Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Entertainment, Arts, and Sports Law (20)
- Legal History (12)
- Environmental Law (11)
- Tax Law (9)
- Business Organizations Law (8)
-
- Constitutional Law (7)
- Banking and Finance Law (6)
- Taxation-Transnational (6)
- Administrative Law (4)
- Religion Law (4)
- Civil Rights and Discrimination (3)
- Criminal Law (3)
- European Law (3)
- Intellectual Property Law (3)
- Jurisprudence (3)
- Medical Jurisprudence (3)
- Civil Procedure (2)
- Courts (2)
- Evidence (2)
- International Law (2)
- Judges (2)
- Legal Ethics and Professional Responsibility (2)
- Agriculture Law (1)
- Antitrust and Trade Regulation (1)
- Bankruptcy Law (1)
- Common Law (1)
- Comparative and Foreign Law (1)
- Computer Law (1)
- Contracts (1)
- Keyword
-
- United States (9)
- Etc. (6)
- Laws (5)
- Actions & defenses (Law) (2)
- Actions & defenses (Law) -- United States (2)
-
- Civil procedure (2)
- Collective bargaining -- Sports (2)
- Common law (2)
- Competition (Economics) (2)
- Judgments (2)
- National Collegiate Athletic Association (2)
- United States. Sherman Act (2)
- 1929-1968 (1)
- 1934- (1)
- 1944- (1)
- 1948- (1)
- 1953- (1)
- 1962- (1)
- Addresses (1)
- Administrative discretion (Law) -- California (1)
- Advertising laws -- United States (1)
- Alcohol -- Law & legislation (1)
- Angela P. (1)
- Antitrust law exemptions (1)
- Art dealers -- Legal status (1)
- Art thefts -- Law & legislation (1)
- Art thieves -- Legal status (1)
- Ashcroft v. Iqbal (Supreme Court case) (1)
- Athletics -- Law & legislation (1)
- Baseball team owners -- United States (1)
- Publication
- Publication Type
Articles 1 - 30 of 88
Full-Text Articles in Law
Subsidiarity In The Tradition Of Catholic Social Doctrine, Patrick Mckinley Brennan
Subsidiarity In The Tradition Of Catholic Social Doctrine, Patrick Mckinley Brennan
Working Paper Series
This chapter is an invited contribution to the first English-language comparative study of subsidiarity, M. Evans and A. Zimmerman (eds.), Subsidiarity in Comparative Perspective (forthcoming Springer, 2013). The concept of subsidiarity does work in many and varied legal contexts today, but the concept originated in Catholic social doctrine. The Catholic understanding of subsidiarity (or subsidiary function) is the subject of this chapter. Subsidiarity is often described as a norm calling for the devolution of power or for performing social functions at the lowest possible level. In Catholic social doctrine, it is neither. Subsidiarity is the fixed and immovable ontological principle …
Financial Disability For All, T. Keith Fogg
Financial Disability For All, T. Keith Fogg
Working Paper Series
The Internal Revenue Code has four discreet sections that allow late filing of claims and other documents under the circumstances described in those sections. The IRS has promulgated a procedural regulation that allows it to permit late elections under prescribed circumstances. Neither the Code sections nor the Regulation cover all of the circumstances in which taxpayers have a good excuse for missing a time frame. The current provisions have developed in an ad hoc manner. More ad hoc development of this area is possible as equitable tolling litigation seeks to open up time frames under the Code despite the efforts …
Mission: Impossible, Mission: Accomplished Or Mission: Underway? A Survey And Analysis Of Current Trends In Professionalism Education In American Law Schools, Mary Ann Robinson
Mission: Impossible, Mission: Accomplished Or Mission: Underway? A Survey And Analysis Of Current Trends In Professionalism Education In American Law Schools, Mary Ann Robinson
Working Paper Series
This Article identifies common characteristics of effective professionalism instruction to provide guidance in how to design innovative professionalism instruction. After introducing the topic in Part I, Part II of this Article describes the origins and development of the professionalism education movement in American Law schools. Part III of this Article explains our methods for collecting information and identifies and summarizes the predominant trends, and provides examples of noteworthy programs or initiatives. Part IV concludes by describing our method for assessing successful programs and identifying the characteristics of effective professionalism instruction.
Two Cheers For The Constitution Of The United States: A Response To Professor Lee J. Strang, Patrick Mckinley Brennan
Two Cheers For The Constitution Of The United States: A Response To Professor Lee J. Strang, Patrick Mckinley Brennan
Working Paper Series
This article is an invited response to Professor Lee Strang’s article Originalism and the Aristotelian Tradition: Virtue’s Home in Originalism, 80 Fordham L. Rev. 1997 (2012). Strang defends original public meaning originalism from a virtue theoretic perspective that he traces to the “central Western tradition” and ultimately to Aristotle. I reply that those committed to that tradition do better (1) to reject original pubic meaning originalism, (2) to embrace some version of original intent originalism, and (3) to defend the original intent meaning of the U.S. Constitution only with important reservations and on certain conditions. The original sin of …
Gender Non-Conformity As A Foundation For Sex Discrimination: Why Title Ix May Be An Appropriate Remedy For The Ncaa's Transgender Student-Athletes, Jennifer V. Sinisi
Gender Non-Conformity As A Foundation For Sex Discrimination: Why Title Ix May Be An Appropriate Remedy For The Ncaa's Transgender Student-Athletes, Jennifer V. Sinisi
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Settling Cultural Property Disputes, Amy Bitterman
Settling Cultural Property Disputes, Amy Bitterman
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Don Fehr Trades His Ball For A Puck: Will He Continue To Score, Jordan I. Kobritz, Jeffrey F. Levine, Steven C. Palmer
Don Fehr Trades His Ball For A Puck: Will He Continue To Score, Jordan I. Kobritz, Jeffrey F. Levine, Steven C. Palmer
Jeffrey S. Moorad Sports Law Journal
The article discusses former Major League Baseball Players' Association (MLBPA) Executive Director Donald Fehr and his decision to help the National Hockey League Players' Association (NHLPA) with the reforming of its constitution and its search for a director. The NHLPA's plan to use Fehr in its collective bargaining agreement (CBA) negotiations with the National Hockey League (NHL) in 2012 is also addressed.
Food Fight: The Impending Agricultural Crisis And A Reasonable Response To Price Volatility, Aaron Sternick
Food Fight: The Impending Agricultural Crisis And A Reasonable Response To Price Volatility, Aaron Sternick
Villanova Environmental Law Journal
No abstract provided.
Permitting Student-Athletes To Accept Endorsement Deals: A Solution To The Financial Corruption Of College Athletics Created By Unethical Sports Agents And The Ncaa's Revenue-Generating Scheme, Michael A. Corgan
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Necessity Defense To Felon-In-Possession Charges: The Third Circuit Justifies A Federal Justification Defense In Virgin Islands V. Lewis, Kathryn Maza
Villanova Law Review
The article presents information on the conceptions of morality and justice and the maximization of social welfare. The defense of necessity, its common law justification and the recognition of federal justification defense are discussed. The decisions made by the Third Circuit of the U.S. Court of Appeals in the trial of Virgin Islands v. Lewis, the judicial duty and the justification doctrine are also discussed.
Burying The Inevitable Disclosure Doctrine In The Nooks And Crannies: The Third Circuit's Liberal Standard For Trade Secret Misappropriation In Bimbo Bakeries Usa, Inc. V. Botticella, Joseph J. Mahady
Villanova Law Review
The article presents information on the value of trade secrets and the close attention paid by the government officials and company executives on the related knowledge possessed by the American employees. The improved portability of digital information, competitiveness of the U.S. economy and weak job market due to poor economic conditions are discussed. The public policy related to employee mobility is also discussed with reference to the trial of Bimbo Bakeries USA, Inc. v. Botticella.
Lawyering As Peacemaking, Angela P. Harris
Lawyering As Peacemaking, Angela P. Harris
Villanova Law Review
A lecture by Angela P. Harris titled "Lawyer As Peacemaking," given University of California, Davis, is presented on the topic of civil rights activist Martin Luther King Jr.'s speech "The Quest for Peace and Justice." Topics include the civil rights movement in the U.S., the ways in which attorneys can contribute to the peace process, and lawyers' commitment to justice.
Private Transfer Fees: Developer Exploitation Or Legitimate Financing Vehicle, Burke T. Ward, Jamie P. Hopkins
Private Transfer Fees: Developer Exploitation Or Legitimate Financing Vehicle, Burke T. Ward, Jamie P. Hopkins
Villanova Law Review
A private transfer fee (PTF) is typically created when a developer or homeowner decides to attach a covenant to the title of the home. This covenant, the PTF covenant, attaches the PTF to the real property. These covenants require payment of a fee—typically stated as one percent of the property's sale price—upon each resale or transfer of the property and often survive for a period of ninety-nine years. The recipients or owners of the PTF (PTF beneficiaries) can be almost anyone, including property developers, PTF developers, home owner associations (HOA), private investors, state governments, and non-profit charities. Usually, the PTF …
Response To Candace Vogler, "In Support Of Moral Absolutes", Michael P. Moreland
Response To Candace Vogler, "In Support Of Moral Absolutes", Michael P. Moreland
Villanova Law Review
No abstract provided.
Brady V. Nfl: How The Eighth Circuit Saved The 2011 Nfl Season By Supporting Negotiation, Not Litigation, Erick V. Passer
Brady V. Nfl: How The Eighth Circuit Saved The 2011 Nfl Season By Supporting Negotiation, Not Litigation, Erick V. Passer
Jeffrey S. Moorad Sports Law Journal
The article discusses the United States District Court for the District of Minnesota case Brady v. National Football League (NFL) which deals with the NFL players' attempt to obtain a preliminary injunction to prevent the NFL from locking them out during the NFL's collective bargaining agreement (CBA) negotiations with the NFL Payers Association (NFLPA). The U.S. Sherman Anti-Trust Act is also addressed.
Actually, We Did Start The Fire, And It Keeps On Burning: The Environmental Health Effects Of Military Burn Pits In Afghanistan And Iraq, Michael Riess
Villanova Environmental Law Journal
No abstract provided.
From Tailwind To Typhoon: Alliance To Protect Nantucket Sound, Inc. V. Energy Facilities Siting Bd. Blows Federal Jurisdiction Inland And Creates Dangerous Precedent Under Slipshod Interpretation, Spencer Curtis
Villanova Environmental Law Journal
No abstract provided.
The California Project: Federal Government Continues Trend Of Preempting State Law In The Field Of Nuclear Safety In Boeing Co. V. Robinson, Denis Yanishevskiy
The California Project: Federal Government Continues Trend Of Preempting State Law In The Field Of Nuclear Safety In Boeing Co. V. Robinson, Denis Yanishevskiy
Villanova Environmental Law Journal
No abstract provided.
Is United States Corporate Tax Policy Outsourcing America - A Critical Analysis Of The Proposed Tax Holiday For Trapped Cfc Earnings, Robert Bloink
Is United States Corporate Tax Policy Outsourcing America - A Critical Analysis Of The Proposed Tax Holiday For Trapped Cfc Earnings, Robert Bloink
Villanova Law Review
THE debate about how best to reform U.S. corporate tax policy has focused almost exclusively on making U.S. corporations more competitive globally. But the debate often glosses over tax policy's effect on the ultimate beneficiaries of corporate success and failure—U.S. corporate stakeholders. The assumption often has been that healthy, competitive U.S. corporations equal healthy stakeholders—including shareholders, employees, and the U.S. populace as a whole. However, recent economic research has brought the assumption of "trickle down" success into question. This Article suggests an alternate path focused on enhancing the competitiveness of U.S. MNCs in the global economy while enhancing the welfare …
Occupying America: Dr. Martin Luther King, Jr., The American Dream, And The Challenge Of Socio-Economic Inequality, Trina Jones
Occupying America: Dr. Martin Luther King, Jr., The American Dream, And The Challenge Of Socio-Economic Inequality, Trina Jones
Villanova Law Review
No abstract provided.
Send Me A Picture Baby, You Know I'D Never Leak It: The Role Of Miller V. Mitchell In The Ongoing Debate Concerning The Prosecution Of Sexting, Mallory M. Briggs
Send Me A Picture Baby, You Know I'D Never Leak It: The Role Of Miller V. Mitchell In The Ongoing Debate Concerning The Prosecution Of Sexting, Mallory M. Briggs
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Sister Wives: A New Beginning For United States Polygamist Families On The Eve Of Polygamy Prosecution, Katilin R. Mcginnis
Sister Wives: A New Beginning For United States Polygamist Families On The Eve Of Polygamy Prosecution, Katilin R. Mcginnis
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Perplexing Precedent: United States V. Stevens Confounds A Century Of Supreme Court Conventionalism And Redefines The Limits Of Entertainment, Meredith L. Shafer
Perplexing Precedent: United States V. Stevens Confounds A Century Of Supreme Court Conventionalism And Redefines The Limits Of Entertainment, Meredith L. Shafer
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Defining Public Concern After Snyder V. Phelps: A Pliable Standard Mingles With News Media Complicity, Clay Calvert
Defining Public Concern After Snyder V. Phelps: A Pliable Standard Mingles With News Media Complicity, Clay Calvert
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
The Limited Protections Of Intellectual Property Law For The Variety Arts: Protecting Zacchini, Houdini, And Cirque Du Soleil, Sara J. Crasson
The Limited Protections Of Intellectual Property Law For The Variety Arts: Protecting Zacchini, Houdini, And Cirque Du Soleil, Sara J. Crasson
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
The Paper Case: The Neutral Reportage Privilege In Defamation Cases And Its Impact On The First Amendment, Shelly Rosenfeld
The Paper Case: The Neutral Reportage Privilege In Defamation Cases And Its Impact On The First Amendment, Shelly Rosenfeld
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Home Field Advantage: Determining The Appropriate Turf For Williams V. National Football League And Clarifying Preemption Precedent, Dana A. Gittleman
Home Field Advantage: Determining The Appropriate Turf For Williams V. National Football League And Clarifying Preemption Precedent, Dana A. Gittleman
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Moneyball's Impact On Business And Sports, Jeffrey S. Moorad, Billy Beane, Omar Minaya, Phil Griffin
Moneyball's Impact On Business And Sports, Jeffrey S. Moorad, Billy Beane, Omar Minaya, Phil Griffin
Jeffrey S. Moorad Sports Law Journal
The article presents a transcript of the "'Moneyball's' Impact on Business and Sports" panel discussion which was held as part of the annual Villanova Sports and Entertainment Law Journal Symposium in Villanova, Pennsylvania in February 2012. The panel, which featured former Pennsylvania Governor Edward G. Rendell and Oakland Athletics baseball team General Manager Billy Beane, discussed the impact of Michael Lewis' book "Moneyball: The Art of Winning an Unfair Game" on the game of baseball.
The Right Of Publicity In New York And California: A Critical Analysis, Paul Czarnota
The Right Of Publicity In New York And California: A Critical Analysis, Paul Czarnota
Jeffrey S. Moorad Sports Law Journal
The article provides an analysis of the right of publicity under the state laws of New York and California as of September 2012, focusing on the application of the laws to celebrities and the illegal use of their identities in advertising and trade. The New York right to publicity tort laws reportedly protect a celebrity's name, portrait, and voice from unauthorized use by third parties. The New York case Roberson v. Rochester Folding Box Co. is also mentioned.
The Worst Form Of Championship, Except For All Of The Others That Have Been Tried: Analyzing The Potential Anti-Trust Vulnerability Of The Bowl Championship Series, David L. Ricci
Jeffrey S. Moorad Sports Law Journal
The article discusses the U.S. college football Bowl Championship Series (BCS) as of September 2012, focusing on the potential anti-trust implications of the National Collegiate Athletic Association's (NCAA) BCS system of individual bowl games, as well as several calls for the NCAA to implement a traditional playoff system for determining a national champion. The possibility of a successful Sherman Anti-Trust Act lawsuit against the NCAA is also addressed.