing, Matthew J. Parlow
Matthew Parlow
The continuing controversy regarding Kelo v. City of New London demonstrates that there are a number of problems and tensions associated with eminent domain that entice scholars. This article addresses one such problem: the singular link between eminent domain and affordable housing. Though rarely discussed, this link reveals a long history of cities' use of their eminent domain power to advance development projects that rarely include affordable housing. Moreover, when cities condemn property through eminent domain to further new development projects, they often do so in a manner that undermines many of the goals of building more affordable housing. As …
Publicly Financed Sports Facilities: Are They Economically Justifiable? A Case Study Of The Los Angeles Staples Center, Matthew J. Parlow
Publicly Financed Sports Facilities: Are They Economically Justifiable? A Case Study Of The Los Angeles Staples Center, Matthew J. Parlow
Matthew Parlow
The last twenty years have seen an unprecedented growth in the number of new sports facilities for professional sports teams. This incidence has been matched by an equally extraordinary trend of state and local governments providing public financing to help build such facilities. This article analyzes this burgeoning area of urban economic redevelopment and attempts to answer the controversial question of whether the public financing of new sports facilities is economically justifiable. The article dissects the real estate and financial deals between state and local governments and the professional sports teams and developers, and critiques the alleged benefits that advocates …
Richard Riordan And Los Angeles Charter Reform.Pdf, Matthew J. Parlow
Richard Riordan And Los Angeles Charter Reform.Pdf, Matthew J. Parlow
Matthew Parlow
When the new City Charter took effect on July 1, 2000, Los Angeles cast aside a seventy-five year old governing structure in favor of a streamlined system more reflective of the political realities of a twenty-first century metropolis. It was in many ways a typical Los Angeles moment. Dissatisfied with a municipal institution designed for another age, voters looked to the future and embraced sweeping changes in the fundamental operations of the city. Fully sixty percent of voters rejected a venerable but outdated document and chose a new but unproven one. More importantly, voters opted for legislation that reflected the …
Revisiting Gay Rights Coalition Of Georgetown Law Center V. Georgetown University A Decade Later: Free Exercise Challenges And The Nondiscrimination Laws Protecting Homosexuals, Matthew J. Parlow
Matthew Parlow
Using the controversial 1987 case between Georgetown University and a gay and lesbian student organization as a backdrop, this article analyzes the free exercise rights of religiously-affiliated colleges and universities and their ability to discriminate against gay and lesbian student groups. The article tracks the jurisprudential development of free exercise challenges and details why current United States Supreme Court precedent provides little protection for such colleges and universities. Given the weakened state of free exercise rights, this article examines what rights and protections, if any, gays and lesbians have under the Fourteenth Amendment's Equal Protection Clause and local and state …