Law Commons^™

Looking Back To Mackey V. Nfl To Revive The Non-Statutory Labor Exemption In Professional Sports, Walter T. Champion Jr.

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Off-Guard And Online: The Unwitting Video Stars Of The Web And The Public Disclosure Tort, Matthew R. Porio

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

A Critical Analysis Of Sport Organization Bankruptcies In The United States And England: Does Bankruptcy Law Explain The Disparity In Number Of Cases?, Timothy D. Cedrone

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Long Live The Lie Bill!, Lucila I. Van Dam

University of Michigan Journal of Law Reform

What successful defamation plaintiffs typically desire and doctrinally deserve is to have their reputations restored. Presently, however, a plaintiff who has established that she was defamed by the defendant is entitled only to an award of damages, which does nothing to restore reputation. This Note proposes that in addition to a damages award, courts-- if they are to take seriously their obligation to compensate the plaintiff-- should order the defendant to retract the defamatory statement. Contrary to the prevailing view, this Note argues that the proposed retraction order does not jeopardize the First Amendment guarantee of free expression.

Product Liability, Franklin P. Brannen Jr., Jacob E. Daly

Mercer Law Review

This Article surveys recent developments in Georgia product liability law. It covers noteworthy cases decided during the survey period by the Georgia appellate courts, the United States Supreme Court, the United States Court of Appeals for the Eleventh Circuit, and the United States district courts located in Georgia. In addition, this Article discusses provisions in the Official Code of Georgia Annotated (O.C.G.A.) that are particularly relevant to product liability claims.

Torts, Deron R. Hicks, Travis C. Hargrove

Mercer Law Review

No abstract provided.

Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, John Chadwick Torri, Davené D. Walker

Mercer Law Review

This Article provides a succinct and practical analysis of the significant judicial decisions in the area of zoning and land use law that were handed down by Georgia appellate courts between June 1, 2007 and May 31, 2008. The cases surveyed fall primarily within five categories: (1) zoning, (2) condemnation, (3) nuisance and trespass, (4) easements and restrictive covenants, and (5) miscellaneous.

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn

Mercer Law Review

Today, the topic may be voter photo identification cards. Tomorrow, teacher discipline may be on the agenda. With administrative law, many of the front-burner issues that appear in the news are decided according to administrative procedures, and those cases generally are well ahead of litigation entering the court system. This Article surveys cases from the Georgia Supreme Court and the Georgia Court of Appeals from June 1, 2007 through May 31, 2008. There has been a deliberate attempt to omit cases that would likely be included in other traditional topics for articles in this volume. While there may be cases …

The Supreme Courts: Did September 11th Accelerate Their Sanctioning The Constitutionality Of Criminalizing Suspicion?, Dannye Holley

The University of New Hampshire Law Review

“This article evaluates whether the nation‘s highest appellate courts have, on balance, been more willing to acquiesce to criminalization based on suspicion since the attacks on the World Trade Center seven years ago. The article seeks to accomplish this evaluation by comparing decisions of the United States and state supreme courts in the six years prior to September 2001 with decisions in the six years following the terrorist attack— have the courts with the greatest authority to sanction the criminalization of suspicion been more willing to do just that? Such a post-September 11th trend would be significant because, despite the …

Wherefore Art Thou Guidelines? An Empirical Study Of White-Collar Criminal Sentencing And How The Gall Decision Effectively Eliminated The Sentencing Guidelines, S. Patrick Morin

The University of New Hampshire Law Review

[Excerpt] “Until the passage of the U.S. Federal Sentencing Guidelines in 1984, federal judges had relatively wide discretion in sentencing federal offenders up to the statutory maximum. This judicial discretion led to a disparity in the sentences of similarly situated offenders, particularly in white-collar cases. The Guidelines attempted to eliminate this disparity by establishing maximum and minimum sentences for certain offenses based on the characteristics of the crime. An important feature of the Guidelines system was its mandatory nature, which decreased and structured the judiciary‘s discretion within bounds set by Congress.

The mandatory application of the Guidelines resulted in stiff …

The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett

The University of New Hampshire Law Review

[Excerpt] “Some things cannot be described. This is the theory that recent literary criticism has placed as its cornerstone. Philosopher-critic Roland Barthes identified this trend in his Mythologies, stating that critics often “suddenly decide that the true subject of criticism is ineffable, and criticism, as a consequence, unnecessary. Unfortunately, this view has become singular within the legal academy whenever an author discusses music copyright infringement analysis. It seems that scholars fear the thought of trusting a jury with such an “ineffable” subject as music and must propose alternatives, such as expert testimony, specialized courts, or mechanical analysis, that will diminish …

Intolerable Situations And Counsel For Children: Following Switzerland's Example In Hague Abduction Cases , Merle H. Weiner

American University Law Review

In the twilight days of 2007, Switzerland took decisive action to protect children who were being harmed by the application of the Hague Convention on the Civil Aspects of International Child Abduction ("Hague Abduction Convention" or "Convention"). 1 Its Parliament passed the Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adults ("Swiss Act"). 2 The Swiss Act, which should enter into force in mid-2009, 3 gives important and necessary guidance to Swiss courts about the phrase "intolerable situation" in Article 13(b) of the Hague Abduction Convention. 4 The Swiss Act also directs …

Expressive Minimalism And Fuzzy Signals: The Judiciary And The Role Of Law, Michele Goodwin

Chicago-Kent Law Review

The proper role of courts engenders significant debate. Yet, what seems better settled is the principle that courts are the place at which the common law is developed. Its genesis and modifications evolve out of the juridical process and when that process becomes encumbered or deferred to the legislature the role of the judiciary is called into question. This essay makes the case that expressive minimalism too often governs the common law judicial approach to biotechnology. The cases visited in this domain test our capacity to understand whether life is appropriately described as being beyond the definition of property, as …

Human Gene Patents: Proof Of Problems?, Timothy Caulfield

Chicago-Kent Law Review

The patenting of human genes has been the focus of intense policy debate. The concerns associated with gene patenting are diverse, ranging from dignity based critiques to suggestions that patents will drive up the cost of health care. But the two concerns that have generated the most policy attention are that they hurt basic research (also known as the "anti-commons" problem) and access to useful technologies. The goal of this short comment is to question the degree to which existing evidence supports the speculation about these two justifications for patent reform. While the issues associated with gene patents are complex …

Series Limited Liability Companies: A Possible Solution To Multiple Llcs, Sandra Mertens

Chicago-Kent Law Review

Although series LLCs are now over eleven years old, they remain mainly theoretical. Only seven states to date have enacted statutes authorizing series LLCs, and the drafters of the recent Revised Uniform Limited Liability Company Act considered and rejected provisions creating series LLCs. Many practicing attorneys continue to use multiple LLCs where a series LLC may be appropriate. This Note examines the general characteristics of series LLCs and state legislation authorizing them, the uncertain state and unanswered questions surrounding this new entity form, and the recent developments in case law and usage of series LLCs. Finally, this Note recommends that …

What Is Owed Participants In Biotechnology Research?, Julie A. Burger

Chicago-Kent Law Review

The legal and ethical protections afforded human subjects of research afford individuals who participate in research certain rights. Potential participants must give voluntary and informed consent to participate, they have the right to withdraw from research, they cannot be asked to waive certain rights, and they have the right to choose which studies they will participate in. But researchers, institutions, patient advocacy groups, and ethicists continue to debate how these rules should be applied in the context of genetics research—projects that involve using the individual's tissue or the individual's genetic information, such as gene sequences, and associated medical information. Evidence …

Intellectual Property And The Politics Of Emerging Technology: Inventors, Citizens, And Powers To Shape The Future, Stephen Hilgartner

Chicago-Kent Law Review

This article argues that there is a mismatch between traditional intellectual property doctrine and the politics of intellectual property today. To examine the nature of the mismatch, I contrast two frameworks that both appear in contemporary debate about intellectual property: the traditional discourse, which focuses on innovation policy, and a newer, less clearly codified discourse that views intellectual property issues from the perspective of the politics of technology. This latter discourse focuses on the challenge of democratic governance in a world where emerging technologies have assumed a central role in constituting the future, raising far-reaching questions about how they should …

Judicial Activism V. Judicial Abdication: A Plea For A Return To The Lochner Era Substantive Due Process Methodology, Brandon S. Swider

Chicago-Kent Law Review

Amid the fierce battles that take place during the confirmation process of a Supreme Court justice, surprisingly little attention is given to the fact that both sides of the political spectrum generally agree on a matter of profound constitutional importance—namely, the proper level of scrutiny courts are to exact with respect to state and federal legislation. Presently, and for the better part of the last 70 years, the dominant attitude among judicial conservatives and liberals alike is that courts have no authority to strictly scrutinize the overwhelming majority of legislation enacted by state and federal legislatures.

This Comment argues that …

Legal Ethics, Patrick Emery Longan

Mercer Law Review

Georgia's appellate courts made significant decisions during the survey year in matters of attorney discipline, malpractice, and ineffective assistance of counsel. They also issued opinions worth noting in cases concerning attorney and judicial disqualification and several miscellaneous matters.

Workers' Compensation, H. Michael Bagley, Daniel S. Kniffen, Katherine D. Dixon

Mercer Law Review

The Georgia General Assembly made no substantive changes to the Workers' Compensation Act in 2008. Additionally, the Georgia appellate courts took relatively few cases on appeal, and most of these addressed areas of law that are already well-established. Because many workers' compensation cases now require practitioners to address the Medicare Secondary Payer Act, the history, impact, and involvement of that legislation on Georgia claims is also addressed in this Article.

Dispelling Grammar Myths: 'To Split' Or 'Not To Split' The Infinitive, Rebecca K. Blemberg

Faculty Publications

No abstract provided.

When Will The Imposition Of The Requirement To Co-Finance The Construction Of Necessary Facilities Constitute An Abuse Of A Dominant Position? Case Comment To The Judgment Of The Supreme Court Of 5 January 2007 – Kolej Gondolowa (Ref. No. Iii Sk 17/06), Konrad Kohutek

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

A Courier Service As A Postal Universal Service – Can A Court Asses The Correctness Of A Legal Qualification Of A Service Of A Courier Company That Was Not Contested By The Company In An Earlier Decision Taken By The Postal Regulator? Case Comment To The Judgment Of The Supreme Court Of 25 April 2007 – Courier Services (Ref. No. Iii Sk 2/07), Agata Jurkowska

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Transformative Mediation: Empowering The Oppressed Voices Of A Multicultural City To Foster Strong Democracy., Arby Aiwazian

The Scholar: St. Mary's Law Review on Race and Social Justice

Transformative mediation’s promotion of understanding, acceptance, and inclusion fosters a purer democracy by cultivating the individual self-empowerment of traditionally disempowered individuals that is vital to strong and robust democracies. By transforming relationships and empowering individuals, transformative mediation helps foster an arena for self-governance, which inevitably leads to self-empowerment and a purer democracy. Optimistically, as more individuals are empowered through transformative mediation, communities plagued with violence, hatred, and misunderstanding could also reap the benefits by fostering acceptance, communication, inclusion, and understanding. The nature of the United States’ current passive and procedural democratic system further perpetuates inequality by placing political power solely …

Insurance, Stephen L. Cotter, Stephen M. Schatz, Brad S, Wolff

Mercer Law Review

During this survey period, the Georgia General Assembly stepped in to clarify, if not expand, insurance carrier rights under uninsured motorist (UM) policies to more limited coverage. Insurance agents were the subject of increasing scrutiny for potential liability. The courts continued to struggle for clarity in the area of coverage for "construction defects."

What I Have Learned From The Reactions To My Books, Michael Crichton

Chicago-Kent Law Review

No abstract provided.

Gene Patents And The Product Of Nature Doctrine, John M. Conley

Chicago-Kent Law Review

Gene patents have proven to be enormously controversial, evoking a strong response from many categories of skeptics. Objections have focused on the foreclosure of research, the potential denial of healthcare, or the proper application of the patent laws. Gene patents also tend to trigger an elemental response that lies at the core of almost every objection: You shouldn't be able to patent a gene! This article focuses on the latter point, restating it as a question of legal doctrine: Why is it that the law has routinely treated genes as patentable inventions rather than unpatentable natural phenomena? Part II reviews …

The Case For Collaborative Tools, Lucie Olejnikova

Elisabeth Haub School of Law Faculty Publications

This article shares our experiences and outlines how we used free online collaborative tools to make the long distance seem short. This article also discusses the advantages and disadvantages of long-distance collaboration and how to apply the same tools and principles to a variety of work settings, such as law firms, firm libraries, court libraries, public libraries, and academic libraries. In addition, we mention the psycho-sociological aspects of a long-distance, Web-based communication, as well as its impact on project administration and budget.

Did At&T Die In Vain? An Empirical Comparison Of At&T And Bell Canada, Eli M. Noam

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

Did the Divestiture of AT&T achieve its purpose? It is helpful to turn to Canada, whose telecommunications industry and regulation were similar but which did not experience a divestiture. Since AT&T was split up in 1982-4, national telecom market concentration in the U.S. has bounced back to a national duopoly structure, with an HHI concentration index of 2,986, higher than for Canada's similar national duopoly with an HHI of 2,463. Local telecom wireline competition is …

The Trajectory Of Indian Country In California: Rancherias, Villages, Pueblos, Missions, Ranchos, Reservations, Colonies, And Rancherias, William Wood

Tulsa Law Review

No abstract provided.