8700 research outputs found
Sort by
Deadly Decisions: Prosecutorial Misconduct and Prosecutorial Discretion in the Death Penalty System
Get PDF
Challenging Florida’s Parental Rights in Education Act, AKA the “Don’t Say Gay” Law: Finding Equality Through Equal Protection Doctrine
Get PDFThe Demise of the Hub-and-Spoke Cartel and the Rise of the Student Athlete: A Significant Step Toward a New Era of Conferences in \u3cem\u3eNCAA v. Alston\u3c/em\u3e
Get PDFThe NCAA is not above the law. On June 21, 2021, the Supreme Court unanimously held in NCAA v. Alston that the NCAA’s student-athlete compensation restrictions violated § 1 of the Sherman Act, and student athletes may now obtain education-related benefits from their name, image, and likeness (NIL). The Court’s holding marked the first time the NCAA’s compensation restrictions failed antitrust scrutiny under the Rule of Reason analysis, but by limiting its holding to education-related benefits, the Court refused to open the floodgates to all forms of NIL compensation. Within its holding, the Court notably rejected the NCAA’s procompetitive argument of preserving amateur athletics, which had largely withstood judicial pressure for nearly half a century.
While the Court found the NCAA’s compensation restrictions amounted to horizontal restraints on the student-athlete cognizable labor market as the NCAA engaged in blatant price fixing, it is the NCAA’s enforcement of the restrictions rather than the restrictions themselves that manifests the Sherman Act violation. This Note argues that the NCAA should cede its control over to the conferences comprised of its member institutions, which would remedy the Sherman Act violation as the conferences are in competition with each other, thus making the compensation restrictions a reasonable restraint on trade. Significantly, Justice Kavanaugh’s fiery concurrence in Alston implored the Court to expand its holding to other areas of NIL compensation restrictions outside education, which foreshadows that the Court’s decision in Alston may be essentially mark the end of the NCAA’s iron grip on student athletes
The United States Should Take a Page Out of Canadian Law When It Comes to Privacy, Genetic and Otherwise
Get PDFGenetic information is intimate and telling data warranting privacy in public and private realms. The privacy protections offered in the United States and Canada vastly differ when it comes to genetic privacy. Search and seizure law mirrors the privacy gap in the countries, as well as their treatment of DNA database information.
This note explores the foreshadowing of the creation of genetic privacy laws and their varying levels of protection based on the way private information was treated by state actors through search and seizure caselaw, the creation of legal precedent, and the treatment of intimate personal data in the form of blood or DNA. The note will also address where the United States Genetic Information Non-Discrimination Act of 2008 fails to truly guard the American genetic information and the dangers that come with that gap
Hip Hop Turns 50: The End of a Criminal Cartel
Get PDFMost people are familiar with superstar rappers like Kanye West, Nicki Minaj, and Drake, who continue to anchor hip-hop in a competitive culture of braggadocio, high fashion, and lethal lyrics. Many are also familiar with the recent deaths of rising stars like King Von, Pop Smoke, PnB Rock, and Takeoff due to gun violence. However, beyond the megastars, melodic music, and the high-profile murders, hip-hop represents a global marketplace valued at over $15 billion, which is shocking considering the poverty surrounding its birth. On the eve of its 50th anniversary in 2023, hip-hop’s position as the dominant form of contemporary music remains unassailable.2
However, hip-hip as a business sector has also been known for shady business tactics, thuggery, unsavory individuals, and a longstanding history of using organized crime and violence to resolve conflict. Issues like these merit real examination from a new perspective such as: “what’s the accountability within the music industry and law enforcement community for these events” and “what responsibilities do the media companies funding rap music have when they employ rogue artists engaged in criminality.” Simply put, if hip-hop artists are engaged in criminal activity sanctioned and funded indirectly by their music labels, then those companies should also be held criminally responsible for the resulting harm. For that reason, this paper sets forth the legal framework to establish criminal culpability on behalf of the financiers that have been inadvertently or intentionally funding these criminal enterprises in hip-hop over the last 50 year
Beware of Testing the Waters: Wading Into Litigation Could Cost the Company Its Arbitration Right
Get PDFThe following situation may sound all-too-familiar for general counsel: a former employee files a lawsuit against the company, despite the existence of a binding arbitration clause in the employment contract. Now, the company must make an important decision. Should it engage in the suit, perhaps move to dismiss, or should it immediately move to compel arbitration and get out of court? This Article dis- cusses the Supreme Court’s May 23, 2022 unanimous opinion in Morgan v. Sundance, which involved this very factual scenario, and seemingly could make it easier for courts to find that the moving party has waived its right to arbitration by engaging in litigation because prejudice is no longer part of the equation. Accordingly, the answer to the question above requires careful analysis of a company’s strategic options at the outset of the case. If the company decides that arbitration is the preferred and more favorable path, it likely should invoke that right early to avoid the risk of losing the right to arbitrate altogether
What’s Your Damage?! The Supreme Court Has Wrecked Temporary Takings Jurisprudence
Get PDFIn Cedar Point Nursery v. Hassid, the U.S. Supreme Court unnecessarily expanded the Fifth Amendment’s Takings Clause. In doing so, the Court veered away from established precedent and overturned prior case law—without expressly admitting to doing so.
In 2021, the Court held that a California law allowing union organizers to access private property under certain conditions took away a landowner’s right to exclude others and was (apparently) immediately compensable under the Fifth Amendment’s Takings Clause. Prior law had subjected temporary takings to an uncertain, unpopular, and ambiguous balancing test—but the Cedar Point holding turned temporary takings jurisprudence on its head by finding a per se taking in an ordinance allowing limited and temporary physical invasions. In doing so, the Court left several questions unanswered, further muddied a murky area of the law, and likely invited a panoply of new lawsuits and varied legal opinions.
The measure of damages and the remedy for a temporary taking are entirely unclear after Cedar Point—as this (rather important) issue was virtually ignored by the Court’s majority. Further, the Court never explained its departure from existing balancing tests or the need for a new per se test. This confusing decision has led to more lawsuits that allege a further expansion of takings law
Island Musings: A Selective Bibliography of Early Key West
Get PDFThis bibliography identifes and describes 75 works that focus on Key West during its first 50 years (1821-71) as a U.S. possession. General, legal, and popular culture materials are included