Law Commons^™

Baseball's Exemption From Section One Of The Sherman Antitrust Act Applies To The National League's Decision To Deny The Sale And Transfer Of A Franchise, William D. Georges

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

The Fair Use Doctrine And Campbell V. Acuff-Rose: Copyright Waters Remain Muddy, Melissa M. Francis

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

A History And Analysis Of Baseball's Three Antitrust Exemptions, Joseph J. Mcmahon Jr.

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Regulation Of The Video Marketplace: Access Duties Under The Video Dialtone Order & (And) The Cable Television Consumer Protection And Competition Act Of 1992, Robert K. Hahm

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

The Developing Role Of Non-Governmental Organizations In Global Policy And Law Making, Charlotte Ku

Faculty Scholarship

The history of international relations in the twentieth century may appear principally to be the story of the state.

At the same time, the history of international relations in the twentieth century is also one of international organizations as a means to support and strengthen the state's ability to discharge its primary functions of promoting order in the international system and ensuring the security of its own citizens.

An even more aggressive approach to meeting the needs of states is through aid programs like the UN Development Program.

These international organizations were created by governments, usually by treaty, to address …

C & A Carbone V. Clarkstown: A Wake-Up Call For The Dormant Commerce Clause, Rachel D. Baker

Duke Environmental Law & Policy Forum

Introduction Garbage collection, transportation, and disposal have historically been the responsibility of individual towns and cities in the United States. 1 However, stringent environmental regulations, declining landfill capacity, and the implementation of costly source reduction and recycling programs have greatly increased the costs of waste management borne by towns. 2 For the past two decades, many local governments have relied on "flow control" ordinances to finance their solid waste management activities. 3 These ordinances designate where municipal solid waste generated within the community must be managed, stored, or disposed. 4 Recently, in C & A Carbone, Inc. v. Town of …

Commentary: Policy Implications, Geoffrey C. Hazard Jr.

Journal of Law and Health

It is clear to me that members of the legal profession are obliged to take these findings seriously. I shall suggest below a few reservations about the analysis. Nevertheless, the important findings are established by empirical evidence so powerful that they can be ignored only through a wish not to believe. If the findings are accepted as a description of reality, the challenge is to work out sensible courses of action in response. The challenge is formidable.

The Lack Of Protection Afforded Software Under The Current Intellectual Property Laws, Himanshu S. Amin

Cleveland State Law Review

Many abstract advances in computer technology remain unprotected since the current intellectual property system has been shaped through a focus on tangible, physical inventions. The software industry in the United States "accounts for domestic revenues of over fifty billion dollars each year in worldwide sales and services." Accordingly, it is imperative that United States software developers be provided adequate intellectual property coverage in order to protect existing technology and encourage further innovation in the field. The present lack of adequate protection has handicapped American developers unnecessarily in the global software market.

An Application Of Federal Rule Of Civil Procedure 26(A)(1) To Section 1983 Actions: Does Rule 26(A)(1) Violate The Rules Enabling Act, Shilpa Shah

Cleveland State Law Review

The purpose of this note is to generally explain the problems associated with Rule 26(a)(1), and to specifically examine whether it violates the Rules Enabling Act's prohibition on affecting substantive rights. To illustrate the problem with applying Rule 26(a)(1) to all cases, the note will examine mandatory disclosure as it applies to civil rights cases brought under 42 U.S.C. § 1983. The note concludes that Rule 26(a)(1) infringes on substantive rights in violation of the Rules Enabling Act; however, instead of invalidating the mandatory disclosure rule entirely, federal courts should not apply Rule 26(a)(1) to cases brought under § 1983 …

Lawyers, Learning, And Professionalism: Meditations On A Theme, Judith Welch Wegner

Cleveland State Law Review

This essay will offer three meditations on the theme of "lawyers, learning and professionalism." First, it lays a foundation by arguing that a commitment to learning is an appropriate and necessary professional value for lawyers. Next, it contends that lawyers need to take this professional value more seriously. It will suggest that lawyers lag behind other professions in learning about learning, and urge more lawyers deliberately do just that. Finally, the essay shares some important lessons about professionalism recently learned through learning experiments with practicing lawyers and law students.

A Doctor's Duty To Disclose Life Expectancy Information To Terminally Ill Patients, Denise Ann Dickerson

Cleveland State Law Review

It is the purpose of this Note to review and evaluate the benefits to making full disclosure to a terminally ill patient. It is this author's position that a patient's well-being and dignity dictate that the physician be forthright with all information regarding a patient's diagnosis and the range of treatments available, including both active and passive treatments.

Opening The Courthouse Doors: Allowing A Cause Of Action To Arise Directly From A Violation Of The Ohio Constitution, David M. Gareau

Cleveland State Law Review

This note will explain why Ohio's Constitution should be looked to as the source of meaningful remedy when its provisions are violated. I will demonstrate that a cause of action grounded upon a violation of the Ohio Constitution is not only meaningful, but necessary to the notion of constitutional rights. Section two will briefly discuss the necessity of allowing a cause of action to arise from a violation of the Ohio Constitution. In particular, I will discuss the independence of the Ohio Constitution; the federal courts' increasing hostility toward the vindication of federal constitutional rights; and the benefit of allowing …

The Ohio Supreme Court Sets The Statute Of Limitations And Adopts The Discovery Rule For Childhood Sexual Abuse Actions: Now It Is Time For Legislative Action, R. Christopher Yingling

Cleveland State Law Review

This Note discusses the issue of childhood sexual abuse and challenges the appropriateness of Ohio's current statute of limitations for prosecuting a civil claim of childhood sexual abuse. Part II of this Note describes the problem of child sexual abuse in our society. Part III examines the short-and long-term effects of childhood sexual abuse, particularly memory repression. Part IV reviews the theory of recovered memories and the associated problems with reliability. Part V addresses Ohio's governing statute of limitations for civil claims of childhood sexual abuse. Part VI reviews the history of the discovery rule in Ohio and its application …

Negligent Hiv Testing And False-Positive Plaintiffs: Pardoning The Traditional Prerequisites For Emotional Distress Recovery, Nicholas M. Coquillard

Cleveland State Law Review

This Note focuses upon the unique circumstances surrounding false-positive plaintiffs' claims. Part II examines the recent surge of litigation resulting from false-positive test results. The discussion begins by analyzing HIV antibody testing and procedure and concludes by noting that negligent testing is the prevailing factor in faulty diagnosis. Part III explores negligent infliction of emotional distress as a cause of action for false-positive plaintiffs. This section begins by tracing the historical development of the law on negligent infliction of emotional distress. The discussion focuses on both the development and abandonment of the traditional limitations placed upon emotional distress recovery. Part …

Epa's Problematic Enforcement Policy For The Rlra Section 3004(J) Storage Prohibition As Applied To Mixed Wastes: Edison Electric Institute V. Epa, George A. Voegele Jr.

Villanova Environmental Law Journal

No abstract provided.

Pennsylvania's Storage Tank Act: Statute, Regulations And Guidances, Wm. Stanley Sneath

Villanova Environmental Law Journal

No abstract provided.

The Lawyer's Dirty Hands, Leslie C. Griffin

Scholarly Works

No abstract provided.

Fictions, Fault, And Forgiveness: Jury Nullification In A New Context, David N. Dorfman

Elisabeth Haub School of Law Faculty Publications

Recently, critics of the Anglo-American jury system have complained that juries in criminal trials have been ignoring the law, in favor of defendants who claim that they lack criminal responsibility because they are afflicted by the various victimization syndromes now popularized in the mass media. In this Article, Professors Dorfman and Iijima counter this characterization of the "runaway" jury and argue that juries are not ignoring the law, but rather, are exercising a primary power of the jury, to nullify the application of the law when such application to a particular defendant is unjust. The Authors trace the development of …

Whose Rules Of Professional Conduct Should Govern Lawyers In Federal Court And How Should The Rules Be Created , Bruce A. Green

Faculty Scholarship

At present, the rules of professional conduct applied in federal judicial proceedings vary from district to district. In reaction to this problem, the Judicial Conference of the United States is studying the question of whether a uniform set of rules of professional conduct should apply in federal judicial proceedings and, if so, what the nature of the rules should be and how they should be developed. The principal proposals under consideration are the adoption of a uniform set of federal rules based on the American Bar Association Model Rules of Professional Conduct or the adoption of a requirement that each …

When Is Time Brokerage A Transfer Of Control? The Fcc's Regulation Of Local Marketing Agreements And The Need For Rulemaking, Michael Lewyn

Scholarly Works

No abstract provided.

Abuse Of Rights: A Pervasive Legal Concept, Joseph Perillo

Faculty Scholarship

No abstract provided.

Admiralty Law Of Arthur Browne, Joseph Sweeney

Faculty Scholarship

No abstract provided.

U.S. And Mexican Regulation Of Methyl Bromide: Comparing Pesticide Regulations After Nafta, Kyle W. Lathrop, Cindy K. Bushur-Hallam

Oklahoma Law Review

No abstract provided.

The Irs Plows New Ground In The Tax Treatment Of Land Cleanup Costs, Roy Whitehead, Pam Spikes, Brenda Yelvington

Oklahoma Law Review

No abstract provided.

In Memoriam: George B. Fraser, David Swank

Oklahoma Law Review

No abstract provided.

Front Pages

Oklahoma Law Review

No abstract provided.

Volume 48 1995

Oklahoma Law Review

No abstract provided.

War On The Common Law: The Struggle At The Center Of Products Liability, Carl T. Bogus

Missouri Law Review

Over its first two decades, products liability evolved from a system concerned only with manufacturing defects, e.g., MacPherson's Buick into one concerned also with design defects, e.g., the Ford Pinto, which was designed in a fashion that made the gas tank susceptible to exploding in minor collisions. Part I of this Article deals with the two paradigms that lie at the center of the struggle. Part II of the Article is devoted to generic liability. Part III discusses important jurisprudential questions raised by the debate, namely: What are the respective roles of the courts, the legislature, and administrative agencies?

Teaching The Children Appropriately: Publicly Financed Private Education Under The Individuals With Disabilities Education Act, Timothy M. Huskey

Missouri Law Review

The issue of educating the child with disabilities is a relatively new one in the scope of civil rights law. First addressed by Congress in 1975, the rights of the disabled child to a free and appropriate education are just now being defined with some particularity. This Note addresses one of the most important aspects of the right to a public education: Who will foot the bill?

After-Acquired Evidence: Tonic For An Employer's Cognitive Dissonance, Kenneth A. Sprang

Missouri Law Review

During the last thirty years, there have been dramatic changes in the law governing job security of employees in the workplace, particularly with regard to employment discrimination. Federal law now protects employees from workplace discrimination based upon sex," race, religion, color, national origin," age, and handicap or disability. The latest in the arsenal of defense weapons developed by employers is the "after-acquired evidence doctrine." This affirmative defense, which was first announced by the Tenth Circuit in 1988, allows an employer who has acted adversely toward an employee for an unlawful discriminatory reason to avoid liability as a matter of law, …