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Crossing The (Blue) Line: Is The Criminal Justice System The Best Institution To Deal With Violence In Hockey?, John Timmer

Vanderbilt Journal of Entertainment & Technology Law

This Note argues that the criminal justice system is ill-equipped to, and thus should refrain from, prosecuting professional hockey players for violent acts committed during the course of play. Part II examines professional hockey and provides background regarding the nature of violence in the sport. Part III then discusses the history of prosecution of violent acts committed during professional hockey games, both in Canada and in the United States, providing some context for the type of violent actions that are prosecuted. Part IV examines some of the problems that arise in the prosecution of professional hockey players, including all applicable …

Nfl General Counsel Adolpho Birch Speaks On The Nfl's Drug Policy, Adolpho Birch, Journal Of Entertainment & Tech. Law Editor

Vanderbilt Journal of Entertainment & Technology Law

Our standards are set in stone and frankly I think that's the best way to do it. The Commissioner obviously has discretion to alter the discipline, but it is not the type of discretion that is used lightly. It is better in our view to have a defined system with delineated consequences that occur from the use of a prohibited substance. For example, a positive test for a performance-enhancing substance nets a four-game suspension without pay. That is the rule for a first violation and everybody knows it. And when it happens to you, you will be treated the same …

The Voluntary Practices: The Last-Gasp Of Big Time College Football And The Ncaa, Sarah Lemons

Vanderbilt Journal of Entertainment & Technology Law

College football is desperately in need of new NCAA rules governing voluntary practices and the real problem is that coaches will always find a way to slip around the rules in order to seize the rewards of winning. Therefore, the NCAA must perform its duty and reform the rules to protect the health and well being of the collegiate football player, because as a voluntary association of a coalition of 960 member colleges, it has been given the authority to adopt rules governing its member institutions' recruiting, eligibility, financial aid and admissions.

Part II of this Note will begin by …

The Impact Of State Prohibitions Of Punitive Damages On Libel Litigation: An Empirical Analysis, Dennis Hale

Vanderbilt Journal of Entertainment & Technology Law

This Article explores the role of punitive damages in media libel cases by measuring the quantity and quality of libel appeals for a ten-year period in states with and without punitive damages. Specifically, the Article identifies appellate court decisions for media libel cases over a ten year period from 1986 to 1995, comparing five states with punitive damages (Alabama, New Mexico, South Carolina, South Dakota and Tennessee) to five states without punitive damages (Louisiana, Massachusetts, Nebraska, Oregon and Washington). Each appeal of a federal or state media libel case was coded for the following characteristics: year, whether the media won …

Shadowing Silva, David Laraway

Faculty Publications

The dark eroticism of Jose Asunci6n Silva's "Nocturno m" has scarcely been domesticated by over a century of criticism and the poem's canonization in countless literary anthologies. The reasons for the spell it has held over readers are apparent. Not only is the poem highly innovative from a metrical standpoint, its composition shortly after the death of Silva's sister Elvira has invited some critics to find images of incest and even necrophilia in the text.¹ Others have stridently opposed such readings.² In fact, the history of the poem's critical reception has in large measure been the history of …

The Uncommon Law: Insanity, Executions, And Oklahoma Criminal Procedure, Bryan Lester Dupler

Oklahoma Law Review

No abstract provided.

Surface Use By The Mineral Owner: How Much Accomodation Is Required Under Current Oil And Gas Law, Christopher M. Alspach

Oklahoma Law Review

No abstract provided.

Constitutional Law: Affirmative Action In The Public Sector: The Admissibility Of Post-Enactment Evidence Of Discrimination To Provide A Compelling Governmental Interest, Andrew C. Jayne

Oklahoma Law Review

No abstract provided.

Constitutional Law: Mci Telecommunications Corp. V. Public Service Commission: The Tenth Circuit Rebuffs The Supreme Court Trend Supporting State Immunity, Stephanie Chapman

Oklahoma Law Review

No abstract provided.

Are You Willing To Make The Commitment In Writing? The Apa, Aljs, And Ssa, Jeffrey Scott Wolfe

Oklahoma Law Review

No abstract provided.

Legal And Professional Ethics: Protection Of Client Identity, Rebecca Wood Hunter

Oklahoma Law Review

No abstract provided.

Beyond Observable Prejudice—Moving From Recognition Of Differences To Feasible Solutions: A Critique Of Ian Ayres' Pervasive Prejudice?, Mary Margaret Penrose

Oklahoma Law Review

No abstract provided.

A Deadly Cure: The Supreme Court's Dangerous Medicine In Ferguson V. City Of Charleston, George M. Dery Iii

Oklahoma Law Review

No abstract provided.

Environmental Law: The Environmental Quality Act As A Reservoir Of Legislative Intent - A New Model Of Interagency Cooperation Springs Forth From The Clarification Of Oklahoma's Groundwater Law, Darin C. Savage

Oklahoma Law Review

No abstract provided.

Contract Law: As Clear As Mud: The Demise Of The Covenant Not To Compete In Oklahoma, Jeb Boatman

Oklahoma Law Review

No abstract provided.

Who Cares? Why Bother?: What Jeff Powell And Mark Tushnet Have To Say To Each Other (A Review Of Christian Perspectives On Legal Thought, Edited By Michael W. Mcconnell, Robert F. Cochran, Jr., And Angela Carmella, William Brewmaker

Oklahoma Law Review

No abstract provided.

The "Ultimate Question": A Limited Argument For Trafficking In Stolen Speech, Matthew J. Coleman

Oklahoma Law Review

No abstract provided.

Development And Evaluation Plans Of A Denominational Program To Equip Local Church Leaders With Creative Thinking And Problem Solving Techniques, Richard C. Harris

Abraham S. Fischler College of Education ETD Archive

The problem investigated within the Free Methodist Church was that church leaders (pastors and lay leaders) lacked skills in how to proactively engage churches in creative thinking and problem solving. The purpose of this project was to develop a program to help church leaders improve creative thinking and problem-solving skills and to design a plan for evaluating such a program.

There were four comprehensive research questions for this study. The first was "What is the subject matter of a comprehensive program for developing in church leaders the skills and attitudes needed to improve creative thinking and problem solving? The second …

Wordsworth's Habits Of Mind: Knowledge Through Experience (Review), Nancy Easterlin

English Faculty Publications

No abstract provided.

Romanticism's Gray Matter (Review Essay), Nancy Easterlin

English Faculty Publications

No abstract provided.

Spectral Integration Of Microstructure And Design, Brent L. Adams, B. Henrie, M. Lyon, H. Garmestani, Surya R. Kalidindi

Faculty Publications

Support of the Army Research Office is greatly appreciated. Mechanical design can be conducted in a framework where consideration of microstructure as a continuous design variable is facilitated by the use of a Fourier space. Selection of the mechanical framework for the problem (e.g., mechanical constitutive model and homogenization relations) dictates the dimensionality of the pertinent microstructure representation. Microstructure is comprised of basic elements that belong to the local state space. Local state includes crystallographic phase and orientation, and other parameters such as composition. The local state space is transformed into an isomorphic set in Fourier space. The universe of …

Peppering Knowledge Sources With Salt: Boosting Conceptual Content For Ontology Generation, Deryle W. Lonsdale, Yihong Ding, David W. Embley, Alan Melby

Faculty Publications

This paper describes work done to explore the common ground between two different ongoing research projects: the standardization of lexical and terminological resources, and the use of conceptual ontologies for information extraction and data integration. Specifically, this paper explores improving the generation of extraction ontologies through use of a comprehensive terminology database that has been represented in a standardized format for easy tool-based implementation. We show how, via the successful integration of these two distinct efforts, it is possible to leverage large-scale terminological and conceptual information having relationship-rich semantic resources in order to reformulate, match, and merge retrieved information of …

Introduction: Globalization Of Administrative And Regulatory Practice, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2001-2002), J. Rodney Johnson

Law Faculty Publications

The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2002 Session. In addition, there were ten Supreme Court of Virginia opinions and two United States District Court opinions raising issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial developments.

Colorblindness, Race Neutrality, And Voting Rights, Henry L. Chambers Jr.

Law Faculty Publications

The Reconstruction Amendments' guarantee of civil rights and political equality for racial minorities means that with respect to voting and representation, raceneutral results should be as much a constitutional imperative as colorblind process. As such, a colorblind electoral rule that unintentionally lessens the ability of a minority group to vote or to choose its candidate of choice should be deemed unconstitutional under the Fifteenth Amendment, not merely unlawful under the Voting Rights Act, unless the jurisdiction can provide a strong justification for the rule focused on why such a rule is reasonably necessary to safeguard the electoral process. This change …

A Preferable Approach For The Ninth Circuit, Carl W. Tobias

Law Faculty Publications

United States Senators Orrin Hatch (R-Utah) and Frank Murkowski (R-Alaska) recently introduced Senate Bill 2184, which would split the United States Court of Appeals for the Ninth Circuit into two circuits. This measure differs from Senate Bill 253 that embodies the recommendations submitted to Congress by the Commission on Structural Alternatives for the Federal Courts of Appeals after its one-year study. The Commission found "no persuasive evidence that the Ninth Circuit ... is not working effectively" and clearly rejected bifurcation. However, the Commission recommended that Congress impose a divisional restructuring on the Ninth Circuit Court of Appeals and authorize the …

Local Federal Civil Procedure For The Twenty-First Century, Carl W. Tobias

Law Faculty Publications

Federal civil procedure is now byzantine. Lawyers and parties face, and federal judges apply, a bewildering panorama of requirements. There are strictures in the Federal Rules of Civil Procedure as well as Title 28 of the United States Code and dozens of substantive statutes. A stunning array of local measures-including local rules; general, special, and scheduling orders; individual-judge practices; and mechanisms that courts adopted under the Civil Justice Reform Act (CJRA) of 1990 to reduce cost and delay-also govern cases in all ninety-four districts. Many of the provisions· are inconsistent or duplicative, while a significant percentage are difficult to discover, …

Anastasoff, Unpublished Opinions, And Federal Appellate Justice, Carl W. Tobias

Law Faculty Publications

In Anastasoff v. United States, a three-judge panel of the United States Court of Appeals for the Eighth Circuit recently invalidated the court's local rule of appellate procedure providing that "unpublished opinions are not precedent and parties generally should not cite them." Eighth Circuit Judge Richard S. Arnold authored the opinion, holding that this local requirement violates Article ill of the United States Constitution. Regardless of whether the provocative decision in Anastasoff is constitutionally sound, the opinion trenchantly emphasizes the critical significance of a public policy issue that has remained essentially untreated for too long.

The three-judge panel, thus, threw …

Youngstown Revisited, Carl W. Tobias, Christopher Bryant

Law Faculty Publications

One half century ago, President Harry S. Truman promulgated an Executive Order that authorized federal government seizure and operation of the nation's steel mills to support United States participation in the Korean conflict.1 The president relied on his power as commander-in-chief of American armed forces, other executive authority provided by Article II in the United States Constitution, the need for sustaining the American military effort, and temporal exigencies. Eight weeks later, the United States Supreme Court held that Truman lacked any power to seize the property of American steel companies in Youngstown Sheet & Tube Co. v. Sawyer.

On November …

Tribute To Paul Oberst, Edward T. Breathitt, John H. Garvey, John Hatch, Rutheford B. Campbell Jr., William H. Fortune, Alvin L. Goldman

Kentucky Law Journal

No abstract provided.