Law Commons^™

Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel I: Defamation In Sports, Gerald Eskenazi, Stephen Henniger, Gary Huckaby, Gary Belsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Why The Initially Confused Should Get A Clue: The Battle Between Trademark Infringement And Consumer Choice Online, John Handy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Phillips V. Awh Corp., Inc.: A Baffling Claim Construction Methodology, Ehab M. Samuel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Chapter 11 Bankruptcy: A New Battleground In The Ongoing Conflict Between Catholic Dioceses And Sex-Abuse Claimants, Allison Walsh Smith

North Carolina Law Review

No abstract provided.

Judging Statutes: Interpretive Regimes, Nancy Staudt, Lee Epstein, Peter Wiedenbeck, Rene Lindstadt

Loyola of Los Angeles Law Review

No abstract provided.

Yarborough V. Alvarado: Why Is The Supreme Court Pretending That A Child Is An Adult Or That A Blind Man Can See, Rayee Lumer

Loyola of Los Angeles Law Review

No abstract provided.

Balancing Deterrence, Comity Considerations, And Judicial Efficiency: The Use Of The D.C. Circuit's Proximate Cause Standards For Determining Subject Matter Jurisdiction Over Extraterritorial Antitrust Cases, Stephanie Casy

American University Law Review

No abstract provided.

Vol. 4, No. 01 (December 2005)

Indiana Law Update

No abstract provided.

Congress And Terri Schiavo: A Primer On The American Constitutional Order, Michael P. Allen

West Virginia Law Review

No abstract provided.

Child's Play: Avoiding The Pitfalls Of Crawford V. Washington In Child Abuse Prosecution, Matthew M. Staab

West Virginia Law Review

No abstract provided.

Researching Georgia Law (2006 Edition), Nancy P. Johnson, Nancy J. Adams, Elizabeth G. Adelman

Georgia State University Law Review

No abstract provided.

Should Georgia Change Its Misdemeanor Arrest Laws To Authorize Issuing More Field Citations? Can An Alternative Arrest Process Help Alleviate Georgia's Jail Overcrowding And Reduce The Time Arresting Officers Expend Processing Nontraffic Misdemeanor Offenses?, Warren Davis

Georgia State University Law Review

This Article analyzes whether the legislature should change Georgia's arrest laws to authorize the discretionary issuance of field citations to more nontraffic misdemeanor offenders as a means to help alleviate jail overcrowding and reduce the amount of time required by patrol officers to process misdemeanor arrests. This Article includes a review of current Georgia law concerning citation arrests for nontraffic misdemeanor offenses; published literature; a quantitative analysis of the effects of using the field citation process upon officer processing times and the failure to appear rate within the Gwinnett Judicial Circuit; surveys of Georgia law enforcement executives; and interviews with …

Corporate Governance Changes In The Wake Of The Sarbanes-Oxley Act: A Morality Tale For Policymakers Too, Robert Charles Clark

Georgia State University Law Review

No abstract provided.

The Illegal Immigration Reform & Immigrant Responsibility Act's One-Year Filing Deadline On Applications For Asylum: The Narrow Interpretation And Application Of Exceptions To The Filing Deadline, Susan S. Blum

Georgia State University Law Review

No abstract provided.

Can't Do The Time, Don't Do The Crime?: Dixon V. State, Statutory Construction, And The Harsh Realities Of Mandatory Minimum Sentencing In Georgia, Suzanne Smith Williams

Georgia State University Law Review

No abstract provided.

Familiar Battles For Bioethics: Facing Off Over Transplantation, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.

Administrative Law Judge Upholds Ftc Complaint Ordering Evanston Northwesternhealthcare Corporation To Unwind Five-Year-Old Acquisition , James Lowe, Alexander Krulic

Wilmer Cutler Pickering Hale and Dorr Antitrust Series

On October 21, 2005, the Federal Trade Commission (FTC) announced that Administrative Law Judge Stephen J. McGuire had ordered Evanston Northwestern Healthcare Corporation (ENH) to divest Highland Park Hospital, located in a Chicago suburb. (The decision can be found at http://www.ftc. gov/os/adjpro/d9315/051021idtextversion. pdf.) ENH had acquired Highland Park five years ago for $200 million. In an administrative complaint issued in February 2004, the FTC alleged that the acquisition had resulted in "substantially lessened competition" and higher prices for insurers and healthcare consumers for general acute care inpatient services sold to managed care organizations. In upholding part of the complaint, Judge …

Constitutional Irony: Gonzales V. Raich, Federalism And Congressional Regulation Of Intrastate Activities Under The Commerce Clause, Steven K. Balman

Tulsa Law Review

No abstract provided.

Destabilized Doctrine At The End Of The Rehnquist Era And The Business Related Cases In Its Final Term, Barbara K. Bucholtz

Tulsa Law Review

No abstract provided.

Writing The Book[Er] On Blakely: The Challenge To The Federal Sentencing Guidelines, Carol A. Pettit

Tulsa Law Review

No abstract provided.

The Market For Legal Education And Freedom Of Association: Why The "Solomon Amendment" Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss

William & Mary Bill of Rights Journal

This term the Supreme Court will confront the constitutionality of the Solomon Amendment, which mandates equal access for military recruiters at universities that accept federal funding. The Third Circuit previously held the statute unconstitutional. This Article argues that the Court should reverse and uphold the statute because the lower court failed to consider the cartelized nature of legal education and so assumed that law schools are "expressive associations" entitled to assert First Amendment claims; the court also failed to give proper deference to Congress's exercise of its Article I power to raise and support armies and over-valued law faculties' interest …

Turning A Government Search Into A Permanent Power: Thornton V. United States And The "Progressive Distortion" Of Search Incident To Arrest, George M. Dery Iii, Michael J. Hernandez

William & Mary Bill of Rights Journal

No abstract provided.

Cleaning Up The Eighth Amendment Mess, Tom Stacy

William & Mary Bill of Rights Journal

This article criticizes the Court's interpretation of the Eighth Amendment's Cruel and Unusual Punishment Clause and offers its own understanding. The Court's jurisprudence is plagued by deep inconsistencies concerning the Amendment's text, the Court's own role, and a constitutional requirement of proportionate punishment. In search of ways to redress these fundamental shortcomings, the article explores three alternative interpretations of the Clause: (1) a textualist approach; (2) Justice Scalia's understanding that the Clause forbids only punishments unacceptable for all offenses; and (3) a majoritarian approach that would consistently define cruel and unusual punishment in terms of legislative judgments and penal custom. …

"So Long As Our System Shall Exist": Myth, History, And The New Federalism, Paul D. Moreno

William & Mary Bill of Rights Journal

This article provides the broad historical context necessary to understand contemporary developments in federalism doctrine. It shows that dual federalism has a long and varied history and that federalism is a content-neutral principle to which both sides in major political contests have appealed. It seeks to show that the predominant perspective on federalism today - that it is an inherently conservative principle - is the result of historical misperception. This article reinterprets the history of American federalism in light of recent historical scholarship concerning various periods: principally the country's founding; slavery, the Civil War, and Reconstruction; the late nineteenth-century social …

Up Against The Wall Of Separation: The Question Of American Religious Democracy, Bruce Ledewitz

William & Mary Bill of Rights Journal

No abstract provided.

A Convenient Blanket Of Secrecy: The Oft-Cited But Nonexistent Housekeeping Privilege, William Bradley Russell Jr.

William & Mary Bill of Rights Journal

No abstract provided.

Immigrant Entrepreneurs And Neighborhood Revitalization: Studies Of The Allston Village, East Boston And Fields Corner Neighborhoods In Boston, Ramon Borges-Mendez, Michael Liu, Paul Watanabe

Institute for Asian American Studies Publications

Although somewhat later than other major urban areas, Boston has been experiencing fundamental demographic changes. The 2000 Census reported that for the first time non-Hispanic whites constitute a minority of the city’s population. Subsequent Census estimates confirm an even stronger trend toward a rapidly diversifying population.

Immigration has been a major factor in this growth and diversification. A recent report shows that over the last 15 years more than 22,000 new immigrants have annually settled in Massachusetts. The foreign-born as a percentage of the population has grown from 9.4 percent in 1980 to 14.3 percent in 2004.

Salt Equalizer, Vol. 2005, Issue 4, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Nancy Ehrenreich, Welcome to Our New SALT Board Members, at 1.

Beto Juarez & Holly Maguigan, Co-Presidents' Column, at 1.

Kent Greenfield, Solomon Amendment Litigation Update, at 4.

Beto Juarez, SALT and Pipeline Programs, at 4.

Margaret Martin Barry, Affirmative Action Committee Report, at 5.

Margaret Martin Barry, Follow-Up on Revised ABA Standards for Law Clinic Faculty, at 6.

Camille A. Nelson & Adele M. Morrison, Report on SALT's Third Annual Junior Faculty Development Workshop, at 6.

Jane Dolkart, SALT Annual Awards Dinner to Honor Cole, CCR, and Yamamoto …

Construction Law, Henry L. Balkcom Iv, Dana R. Grantham, Devin H. Gordon

Mercer Law Review

This Article surveys construction law decisions handed down by Georgia courts and construction-related legislation enacted by the Georgia General Assembly between June 1, 2004 and May 31, 2005. As in prior years, the selected cases primarily fall within five categories: (1) contracts, (2) torts, (3) mechanics' and materialmen's liens, (4) arbitration, and (5) miscellaneous. Recent legislation is highlighted in Section VI.