1412 research outputs found
Sort by
Accomplishing Equity Under Amateurism: The Name, Image, and Likeness Stipend
Full text linkThere are approximately 160,000 student-athletes participating in NCAA-sanctioned sports. In order to preserve their status as amateurs, the NCAA has historically prohibited student-athletes from earning certain forms of compensation during college. Demand for college sports has grown exponentially over the last fifty years, and it has become a billion-dollar industry. Despite large revenues, student-athletes still face industry-wide limits on compensation. Considering recent precedent and the NCAA’s Interim Name, Image, and Likeness Policy of 2021, this Comment proposes a rule change permitting a college to provide student-athletes a stipend for its use of their name, image, and likeness in sports broadcasts. This would create a more equitable revenue distribution system while maintaining the amateurism principle that the NCAA was founded on
Vaccine Passports and the Right to Exclude: How the Court’s Holding in \u3cem\u3eCedar Point Nursery v. Hassid\u3c/em\u3e Could Light Fire to the Debate on the Constitutionality of Vaccine Passport Requirements and Bans
Full text linkThe COVID-19 pandemic gave America its biggest health crisis in the last one hundred years. In efforts to resolve this crisis, several state governments have issued various types of public health measures. Three of these measures are Vaccine Mandates, Vaccine Passport Requirements, and Vaccine Passport Bans. This Comment explores the legality of these three public health measures through the unique lens of the Fifth Amendment Takings Clause. Specifically, this Comment focuses on how both Vaccine Passport Requirements and Bans infringe on property owners’ rights to include and exclude unvaccinated patrons. This, in turn, results in a physical taking under the Supreme Court’s current jurisprudence.
For the Sake of the Child: Parental Recognition in the Age of Assisted Reproductive Technology
Full text linkAssisted Reproductive Technology has expanded the ways in which families may be created. Some intended parents of ART-conceived children, however, are not recognized as legal parents under existing North Carolina law. This Article explores why this lack of parental recognition is unjust for ART-conceived children, and how legislative codification of the Uniform Parentage Act will provide a framework for just and consistent decisions across North Carolina courts tasked with resolving critical family law issues
Lochner as Literature: Weighing the Paternalism of Progressivism
Full text linkIn order to add a depth of understanding to the Lochner v. New York debate interpretation, this Comment utilizes an interdisciplinary approach by blending literary critique, legal analysis, and historical context to revisit Justice Peckham’s opinion. The context of the Progressive Era and the application of the law as literature movement framework reveal a critical subtext of the opinion, one which relies heavily on Paternalistic aspirations to assimilate immigrants. This Comment offers a unique perspective on Lochner v. New York while simultaneously providing a framework for future opinion analyses to aid attorneys best harness the power of metaphor in appellate argument
It Was Here a Second Ago: North Carolina Discovery andEphemeral Messaging Apps
Full text linkEphemeral messaging apps allow users to send and receive text messages that disappear after being read. How might such technology impact the practice of law, especially as it concerns discovery? This Article defines ephemeral messaging apps, reviews recent discovery litigation in North Carolina for possible points of application with ephemeral messaging apps, and analyzes the North Carolina Rules of Civil Procedure and the North Carolina Rules of Professional Conduct in light of ephemeral messaging apps. This Article also examines how other, out-of-state courts have dealt with ephemeral messaging apps in the context of discovery and makes some practical suggestions on what North Carolina courts might or should do when faced with ephemeral messaging apps and their use by attorneys or litigants in North Carolina