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1999

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Articles 91 - 120 of 7805

Full-Text Articles in Law

Should The Tax Law Require Current Accrual Of Interest On Derivative Financial Instruments?, David A. Weisbach Dec 1999

Should The Tax Law Require Current Accrual Of Interest On Derivative Financial Instruments?, David A. Weisbach

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


The Law Of Group Polarization, Cass R. Sunstein Dec 1999

The Law Of Group Polarization, Cass R. Sunstein

Coase-Sandor Working Paper Series in Law and Economics

In a striking empirical regularity, deliberation tends to move groups, and the individuals who compose them, toward a more extreme point in the direction indicated by their own predeliberation judgments. For example, people who are opposed to the minimum wage are likely, after talking to each other, to be still more opposed; people who tend to support gun control are likely, after discussion, to support gun control with considerable enthusiasm; people who believe that global warming is a serious problem are likely, after discussion, to insist on severe measures to prevent global warming. This general phenomenon -- group polarization -- …


Genetic Diversity And The Politics Of Difference, Margaret Lock Dec 1999

Genetic Diversity And The Politics Of Difference, Margaret Lock

Chicago-Kent Law Review

No abstract provided.


Between Pretext Plus And Pretext Only: Shouldering The Effects Of Pretext On Employment Discrimination After St. Mary's Honor Center V. Hicks And Fisher V. Vassar College, Stefanie Vines Efrati Dec 1999

Between Pretext Plus And Pretext Only: Shouldering The Effects Of Pretext On Employment Discrimination After St. Mary's Honor Center V. Hicks And Fisher V. Vassar College, Stefanie Vines Efrati

Chicago-Kent Law Review

No abstract provided.


Past Sexual Conduct In Sexual Harassment Cases, Lisa Dowlen Linton Dec 1999

Past Sexual Conduct In Sexual Harassment Cases, Lisa Dowlen Linton

Chicago-Kent Law Review

No abstract provided.


Is Poetry Undemocratic?, Anthony T. Kronman Dec 1999

Is Poetry Undemocratic?, Anthony T. Kronman

Georgia State University Law Review

No abstract provided.


Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds Dec 1999

Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds

Federal Communications Law Journal

Several problems plague typical mass-market software licensing agreement, specifically that the public is powerless to negotiate and the terms often are perceived as exceedingly broad and restrictive. The Uniform Computer Information Transactions Act is designed to remedy those problems and establish the general enforceability of such agreements, with certain qualifications related to unconscionability, assent, and other caveats. UCITA, however, does not resolve, or even purport to resolve, the tension between federal copyright law and state contract law. This Note analyzes UCITA's attempt to resolve the enforceability issue; argues for an approach to preemption that promotes clarity and preserves the objectives …


Physicians For Professional Sports Teams: Health Care Under The Pressure Of Economic And Commercial Interests, Twila Keim Dec 1999

Physicians For Professional Sports Teams: Health Care Under The Pressure Of Economic And Commercial Interests, Twila Keim

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Closing The Campus Gates - Keeping Criminals Away From The University - The Story Of Student-Athlete Violence And Avoiding Institutional Liability For The Good Of All, Thomas N. Sweeney Dec 1999

Closing The Campus Gates - Keeping Criminals Away From The University - The Story Of Student-Athlete Violence And Avoiding Institutional Liability For The Good Of All, Thomas N. Sweeney

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Torts - New Jersey Tort Claims Act - Unimproved Property Immunity Does Not Relieve Liability From Negligently Supervising An Ocean Beach, Even If Such Supervision Is Voluntary - Fleuhr V. City Of Cape May, 697 A.2d 182 (N.J. Super. Ct. App. Div. 1997)., Jennifer A. Carr Dec 1999

Torts - New Jersey Tort Claims Act - Unimproved Property Immunity Does Not Relieve Liability From Negligently Supervising An Ocean Beach, Even If Such Supervision Is Voluntary - Fleuhr V. City Of Cape May, 697 A.2d 182 (N.J. Super. Ct. App. Div. 1997)., Jennifer A. Carr

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


The Ncaa Infractions Appeals Committee: Procedure, Precedent And Penalties, Kenneth J. Martin Dec 1999

The Ncaa Infractions Appeals Committee: Procedure, Precedent And Penalties, Kenneth J. Martin

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Torts - Defamation - An Athlete's Statements Regarding The Conduct Of His Agent Can Be Actionable Under State Defamation Laws - A.J. Faigin V. Kelly, 978 F. Supp. 420 (D.N.H. 1997)., Mark Gatto Dec 1999

Torts - Defamation - An Athlete's Statements Regarding The Conduct Of His Agent Can Be Actionable Under State Defamation Laws - A.J. Faigin V. Kelly, 978 F. Supp. 420 (D.N.H. 1997)., Mark Gatto

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Antitrust Law - Salary Cap - An Athletic Association Regulation That Limits The Salary Of Coaches Is An Unreasonable Restraint On The Free Market And Cannot Be Justified On The Grounds That It Promotes Competition - Law V. Ncaa, 134 F.3d 1010 (10th Cir. 1998)., Thomas Rowland Dec 1999

Antitrust Law - Salary Cap - An Athletic Association Regulation That Limits The Salary Of Coaches Is An Unreasonable Restraint On The Free Market And Cannot Be Justified On The Grounds That It Promotes Competition - Law V. Ncaa, 134 F.3d 1010 (10th Cir. 1998)., Thomas Rowland

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Antitrust - Restraint On Trade - National Football League Relocation Policies Do Not Create An Anticompetitive Environment - St. Louis Convention & Visitors Commission V. National Football League, 154 F.3d 851 (8th Cir. 1998)., Angela Scafuri Dec 1999

Antitrust - Restraint On Trade - National Football League Relocation Policies Do Not Create An Anticompetitive Environment - St. Louis Convention & Visitors Commission V. National Football League, 154 F.3d 851 (8th Cir. 1998)., Angela Scafuri

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Civil Rights - Americans With Disabilities Act - The Pga Is Subject To The Ada Because It Is Not A Private Club And Its Tournaments Are Places Of Public Accommodation - Martin V. Pga Tour Inc., 994 F. Supp. 1242 (D. Or. 1998)., Tracy Elizabeth Walsh Dec 1999

Civil Rights - Americans With Disabilities Act - The Pga Is Subject To The Ada Because It Is Not A Private Club And Its Tournaments Are Places Of Public Accommodation - Martin V. Pga Tour Inc., 994 F. Supp. 1242 (D. Or. 1998)., Tracy Elizabeth Walsh

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


The Foster Care Dilemma And What To Do About It: Is The Problem That Too Many Children Are Not Being Adopted Out Of Foster Care Or That Too Many Children Are Entering Foster Care?, Martin Guggenheim Dec 1999

The Foster Care Dilemma And What To Do About It: Is The Problem That Too Many Children Are Not Being Adopted Out Of Foster Care Or That Too Many Children Are Entering Foster Care?, Martin Guggenheim

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis Dec 1999

The Inevitable Infidelities Of Constitutional Translation: The Case Of The New Deal, John O. Mcginnis

William & Mary Law Review

No abstract provided.


The Danger Of Value-Laden Investigation In Child Sexual Abuse Cases: Are Defendants' Constitutional Rights Violated When Mental Health Professionals Offer Testimony Based On Children's Hearsay Statements And Behaviors?, Lynne Celander Desarbo Dec 1999

The Danger Of Value-Laden Investigation In Child Sexual Abuse Cases: Are Defendants' Constitutional Rights Violated When Mental Health Professionals Offer Testimony Based On Children's Hearsay Statements And Behaviors?, Lynne Celander Desarbo

University of Pennsylvania Journal of Constitutional Law

No abstract provided.


Changing The Law In Child Abuse And Neglect Proceedings: An Improvement On Improvement Periods, Morgan E. Persinger Dec 1999

Changing The Law In Child Abuse And Neglect Proceedings: An Improvement On Improvement Periods, Morgan E. Persinger

West Virginia Law Review

No abstract provided.


Library Notes Vol. 19, No. 4 Dec 1999

Library Notes Vol. 19, No. 4

Library Notes

No abstract provided.


Strike Two: An Analysis Of The Child Online Protection Act’S Constitutional Failures, Heather L. Miller Dec 1999

Strike Two: An Analysis Of The Child Online Protection Act’S Constitutional Failures, Heather L. Miller

Federal Communications Law Journal

Congress's first attempt to regulate minors' access to sexually explicit material via the Internet failed. Congress responded with the Child Online Protection Act, which, despite its narrower scope, cannot withstand constitutional scrutiny. This Notes delves into the constitutionality of Congress's second attempt by addressing the difficulty of applying the vague "harmful to minors" definition to the Internet medium and the economic and technological unavailability of the Act's affirmative defenses. This Note concludes with an explanation as to why legislation is an ineffective mechanism to address the problem of minors' access to online pornography.


Federal Court Jurisdiction Over Private Tcpa Claims: Why The Federal Courts Of Appeals Got It Right, Kevin N. Tharp Dec 1999

Federal Court Jurisdiction Over Private Tcpa Claims: Why The Federal Courts Of Appeals Got It Right, Kevin N. Tharp

Federal Communications Law Journal

The Telephone Consumer Protection Act of 1991 protects the privacy interests of residential telephone subscribers by placing restrictions on unsolicited, automated telephone calls to the home and facilitates interstate commerce by restricting certain uses of facsimile machines and automatic dialers. Since the statute is silent regarding federal district court jurisdiction over private TCPA claims, federal courts scramble in search for existing law to support their conclusions that the TCPA divests federal district courts of jurisdiction over private TCPA claims. In addition to the reasoning offered by the circuit courts, this Notes discusses the jurisdiction issue and adds an important reason …


The Constitutionality Of The Driver’S Privacy Protection Act: A Fork In The Information Access Road, Angela R. Karras Dec 1999

The Constitutionality Of The Driver’S Privacy Protection Act: A Fork In The Information Access Road, Angela R. Karras

Federal Communications Law Journal

The Driver's Privacy Protection Act, instituted in 1997, regulates the disclosure of personal information in motor vehicle records. New controversy surrounds it today as the U.S. Supreme Court evaluates the arguments presented in November 1999 regarding its constitutionality. A split among circuit courts, coupled with the tremendous growth in technology and subsequent new in-roads for information access, draw increased attention toward the Act. The concern for information access in light of the Act, however, reaches beyond the courts' elucidated concerns about dual sovereignty and the public's right to privacy. This Note argues that there is a forgotten argument: the Act's …


Table Of Contents Dec 1999

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Out Of Bounds: How Sexual Abuse Of Athletes At The Hands Of Their Coaches Is Costing The World Of Sports Millions, Danielle Deak Dec 1999

Out Of Bounds: How Sexual Abuse Of Athletes At The Hands Of Their Coaches Is Costing The World Of Sports Millions, Danielle Deak

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Table Of Contents Dec 1999

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Can't Anybody Here Run This Game? The Past, Present And Future Of Major League Baseball, Daniel C. Glazer Dec 1999

Can't Anybody Here Run This Game? The Past, Present And Future Of Major League Baseball, Daniel C. Glazer

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Educational Necessity Or Simple Discrimination: The Ncaa's Initial Eligibility Standards And Prop. 16, Michael Thompson Dec 1999

Educational Necessity Or Simple Discrimination: The Ncaa's Initial Eligibility Standards And Prop. 16, Michael Thompson

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Current And Proposed Federal Regulation Of Professional Boxing, Jonathan S. Mcelroy Dec 1999

Current And Proposed Federal Regulation Of Professional Boxing, Jonathan S. Mcelroy

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Where Are We Headed With Mandatory Arbitration Of Statutory Claims In Employment?, Harry T. Edwards Dec 1999

Where Are We Headed With Mandatory Arbitration Of Statutory Claims In Employment?, Harry T. Edwards

Georgia State University Law Review

No abstract provided.