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Articles 1 - 30 of 114
Full-Text Articles in Law
Legislative Watch: State Bar Urges Adoption Of Ucc Revised Article 9, Ralph Anzivino
Legislative Watch: State Bar Urges Adoption Of Ucc Revised Article 9, Ralph Anzivino
Faculty Publications
No abstract provided.
The Emergence Of Jurisdictional Resequencing In The Federal Courts, Scott C. Idleman
The Emergence Of Jurisdictional Resequencing In The Federal Courts, Scott C. Idleman
Faculty Publications
This article addresses a 1999 Supreme Court decision holding that federal courts may address personal jurisdiction, and dismiss a lawsuit for its absence, without first or ever verifying their subject-matter jurisdiction. Examined are the genealogy, components, legitimacy, and future application of this emerging doctrine of resequencing, as well as the extent to which it accords with the Court's professedly restrained approach to federal power. Based on this examination, the article contends that the doctrine represents an unsettling departure from both precedent and jurisdictional theory and that its elements and scope are neither carefully delineated nor grounded in a coherent theory …
Envisioning A Future For Age And Disability Discrimination Claims, Alison Barnes
Envisioning A Future For Age And Disability Discrimination Claims, Alison Barnes
Faculty Publications
This Article considers the reasons for reinterpretations of age and disability and examines the fundamental reasons for changes in the implementation of both the ADA and ADEA. Part I presents the basic structure and relevant requirements of the two statutes and comments on the reasons their legislative purposes are not often seen as overlapping. Part II discusses the recent Supreme Court decisions that have undermined the purposes and implementation of both the ADA and ADEA and chilled causes of action based on the ADA and ADEA. Part III projects the current problems with anti-discrimination causes into the future, when older …
Reflections On The Accident At Miller Park And The Prosecution Of Work-Related Fatalities In Wisconsin, Edward A. Fallone
Reflections On The Accident At Miller Park And The Prosecution Of Work-Related Fatalities In Wisconsin, Edward A. Fallone
Faculty Publications
No abstract provided.
Baseball Cards And The Birth Of The Right Of Publicity: The Curious Case Of Haelan Laboratories V. Topps Chewing Gum, J. Gordon Hylton
Baseball Cards And The Birth Of The Right Of Publicity: The Curious Case Of Haelan Laboratories V. Topps Chewing Gum, J. Gordon Hylton
Faculty Publications
No abstract provided.
The Americans With Disabilities Act And The Aging Athlete After Casey Martin, Alison M. Barnes
The Americans With Disabilities Act And The Aging Athlete After Casey Martin, Alison M. Barnes
Faculty Publications
No abstract provided.
Golf And Torts: An Interesting Twosome, John J. Kircher
Golf And Torts: An Interesting Twosome, John J. Kircher
Faculty Publications
No abstract provided.
The Historical Origins Of Professional Baseball Grievance Arbitration, J. Gordon Hylton
The Historical Origins Of Professional Baseball Grievance Arbitration, J. Gordon Hylton
Faculty Publications
No abstract provided.
Religious Freedom And The Interscholastic Athlete, Scott C. Idleman
Religious Freedom And The Interscholastic Athlete, Scott C. Idleman
Faculty Publications
This article delineates the religious rights of interscholastic athletes under the First Amendment Free Exercise Clause. Part I provides a comprehensive overview of contemporary free exercise doctrine, followed by a brief summary of other laws that may govern religion-related conflicts arising in the context of interscholastic athletics. Part II then surveys the types of controversies that can arise in this context and will examine their resolution in light of the governing laws. Part II also offers guidelines to coaches and administrators for the prevention and resolution of such conflicts, including steps that can be taken to avoid First Amendment violations …
Foreword, Matthew J. Mitten
Reorganization Of The Professional Sports Franchise, Ralph C. Anzivino
Reorganization Of The Professional Sports Franchise, Ralph C. Anzivino
Faculty Publications
No abstract provided.
Privacy In Sports: Recent Developments In The Federal Courts, Michael K. Mcchrystal
Privacy In Sports: Recent Developments In The Federal Courts, Michael K. Mcchrystal
Faculty Publications
No abstract provided.
The Professional Athlete: Issues In Child Support, Judith G. Mcmullen
The Professional Athlete: Issues In Child Support, Judith G. Mcmullen
Faculty Publications
No abstract provided.
Statewide School Athletic Associations And Constitutional Liability; Brentwood Academy V. Tennessee Secondary School Athletic Association, Alan R. Madry
Faculty Publications
No abstract provided.
Athletes In Trouble With The Law: Journalistic Accounts For The Resentful Fan, David Ray Papke
Athletes In Trouble With The Law: Journalistic Accounts For The Resentful Fan, David Ray Papke
Faculty Publications
No abstract provided.
Blue-Collar Crimes/White-Collar Criminals: Sentencing Elite Athletes Who Commit Violent Crimes, Michael M. O'Hear
Blue-Collar Crimes/White-Collar Criminals: Sentencing Elite Athletes Who Commit Violent Crimes, Michael M. O'Hear
Faculty Publications
No abstract provided.
Fraser V. Mls, L.L.C.: Is There A Sham Exception To The Copperweld Single Entity Immunity?, Michael P. Waxman
Fraser V. Mls, L.L.C.: Is There A Sham Exception To The Copperweld Single Entity Immunity?, Michael P. Waxman
Faculty Publications
No abstract provided.
Baseball Diplomacy, Andrea Kupfer Schneider
Baseball Diplomacy, Andrea Kupfer Schneider
Faculty Publications
No abstract provided.
Lawyer Fiction In The Saturday Evening Post: Ephraim Tutt, Perry Mason, And Middle-Class Expectations, David Ray Papke
Lawyer Fiction In The Saturday Evening Post: Ephraim Tutt, Perry Mason, And Middle-Class Expectations, David Ray Papke
Faculty Publications
No abstract provided.
Father (Or Mother) Knows Best: An Argument Against Including Post-Majority Educational Expenses In Court-Ordered Child Support, Judith G. Mcmullen
Father (Or Mother) Knows Best: An Argument Against Including Post-Majority Educational Expenses In Court-Ordered Child Support, Judith G. Mcmullen
Faculty Publications
No abstract provided.
Protection Of The Athlete’S Identity: The Right Of Publicity, Endorsements And Domain Names, Paul M. Anderson, J. Thomas Mccarthy
Protection Of The Athlete’S Identity: The Right Of Publicity, Endorsements And Domain Names, Paul M. Anderson, J. Thomas Mccarthy
Faculty Publications
No abstract provided.
School Expulsions: Not All Are Equal, Alison Julien, Patricia Engel
School Expulsions: Not All Are Equal, Alison Julien, Patricia Engel
Faculty Publications
No abstract provided.
The Widening Gap Under The Internal Revenue Code: The Need For Renewed Progressivity, Vada Waters Lindsey
The Widening Gap Under The Internal Revenue Code: The Need For Renewed Progressivity, Vada Waters Lindsey
Faculty Publications
The United States' progressive tax system has been a part of the income tax structure since the enactment of the historic 1913 income tax act and should continue to be maintained today for several reasons. First, a change in the tax system could have adverse effects on minorities and women. Second, the tax system is based on an ability to pay concept, and it is difficult to devise a system that adheres to that principle yet satisfies revenue demands and other considerations. While there have been significant societal changes since the country adopted the progressive tax structure, these changes do …
The Privacy Of Elders, Michael K. Mcchrystal
The Privacy Of Elders, Michael K. Mcchrystal
Faculty Publications
No abstract provided.
Social Security Reform: Creating Transformative Opportunities For African Americans, Phoebe Weaver Williams
Social Security Reform: Creating Transformative Opportunities For African Americans, Phoebe Weaver Williams
Faculty Publications
Williams first discusses, from a historical perspective, the discriminatory results of past Social Security legislation and revisions, and why Social Security benefits still provide African American workers with lower benefits. The arguments for both the proponents and opponents of privatization are explored. Special attention is given to the difficulties African Americans encounter in obtaining disability benefits. The conclusion suggests that an opportunity for improvements is at hand.
Teaching Comparative Law In The 21st Century: Beyond The Civil/Common Law Dichotomy, Michael P. Waxman
Teaching Comparative Law In The 21st Century: Beyond The Civil/Common Law Dichotomy, Michael P. Waxman
Faculty Publications
No abstract provided.
Unfriendly Actions: The Amicus Brief Battle At The Wto, Andrea Kupfer Schneider
Unfriendly Actions: The Amicus Brief Battle At The Wto, Andrea Kupfer Schneider
Faculty Publications
No abstract provided.
Another Misunderstood Relation: Confidentiality And The Duty To Report, Peter K. Rofes
Another Misunderstood Relation: Confidentiality And The Duty To Report, Peter K. Rofes
Faculty Publications
No abstract provided.
Are The States' "Prevailing Wage Laws" Constitutional?, Ralph C. Anzivino
Are The States' "Prevailing Wage Laws" Constitutional?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
Can A Worker's Arbitration Agreement Prevent The Eeoc From Seeking Victim-Specific Relief?, Jay E. Grenig
Can A Worker's Arbitration Agreement Prevent The Eeoc From Seeking Victim-Specific Relief?, Jay E. Grenig
Faculty Publications
No abstract provided.