Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2010

SelectedWorks

Discipline
Keyword
Publication
File Type

Articles 2071 - 2090 of 2090

Full-Text Articles in Law

Competition Rules And Sports Broadcasting Rights In Europe, Marios Papaloukas Jan 2010

Competition Rules And Sports Broadcasting Rights In Europe, Marios Papaloukas

Marios Papaloukas

Sports broadcasting is among the most popular of television programmes. The viewers watching such programmes are usually the ones with the highest purchase capacity, therefore the audience is of particular interest to publicists, as it is considered a very special audience not easily attracted by other programmes. As a result, the competition on publicity transmission during these programmes as well as on acquiring TV broadcasting rights to sports events is much higher. However Sports television broadcasting is of a very individual nature in comparison with the broadcast of other events. In addition to that it is a common practice that ...


Sports Betting And European Law, Marios Papaloukas Jan 2010

Sports Betting And European Law, Marios Papaloukas

Marios Papaloukas

As early as 1992 the European Court of Justice ruled that the principle of proportionality will apply in order to examine whether a restrictive measure, imposed by a member state in order to regulate gambling, is valid. As a result member states monopolies and oligopolies concerning gambling and sports betting will have to comply with these new developments.


Euthanasia, The Doctor And The Patient, Marios Papaloukas Jan 2010

Euthanasia, The Doctor And The Patient, Marios Papaloukas

Marios Papaloukas

No abstract provided.


Competition Rules And Sports Broadcasting Rights In Europe, Marios Papaloukas Jan 2010

Competition Rules And Sports Broadcasting Rights In Europe, Marios Papaloukas

Marios Papaloukas

Sports broadcasting is among the most popular of television programmes. The viewers watching such programmes are usually the ones with the highest purchase capacity, therefore the audience is of particular interest to publicists, as it is considered a very special audience not easily attracted by other programmes. As a result, the competition on publicity transmission during these programmes as well as on acquiring TV broadcasting rights to sports events is much higher. However Sports television broadcasting is of a very individual nature in comparison with the broadcast of other events. In addition to that it is a common practice that ...


Sports Betting And European Law, Marios Papaloukas Jan 2010

Sports Betting And European Law, Marios Papaloukas

Marios Papaloukas

As early as 1992 the European Court of Justice ruled that the principle of proportionality will apply in order to examine whether a restrictive measure, imposed by a member state in order to regulate gambling, is valid. As a result member states monopolies and oligopolies concerning gambling and sports betting will have to comply with these new developments.


Valuing Intellectual Property: An Experiment, Christopher Sprigman, Christopher Buccafusco Jan 2010

Valuing Intellectual Property: An Experiment, Christopher Sprigman, Christopher Buccafusco

Christopher Sprigman

In this article we report on the results of an experiment we performed to determine whether transactions in intellectual property (IP) are subject to the valuation anomalies commonly referred to as “endowment effects”. Traditional conceptions of the value of IP rely on assumptions about human rationality derived from classical economics. The law assumes that when people make decisions about buying, selling, and licensing IP they do so with fixed, context-independent preferences. Over the past several decades, this rational actor model of classical economics has come under attack by behavioral data showing that people do not always make strictly rational decisions ...


The Invisible Woman: Availability And Culpability In Reproductive Health Jurisprudence, Beth A. Burkstrand-Reid Jan 2010

The Invisible Woman: Availability And Culpability In Reproductive Health Jurisprudence, Beth A. Burkstrand-Reid

Beth A. Burkstrand-Reid

Women’s health is widely assumed to be a significant consideration in reproductive rights cases. Court decisions relating to contraception, abortion, and childbirth demonstrate that while this assumption may have historical validity, consideration of women’s health is often truncated in recent reproductive rights jurisprudence. This occurs, in part, through the application of one or both of two recurring tools. First, judges regularly—and often inaccurately—cite the theoretical availability of alternative reproductive health services as proof that women’s health will not suffer even if a law curtailing reproductive rights is upheld. I label this the “availability tool.” Second ...


Qualitative And Quantitative Proportionality - A Specific Critique Of Retributivism, John D. Castiglione Jan 2010

Qualitative And Quantitative Proportionality - A Specific Critique Of Retributivism, John D. Castiglione

John D. Castiglione

This Article presents a normative model of proportionality review under the Cruel and Unusual Punishments Clause. I divide proportionality into two organizing concepts: “qualitative proportionality,” which concerns the methods used to punish the individual and the conditions under which he serves his sentence, and “quantitative proportionality,” which concerns the temporal length of the sentence imposed. I argue that the Cruel and Unusual Punishments Clause is best understood to mandate review of the qualitative proportionality of the sentence, but not the quantitative proportionality of the punishment. The most significant feature of this model is an appreciation for the role of human ...


The Presumption Of Innocence In The French And Anglo-American Legal Traditions, Francois Quintard-Morenas Jan 2010

The Presumption Of Innocence In The French And Anglo-American Legal Traditions, Francois Quintard-Morenas

Francois Quintard-Morenas

Despite evidence that the presumption of innocence was something more than an instrument of proof, common law scholars in the nineteenth century reduced the doctrine to an evidentiary rule without acknowledging the role of the principle as a shield against punishment before conviction in both the civil and common law traditions. The resulting narrow conception of the presumption of innocence has since pervaded the legal and public discourse in the United States, where suspects are increasingly treated as guilty before trial. Using the French Declaration of Rights of 1789 and the English Prison Act of 1877 as points of reference ...


Race Treason: The Untold Story Of America's Ban On Polygamy, Martha M. Ertman Jan 2010

Race Treason: The Untold Story Of America's Ban On Polygamy, Martha M. Ertman

Martha M. Ertman

Legal doctrines banning polygamy grew out of nineteenth century Americans’ view that Mormons betrayed the nation by engaging in conduct associated with people of color. This article reveals the racial underpinnings of polygamy law by examining cartoons and other antipolygamy rhetoric of the time to demonstrate Sir Henry Maine’s famous observation that the move in progressive societies is “from status to contract.” It frames antipolygamists’ contentions as a visceral defense of racial and sexual status in the face of encroaching contractual thinking. Polygamy, they reasoned, was “natural” for people of color but so “unnatural” for whites as to produce ...


Congress, Corporate Boards, And Oversight: A Private Law / Public Law Comparison, Paul S. Miller Jan 2010

Congress, Corporate Boards, And Oversight: A Private Law / Public Law Comparison, Paul S. Miller

Paul S. Miller

This article argues that a system of congressional oversight based on trust can produce more effective government than one based on highly detailed regulations. The article first presents historic examples of congressional oversight and the ways in which trust contributed both to the effectiveness of the oversight and to the success of the policies at issue. The article goes on to examine the rise of trust theory in corporate governance as a means of making oversight by boards of directors more effective and thereby making corporations more profitable. The final part of the article explores how use of trust theory ...


The Antidiscrimination Paradox: Why Sex Before Race?, Kimberly A. Yuracko Jan 2010

The Antidiscrimination Paradox: Why Sex Before Race?, Kimberly A. Yuracko

Kimberly Yuracko

This paper seeks to explain a paradox: Why does Title VII’s prohibition on sex discrimination currently look so much more expansive than its prohibition on race discrimination? Why in particular, do workers appear to be receiving greater protection for expressions of gender identity than for expressions of racial identity? I argue that as a doctrinal matter, the paradox is illusory—the product of a fundamental misinterpretation of recent sex discrimination case law by scholars. Rather than reflecting fundamentally distinct antidiscrimination principles, the race and sex cases in fact reflect the same traditional commitments to ending status discrimination and undermining ...


A Fourth Amendment For The Poor Alone: Subconstitutional Status And The Myth Of The Inviolate Home, Jordan C. Budd Jan 2010

A Fourth Amendment For The Poor Alone: Subconstitutional Status And The Myth Of The Inviolate Home, Jordan C. Budd

Jordan C. Budd

A FOURTH AMENDMENT FOR THE POOR ALONE:

SUBCONSTITUTIONAL STATUS AND THE MYTH OF THE INVIOLATE HOME

Jordan C. Budd

ABSTRACT

For much of our nation’s history, the poor have faced pervasive discrimination in the exercise of fundamental rights. Nowhere has the impairment been more severe than in the area of privacy. This Article considers the enduring legacy of this tradition with respect to the Fourth Amendment right to domestic privacy. Far from a matter of receding historical interest, the diminution of the poor’s right to privacy has accelerated in recent years and now represents a powerful theme within ...


Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks Jan 2010

Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks

Jennifer S. Hendricks

The Supreme Court’s decision in Parents Involved in Community Schools v. Seattle School District #1 has been extensively analyzed as the latest step in the Court’s long struggle with the desegregation of public schools. This Article examines the decision’s implications for the full range of equal protection doctrine dealing with benign or remedial race and sex classifications. Parents Involved revealed a sharp division on the Court over whether government may consciously try to promote substantive equality. In the past, such efforts have been subject to an equal protection analysis that allows race-conscious or sex-conscious state action, contingent ...


Foreword: Competitiveness Of The Asean Countries: Corporate And Regulatory Drivers, Karl P. Sauvant Jan 2010

Foreword: Competitiveness Of The Asean Countries: Corporate And Regulatory Drivers, Karl P. Sauvant

Karl P. Sauvant

The BRICs, leading home countries among emerging markets, face a steep learning curve to meet the internationalization challenge, the host country challenge and the home country challenge. Each challenge requires an in-depth understanding of outward FDI and policy implications related to these challenges.


Approbation Of Tillman's The Puzzle Of Hamilton's Federalist No. 77: Letter From Professor Forrest Mcdonald To Seth Barrett Tillman (Feb. 14, 2009), Seth Barrett Tillman Jan 2010

Approbation Of Tillman's The Puzzle Of Hamilton's Federalist No. 77: Letter From Professor Forrest Mcdonald To Seth Barrett Tillman (Feb. 14, 2009), Seth Barrett Tillman

Seth Barrett Tillman

Approbation of Tillman's The Puzzle of Hamilton's Federalist No. 77 in a letter from Professor Forrest McDonald to Seth Barrett Tillman (Feb. 14, 2009).

[March 14, 2011]


Killing Two Constitutional Birds With One Linguistic Stone: Tricky Resignation And The "Poorly Drafted" Ineligibility Clause And Impeachment Clause (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman Jan 2010

Killing Two Constitutional Birds With One Linguistic Stone: Tricky Resignation And The "Poorly Drafted" Ineligibility Clause And Impeachment Clause (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman

Seth Barrett Tillman

This paper is not yet drafted. It is just in the idea stage.

[June 2, 2010]


Some Conjectures On The Original Public Meaning Of The Constitution's Quorum Clause (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman Jan 2010

Some Conjectures On The Original Public Meaning Of The Constitution's Quorum Clause (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman

Seth Barrett Tillman

This paper is not yet drafted. It is just in the idea stage. This paper will discuss the original public meaning of the Constitution's quorum clause and also responds to John Bryan Williams's How to Survive a Terrorist Attack, which appeared in William & Mary Law Review.

[June 4, 2010]


Citation List To Legislative Officer Succession, Seth Barrett Tillman Jan 2010

Citation List To Legislative Officer Succession, Seth Barrett Tillman

Seth Barrett Tillman

This document is a citation list to "Legislative Officer Succession."

[January 2, 2013]


Some Preliminary Thoughts On The Enforceability Of The Career Offenders Guideline -- U.S.S.G. § 4b1.1 (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman Jan 2010

Some Preliminary Thoughts On The Enforceability Of The Career Offenders Guideline -- U.S.S.G. § 4b1.1 (Not Yet Drafted, Planned For 2011-2012 Publication), Seth Barrett Tillman

Seth Barrett Tillman

This paper is not yet drafted. It is just in the idea stage.

[July 9, 2010]