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College Football's Serial Murderer: Sickle Cell Trait, Alejandro Bautista 2010 Marquette University Law School

College Football's Serial Murderer: Sickle Cell Trait, Alejandro Bautista

Marquette Sports Law Review

No abstract provided.


Changing Playing Fields: The Sports Attorney's Obligation To Learn Green, W. S. Miller 2010 Marquette University Law School

Changing Playing Fields: The Sports Attorney's Obligation To Learn Green, W. S. Miller

Marquette Sports Law Review

No abstract provided.


Non-Relocation Agreements In Major League Baseball: Comparison, Analysis, And Best Practice Clauses, Martin J. Greenberg, Bryan W. Ward 2010 Marquette University Law School

Non-Relocation Agreements In Major League Baseball: Comparison, Analysis, And Best Practice Clauses, Martin J. Greenberg, Bryan W. Ward

Marquette Sports Law Review

No abstract provided.


Examining The Real Demand For Legal Services, Herbert M. Kritzer 2010 University of Minnesota Law School

Examining The Real Demand For Legal Services, Herbert M. Kritzer

Articles

Legal needs studies repeatedly show that low and modest income Americans obtain legal assistance for only a small percentage of their legal needs. This is taken to demonstrate a failing of the American justice system. However, relying on several older studies and research conducted outside the United States, one finds that there is little relationship between income and obtaining legal assistance once one controls for type of legal problem (and amount at stake). This paper argues that in thinking about legal needs, one must have a realistic baseline and the simple count of legal problems does not provide that baseline ...


140 Characters Or Less: Maintaining Privacy And Publicity In The Age Of Social Networking, Lauren McCoy 2010 Marquette University Law School

140 Characters Or Less: Maintaining Privacy And Publicity In The Age Of Social Networking, Lauren Mccoy

Marquette Sports Law Review

No abstract provided.


Table Of Contents, 2010 Marquette University Law School

Table Of Contents

Marquette Sports Law Review

No abstract provided.


2009 Annual Survey: Recent Developments In Sports Law, Paul M. Anderson 2010 Marquette University Law School

2009 Annual Survey: Recent Developments In Sports Law, Paul M. Anderson

Marquette Sports Law Review

No abstract provided.


Shades Of Gray: The Functionality Doctrine And Why Trademark Protection Should Not Be Extended To University Color Schemes, Kristen E. Knauf 2010 Marquette University Law School

Shades Of Gray: The Functionality Doctrine And Why Trademark Protection Should Not Be Extended To University Color Schemes, Kristen E. Knauf

Marquette Sports Law Review

No abstract provided.


Twenty-Five Years Of The Court Of Arbitration For Sport: A Look In The Rear-View Mirror, Richard H. McLaren 2010 Marquette University Law School

Twenty-Five Years Of The Court Of Arbitration For Sport: A Look In The Rear-View Mirror, Richard H. Mclaren

Marquette Sports Law Review

No abstract provided.


Young Athletes At Risk: Preventing And Managing Consequences Of Sports Concussions In Young Athletes And The Related Legal Issues, Marie-France Wilson 2010 Marquette University Law School

Young Athletes At Risk: Preventing And Managing Consequences Of Sports Concussions In Young Athletes And The Related Legal Issues, Marie-France Wilson

Marquette Sports Law Review

No abstract provided.


Book Reviews: The Little White Book Of Baseball Law, Noel H. Johnson 2010 Marquette University Law School

Book Reviews: The Little White Book Of Baseball Law, Noel H. Johnson

Marquette Sports Law Review

No abstract provided.


One Trilogy That Should Go Without A Sequel: Why The Baseball Antitrust Exemption Should Be Repealed, Brittany Van Roo 2010 Marquette University Law School

One Trilogy That Should Go Without A Sequel: Why The Baseball Antitrust Exemption Should Be Repealed, Brittany Van Roo

Marquette Sports Law Review

No abstract provided.


The Law And Economics Of Price Discrimination In Modern Economies: Time For Reconciliation?, Daniel J. Gifford, Robert T. Kudrle 2010 University of Minnesota Law School

The Law And Economics Of Price Discrimination In Modern Economies: Time For Reconciliation?, Daniel J. Gifford, Robert T. Kudrle

Articles

This paper examines the forms, goals, and results of price discrimination. It reviews various economic analyses and critiques of the three Pigovian types of price discrimination. It observes that economists' traditional concern with aggregate welfare has not, until recently, been accompanied by a similar concern by lawyers. Until the late twentieth century lawyers tended to focus on "fairness" instead. These different concerns have impeded mutual understanding, as have the various meanings that lawyers and economists have attributed to such basic terms as "monopoly power," "market power" and "competition" in the price discrimination context. The paper examines the principal laws of ...


Concepts, Categories, And Compliance In The Regulatory State, Kristin Hickman, Claire Hill 2010 University of Minnesota Law School

Concepts, Categories, And Compliance In The Regulatory State, Kristin Hickman, Claire Hill

Articles

Law is, of course, always a product of its history. But for some regimes, history matters both more and differently than for others. In some instances, the requirements and scope of a regulatory regime’s coverage are sufficiently attenuated from statutory text and purpose that they can only be explained or understood by reference to history. At its (perhaps caricatured) extreme, such a regime is one in which regulated parties expend significant efforts attempting to comply with the law and often succeed in complying at the most minimal level possible, to the point that compliance is perceived as optional and ...


Returning Home: Women In Post-Conflict Societies, Naomi Cahn, Dina Francesca Haynes, Fionnuala Ní Aoláin 2010 George Washington University Law School

Returning Home: Women In Post-Conflict Societies, Naomi Cahn, Dina Francesca Haynes, Fionnuala Ní Aoláin

Articles

This paper explores the situation of women returning to their homes and communities after their countries have experienced major conflicts. In that context, it assesses the range of barriers and challenges that women face and offers some thinking to addresses and remedy these complex issues. As countries face the transition process, they can begin to measure the conflict’s impact on the population and the civil infrastructure. Not only have people been displaced from their homes, but, typically, health clinics, schools, roads, businesses, and markets have deteriorated substantially. While the focus is on humanitarian aid in the midst of and ...


A Burkean Perspective On Patent Eligibility, Part Ii: Reflections On The (Counter)Revolution In Patent Law, Thomas F. Cotter 2010 University of Minnesota Law School

A Burkean Perspective On Patent Eligibility, Part Ii: Reflections On The (Counter)Revolution In Patent Law, Thomas F. Cotter

Articles

In 2007, I published an essay in the Berkeley Technology Law Journal, titled A Burkean Perspective on Patent Eligibility, in which I discussed how the United States Court of Appeals for the Federal Circuit and the United States Patent and Trademark Office had discarded various doctrines relating to patent eligibility - among them, rules that all patentable inventions must pertain to the technological arts, that they may not read on mental steps, and that patentable processes must effect a physical transformation - in favor of an approach that asked only whether an invention had practical utility and was predictable in its effects ...


The Invisible Hand Of Preacquired Account Marketing, Prentiss Cox 2010 University of Minnesota Law School

The Invisible Hand Of Preacquired Account Marketing, Prentiss Cox

Articles

Preacquired account marketing is a sales practice that allows companies to charge consumers for services they do not know they ordered and do not use. The practice depends on a seller's ability to access a consumer's financial account without the consumer directly providing her account number and other access information to that seller. This flips the power dynamic in the solicitation process by shifting the burden to the consumer to stop the seller from accessing her account, rather than requiring the seller to ask the consumer for her account information before her account can be charged. This is ...


Let's Try This Again: The Ada Amendments Act Of 2008 Attempts To Reinvigorate The "Regarded As" Prong Of The Statutory Definition Of Disability, Stephen F. Befort 2010 University of Minnesota Law School

Let's Try This Again: The Ada Amendments Act Of 2008 Attempts To Reinvigorate The "Regarded As" Prong Of The Statutory Definition Of Disability, Stephen F. Befort

Articles

Congress initially enacted the ADA in 1990 as a seemingly expansive civil rights statute aimed at eradicating disability discrimination. A key component of the ADA’s anti-discrimination formula is that it extends protection not only to those individuals who are currently disabled, but also to those individuals who are “regarded as” disabled. By this extension, Congress sought to curb “society’s accumulated myths and fears about disability.” Beginning in the late 1990’s, a judicial backlash highlighted by four Supreme Court cases narrowly interpreted the ADA’s “disability” standing requirement and undercut the statute’s effectiveness. Operating in a “let ...


Custody Investigations In Divorce-Custody Litigation, Robert Levy 2010 University of Minnesota Law School

Custody Investigations In Divorce-Custody Litigation, Robert Levy

Articles

Divorce custody litigation has been a social success. Despite the continuing complaints of participants-judges, lawyers, social and behavioral experts, the parents-the vast majority of couples who want to terminate their marriages and allocate control and responsibility for their children have been able to accomplish their goals relatively efficiently. And, if the law and government actors have not been terribly successful or efficient in resolving parental custody disputes that the parents' lawyers have not been able to settle, it has not been for lack of trying. Custody litigation is difficult, emotional, and unrewarding, for all participants (even financially, lawyers claim, because ...


Why Did Rating Agencies Do Such A Bad Job Rating Subprime Securities?, Claire Hill 2010 University of Minnesota Law School

Why Did Rating Agencies Do Such A Bad Job Rating Subprime Securities?, Claire Hill

Articles

Why did rating agencies do such a bad job rating subprime securities? The conventional answer draws heavily on the fact that ratings are paid for by the issuers: Issuers could, and do, “buy” high ratings from willing sellers, the rating agencies. The conventional answer cannot be wholly correct or even nearly so. Issuers also pay rating agencies to rate their corporate bond issues, yet very few corporate bond issues are rated AAA. If the rating agencies were selling high ratings, why weren’t high ratings sold for corporate bonds? Moreover, for some types of subprime securities, a particular rating agency ...


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