Law Commons^™

Too Many Men On The Field: Why Congress Should Punt On The Antitrust Debate Overshadowing Collegiate Football And The Bowl Championship Series, Timothy Kober

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Caught In The Middle: The Effect Of Increased Visa Requirements On Non-Profit Performing Art Organizations, Sara Elizabeth Macks

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Rock 'N' Roll Suicide: Why Heavy Metal Musicians Cannot Be Held Responsible For The Violent Acts Of Their Listeners, Matthew Sampar

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

A Call For The End Of The False Light Invasion Of Privacy Action As It Relates To Docudramas, Susan Hallander

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Oh, What A Tangled Web We Weave: Reality Tv Shines A False Light On Lady Duff-Gordon, Walter T. Champion Jr.

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Native American Mascots And Team Names: Throw Away The Key; The Lanham Act Is Locked For Future Trademark Challenges, Christian Dennie

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Is It Time To Revisit The Fairness Doctrine In Response To The Federal Communications Commission's Proposed Media Ownership Rules?, Roy J. Thibodaux Iii

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Trial Practice And Procedure, Jason Crawford, J. Clay Fuller, Dustin T. Brown, Kate S. Cook, E. Wycliffe Orr

Mercer Law Review

This survey period included significant legislative changes and yielded several interesting and important decisions to practitioners who prepare and try cases. This Article addresses judicial opinions that cover, among other topics that interest the trial practitioner, issues of damages, discovery, products liability, torts, standing, and sovereign immunity. The Article also highlights important changes in Georgia's statutory law that significantly impact trial practice.

Table Of Contents, Volume 4, Number 1, 2005, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume Four, Issue Number One.

Masthead, Volume 4, Number 1, 2005, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume Four, Issue Number One.

The Pinkerton Doctrine And Murder, Matthew A. Pauley

The University of New Hampshire Law Review

[Excerpt] "Suppose that A hires B to rob a bank in Massachusetts and A then hires C to rob a bank in Rhode Island. B and C have not met face to face, but each knows he is part of a conspiracy to rob banks in more than one state. All agree that no one will be killed in the robberies. A then procures D to get a car for use in the robberies. B uses D’s car to rob his bank. During the robbery of C’s bank, C pulls out a gun and shoots and kills the bank guard. …

The Procedural Due Process Requirements For No-Fly Lists, Soumya Panda

The University of New Hampshire Law Review

[Excerpt] “Imagine arriving at the airport and checking in at the ticketing booth. You tell the ticketing agent your name, your flight number, and show the agent your identification. The agent enters the information into the terminal and a look of shock appears on his or her face. While other passengers are waiting behind you, the agent calls for security and mentions in front of other passengers that you are denied from boarding the plane. Now imagine that you are a famous United States senator arriving from a political convention and the ticketing agent tells you that you cannot board …

Bayer Ag V. Housey Pharmaceuticals: Protection For Biotechnological Research Tools Under Section 271(G) Found Wanting, Matthew Barthalow

The University of New Hampshire Law Review

[Excerpt] "Research tools, a subset of biotechnological inventions protected by process patents, are “tools that scientists use in the laboratory, including cell lines, monoclonal antibodies, reagents, animal models, growth factors, combinatorial chemistry and DNA libraries, clones and cloning tools (such as PCR), methods, laboratory equipment and machines.” Many companies base their business models on the ability to find pharmaceutical products using their proprietary drug discovery research tools. Research tools used for drug discovery ‘include bioinformatic methods for identifying the interaction of certain proteins and their association with disease, methods for confirming protein targets, screening assays to identify molecules active against …

Higher Education Attorneys’ Perceptions Regarding Academic Freedom And Challenges To Academic Freedom, Manuel R. Rupe

Dissertations

Higher education attorneys have emerged in recent years as integral participants in the decision and policymaking processes within American higher educationinstitutions. The perceptions of higher education attorneys regarding academic freedom, including professorial, institutional, and student academic freedom, may significantly impact how higher education institutions respond to modern challenges to such freedom. Key challenges to academic freedom as identified in the literature were categorized into four groups for this study (a) judicial or governmental challenges, (b) internal or collegial challenges, (c) institutionalchallenges, and (d) outside or extra-institutional challenges.

An Internet-based survey was sent to higher education attorneys who subscribed to the …

Leopold & Morel: A Story Of ‘Free Trade’ And ‘Native Rights’ In The Congo Free State, Padideh Ala'i

Working Papers

This article explores the role of the doctrine of free trade in the creation of the Congo State in 1885 and the relationship between free trade and native rights with respect to the subsequent campaign to reform the colonial administration of the Congo State. On one hand, King Leopold II of Belgium successfully used the rhetoric of free trade and native rights to camouflage his personal ambitions in Africa. He set up international associations with the stated aim of "exploring and civilizing Africa" through "legitimate trade" and "suppression of the slave trade", Leopold convinced the major European powers and the …

A Local Distinction: State Education Privacy Laws For Public School Children, Susan P. Stuart

West Virginia Law Review

No abstract provided.

Small Hope Floats: How The Lower Courts Have Sunk The Right Of Privacy, Stephanie D. Taylor

West Virginia Law Review

No abstract provided.

Protecting West Virginia's Public Fora: Criteria To Safeguard Our Rights Of Expression, Melissa M. Rounds

West Virginia Law Review

No abstract provided.

Market Impact In The Information Age: Protecting Hotel Owners From Hotel Management Companies, Charles S. Hale Ii

West Virginia Law Review

No abstract provided.

Excessive Compensation In Publicly Held Corporations: Is The Doctrine Of Waste Still Applicable, John W. Murrey Iii

West Virginia Law Review

No abstract provided.

Introduction, Horacio Spector

Chicago-Kent Law Review

No abstract provided.

Kant On "Why Must I Keep My Promise?", B. Sharon Byrd, Joanchim Hruschka

Chicago-Kent Law Review

This Article claims that for Kant a contractual obligation generates a universal right, meaning a right against everyone. Accordingly, a right to performance of a contract is more similar to a right in rem than to a right in personam, and failing to perform a contract is more similar to theft than to moral failure to do as promised. Part I shows that for Kant accepting a promise means taking possession of the promisor's choice to commit an act in the future. Part II explains why it is possible to acquire someone else's choice and how one does so in …

Rational Choice And Reasonable Interactions, Bruce Chapman

Chicago-Kent Law Review

Game theory probably offers the most well-known account of how rational agents interact in strategic situations. The rational thought processes that are involved, while enormously sophisticated, remain very private for each agent. Less well known is the alternative account that is offered by law and legal theory, an account where agents interact, and understand their interaction, under the idea of public (or objective) reasonableness. This Article argues, using some simple examples, that the legal account does better than the game theoretic account in explaining the actual levels of cooperation and coordination we observe across rational individuals in strategic situations.

A Contractarian Approach To Unconscionability, Horacio Spector

Chicago-Kent Law Review

In this paper I discuss two nonpaternalistic defenses of the doctrine of unconscionability in contract law. The first approach, proposed by Seana Shiffrin, relies on the moral ban to collaborate with other agents' immoral plans. Because this prohibition falls also on the judge, she must refrain from enforcing unfair or exploitative contracts. The second approach regards the unconscionability doctrine as one limitation on freedom of contract that rational contractors would choose in the course of adopting the fundamental terms of social cooperation. I assess the implications and merits of the two approaches. 'The contractarian approach is capable of justifying procedural …

Tanks In The Streets: Suvs, Design Defects, And Ultrahazardous Strict Liability, Kevin Case

Chicago-Kent Law Review

SUV rollover crashes have been well-publicized and thoroughly litigated. Less attention has been paid to the lethal risks created by SUVs—particularly the latest "behemoth" SUVs like Hummers—to the occupants of other vehicles and pedestrians. Due to the design of SUVs, which are stiffer, heavier, and ride higher than cars, a collision between an SUV and a passenger car often results in catastrophic damage and injury to the occupants of the car, particularly when an SUV strikes a car broadside. Moreover, the design features of SUVs that create these dangers provide no utility or value to society. The "benefit" provided by …

It's As Clear As Mud: A Call To Amend The Federal Trademark Dilution Act Of 1995, Matthew C. Oesterle

Chicago-Kent Law Review

The Federal Trademark Dilution Act ("FTDA") has failed to protect, in the manner intended by Congress, the subset of trademarks that have achieved a high threshold of fame from subsequent uses that dilute or tarnish those trademarks. Courts have applied inconsistent measures of fame to the trademarks of the litigants before them and a poor wording choice in the drafting of the FTDA has led the Supreme Court to conclude that famous trademarks must sustain actual harm to their distinctiveness before their owners can receive the equitable remedy provided under the Act. Based on the legislative history of the Act, …

Book Review: Legal Writing Advice: Questions And Answers, Lisa Mazzie Hatlen

Faculty Publications

No abstract provided.

Big Brother Is Watching: How Employee Monitoring In 2004 Brought Orwell's 1984 To Life And What The Law Schould Do About It, Jill Yung

Seton Hall Law Review

No abstract provided.

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.