Law Commons^™

But These Times Were Supposed To Be A Changing...How Congress Should Regulate 527 Groups In Light Of The Bipartisan Campaign Reform Act, The Vote For Change Tour, And The 2004 Presidential Election, Kevin P. Sullivan

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Editorial Board - Vol. 16, No. 1 2006

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Should Nascar Be Allowed To Choose The Tracks At Which Its Series' Races Are Run?, Meri J. Van Blarcom-Gupko

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Disturbing Yesterdays Media, Tomorrow: How Media Companies Mask Antiquated Operating Models With The Veil Of Copyright, Andrew M. Kulpa

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Swing And A Foul Tip: What Major League Baseball Needs To Do To Keep Its Small Market Franchises Alive At The Arbitration Plate, Vittorio Vella

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Editorial Board - Vol. 16, No. 2 2006

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The Wisdom Of Major League Baseball: Why Free Agency Does Not Spell Doom For European Football, Oscar N. Pinkas

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Keeping The Public In The Public Use Requirement: Acquisition Of Land By Eminent Domain For New Sports Stadiums Should Require More Than Hypothetical Jobs And Tax Revenues To Meet The Public Use Requirement, Vanessa Bovo

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Guideline Institutionalization: The Role Of Merger Guidelines In Antitrust Discourse, Hillary Greene

William & Mary Law Review

With the growth of the administrative state, agency-promulgated enforcement policy statements, typically referred to as guidelines, have become ubiquitous in the U.S. federal system. Yet, the actual usage and impact of such guidelines is poorly understood. Often the issuing agencies declare the guidelines to be nonbinding, even for themselves. Notwithstanding this disclaimer, the government, private parties, and even the courts frequently rely on the guidelines in a precedent-like manner. In this Article, Professor Greene examines the evolution of one system of enforcement policy guidelines-the U.S. federal antitrust merger guidelines--and finds that these guidelines have acted as a stealth force on …

Dumbo's Feather: An Examination And Critque Of The Supreme Court's Use, Misuse, And Abuse Of Tradition In Protecting Fundamental Rights, Ronald J. Krotoszynski Jr.

William & Mary Law Review

The Justices of the Supreme Court have a great deal in common with the gifted pachyderm from the Walt Disney animated classic feature Dumbo. Like Dumbo's "magic" feather that purportedly enabled him to exercise his natural ability to fly, the tradition limitation on the Court's jurisprudence on unenumerated fundamental constitutional rights provides a more-apparent-than real constraint on the Court's almost unlimited ability to nullify legislative and executive action. In all too many substantive due process cases, reason seems to follow a predetermined result, rather than the result in the case following from the applicable governing principles. In this Article, Professor …

The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot

William & Mary Law Review

No abstract provided.

“If You Knew Him Like I Did, You’D Have Shot Him, Too …” A Survey Of Alaska’S Law Of Self-Defense, James Fayette

Alaska Law Review

No abstract provided.

Pretextual Searches And Seizures: Alaska’S Failure To Adopt A Standard, Shardul Desai

Alaska Law Review

No abstract provided.

Sarbanes-Oxley And Alaska Native Corporations: Do The Regulations Apply?, Mike Murphy

Alaska Law Review

No abstract provided.

Small Business, Rising Giant: Policies And Costs Of Section 8(A) Contracting Preferences For Alaska Native Corporations, Jenny J. Yang

Alaska Law Review

No abstract provided.

Journal Staff

Alaska Law Review

No abstract provided.

Table Of Contents - Issue 1, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Crawford's Triangle: Domestic Violence And The Right Of Confrontation, Deborah Tuerkheimer

North Carolina Law Review

No abstract provided.

Three Theories Of Substantive Due Process, Daniel O. Conkle

North Carolina Law Review

No abstract provided.

After The Catastrophe: Disaster Relief For Hospitals, Elizabeth Weeks

North Carolina Law Review

No abstract provided.

Teaching From The Closet: Freedom Of Expression And Outspeech By Public School Teachers, Eva Dubuisson

North Carolina Law Review

No abstract provided.

In This Apple For Teacher An Apple From Eve - Reanalyzing The Intelligent Design Debate From A Curricular Perspective, Mary Katherine Hackney

North Carolina Law Review

No abstract provided.

Inside The Bankruptcy Judge's Mind, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich

Vanderbilt Law School Faculty Publications

Specialization is common in medicine. Doctors become oncologists, radiologists, urologists, or even hernia repair specialists. Specialization is also common among practicing lawyers, who become estate planners or products liability lawyers or securities litigators. Judges, however, have historically been generalists who preside over any and all cases. This requires that judges become acquainted with the rules of civil procedure, the rules of criminal procedure, the evidentiary rules applicable to both civil and criminal cases, and the substantive law in almost every area. From the simplest slip-and-fall to the most complicated antitrust case, and nearly every civil and criminal action in between, …

Reconstructing Richard Epstein, Eduardo M. Peñalver

Cornell Law Faculty Publications

Inefficient Customs In International Law, Eugene Kontorovich

William & Mary Law Review

This Article explores whether and when rules of customary international law (CIL) can be expected to be efficient. Customary rules are often regarded as desirable because in certain circumstances, they promote the welfare of the group in which they arise. Unless these circumstances apply among states, the efficiency arguments for the legalization of customary norms do not apply. The Article takes as its central observation the divergent treatment of custom in domestic and international law. In international law, if a customary behavior of states can be identified, it is automatically elevated to the status of legal obligation without any independent …

How To Survive A Terrorist Attack: The Constitution's Majority Quorum Requirement And The Continuity Of Congress, John Bryan Williams

William & Mary Law Review

Since their realization that United Airlines Flight 93 was headed toward the U.S. Capitol on the morning of September 11, 2001, legislators and policymakers have been debating how the legislative branch would continue functioning in the aftermath of a terrorist attack that killed or incapacitated large numbers of sehators or representatives. This Article reviews the current House and Senate "Continuity of Congress"plans, and argues they are both practically and constitutionally inadequate. Focusing particularly on the Constitution's majority quorum requirement in Article I, Section Five, Clause One, this Article argues that a House or Senate operating in accordance with the current …

Sarbanes-Oxley's Structural Model To Encourage Corporate Whistleblowers, Richard E. Moberly

BYU Law Review

No abstract provided.

Nonprofit Takeovers: Regulating The Market For Mission Control, Dana Brakman Reiser

BYU Law Review

No abstract provided.

Bormann Revisited: Using The Penn Central Test To Determine The Constitutionality Of Right-To-Farm Statutes, Jeffiy R. Gittins

BYU Law Review

No abstract provided.

Independent Invention As A Defense To Patent Infringement, Samson Vermont

Michigan Law Review

Under current law, independent invention is no defense to patent infringement. This Article argues that independent invention should be a defense, provided the independent inventor creates the invention before receiving actual or constructive notice that someone else already created it. The defense reduces wasteful duplication of effort and enhances dissemination of inventions without lowering the incentive to invent below the necessary minimum. To be sure, the defense lowers the incentive for inventions that face significant odds of being invented by more than one inventor By enabling a second inventor to compete with a first inventor the defense essentially breaks up …