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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 Feb 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

Foreword, Matthew J. Mitten

Faculty Publications

No abstract provided.


Reorganization Of The Professional Sports Franchise, Ralph C. Anzivino Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

The Privacy Of Elders, Michael K. Mcchrystal

Faculty Publications

No abstract provided.


Social Security Reform: Creating Transformative Opportunities For African Americans, Phoebe Weaver Williams Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

Can A Worker's Arbitration Agreement Prevent The Eeoc From Seeking Victim-Specific Relief?, Jay E. Grenig

Faculty Publications

No abstract provided.