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Articles 1 - 30 of 583
Full-Text Articles in Other Law
Title Ix And Athlete Compensation In The Postamateurism Era, Erin E. Buzuvis
Title Ix And Athlete Compensation In The Postamateurism Era, Erin E. Buzuvis
Faculty Scholarship
This Essay argues that Title IX applies to all manners of compensation that universities provide and facilitate to their athletes because of their athletic participation. This includes paying wages (when and if that becomes permissible), paying for NIL (when that permission takes effect), and facilitating payments from booster collectives that are working on those universities’ behalf (as happens now). The statute and its implementing regulations create a structure of substantive equality that is flexible enough to address even the changing landscape of college athletics as it applies to matters of compensation that were not contemplated by the drafters of the …
New York Falling Behind In Implementing Bold Climate Law, Michael B. Gerrard
New York Falling Behind In Implementing Bold Climate Law, Michael B. Gerrard
Faculty Scholarship
In July 2019, shortly after Gov. Andrew Cuomo signed the Climate Leadership and Community Protection Act (CLCPA), I wrote in an op-ed, “The champagne corks are still popping. But the realization is dawning that implementing the new law will be really, really hard. New York is boldly going where no state has gone before … It will take a great deal of sweat and treasure (no one knows just how much), as well as a continuation of the political will that brought us to this point.”
We still do not know how much sweat and treasure will be required, but …
Renewing Products Liability With Semen, Anita Bernstein
Renewing Products Liability With Semen, Anita Bernstein
Faculty Scholarship
No abstract provided.
Self-Assessment Tool (Sat) For Improving How Higher Education Institutions And Stem Units Address Sexual Harassment By Faculty And Administrators, Susan Saab Fortney, Theresa Morris
Self-Assessment Tool (Sat) For Improving How Higher Education Institutions And Stem Units Address Sexual Harassment By Faculty And Administrators, Susan Saab Fortney, Theresa Morris
Faculty Scholarship
Based on their systematic review of studies related to sexual harassment and higher education, researchers describe sexual harassment as an epidemic in higher education that constitutes one of the major challenges to an inclusive work and study environment. Persons involved in addressing sexual harassment recognize the extremely high institutional and individual costs associated with dealing with sexual harassment. Rather than reacting to sexual harassment that occurs, this Self-Assessment Tool assists institutions in examining and improving how they prevent and address sexual harassment.
The tool focuses on issues related to sexual harassment by faculty, administrators, and persons in supervisory positions, including …
The Common Law Inside Social Media, Anita Bernstein
The Common Law Inside Social Media, Anita Bernstein
Faculty Scholarship
No abstract provided.
What Mcculloch V. Maryland Got Wrong: The Original Meaning Of "Necessary" Is Not "Useful", "Convenient", Or "Rational", Steven Gow Calabresi, Elise Kostial, Gary S. Lawson
What Mcculloch V. Maryland Got Wrong: The Original Meaning Of "Necessary" Is Not "Useful", "Convenient", Or "Rational", Steven Gow Calabresi, Elise Kostial, Gary S. Lawson
Faculty Scholarship
McCulloch v. Maryland, echoing Alexander Hamilton nearly thirty years earlier, claimed of the word “necessary” in the Necessary and Proper Clause: “If reference be had to its use, in the common affairs of the world, or in approved authors, we find that it frequently imports that one thing is convenient, or useful . . . to another.” Modern case law has translated that understanding into a rational-basis test that treats the issue of necessity as all but nonjusticiable; The Supreme Court has never found a congressional law unconstitutional on the ground that it was not “necessary . . . …
Golden Shares And Social Enterprise, Naveen Thomas
Golden Shares And Social Enterprise, Naveen Thomas
Faculty Scholarship
No abstract provided.
Timeout For Sports Trademark Overprotection: Comparing The United States, European Union, And United Kingdom, Jodi S. Balsam
Timeout For Sports Trademark Overprotection: Comparing The United States, European Union, And United Kingdom, Jodi S. Balsam
Faculty Scholarship
No abstract provided.
Forum Selection Clauses, Non-Signatories, And Personal Jurisdiction, Robin Effron, John F. Coyle
Forum Selection Clauses, Non-Signatories, And Personal Jurisdiction, Robin Effron, John F. Coyle
Faculty Scholarship
No abstract provided.
Movement Law, Jocelyn Simonson, Amna A. Akbar, Sameer M. Ashar
Movement Law, Jocelyn Simonson, Amna A. Akbar, Sameer M. Ashar
Faculty Scholarship
No abstract provided.
Pernicious Loyalty, Andrew S. Gold
Conscience Leave, Andrew K. Jennings
From Loyalty To Justice, Andrew S. Gold
Warranty, Product Liability And Transaction Structure: The Problem Of Amazon, Aaron D. Twerski, Edward J. Janger
Warranty, Product Liability And Transaction Structure: The Problem Of Amazon, Aaron D. Twerski, Edward J. Janger
Faculty Scholarship
No abstract provided.
How To Fix Legal Scholarmush, Adam J. Kolber
How To Fix Legal Scholarmush, Adam J. Kolber
Faculty Scholarship
No abstract provided.
The Internal Limits On Fiduciary Loyalty, Andrew S. Gold
The Internal Limits On Fiduciary Loyalty, Andrew S. Gold
Faculty Scholarship
No abstract provided.
Why We (Probably) Must Deliberately Infect, Adam J. Kolber
Why We (Probably) Must Deliberately Infect, Adam J. Kolber
Faculty Scholarship
No abstract provided.
Building A Law-And-Political-Economy Framework: Beyond The Twentieth-Century Synthesis, K. Sabeel Rahman, Amy Kapczynski, David Singh Grewel, Jedediah Britton-Purdy
Building A Law-And-Political-Economy Framework: Beyond The Twentieth-Century Synthesis, K. Sabeel Rahman, Amy Kapczynski, David Singh Grewel, Jedediah Britton-Purdy
Faculty Scholarship
No abstract provided.
Transnational Fiduciary Law, Tamar Frankel
Transnational Fiduciary Law, Tamar Frankel
Faculty Scholarship
Fiduciary law is expanding throughout the world.1 It seems to be a new phenomenon, but in reality, it is not. Fiduciary law is ancient. It existed centuries ago in Mesopotamia, 2 Rome, 3 Egypt,4 Greece,5 as well as in Jewish 6 and Christian laws.7 Fiduciary duties arguably developed later in Great Britain when master landlords left for the holy land on religious crusades and had to rely on others to manage their estates.8 The ancient rules, such as those found in agency law in Mesopotamia, may not have been as sophisticated as the current ones-such …
An Essay On The Quieting Of Products Liability Law, Aaron Twerski
An Essay On The Quieting Of Products Liability Law, Aaron Twerski
Faculty Scholarship
No abstract provided.
There’S Feminism In These Judgments, Anita Bernstein
There’S Feminism In These Judgments, Anita Bernstein
Faculty Scholarship
No abstract provided.
Oliver Evans And The Framing Of American Patent Law, Christopher Beauchamp
Oliver Evans And The Framing Of American Patent Law, Christopher Beauchamp
Faculty Scholarship
No abstract provided.
(Almost) No Bad Drugs: Near-Total Products Liability Immunity For Pharmaceuticals Explained, Anita Bernstein
(Almost) No Bad Drugs: Near-Total Products Liability Immunity For Pharmaceuticals Explained, Anita Bernstein
Faculty Scholarship
No abstract provided.
Negative Liberty Meets Positive Social Change, Anita Bernstein
Negative Liberty Meets Positive Social Change, Anita Bernstein
Faculty Scholarship
No abstract provided.
Navigating Introvert Hell, Heidi K. Brown
Ordinary Causation: A Study In Experimental Statutory Interpretation, James Macleod
Ordinary Causation: A Study In Experimental Statutory Interpretation, James Macleod
Faculty Scholarship
No abstract provided.
Uncompensated Takings: Insurance, Efficiency, And Relational Justice, Brian Angelo Lee
Uncompensated Takings: Insurance, Efficiency, And Relational Justice, Brian Angelo Lee
Faculty Scholarship
No abstract provided.
Repealing Patents, Christopher Beauchamp
Face Fear - Don't Fake It, Heidi K. Brown
Defusing Bullies, Heidi K. Brown