Law Commons^™

Judicial Review Of Ncaa Eligibility Decisions: Evaluation Of The Restitution Rule And A Call For Arbitration, Stephen F. Ross, Richard T. Karcher, S. Baker Kensinger

Faculty Scholarship

Courts have held that the general principles of judicial non-interference with the decisions of private associations do not apply where a dominant organization’s decisions effectively prevent individuals from participating in an important activity, including a profession or sports. Although the bylaws of the National Collegiate Athletic Association (NCAA) give it unfettered power, it remains subject to judicial review when its decisions violate constitutional or statutory limits, or principles of contract law, or when they are inconsistent with the organization’s own rules. As such, general principles of equity should freely permit an athlete to obtain injunctive relief where the applicable standards …

Accommodation, Establishment, And Freedom Of Religion, Richard W. Garnett

Journal Articles

This short essay engages the argument that it would violate the First Amendment’s Establishment Clause to exempt an ordinary, nonreligious, profit-seeking business – such as Hobby Lobby – from the Affordable Care Act’s contraceptive-coverage rules. In response to this argument, it is emphasized that the First Amendment not only permits but invites generous, religion-specific accommodations and exemptions and that the Court’s Smith decision does not teach otherwise. In addition, this essay proposes that laws and policies that promote and protect religious freedom should be seen as having a “secular purpose” and that because religious freedom, like clean air, is an …

From Rawls To Habermas: Towards A Theory Of Grounded Impartiality In Canadian Administrative Law, Laverne Jacobs

Osgoode Hall Law Journal

At the same time that Canadian public law jurisprudence has grappled with some key cases on bias, a vibrant debate has also raged over the meaning and scope of the notion of impartiality within political and moral philosophy. Spurred by Rawls’ view of liberalism, and culminating in the theory of deliberative democracy, this debate evolved over a span of more than four decades. Yet this philosophical literature is rarely, if at all, referred to in the public law jurisprudence dealing with impartiality. This article asks whether the debates surrounding impartiality in political and moral philosophy and those in Canadian public …

Concentrated Ownership And Corporate Control: Wallenberg Sphere And Samsung Group, Hwa-Jin Kim

Articles

Samsung Group’s success cannot be attributed to its corporate governance structure, at least thus far. The corporate governance of Samsung has been rather controversial. As the group faces the succession issue the corporate governance has become as crucial as their new products and services. Samsung has discovered a role model on the other side of the planet, Wallenberg Sphere in Sweden. Much effort has been made to learn about Wallenberg’s arrangements and key to its success. However, a fundamental difference between the institutions in Sweden and Korea has made the corporate structures of the two groups radically different. Wallenberg uses …

Response To Mental Health Calls: The Frontline Perspectives Of Police Officers, Communicators And Administrators, Sarah C. Dougall

Theses and Dissertations (Comprehensive)

Abstract

OBJECTIVES: The purpose of this study was to examine the lived experiences of frontline police personnel of a mid-sized police service in Southern Ontario. As the prevalence of mental illness increases, so do the calls for assistance to police services. Police officers often find themselves on the frontline and are often the first responders to mental health calls when an individual is in crisis (Wells & Schafer, 2006). With the majority of current research being quantitative in nature, this qualitative study allowed the voice of frontline police personnel to be heard in order to provide a complete picture of …

A Side Of Justice Rarely Seen: Professional Perspectives Toward Youth Justice And Sentencing Procedures In The Exploratory Context Of Canada And Russia, Serge Lokshin M.A.

Theses and Dissertations (Comprehensive)

This thesis contributes to the growing body of literature on comparative youth justice and policy. By analyzing dilemmas faced by youth in justice systems from the perspective of Canada and Russia, the study argues that professional outlooks have a considerable significance for understanding the legal system and its function, and play an important role in shaping judicial administration concerning juveniles. An investigation into professional perspectives on youth justice is used to formulate an understanding of the issues for young people within the legal systems of the respective regions, the sentencing procedures, and the social and procedural contentions facing youth on …

Corporate Revenue Miscalculations & The Impact On Stakeholders, Karen Cascini, Alan L. Delfavero, Ryan Bezner

WCBT Faculty Publications

Corporate earnings restatements are regarded as one of the most significant issues in accounting today. While there are various factors that can influence profitability, revenue is the key contributor to a business’ net income. During the 2000s, a multitude of domestic and multinational corporations faced significant issues with their revenue recognition practices. Although the investing public might regard any revenue restatement as laden with possible fraud, this is not always the case. Multinational firms face dual accounting systems, such as U.S. Generally Accepted Accounting Principles (GAAP) and International Financial Reporting Standards (IFRS). Currently, similarities and differences between the accounting systems …

Faa Endorsements - Escaping Judicial Review - The Second Circuit Rules That An Endorsement Of Panel Recommendations Is Not A Final Order, J. Bryan White

Journal of Air Law and Commerce

No abstract provided.

Grounded At The Pleading Stage: How Do Tsa Agents Assess A Peaceful Protest Versus A Disruptive One, Peter Thompson

Journal of Air Law and Commerce

No abstract provided.

Sleeping On The Job - A Critical Analysis Of The Faa's Cargo Carve-Out Under F.A.R. 117 And The Simple Solution That No One Is Talking About, Kelsey M. Taylor

Journal of Air Law and Commerce

No abstract provided.

The Future Of Airline Mergers After The Us Airways And American Airlines Merger, Catherine A. Peterman

Journal of Air Law and Commerce

No abstract provided.

On What Authority: Customs And Border Protection's Unwarranted War On Private Aviation, Heather Mckinney

Journal of Air Law and Commerce

No abstract provided.

Good Intentions, Bad Results, And Ineffective Redress: The Story Of The No Fly And Selectee Lists And A Suggestion For Change, Eric Hedlund

Journal of Air Law and Commerce

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

Patent Law - System Claim Patent-Eligibility After Accenture Global Services, Gmbh V. Guidewire Software, Inc., Samuel Bragg

SMU Law Review

No abstract provided.

Unteachable: Shelby County, Canonical Apostasies, And A Way Forward For The Voting Rights Act, Kareem Crayton, Terry Smith

SMU Law Review

No abstract provided.

Immigration Law - Ninth Circuit Decision Allows For Aliens To Be Penalized For Exercising Their Right To Appeal, Kelli Gavin

SMU Law Review

No abstract provided.

The Fourth Amendment-Are Mobile Phones Now Governmental Tracking Devices?, James M. Lucas

SMU Law Review

No abstract provided.

Language Rights As A Legacy Of The Civil Rights Act Of 1964, Ming Hsu Chen

SMU Law Review

No abstract provided.

After Kiobel: An Essential Step To Displacing The Presumption Against Extraterritoriality, Bryan M. Clegg

SMU Law Review

No abstract provided.

Intersectionality, Multidimensionality, Latino Immigrant Workers, And Title Vii, Leticia M. Saucedo

SMU Law Review

No abstract provided.

America, Land Of The Free And Home Of The Bullies: An Argument For Workplace Bullying Laws In Professional Sports, Cathryn Copeland Wood

SMU Law Review

No abstract provided.

Bearing The Burden Of Denial: Observations Of Lower Court Decisions Misapplying Supreme Court Precedent In Second Amendment Cases, Alex Ploor

SMU Law Review

No abstract provided.

Eulogy For Sarah Tran, Holly Roberson

SMU Law Review

No abstract provided.

The 2014 Smu Criminal Justice Colloquium: An Introduction, Meghan J. Ryan, Jenia I. Turner

SMU Law Review

No abstract provided.

Strict Liability In The Shadow Of Juries, Darryl K. Brown

SMU Law Review

No abstract provided.

Beyond Prosecutor Elections, Ronald F. Wright

SMU Law Review

No abstract provided.

Jurors And Social Media: Is A Fair Trial Still Possible, Nancy S. Marder

SMU Law Review

No abstract provided.

Warren Court And The Constitution (With Special Emphasis On Brown And Loving), The, Akhil Reed Amar

SMU Law Review

No abstract provided.

The Kadi Saga And The Rule Of Law Within The Eu, Koen Lenaerts

SMU Law Review

No abstract provided.