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Too Many Men On The Field: Why Congress Should Punt On The Antitrust Debate Overshadowing Collegiate Football And The Bowl Championship Series, Timothy Kober

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Rock 'N' Roll Suicide: Why Heavy Metal Musicians Cannot Be Held Responsible For The Violent Acts Of Their Listeners, Matthew Sampar

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

A Call For The End Of The False Light Invasion Of Privacy Action As It Relates To Docudramas, Susan Hallander

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Oh, What A Tangled Web We Weave: Reality Tv Shines A False Light On Lady Duff-Gordon, Walter T. Champion Jr.

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Native American Mascots And Team Names: Throw Away The Key; The Lanham Act Is Locked For Future Trademark Challenges, Christian Dennie

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Is It Time To Revisit The Fairness Doctrine In Response To The Federal Communications Commission's Proposed Media Ownership Rules?, Roy J. Thibodaux Iii

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

On The Interplay Of The Cognitive And The Social In Scientific Practices, Hugh Lacey

Philosophy Faculty Works

I consider the following questions, central to recent disagreements between Longino and Kitcher: Is it constitutive of making judgments of the cognitive acceptability of theories that they are made under certain social relations that embody specific social values that have been cultivated among investigators (Longino)? Or is making them (sound ones) just a consequence of social interactions that occur under these relations (Kitcher)? While generally endorsing the latter view, I make a distinction, not made by the philosophers under discussion, between sound acceptance and endorsement of a theory, and argue that Longino's view applies to endorsement.

Trial Practice And Procedure, Jason Crawford, J. Clay Fuller, Dustin T. Brown, Kate S. Cook, E. Wycliffe Orr

Mercer Law Review

This survey period included significant legislative changes and yielded several interesting and important decisions to practitioners who prepare and try cases. This Article addresses judicial opinions that cover, among other topics that interest the trial practitioner, issues of damages, discovery, products liability, torts, standing, and sovereign immunity. The Article also highlights important changes in Georgia's statutory law that significantly impact trial practice.

The Pinkerton Doctrine And Murder, Matthew A. Pauley

The University of New Hampshire Law Review

[Excerpt] "Suppose that A hires B to rob a bank in Massachusetts and A then hires C to rob a bank in Rhode Island. B and C have not met face to face, but each knows he is part of a conspiracy to rob banks in more than one state. All agree that no one will be killed in the robberies. A then procures D to get a car for use in the robberies. B uses D’s car to rob his bank. During the robbery of C’s bank, C pulls out a gun and shoots and kills the bank guard. …

The Procedural Due Process Requirements For No-Fly Lists, Soumya Panda

The University of New Hampshire Law Review

[Excerpt] “Imagine arriving at the airport and checking in at the ticketing booth. You tell the ticketing agent your name, your flight number, and show the agent your identification. The agent enters the information into the terminal and a look of shock appears on his or her face. While other passengers are waiting behind you, the agent calls for security and mentions in front of other passengers that you are denied from boarding the plane. Now imagine that you are a famous United States senator arriving from a political convention and the ticketing agent tells you that you cannot board …

Bayer Ag V. Housey Pharmaceuticals: Protection For Biotechnological Research Tools Under Section 271(G) Found Wanting, Matthew Barthalow

The University of New Hampshire Law Review

[Excerpt] "Research tools, a subset of biotechnological inventions protected by process patents, are “tools that scientists use in the laboratory, including cell lines, monoclonal antibodies, reagents, animal models, growth factors, combinatorial chemistry and DNA libraries, clones and cloning tools (such as PCR), methods, laboratory equipment and machines.” Many companies base their business models on the ability to find pharmaceutical products using their proprietary drug discovery research tools. Research tools used for drug discovery ‘include bioinformatic methods for identifying the interaction of certain proteins and their association with disease, methods for confirming protein targets, screening assays to identify molecules active against …

Higher Education Attorneys’ Perceptions Regarding Academic Freedom And Challenges To Academic Freedom, Manuel R. Rupe

Dissertations

Higher education attorneys have emerged in recent years as integral participants in the decision and policymaking processes within American higher educationinstitutions. The perceptions of higher education attorneys regarding academic freedom, including professorial, institutional, and student academic freedom, may significantly impact how higher education institutions respond to modern challenges to such freedom. Key challenges to academic freedom as identified in the literature were categorized into four groups for this study (a) judicial or governmental challenges, (b) internal or collegial challenges, (c) institutionalchallenges, and (d) outside or extra-institutional challenges.

An Internet-based survey was sent to higher education attorneys who subscribed to the …

Table Of Contents

West Virginia Law Review

No abstract provided.

A Local Distinction: State Education Privacy Laws For Public School Children, Susan P. Stuart

West Virginia Law Review

No abstract provided.

Small Hope Floats: How The Lower Courts Have Sunk The Right Of Privacy, Stephanie D. Taylor

West Virginia Law Review

No abstract provided.

Protecting West Virginia's Public Fora: Criteria To Safeguard Our Rights Of Expression, Melissa M. Rounds

West Virginia Law Review

No abstract provided.

Market Impact In The Information Age: Protecting Hotel Owners From Hotel Management Companies, Charles S. Hale Ii

West Virginia Law Review

No abstract provided.

Excessive Compensation In Publicly Held Corporations: Is The Doctrine Of Waste Still Applicable, John W. Murrey Iii

West Virginia Law Review

No abstract provided.

Introduction, Horacio Spector

Chicago-Kent Law Review

No abstract provided.

Kant On "Why Must I Keep My Promise?", B. Sharon Byrd, Joanchim Hruschka

Chicago-Kent Law Review

This Article claims that for Kant a contractual obligation generates a universal right, meaning a right against everyone. Accordingly, a right to performance of a contract is more similar to a right in rem than to a right in personam, and failing to perform a contract is more similar to theft than to moral failure to do as promised. Part I shows that for Kant accepting a promise means taking possession of the promisor's choice to commit an act in the future. Part II explains why it is possible to acquire someone else's choice and how one does so in …

A Contractarian Approach To Unconscionability, Horacio Spector

Chicago-Kent Law Review

In this paper I discuss two nonpaternalistic defenses of the doctrine of unconscionability in contract law. The first approach, proposed by Seana Shiffrin, relies on the moral ban to collaborate with other agents' immoral plans. Because this prohibition falls also on the judge, she must refrain from enforcing unfair or exploitative contracts. The second approach regards the unconscionability doctrine as one limitation on freedom of contract that rational contractors would choose in the course of adopting the fundamental terms of social cooperation. I assess the implications and merits of the two approaches. 'The contractarian approach is capable of justifying procedural …

Tanks In The Streets: Suvs, Design Defects, And Ultrahazardous Strict Liability, Kevin Case

Chicago-Kent Law Review

SUV rollover crashes have been well-publicized and thoroughly litigated. Less attention has been paid to the lethal risks created by SUVs—particularly the latest "behemoth" SUVs like Hummers—to the occupants of other vehicles and pedestrians. Due to the design of SUVs, which are stiffer, heavier, and ride higher than cars, a collision between an SUV and a passenger car often results in catastrophic damage and injury to the occupants of the car, particularly when an SUV strikes a car broadside. Moreover, the design features of SUVs that create these dangers provide no utility or value to society. The "benefit" provided by …

It's As Clear As Mud: A Call To Amend The Federal Trademark Dilution Act Of 1995, Matthew C. Oesterle

Chicago-Kent Law Review

The Federal Trademark Dilution Act ("FTDA") has failed to protect, in the manner intended by Congress, the subset of trademarks that have achieved a high threshold of fame from subsequent uses that dilute or tarnish those trademarks. Courts have applied inconsistent measures of fame to the trademarks of the litigants before them and a poor wording choice in the drafting of the FTDA has led the Supreme Court to conclude that famous trademarks must sustain actual harm to their distinctiveness before their owners can receive the equitable remedy provided under the Act. Based on the legislative history of the Act, …

Speleo Spiel, No. 351, November-December 2005, Alan Jackson

Speleo Spiel

Contents: Regular Bits -- Trip Reports -- Other Exciting Stuff

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Does Today's International Trade Agreement Bind Tomorrow's Citizen?, Gopal Sreenivasan

Chicago-Kent Law Review

Focusing on the example of the General Agreement on Trade in Services (GATS), this Article begins by describing an important analogy between domestic Bills of Rights and enforceable international trade agreements. Both effectively disable the majority in later generations from certain exercises of its domestic legislative power. While there is some kind of democratic presumption against disabling the majority in any generation from exercising domestic legislative power, various argumentative strategies have been employed to defeat this presumption in the domestic constitutional case. This Article reviews these strategies and argues next that they cannot be generalized to the case of international …

Re-Enfranchisement Laws Provide Unequal Treatment: Ex-Felon Re-Enfranchisement And The Fourteenth Amendment, Cherish M. Keller

Chicago-Kent Law Review

Individuals convicted of a felony lose the right to vote at least temporarily in most states, and ex-felons are disenfranchised for life in seventeen states. There are often procedures by which ex-felons may regain the right to vote in the lifetime disenfranchisement states, but the procedures vary widely and are often unclear and unrealistic. The right to vote is fundamental once provided by a state, and wealth discrimination coupled with a fundamental right merits strict scrutiny. While ex-felon disenfranchisement may be constitutional, once a state provides a procedure by which ex-felons may regain the right to vote, that procedure must …

Medicaid Third-Party Liability And Claims For Restitution: Defining The Proper Role For The Tort System In Regulating The Food Industry, Coby Warren Logan

Journal of Food Law & Policy

This comment contends that tort liability can complement legislative and administrative government regulation of the food industry, providing sellers and manufacturers of food with an incentive to prevent consumers from over-consumption and becoming obese. Specifically, this comment supports the proposition that after government regulations are promulgated by Congress, claims should be allowed by state attorneys general to recoup Medicaid costs incurred in treating health conditions and illnesses caused by obesity.

A Local Model Of Writing Program Assessment : Fourteen Community College Faculty Define And Evaluate Writing Proficiency., Richard Anthony Butsch 1956-

Electronic Theses and Dissertations

The introduction to this doctoral dissertation is an argument for locating Writing Across the Curriculum programs on the community-college campus for several reasons, among them the proximity of the disciplines on the community college campus, the increasingly underprepared community college student, and movements toward accountability and assessment at the local and state levels. As an example of what a WAC program may accomplish in the area of program assessment, which developed from WAC proper in the last decade of the last century, Chapters One, Two and Three present data I collected from fourteen faculty volunteers who gave up a beautiful …