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NCAA – An Overview of Socioeconomic Status’s Impact on College Athletes, and the Regulations and Impact That Can Revolutionize the Amateurism World
Get PDFThis article will begin with a review of the rules and regulations concerning the likeness of athletes, and amateurism status used by the NCAA. It will also shed light on several key cases including: Oliver v. NCAA, Keller v. NCAA, and O’Bannon v. NCAA. After that, a discussion of how one’s socioeconomic status further illustrates that the ongoing problem with the current NCAA amateurism system. Finally, this paper will present suggestions for solving the current issues with the NCAA amateurism system, and provide different alternatives that the NCAA could take to revolutionize the world of amateurism, while remaining profitable
Valuation, Values, Norms: Proposals for Estate and Gift Tax Reform
Get PDFIn their contributions to this Symposium, Professor Joseph Dodge, Professor Wendy Gerzog, and Professor Kerry Ryan offer concrete proposals for improving the existing estate and gift tax system. Professor Dodge and Professor Gerzog are especially interested in accuracy in valuation, and advance specific proposals with respect to split-interest transfers and family limited partnerships. Professor Dodge makes an additional proposal to improve the generation-skipping transfer tax system, an understudied area of the law. Professor Gerzog\u27s Symposium contribution draws particular attention to the legal fiction on which the estate and gift tax marital deductions rely. She would restrict the availability of the deduction to only meaningful economic transfers to a spouse, consistent with a desire that tax results reflect the underlying substantive results. Professor Ryan also focuses on the estate and gift tax marital deduction, along with other wealth transfer tax benefits available to spouses. She imagines an expansion of those rules, showing how easily the law can be separated from economic substance
Good Faith – The Gordian Knot of International Commerce
Get PDFThis paper argues that good faith cannot be defined and furthermore that there is no need to define good faith as it takes on meaning when applied to facts. Hence an explanation or application of good faith is defined by its function namely to enforce the expected performance of both parties. It is further argued that the function of good faith will determine which fact pattern has to be found by a court in order to determine the expected performance of the contractual parties. It follows that good faith is the legal concept which allows courts to do justice and do it according to law. As good faith takes on meaning only when applied to contractual terms, Peden is correct to argue that “. . . the widespread use of ‘good faith’ in legislation is . . . completely unhelpful in the development of contractual good faith.”
An interesting way to juxtaposition this point transnationally is to look at international and US theories of good faith in the light of the development of good faith in a jurisdiction which has struck a civil law/common law compromise about the use of the concept. Australia presents itself as a fledgling nation in the development of good faith, while simultaneously being a CISG state subject to the good faith of Art. 7. The paper will therefore examine the following:
The theoretical base on which a definition or explanation of the function of good faith is based is very divergent and will be discussed in part one. The conclusion which can be drawn from part one will be applied in part two to the most important available judicial decisions in determining whether there is consistency in the application of the concept. Part three will discuss whether the CISG and the domestic interpretative methods will influence the applications of good faith
The Torturers: Evaluating the Senate Select Intelligence Committee’s Torture Report and Assessing the Legal Liability of “Company Y” Under the Alien Tort Statute
Get PDFThis analysis seeks to argue that ‘Company Y’ is responsible for its role in the use of inhumane and tortious interrogation techniques during the CIA’s Interrogation and Detention Program under the Alien Tort Statute. Furthermore, this analysis will seek to reconcile case law in light of the Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum Co., et. al., and subsequent court decisions opining on the extraterritorial reach of the Alien Tort Statute. Significantly, this analysis will also answer questions left open in the Kiobel decision by arguing that corporate entities, such as Company Y, may be held liable in U.S. courts for violations of international law. Although the Kiobel decision strongly indicated that corporate liability may attach under the Alien Tort Statute (hereinafter ATS) if there is a sufficient nexus to the United States, the court ultimately left open two questions of law: (1) whether corporations could be liable for tortious conduct under the ATS, and, if so, (2) under what circumstances the ATS could apply to conduct occurring outside the geographic territory of the United States. Notably, circuit courts disagree as to whether corporate liability exists under international law, and, if it does, how to determine whether such liability results in a colorable ATS claim. Lastly, this analysis will determine the extent to which a plaintiff could hold Company Y liable for tortious conduct occurring in territories outside the United States under the ATS
Crystal structure of di-μl-chlorido-bis[chloridobis( 1,2-dimethyl-5-nitro-1H-imidazole-κN3)- copper(II)] acetonitrile disolvate
Get PDF1,2-Dimethyl-5-nitroimidazole (dimetridazole, dimet) is a compound that belongs to a class of nitroimidazole drugs that are effective at inhibiting the activity of certain parasites and bacteria. However, there are few reports that describe structures of compounds that feature metals complexed by dimet. Therefore, we report here that dimet reacts with CuCl2•H2O to yield a chloridebridged copper(II) dimer, [Cu2Cl4(C5H7N3O2)4] or [Cu(μ-Cl)Cl(dimet)2]2. In this molecule, the CuII ions are coordinated in an approximately trigonal– bipyramidal manner, and the molecule lies across an inversion center. The dihedral angle between the imidazole rings in the asymmetric unit is 4.28 (7)℃ . Compared to metronidazole, dimetridazole lacks the hydroxyethyl group, and thus cannot form intermolecular O•••H hydrogen-bonding interactions. Instead, [Cu(μ-Cl)Cl(dimet)2]2 exhibits weak intermolecular interactions between the hydrogen atoms of C—H groups and (i) oxygen in the nitro groups, and (ii) the terminal and bridging chloride ligands. The unit cell contains four disordered acetonitrile molecules. These were modeled as providing a diffuse contribution to the overall scattering by SQUEEZE [Spek (2015). Acta Cryst. C71, 9–18], which identified two voids, each with a volume of 163 A ° 3 and a count of 46 electrons, indicative of a total of four acetonitrile molecules. These acetonitrile molecules are included in the chemical formula to give the expected calculated density and F(000). 1
Eicosapentaenoic Acid Modulates Trichomonas 1 vaginalis Activity
Get PDFTrichomonas vaginalis is a sexually transmitted parasite and, while it is often asymptomatic in 50 males, the parasite is associated with disease in both sexes. Metronidazole is an effective 51 treatment for trichomoniasis, but resistant strains have evolved and, thus, it has become 52 necessary to investigate other possible therapies. In this study, we examined the effects of native 53 and oxidized forms of the sodium salts of eicosapentaenoic, docosahexaenoic and arachidonic 54 acids on T. vaginalis activity. Eicosapentaenoic acid was the most toxic with 190 μM and 380 55 μM causing approximately 90% cell death in Casu2 and ATCC 50142 strains, respectively. In 56 contrast, oxidized eicosapentaenoic acid was the least toxic, requiring \u3e3 mM to inhibit activity, 57 while low levels (10μM) were associated with increased parasite density. Mass spectrometric 58 analysis of oxidized eicosapentaenoic acid revealed C20 products containing one to six 59 additional oxygen atoms and various degrees of bond saturation. These results indicate that 60 eicosapentaenoic acid has different effects on T. vaginalis survival, depending on whether it is 61 present in the native or oxidized form. A better understanding of lipid metabolism in T. vaginalis 62 may facilitate the design of synthetic fatty acids that are effective for the treatment of 63 metronidazole-resistant T. vaginalis
The Economic Opportunities of Retirement Migration in Central America and the Caribbean
No full textThis research empirically examines whether tourism industry efforts, as well as that industry’s performance determinants, overlap with the determinants that promote retirees’ flow from more economically developed countries (MEDC) to Caribbean and Central American (CC) destinations. Additionally, this study explores the effects of CC governments’ retirement incentive programs (a supply-side factor) in attracting MEDCretirees. While the Caribbean countries have traditionally taken the lead in the tourism industry, Central American countries now are taking the lead with constructing attractive retirement packages. The multiple regression results provide strong empirical evidence that government retirement incentive programs (GRIPs) hold significance in predicting MEDC- migrant stock at CC destinations and the attached capital flows (savings and social security retirement wealth). This study also provides evidence that international tourists flow with MEDC-migrant stock of retirees to the CC region
Zoning’s Centennial: A Complete Account of the Evolution of Zoning into a Robust System of Land Use Law—1916-2016 (Part II)
Get PDFThe idea that local land use law can intelligently shape settlement patterns was not a familiar concept in the late 1960s when the Town of Ramapo, New York adopted an ordinance that delayed development permits until the Town could provide needed infrastructure. Ramapo was experiencing unprecedented growth as one of the closest northern suburbs of New York City. Developers, who in some cases had to wait years for services to their land, sued; they argued that these phased development controls were intended to prohibit subdivisions and restrict population growth, which is not authorized under the state’s zoning enabling legislation.
New York’s highest court disagreed, holding that “phased growth is well within the ambit of existing enabling legislation.” The court found that Ramapo was not acting to close its borders to growth, but was trying to prevent the negative effects of uncontrolled growth. It found that Ramapo’s zoning was not in violation of the Federal or New York State Constitutions because a rational basis for phased growth exists where “the existing physical and financial resources of the community are inadequate to furnish the essential services and facilities which a substantial increase in population requires
It’s Time for the FDA to Define ‘Natural’
Get PDFThe authors discusses the FDA \u27s recent call for comments on a definition of the term natural as it applies to food
After Tackett: Incomplete Contracts for Post-Employment Healthcare
Get PDFThis is a story about a union and a private sector employer who repeatedly negotiated collective bargaining agreements which referenced side contracts which provided retirees with post-employment healthcare benefits. In the early decades of their relationship neither the union nor the employer appear to have given any thought to whether or not these retiree health benefits in fact vested—i.e. were promised to retirees at no cost for the remainder of their lives. By the 1980s and certainly the 1990s however, as health care costs soared and life expectancy expanded, both parties continued to regularly re-negotiate agreements that were silent as to this critical term. With time, predictably enough, the employer decided to eliminate this increasingly expensive benefit; the union objected vigorously on the ground that the benefit was promised to current retirees “for life” and could not be unilaterally terminated. Recently, in M & G Polymers v. Tackett, the Supreme Court considered the effect of this silence and unanimously concluded that courts should not construe ambiguous contract provisions in order to create lifetime promises especially in the context of labor contracts where obligations typically cease when the agreement terminates.
This paper attempts to assess the Court’s decision and to understand why both parties, in the face of increasing cost pressure, came to the same strategic conclusion during the course of bargaining over many years—i.e. that silence was preferable to an explicit commitment