Law Commons^™

The Ncaa’S Lost Cause And The Legal Ease Of Redefining Amateurism, Virginia A. Fitt

Duke Law Journal

The recent resolution of the Andrew Oliver case may mark the death throes of the NCAA's no-agent rule, prohibiting college athletes from retaining agents in professional contract negotiations, and perhaps the traditional paradigm of amateurism in sport. In light of the trial court's ruling, as well as continuing calls for the revocation of the NCAA's tax-exempt status, the time is ripe for a reexamination of amateurism and the law. This Note argues that the NCAA has developed a complicated web of largely unenforceable rules and regulations that are unnecessary to maintain tax-exempt status in light of the regulatory environment. This …

Constitutional Limits On Private Policing And The State’S Allocation Of Force, M. Rhead Enion

Duke Law Journal

This Note argues that a variety of "private police" forces, such as university patrols and residential security guards, should. be held to the constitutional limitations found in the Bill of Rights. These private police act as arms of the state by supplying force in response to a public demand for order and security. The state, as sovereign, retains responsibility to allocate force, in the form of either public or private police, in response to public demand. This state responsibility-a facet of its police power-is evidenced throughout English and American history. When this force responds to a public demand for order …

5 U.S.C. § 553: Patent Elephants In Process Mouseholes, Thomas G. Field

The University of New Hampshire Law Review

[Excerpt] “As the district court in Tafas v. Duda (Tafas I) recounted, in 2006, the U.S. Patent and Trademark Office (USPTO) proposed to limit numbers of continuing patent applications, requests for continued examination, and claims that could be made as a matter of right. In 2007, following notice and comment procedures that generated hundreds of comments, many critical, the USPTO published final rules consonant with those objectives.

The district court in Tafas I issued a preliminary injunction and ultimately rejected those rules, saying “[b]ecause the USPTO’s rulemaking authority under 35 U.S.C. § 2(b)(2) does not extend to substantive rules, and …

Enforcing Intellectual Property Rights: A Methodology For Understanding The Enforcement Problem In China, Justin Mccabe

The University of New Hampshire Law Review

[Excerpt] “Intellectual property rights are neither protected nor enforced in strict uniformity throughout the world. However, it can be said that in most developed countries, intellectual property is preciously guarded, as evidenced by a plethora of intellectual property statutes, penalties for infringement, and consistent attempts to convince less developed nations to adopt strong—or stronger—intellectual property protections. Despite continued vigilance by developed countries in bringing about increased international harmony among intellectual property regimes, some developing countries sustain questionable enforcement policies. What the driving force is behind intellectual property enforcement policies—or more appropriately, the lack thereof—is a matter of disagreement. In order …

Don't Bet On It: Casino's Contractual Duty To Stop Compulsive Gamblers From Gambling, Irina Slavina

Chicago-Kent Law Review

To address the problem of compulsive gambling, most states with commercial casinos have enacted statewide self-exclusion programs—a mechanism by which patrons petition to be physically removed from a casino if they are discovered on the premises. The casinos in the remaining states voluntarily instituted facility-based programs to assist problem gamblers in fighting their addiction.

But besides having any intended effect, these programs provided gamblers with a new ground for lawsuits—breach of contract. This note argues that neither states nor individual casinos should be liable to self-excluded patrons for breach of contract, even if they enter a casino and lose money …

2008 Seton Hall University School Of Law Sports & Entertainment Law Symposium: From The Arena To The Streets - The Pressures Placed On Athletes, Entertainers, And Management, Courtney Ray

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, James E. Coleman Jr., Angela Davis, Michael Gerhardt, K.C. Johnson, Lyrissa Lidsky, Howard M. Wasserman

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Tortured Souls: Unhappy Lawyers Viewed Through The Medium Of Film, Lance Mcmillian

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Title Ix: An Opportunity To Level The Olympic Playing Field, Susannah Carr

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Modern Difficulties In Resolving Old Problems: Does The Actual Malice Standard Apply To Celebrity Gossip Blogs?, Victoria Cioppettini

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Buccaneers And Bucks From The Internet: Pirate Bay And The Entertainment Industry, Tara Touloumis

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Editorial Board - Vol. 19, No. 1 2009

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

"To Catch A Predator" Gets Caught: Are Nbc's Television Journalists Sacrificing Media Ethics And Legal Procedures For A Chance In The Spotlight?, Amy Rokuson

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The Limits Of Advocacy, Amanda Frost

Duke Law Journal

Party control over case presentation is regularly cited as a defining characteristic of the American adversarial system. Accordingly, American judges are strongly discouraged from engaging in so-called "issue creation"-that is, raising legal claims and arguments that the parties have overlooked or ignored-on the ground that doing so is antithetical to an adversarial legal culture that values litigant autonomy and prohibits agenda setting by judges. And yet, despite the rhetoric, federal judges regularly inject new legal issues into ongoing cases. Landmark Supreme Court decisions such as Erie Railroad Co. v. Tompkins and Mapp v. Ohio were decided on grounds never raised …

Self-Realizing Inventions And The Utilitarian Foundation Of Patent Law, Alan Devlin, Neel Sukhatme

William & Mary Law Review

Unlike other forms of intellectual property, patents are universally justified on utilitarian grounds alone. Valuable inventions and discoveries, bearing the characteristics of public goods, are easily appropriated by third parties. Because much technological innovation occurs pursuant to significant expenditures—both in terms of upfront research and subsequent commercialization costs—inventors must be permitted to extract at least part of the social gain associated with their technological contributions. Absent some form of proprietary control or alternative reward system, economics predicts that suboptimal capital will be devoted to the innovative process. This widely accepted principle comes with an important corollary: namely, that canons of …

Unintended Consequences: The Supreme Court’S Interpretation Of The Second Amendment In District Of Columbia V. Heller Could Water-Down Fourth Amendment Rights, George M. Dery Iii

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Evidence-Based Access To Justice, Laura K. Abel

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Table Of Contents - Issue 1, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Commencement Address - May 10, 2009, Michael B. Mukasey

North Carolina Law Review

No abstract provided.

Requiring A Jury Vote Of Censure To Convict, Richard E. Myers Ii

North Carolina Law Review

No abstract provided.

Serendipity, Sean B. Seymore

North Carolina Law Review

No abstract provided.

The Data Game: Learning To Love The State-Based Approach To Data Breach Notification Law, Sara A. Needles

North Carolina Law Review

No abstract provided.

Damages Under The Privacy Act: Is Emotional Harm Actual, Nicole M. Quallen

North Carolina Law Review

No abstract provided.

Masthead, Editors

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Trust In The Shadows: Law, Behavior, And Financial Re-Regulation, Raymond H. Brescia

Buffalo Law Review

No abstract provided.

What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney

Buffalo Law Review

No abstract provided.

The Trial Of Rube Waddell, Roger I. Abrams, Alan Levy

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

What's Wrong With The Commissioner? Some Lessons From Downunder, Ian Dobinson, David Thorpe

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Could The New Women's Professional Soccer League Survive In America? How Adopting A Traditional Legal Structure May Save More Than Just A Game, Marc Edelman, Elizabeth Masterson

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Morals? Who Cares About Morals? Examination Of Morals Clauses In Talent Contracts And What Talent Needs To Know, Fernando M. Pinguelo, Timothy D. Cedrone

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.