Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Patent (8)
- MLB (6)
- Major League Baseball (6)
- Sports (6)
- Athletes (4)
-
- Baseball (4)
- Cases (4)
- Copyright (4)
- Antitrust (3)
- Arbitration (3)
- Europe (3)
- Salaries (3)
- United States Supreme Court (3)
- Collective bargaining (2)
- Empirical Analysis (2)
- Exemptions (2)
- Football (2)
- NFL (2)
- NHL (2)
- National Football League (2)
- National Hockey League (2)
- Olympics (2)
- Table of Contents (2)
- Trademark (2)
- United States Patent and Trademark Office (2)
- ADA (1)
- Academia (1)
- Advertising (1)
- American Indian (1)
- Americans with Disabilities Act (1)
- Publication
- Publication Type
Articles 61 - 90 of 122
Full-Text Articles in Law
Does The Mobile-Sierra Doctrine Apply When A Contract Is Challenged By A Noncontracting Third Party?, Jay E. Grenig
Does The Mobile-Sierra Doctrine Apply When A Contract Is Challenged By A Noncontracting Third Party?, Jay E. Grenig
Faculty Publications
No abstract provided.
When May A Court Set Aside A National Railroad Adjustment Board Decision On Due Process Grounds?, Jay E. Grenig
When May A Court Set Aside A National Railroad Adjustment Board Decision On Due Process Grounds?, Jay E. Grenig
Faculty Publications
No abstract provided.
Can Arbitrators Order Class Arbitration If The Arbitration Clause In A Maritime Agreement Is Silent On The Issue?, Jay E. Grenig
Can Arbitrators Order Class Arbitration If The Arbitration Clause In A Maritime Agreement Is Silent On The Issue?, Jay E. Grenig
Faculty Publications
No abstract provided.
What Must An Inventor Show In Order To Demonstrate That His Method Is Patentable?, Kali Murray
What Must An Inventor Show In Order To Demonstrate That His Method Is Patentable?, Kali Murray
Faculty Publications
No abstract provided.
Keeping The Underclass In Its Place: Zoning, The Poor, And Residential Segregation, David Ray Papke
Keeping The Underclass In Its Place: Zoning, The Poor, And Residential Segregation, David Ray Papke
Faculty Publications
No abstract provided.
Sorry, No Remedy: Intersectionality And The Grand Irony Of Erisa, Paul M. Secunda
Sorry, No Remedy: Intersectionality And The Grand Irony Of Erisa, Paul M. Secunda
Faculty Publications
Congress enacted the Employee Retiree Income Security Act of 1974 (ERISA) to protect employees' retirement and welfare benefits. Nevertheless, the Act has been interpreted by the U.S Supreme Court over the years to be in essence an Employers' Security Act, with employers using ERISA to shield themselves against employee benefit-related claims. The flaw in the current ERISA scheme lies at the intersection of ERISA's preemption and remedial provisions. Courts broadly interpret the preemption provisions of ERISA to invalidate employee benefits-related state laws and then force employees to depend on an inadequate, "comprehensive and reticulated" remedial scheme. This “intersectionality” problem leads …
A Matter Of Context: Social Framework Evidence In Employment Discrimination Class Actions, Melissa Hart, Paul M. Secunda
A Matter Of Context: Social Framework Evidence In Employment Discrimination Class Actions, Melissa Hart, Paul M. Secunda
Faculty Publications
In litigation disputes over the certification of employment discrimination class actions, social scientists have come to play a central, yet controversial, role. Organizational behavioralists and social psychologists regularly testify for the plaintiffs, offering what is commonly referred to as social framework testimony. These experts explain the general social science research on the operation of stereotyping and bias in decisionmaking and examine the policies and practices operating in a challenged workplace to identify those that research has shown will tend to increase and those that will tend to limit the likely impact of these factors. Defendants fight hard against the admission …
Commercialized Intercollegiate Athletics: A Proposal For Targeted Reform Consistent With American Cultural Forces And Marketplace Realities, Matthew J. Mitten, James L. Musselman, Bruce W. Burton
Commercialized Intercollegiate Athletics: A Proposal For Targeted Reform Consistent With American Cultural Forces And Marketplace Realities, Matthew J. Mitten, James L. Musselman, Bruce W. Burton
Faculty Publications
This article observes that American society’s passion for intercollegiate sports competition is an extremely powerful, naturally evolved cultural force. The marketplace responds to cultural forces, and the commercialization of college sports directly reflects the marketplace realities of our society. For example, colleges and universities rationally use their intercollegiate athletic programs, particularly NCAA Division 1 FBS football and basketball, as a means to achieve a wide range of legitimate objectives of higher education. Thus, the authors advocate that university athletic department revenues should continue to be exempt from federal taxation, specifically the unrelated business income tax (UBIT), despite the increasingly commercialized …
Play Ball? An Analysis Of Final-Offer Arbitration, Its Use In Major League Baseball And Its Potential Applicability To European Football Wage And Transfer Disputes, Josh Chetwynd
Marquette Sports Law Review
No abstract provided.
Labor Relations In The National Hockey League: A Model Of Transnational Collective Bargaining, Mathieu Fournier, Dominic Roux
Labor Relations In The National Hockey League: A Model Of Transnational Collective Bargaining, Mathieu Fournier, Dominic Roux
Marquette Sports Law Review
No abstract provided.
2008 Antitrust Developments In Professional Sports: To The Single Entity And Beyond, James T. Mckeown
2008 Antitrust Developments In Professional Sports: To The Single Entity And Beyond, James T. Mckeown
Marquette Sports Law Review
No abstract provided.
What Goes Around, Comes Around: How Indian Tribes Can Profit In The Aftermath Of Seminole Tribe And Florida Prepaid, Jeremiah A. Bryar
What Goes Around, Comes Around: How Indian Tribes Can Profit In The Aftermath Of Seminole Tribe And Florida Prepaid, Jeremiah A. Bryar
Marquette Intellectual Property Law Review
Of the approximate 1.5 million American Indians living in the United States only 403,714 were employed in 2001 and nearly one-third of them lived below the poverty line. This article explains that one possible solution to American Indian poverty is the creation of sovereign chartered research groups that would be shielded by tribal sovereign immunity. In patent law there are exceptions to a patent owner's ability to bring a successful suit against patent infringers. One of these exceptions is when a sovereign, such as an American Indian tribe, infringes on a patent owner's patent. Tribal sovereign immunity means that American …
Rethinking The Role Of Clinical Trial Data In International Intellectual Property Law: The Case For A Public Goods Approach, Jerome H. Reichman
Rethinking The Role Of Clinical Trial Data In International Intellectual Property Law: The Case For A Public Goods Approach, Jerome H. Reichman
Marquette Intellectual Property Law Review
Clinical trials are currently used to test drugs; however, the risk and cost of clinical trials are increasing so drastically that the clinical trials may become unsustainable. This article evaluates the legal and economic trends of intellectual property protection for pharmaceutical clinical trial data. The protection of clinical trials has become an alternative to patents as market exclusivity encourages the development and testing of unpatentable pharmaceuticals. This author argues that clinical trials should be treated as a national and international public good instead of a private good and proposes that the government should oversee and fund the clinical trials to …
International Legal Protection Of Trademarks In China, Robert H. Hu
International Legal Protection Of Trademarks In China, Robert H. Hu
Marquette Intellectual Property Law Review
In China, the concept of intellectual property is relatively new. Chinese officials began taking steps towards trademark regulations in the 1950s, but it was not until 1982 that the first Chinese Trademark Law was enacted. Today, because of the growing global economy, China has had the highest number of trademark requests in the world for the fifth year in a row. In response to domestic and international pressures, Chinese trademark law and courts have had to adapt to the ever-changing landscape. This article first examines the development of Chinese intellectual property law through the international trademark agreements where China is …
Nanobiotechnology, Synthetic Biology, And Rnai: Patent Portfolios For Maximal Near-Term Commercialization And Commons For Maximal Long-Term Medical Gain, Thomas M. Mackey
Nanobiotechnology, Synthetic Biology, And Rnai: Patent Portfolios For Maximal Near-Term Commercialization And Commons For Maximal Long-Term Medical Gain, Thomas M. Mackey
Marquette Intellectual Property Law Review
This article examines patent portfolio construction and management of three nascent technologies: nanobiotechnology, synthetic biology, and interference RNA. The author outlines how a practitioner can use patent portfolios to help his or her client to maximize long-term gain. Finally, the article advocates changes that would remove barriers to patentability and increase patent quality.
Navigating The Safe Harbor Rule: The Need For A Dmca Compass, Tiffany N. Beaty
Navigating The Safe Harbor Rule: The Need For A Dmca Compass, Tiffany N. Beaty
Marquette Intellectual Property Law Review
The internet is a medium for more than just email and web browsing. Today, many internet users utilize the internet to access and share music, movies, and other types of media. Copyright law has attempted to keep up with the dynamic nature of the internet; however, this Comment posits it has only been marginally successful. The author examines whether the Safe Harbor Rule of the Digital Millennium Copyright Act (DCMA) is sufficient in balancing the need to protect copyright owners against the need for Internet Service Providers to be protected from third-party user suits. In doing so, the author concludes …
"Mixed Metaphors," Revisionist History And Post-Hypnotic Suggestions On The Interpretation Of Sports Antitrust Exemptions: The Second Circuit's Use In Clarett Of A Piazza-Like "Innovative Reinterpretation Of Supreme Court Dogma", Walter T. Champion, Jr.
Marquette Sports Law Review
No abstract provided.
Automatic Outs: Salary Arbitration In Nippon Professional Baseball, David L. Snyder
Automatic Outs: Salary Arbitration In Nippon Professional Baseball, David L. Snyder
Marquette Sports Law Review
No abstract provided.
A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Ed Edmonds
A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Ed Edmonds
Marquette Sports Law Review
No abstract provided.
Sports Arbitration And Enforcing Promises: Brian Shaw And Labor Arbitration, Roger I. Abrams
Sports Arbitration And Enforcing Promises: Brian Shaw And Labor Arbitration, Roger I. Abrams
Marquette Sports Law Review
No abstract provided.
European Football's Home-Grown Players Rules And Nationality Discrimination Under The European Community Treaty, Lloyd Freeburn
European Football's Home-Grown Players Rules And Nationality Discrimination Under The European Community Treaty, Lloyd Freeburn
Marquette Sports Law Review
No abstract provided.
Third And Long: The Issues Facing The Nfl Collective Bargaining Agreement Negotiations And The Effects Of An Uncapped Year, Michael J. Redding, Daniel R. Peterson
Third And Long: The Issues Facing The Nfl Collective Bargaining Agreement Negotiations And The Effects Of An Uncapped Year, Michael J. Redding, Daniel R. Peterson
Marquette Sports Law Review
No abstract provided.
Book Review: Getting On Base: Unionism In Baseball, Nicholas J. Rieder
Book Review: Getting On Base: Unionism In Baseball, Nicholas J. Rieder
Marquette Sports Law Review
No abstract provided.
2009 Master Of The Game Award Acknowledgement And Acceptance, Joseph D. Kearney, Joseph E. Tierney, Iii
2009 Master Of The Game Award Acknowledgement And Acceptance, Joseph D. Kearney, Joseph E. Tierney, Iii
Marquette Sports Law Review
No abstract provided.
Index: Sports Law In Law Reviews And Journals, Kristen E. Knauf
Index: Sports Law In Law Reviews And Journals, Kristen E. Knauf
Marquette Sports Law Review
No abstract provided.
Green Sports Facilities: Why Adopting New Green-Building Policies Will Improve The Environment And The Community, Alex B. Porteshawver
Green Sports Facilities: Why Adopting New Green-Building Policies Will Improve The Environment And The Community, Alex B. Porteshawver
Marquette Sports Law Review
No abstract provided.
Where Is The Privacy In Wada's "Whereabouts" Rule? , James Halt
Where Is The Privacy In Wada's "Whereabouts" Rule? , James Halt
Marquette Sports Law Review
No abstract provided.