Law Commons^™

Toward A Pragmatic Understanding Of Status-Consciousness: The Case Of Deregulated Education, Tomiko Brown-Nagin

Duke Law Journal

This Article discusses the relationship between federal equal protection doctrine and the states' experiment with deregulated education-in particular, charter schools whose student bodies are identifiable on the basis of status. I argue that the states' experiment with deregulated education and the Supreme Court's understanding of the limitations imposed by the federal Equal Protection Clause on status-conscious state action are substantially in conflict, though not inevitably so. Reconciling state policy and federal constitutional law requires, first, that state legislatures draft laws that are consistent with the Court's skepticism of explicitly status-conscious state action, and its ambivalence toward state action that addresses …

Slouching Toward Barbarism--The Quest To Limit Partial Birth Abortion After Stenberg V. Carhart, Todd Goudy

West Virginia Law Review

No abstract provided.

Journal Staff

Duke Law Journal

No abstract provided.

Tort Law - Recreational Activity - Standard Of Care - Co-Participants In Recreational Activities Owe Each Other A Duty Not To Act Recklessly - Ritchie-Gamester V. City Of Berkley, 597 N.W.2d 517 (Mich. 1999)., Melissa Cohen

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Athlete Agent Solicitation Of Athlete Clients: Statutory Authorization And Prohibition, Diane Sudia, Rob Remis

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Helping Those Who Help Themselves: The Fourth Circuit's Treatment Of Agreements To Arbitrate Statutory Employment Discrimination Claims In Brown V. Abf Freight Systems, Inc. And Eeoc V. Waffle House, Inc., John E. Taylor

North Carolina Law Review

No abstract provided.

Worker's Compensation, H. Michael Bagley, Daniel C. Kniffen, Katherine D. Dixon, Marion Handley Martin

Mercer Law Review

For workers' compensation, the 1999-2000 survey period was largely notable for a number of legislative changes and for another year in which Georgia's appellate courts dealt with numerous cases interpreting the exclusive remedy provisions of the Workers' Compensation Act. As always, however, the appellate courts also decided numerous workers' compensation cases, with issues ranging from the "any evidence" rule to superior court judgments.

Additional legislative activity is possible in the coming year as a special commission appointed by Governor Barnes readies a report, due in April 2001, on proposed changes to the workers' compensation system.

The Puzzling Case Of The Revenue-Maximizing Lottery, Lawrence Zelenak

North Carolina Law Review

No abstract provided.

Real Property, T. Daniel Brannan, William J. Sheppard

Mercer Law Review

This Article surveys case law and legislative developments in the area of real property law in Georgia during the period from June 1, 1999, to May 31, 2000. As in past surveys, the authors do not attempt to chronicle each case and statute that affects real property law. Rather, the authors selected the decisions and statutes discussed in this Article for their significance and interest to participants in the everyday practice of real estate law in this state. Several cases discussed below revisited issues from recent surveys and enlarged upon or clarified the holdings from those prior cases.

• Title to …

The Mixed Messages Of Title Ix, Sherman J. Clark

University of Michigan Journal of Law Reform

Introduction to a University of Michigan Journal of Law Reform Symposium entitled Competing in the 21st Century: Title IX, Gender Equity, and Athletics.

The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake

University of Michigan Journal of Law Reform

Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women in sport. …

Pay Equity For Coaches And Athletic Administrators: An Element Of Title Ix?, Barbara Osborne, Marilyn V. Yarbrough

University of Michigan Journal of Law Reform

In this Article, Professors Osborne and Yarbrough address the issue of gender discrimination in the compensation of coaches and athletic administrators. They discuss the application of the Equal Pay Act of 1963 and Title VII to pay inequity claims and conclude that both have proven to be inadequate as a means of addressing the problem. Professors Osborne and Yarbrough then present Title IX as a way of countering the problem of gender discrimination in the compensation of coaches. They also discuss the prospects for gender equality in compensation by considering several cases addressing the issue. Finally, they offer recommendations both …

Equally Bad Is Not Good: Allowing Title Ix "Compliance" By The Elimination Of Men's Collegiate Sports, Donald E. Shelton

University of Michigan Journal of Law Reform

Athletic participation is an important part of the educational process, instilling important lessons about discipline and teamwork. Title IX was intended to address the historic lack of opportunities for women and girls to participate in school athletics. Unfortunately, the current administrative interpretation of Title IX permits the elimination of male athletic opportunities as a means of complying with the statute's equality standard. This result undermines the purpose of Title IX and the role of athletics in the educational process for all students.

The Prospective Effects Of Modifying Existing Law To Accommodate Preemptive Self-Defense By Battered Women, Martin E. Veinsreideris

University of Pennsylvania Law Review

No abstract provided.

Table Of Contents - Issue 2, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Reducing The Overburden: The Doris Coal Presumption And Administrative Efficiency Under The Black Lung Benefits Act, Eric R. Olson

Michigan Law Review

Coal dust build-up prevents many coal miners' lungs from functioning properly. This condition, commonly referred to as black lung or pneumoconiosis, can make common activities nearly impossible. The Black Lung Benefits Act covers the cost of medical treatment for many affected miners, though procedural impediments often prevent miners from receiving care. The miner's current or former employer, when identifiable, must pay for medical care relating to the miner's black lung. Most disputes over miners' claims for medical care arise when the miner has a history of cigarette smoking and the need for medical care could arise from either coal dust …

Markets For Nature, Barton H. Thompson Jr.

William & Mary Environmental Law and Policy Review

No abstract provided.

A New Copyright Order: Why National Courts Should Create Global Norms, Graeme B. Dinwoodie

University of Pennsylvania Law Review

No abstract provided.

The Second Amendment: Structure, History, And Constitutional Change, David Yassky

Michigan Law Review

A fierce debate about the Second Amendment has been percolating in academia for two decades, and has now bubbled through to the courts. The question at the heart of this debate is whether the Amendment restricts the government's ability to regulate the private possession of firearms. Since at least 1939 - when the Supreme Court decided United States v. Miller, its only decision squarely addressing the scope of the right to "keep and bear Arms" - the answer to that question has been an unqualified "no." Courts have brushed aside Second Amendment challenges to gun control legislation, reading the Amendment …

Citizen Suits Against Tribal Governments And Tribal Officials Under Federal Environmental Laws, Michael P. O'Connell

Tulsa Law Review

No abstract provided.

Contract Support Funding And The Federal Policy Of Indian Tribal Self-Determination, S. Bobo Dean

Tulsa Law Review

No abstract provided.

Uniform Laws: Possible Useful Tribal Legislation, Fred H. Miller, Duchess Bartmess

Tulsa Law Review

No abstract provided.

Traces Of Violence: Gadamer, Habermas, And The Hate Speech Problem, R. George Wright

Chicago-Kent Law Review

This Article offers fresh insight into the controversial issue of hate speech regulation by borrowing major themes from the works of Hans-Georg Gadamer and Jürgen Habermas. Wright emphasizes Gadamer's connection between language and historical traditions to demonstrate how hate speech differs from any real attempt at genuine speaking. Wright then focuses on Habermas's notion of a communicative ideal that helps differentiate between speakers who intend to invite open discourse and typical epithet speakers who likely have no such purpose. Wright concludes that the contributions of Gadamer and Habermas enable us to determine what types of speech promote the values underlying …

The Court's Use Of The Implicit Divestiture Doctrine To Implement Its Imperfect Notion Of Federalism In Indian Country, Alex Tallchief Skibine

Tulsa Law Review

No abstract provided.

Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith

University of Pennsylvania Law Review

No abstract provided.

The Quest To Reprogram Cultural Software: A Hermeneutical Response To Jack Balkin's Theory Of Ideology And Critique, Francis J. Mootz Iii

Chicago-Kent Law Review

In his recent book, Cultural Software, Jack Balkin offers a new approach to ideology and critical theory in an effort to overcome the deficiencies he finds in Hans-Georg Gadamer's hermeneutical account. This Article demonstrates that the productive aspects of Balkin's theory are central to Gadamer's philosophy, and the unproductive elements in Balkin's theory are best explained by his deviation from Gadamer's philosophical hermeneutics. Mootz rejects Balkin's transcendental argument in favor of Gadamer's insistence that critique is a feature of hermeneutical experience and that critical theory is the practice of maximizing the critical distance that occurs only within hermeneutical engagements. …

Recent Works On The History Of U.S. Indian Policy, Tim Alan Garrison

Tulsa Law Review

No abstract provided.

Torts, Deron R. Hicks, Jacob E. Daly

Mercer Law Review

• Dog Bite
• Intentional Infliction of Emotional Distress
• Premises Liability
• Carriers
• Products Liability
• Bovine Jurisprudence

Melting Into Air? Downsizing, Job Stability, And The Future Of Work, Sanford M. Jacoby

Chicago-Kent Law Review

Contrary to popular belief, career-type employment practices remain the norm in the U.S. labor market, and employers continue to shoulder risks for employees. Evidence to support this claim is drawn from a variety of sources: data on tenure and mobility; analysis of new job creation and job quality; recent employer responses to labor-market tightness; and data on wage premiums, fringe benefits, and training. Yet employees are bearing more risk today, including risk of job loss and of compensation fluctuations. This is an important change from the past. Nevertheless, there are limits—economic, demographic, and political—to the risk-shifting process.

Full Faith And Credit: Are Oklahoma Tribal Courts Finally Getting The Respect They Deserve , Shelly Grunsted, Joseph H. Webster

Tulsa Law Review

No abstract provided.