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2020

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Articles 31 - 60 of 66

Full-Text Articles in Agency

Double Fault: How The Ncaa's No-Agent Rule Serves Legal And Policy Errors Into The Courts Of Tennis, Christopher M. Hartley Feb 2020

Double Fault: How The Ncaa's No-Agent Rule Serves Legal And Policy Errors Into The Courts Of Tennis, Christopher M. Hartley

Arkansas Law Review

From the courts of law to the courts of policy, collegiate tennis is hamstrung by the National Collegiate Athletic Association’s (NCAA) no-agent rule. The casual college or professional tennis fan may not be aware of the problem as the visible effects of the rule tend to make it seem like it is more of an individual player’s problem rather than a major concern for NCAA member schools. After all, it is the individual tennis player who loses a collegiate athletic opportunity if they violate the no-agent rule.


Appraising Policy: A Taxonomy Of Ex Ante Impact Assessments, Aaron Hurd Feb 2020

Appraising Policy: A Taxonomy Of Ex Ante Impact Assessments, Aaron Hurd

Indiana Journal of Constitutional Design

In the pursuit of better policy, many nations have turned to Impact Assessments as a potential solution. However, in order to make Impact Assessments as effective and impactful as possible, governments must think critically about which body should write Impact Assessments and what should go into these documents. In this Paper, I survey different Impact Assessment structures and the various government bodies formed to draft or review them. After completing this survey, I conclude that presidential and parliamentary systems should form their Impact Assessment offices differently in order to complement their differing governmental structures. While presidential systems would be best …


The Essential Roles Of Agency Law, Gabriel Rauterberg Feb 2020

The Essential Roles Of Agency Law, Gabriel Rauterberg

Michigan Law Review

This Article suggests a fundamental shift in how we think about agency. The essential function of agency law lies not only in enabling the delegation of authority, as is widely suggested, but as significantly in its effect on creditors’ rights through asset partitioning. There is an increasing temptation in legal scholarship to treat agency law as a sideshow confined to the first day of corporations class. This is because much of what agency law does in commerce could simply be accomplished through standard-form contracts that provide default terms for the relationships among firms, their managers, and third parties. Even agency’s …


Do You Really Know What Happened To Psy?: Controversial South Korean Music Censorship, Min-Soo "Minee" Roh Jan 2020

Do You Really Know What Happened To Psy?: Controversial South Korean Music Censorship, Min-Soo "Minee" Roh

Legal Writing Competition Winners

This paper was submitted to the Entertainment Law Initiative(ELI)'s The 22nd Annual Entertainment Law Initiative Writing Competition and was recognized by the Recording Academy by a formal letter for admission.


Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer Jan 2020

Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer

Student Scholarship

Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …


Justice-Free Zones: U.S. Immigration Detention Under The Trump Administration, Eunice Hyunhye Cho, Tara Tidwell Cullen, Clara Long Jan 2020

Justice-Free Zones: U.S. Immigration Detention Under The Trump Administration, Eunice Hyunhye Cho, Tara Tidwell Cullen, Clara Long

United States Department of Homeland Security

In the last three years, the Trump administration has grown the immigration detention system in the United States to an unprecedented size, at times holding more than 56,000 people per day. Since 2017, Immigration and Customs Enforcement (ICE) has anchored this growth in places where immigrants are most likely to be isolated from legal counsel, remain in detention without real opportunity for release, and are more likely to lose their cases. These new detention centers also exhibit patterns of mistreatment and abuse, including medical and mental health care neglect, that have been present since the inception of ICE’s detention system …


Recalibrating Suspicion In An Era Of Hazy Legality, Deborah Ahrens Jan 2020

Recalibrating Suspicion In An Era Of Hazy Legality, Deborah Ahrens

Seattle University Law Review

After a century of employing varying levels of prohibition enforced by criminal law, the United States has entered an era where individual states are rethinking marijuana policy, and the majority of states have in some way decided to make cannabis legally available. This symposium Article will offer a description of what has happened in the past few years, as well as ideas for how jurisdictions can use the changing legal status of cannabis to reshape criminal procedure more broadly. This Article will recommend that law enforcement no longer be permitted use the smell of marijuana as a reason to search …


Unfair-But-Not-Deceptive: Confronting The Ambiguity In Washington State’S Consumer Protection Act, Emily Beale Jan 2020

Unfair-But-Not-Deceptive: Confronting The Ambiguity In Washington State’S Consumer Protection Act, Emily Beale

Seattle University Law Review

This Comment will argue that Washington state courts must promulgate a new, workable definition of “unfair-but-not-deceptive” under Washington’s Consumer Protection Act. Washington courts have acknowledged that a business act or practice can be unfair but not deceptive, but a simple recognition does not fulfill the liberal intentions of the Consumer Protection Act. By continuously declining to define unfair- but-not-deceptive, Washington courts have left consumers vulnerable and without recourse. This Comment will highlight the approaches developed by the federal government and other state governments on how to confront the ambiguity of unfair-but-not-deceptive and will propose a concrete definition for the term.


Attorney–Client Privilege In Bad Faith Insurance Claims: The Cedell Presumption And A Necessary National Resolution, Klien Hilliard Jan 2020

Attorney–Client Privilege In Bad Faith Insurance Claims: The Cedell Presumption And A Necessary National Resolution, Klien Hilliard

Seattle University Law Review

Attorney–client privilege is one of the most important aspects of our legal system. It is one of the oldest privileges in American law and is codified both at the national and state level. Applying to both individual persons and corporations, this expanded privilege covers a wide breadth of clients. However, this broad privilege can sometimes become blurred in relationships between the corporation and the individuals it serves. Specifically, insurance companies and those they cover have complex relationships, as the insurer possesses a quasi-fiduciary relationship in relation to the insured. This type of relationship requires that the insurer act in good …


Masthead Jan 2020

Masthead

California Regulatory Law Reporter

No abstract provided.


Key Jan 2020

Key

California Regulatory Law Reporter

No abstract provided.


Dental Board Of California, Katie Abajian, Bridget Fogarty Gramme Jan 2020

Dental Board Of California, Katie Abajian, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


State Bar Of California, Madeline Rojer, Alaina Dye, Bridget Fogarty Gramme Jan 2020

State Bar Of California, Madeline Rojer, Alaina Dye, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Committee Of Bar Examiners, Halie Turigliatti, Bridget Fogarty Gramme Jan 2020

Committee Of Bar Examiners, Halie Turigliatti, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Department Of Business Oversight, James D. Colleran, R C. Fellmeth Jan 2020

Department Of Business Oversight, James D. Colleran, R C. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Board Of Pharmacy, Stephanie Mendivil, Bridget Fogarty Gramme Jan 2020

Board Of Pharmacy, Stephanie Mendivil, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Veterinary Medical Board, Christine Lambert, Bridget Fogarty Gramme Jan 2020

Veterinary Medical Board, Christine Lambert, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Board Of Registered Nursing, Shana Sobel, Bridget Fogarty Gramme Jan 2020

Board Of Registered Nursing, Shana Sobel, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Contractors’ State License Board, Mariela Romo, Bridget Fogarty Gramme Jan 2020

Contractors’ State License Board, Mariela Romo, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Bureau For Private Postsecondary Education, Mikaila Hernández, R C. Fellmeth Jan 2020

Bureau For Private Postsecondary Education, Mikaila Hernández, R C. Fellmeth

California Regulatory Law Reporter

No abstract provided.


California Public Utilities Commission, Michael J. Melton, Marcus Friedman, Strider Kachelein, R C. Fellmeth Jan 2020

California Public Utilities Commission, Michael J. Melton, Marcus Friedman, Strider Kachelein, R C. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Department Of Insurance, Marie Mcdonald Hulen, Brittany Hodgson, Bridget Fogarty Gramme Jan 2020

Department Of Insurance, Marie Mcdonald Hulen, Brittany Hodgson, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


A Commitment To The Whole Athlete: Embracing The Role Of Cannabinoids In Collegiate Athletics, Kelli Rodriguez Currie Jan 2020

A Commitment To The Whole Athlete: Embracing The Role Of Cannabinoids In Collegiate Athletics, Kelli Rodriguez Currie

Seattle University Law Review

Cannabinoids can be a highly effective way for athletes to combat various kinds of pain associated with intense training. Derivatives of cannabis, such as marijuana, have been used for centuries as a form of pain relief. Part I of this Article discusses how cannabinoids are used in sports medicine. Part II discusses the different approaches to marijuana and cannabidiol use across sports leagues. Part III highlights the inconsistencies between the NCAA’s approach to testing for substance abuse and its investment in student-athletes’ well-being. Part IV discusses how the NCAA must focus on student-athlete health. Finally, Part V concludes that the …


In Memory Of Professor James E. Bond, Janet Ainsworth Jan 2020

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.


Preserving The Nationwide National Government Injunction To Stop Illegal Executive Branch Activity, Doug Rendleman Jan 2020

Preserving The Nationwide National Government Injunction To Stop Illegal Executive Branch Activity, Doug Rendleman

University of Colorado Law Review

No abstract provided.


California Board Of Accountancy, Thomas Burke, Bridget Fogarty Gramme Jan 2020

California Board Of Accountancy, Thomas Burke, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography, Alexis Santiago Jan 2020

The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography, Alexis Santiago

Seattle University Law Review

As technology evolves, new outlets for interpersonal conflict and crime evolve with it. The law is notorious for its inability to keep pace with this evolution. This Comment focuses on one area that the law urgently needs to regulate—the dissemination of “revenge porn,” otherwise known as nonconsensual pornography. Currently, no federal law exists in the U.S. that criminalizes the dissemination of nonconsensual pornography. Most U.S. states have criminalized the offense, but with vastly different degrees of severity, resulting in legal inconsistencies and jurisdictional conflicts. This Comment proposes a federal solution to the dissemination of nonconsensual pornography that carefully balances the …


Tiptoeing Through The Landmines: The Evolution Of States’ Legal Ethics Authority Regarding Representing Cannabis Clients, Karen E. Boxx Jan 2020

Tiptoeing Through The Landmines: The Evolution Of States’ Legal Ethics Authority Regarding Representing Cannabis Clients, Karen E. Boxx

Seattle University Law Review

Despite the continued federal classification of cannabis as an illegal drug, states have legalized the possession, use, production, and sale of cannabis. In order to do so, the states have created complex regulatory schemes to control and monitor the cannabis industry and satisfy the federal government concerns, such as use by minors and organized crime involvement. First, this Article presents the ethical dilemma of cannabis lawyering. Second, this Article describes the history, evolution, and current status of the various states’ pronouncements on a lawyer’s ethical duties with respect to the business and use of cannabis that may be legal under …


Department Of Managed Health Care, Taylor C. Brewer, Rayne Brown, Bridget Fogarty Gramme Jan 2020

Department Of Managed Health Care, Taylor C. Brewer, Rayne Brown, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.


Medical Board Of California, Angela O’Hara, Bridget Fogarty Gramme Jan 2020

Medical Board Of California, Angela O’Hara, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.