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Full-Text Articles in Other Law

Title Ix And Athlete Compensation In The Postamateurism Era, Erin E. Buzuvis Jan 2025

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 Sep 2024

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 Jan 2024

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 Sep 2023

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 May 2023

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 Jan 2023

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 Jul 2022

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 Apr 2022

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 Nov 2021

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 Apr 2021

Movement Law, Jocelyn Simonson, Amna A. Akbar, Sameer M. Ashar

Faculty Scholarship

No abstract provided.


Pernicious Loyalty, Andrew S. Gold Mar 2021

Pernicious Loyalty, Andrew S. Gold

Faculty Scholarship

No abstract provided.


Conscience Leave, Andrew K. Jennings Jan 2021

Conscience Leave, Andrew K. Jennings

Faculty Scholarship

No abstract provided.


From Loyalty To Justice, Andrew S. Gold Dec 2020

From Loyalty To Justice, Andrew S. Gold

Faculty Scholarship

No abstract provided.


Warranty, Product Liability And Transaction Structure: The Problem Of Amazon, Aaron D. Twerski, Edward J. Janger Oct 2020

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 Oct 2020

How To Fix Legal Scholarmush, Adam J. Kolber

Faculty Scholarship

No abstract provided.


The Internal Limits On Fiduciary Loyalty, Andrew S. Gold Jun 2020

The Internal Limits On Fiduciary Loyalty, Andrew S. Gold

Faculty Scholarship

No abstract provided.


Why We (Probably) Must Deliberately Infect, Adam J. Kolber May 2020

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 Apr 2020

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 Apr 2020

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 Jan 2020

An Essay On The Quieting Of Products Liability Law, Aaron Twerski

Faculty Scholarship

No abstract provided.


There’S Feminism In These Judgments, Anita Bernstein Jan 2020

There’S Feminism In These Judgments, Anita Bernstein

Faculty Scholarship

No abstract provided.


Oliver Evans And The Framing Of American Patent Law, Christopher Beauchamp Jan 2020

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 Jan 2020

(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 Dec 2019

Negative Liberty Meets Positive Social Change, Anita Bernstein

Faculty Scholarship

No abstract provided.


Navigating Introvert Hell, Heidi K. Brown Jul 2019

Navigating Introvert Hell, Heidi K. Brown

Faculty Scholarship

No abstract provided.


Ordinary Causation: A Study In Experimental Statutory Interpretation, James Macleod Jul 2019

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 Apr 2019

Uncompensated Takings: Insurance, Efficiency, And Relational Justice, Brian Angelo Lee

Faculty Scholarship

No abstract provided.


Repealing Patents, Christopher Beauchamp Mar 2019

Repealing Patents, Christopher Beauchamp

Faculty Scholarship

No abstract provided.


Face Fear - Don't Fake It, Heidi K. Brown Mar 2019

Face Fear - Don't Fake It, Heidi K. Brown

Faculty Scholarship

No abstract provided.


Defusing Bullies, Heidi K. Brown Jan 2019

Defusing Bullies, Heidi K. Brown

Faculty Scholarship

No abstract provided.