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Wading in Alligator Infested Waters: An Analysis of Indemnification Provisions in College Athletic Coaching Employment Agreements
No full textCollege athletic coaches have always been under pressure from countless sources, whether that is recruiting new student-athletes, managing booster relations, or simply trying to win games. But recent rule changes that permit student-athletes to profit on their name, image, and likeness rights have brought to the forefront additional pressures on coaches as there are now questions about whether, and to what extent, coaches have personal liability for their acts or omissions in their roles as coaches and in capacities adjacent to their coaching roles. This Article uses as a case study a lawsuit brought against college football coach Billy Napier to explore the extent of that personal liability as well as the ability of coaches to be made whole by their employing schools for any losses suffered by the coaches.
In addition to the case study, this Article presents the results of primary research conducted by the Authors on the terms of college coaching employment agreements. In particular, this Article compares the presence (or, really, lack of presence) of contractual indemnification provisions in college coaching employment agreements to the prevalence of such provisions in the employment agreements of chief executive officers of public companies.
Drawing upon both the Napier case study and the results of the Authors’ research on the prevalence of indemnity terms, this Article then makes recommendations to college coaches with respect to their employment agreements, including suggestions around their negotiation for and written documentation of contractual indemnity protections
Water Flowing Down Wall Street
No full textWater scarcity is a perennial problem with dire consequences for the United States and governments around the world. A lack of adequate water resources is a systematic cause of environmental harm, economic damage, and societal division. Climate change has exacerbated these problems making water even more valuable and essential.
Financial actors have turned water into the new oil. These large financial actors profiteer from buying and selling water without any interest in its actual use as an input of production. Instead, they typically seek to hold these rights until dire situations, like droughts and fires, cause temporary, but large, spikes in the value of water. Speculation may not only drive water prices up, but it can also lead to greater concentrations of market power. Such concentrated control raises serious concerns about the rights of governments and consumers to essential resources.
This Article argues that current water law is ill-equipped to respond to the pathologies of financialized water. This Article is the first to call attention to these new actors by diagnosing the problems, illustrating them with current case studies from different jurisdictions, and suggesting principled avenues for reform of water regimes to rein in speculation and concentration. The reforms proposed in this Article aim to ensure that water management is efficient, fair, and environmentally friendly. In particular, this Article argues that jurisdictions should consider the role of communities in transactions, reinforce institutional control and antitrust measures in water markets, and limit the amount of water rights any single actor can hold. The Article also draws lessons about how other scarce resources at risk of financialization can be better managed
Curative Identity Formation Themes to Counteract Law School’s Hidden Curriculum
No full textEspecially given the sensitive and malleable life stage that many of our students are in, law schools should take meaningful steps to blunt and counteract the negative effects of the hidden curriculum, including in ways suggested in other articles in this symposium. One direct way to present countervailing messaging is through a required 1L course on professional identity formation (PIF). As described in this article, there are a number of benefits of explicitly addressing PIF topics early in law school, and doing so not only more effectively prepares our students to become practicing attorneys, it also responds directly to some of the more problematic effects of the hidden curriculum. Part I provides a brief overview of some of the existing avenues available to law schools to communicate identity-related themes to students—the context in which a 1L course could operate— including their strengths and limitations. Part II explores some of the explicit benefits of requiring a year- or semester-long PIF course. And Part III identifies four specific PIF themes that can be woven into a required 1L course to counteract especially damaging effects of law school’s hidden curriculum. By intentionally and explicitly addressing those negative effects, we will better carry out our missions of preparing students for a successful and satisfying career in law
A Comparison of Inadequate Doctrines: The Canadian “honour of the Crown” and the U.S. Federal Trust Responsibility
No full textSubverting the System: Reducing Sex Offender Recidivism and Aiding Reentry Through the Use of Specialty Courts
No full textSex offender policy in the United States is predicated on accomplishing risk reduction and increasing public safety via punishment and incapacitation. Theoretically, accomplishing these goals should lessen the risk that sex offenders pose to society. However, an accumulated research base suggests that sex offender policies are ineffective in that they do not reduce recidivism rates, do not diminish children’s risk of sexual predation, and produce numerous detrimental collateral consequences. Further, current sex offender policies may actively undermine risk reduction by placing factors known to reduce risk level, such as stable housing, employment, and social support, out of the reach of sex offenders. Protecting victims should be one of the most important goals of sex offender policy, yet these laws have not significantly reduced the prevalence and pain of sexual violence. Despite the obvious shortcomings of sex offender policies in the United States, systemic reform does not appear to be on the horizon. However, this Article seeks to explore a way to work within this reality: subverting the system. Accordingly, it first seeks to outline sex offender policies as they currently stand in the United States, focusing on measures including registration, community notification, and residency restriction, while noting the drawbacks to such measures. Second, it offers explanations for why sex offender policies in the United States appear to be shortsighted, as well as offers explanations based in social science for why this short-sightedness is unlikely to change. Third, it explores previous examples of subverting a restrictive system, those of juvenile specialty courts, adult drug courts, and adult mental health courts. Lastly, it pro vides a proposal for subverting the system as regards sex offenders in the form of sex offender specialty courts
WOCC Women\u27s History Month Book Display 07
No full textClose up of book display created by Women of Color Collective in the law library March 2025 highlighting the book She Came to Slay: The Life and Times of Harriet Tubman by Erica Armstrong Dunbar.
Harriet Tubman is best known as one of the most famous conductors on the Underground Railroad. As a leading abolitionist, her bravery and selflessness has inspired generations in the continuing struggle for civil rights. Now, National Book Award nominee Erica Armstrong Dunbar presents a fresh take on this American icon blending traditional biography, illustrations, photos, and engaging sidebars that illuminate the life of Tubman as never before. ISBN: 978-1982139599.https://scholarship.law.tamu.edu/womens-history-month-2025-photos/1007/thumbnail.jp
Dia De Los Muertos 2025 Display 01
No full textCollection of items on display honoring the Day of the Dead in the law library November 2025.https://scholarship.law.tamu.edu/los-muertos-2025-photos/1000/thumbnail.jp
Pro Bono Week Oct 2025 Book Display 14
No full textClose-up shot of a few books in display for National Pro Bono Week in the law library October 2025.https://scholarship.law.tamu.edu/pro-bono-week-2025-photos/1014/thumbnail.jp
Pro Bono Week Oct 2025 Book Display 04
No full textClose-up shot of the book, Rascuache Lawyer - Toward a Theory of Ordinary Litigation by Alfredo Mirandé in display for National Pro Bono Week in the law library October 2025.https://scholarship.law.tamu.edu/pro-bono-week-2025-photos/1004/thumbnail.jp
Pro Bono Week Oct 2025 Book Display 02
No full textClose-up shot of the book, Beyond Elite Law edited by Samuel Estreicher & Joy Radice in display for National Pro Bono Week in the law library October 2025.https://scholarship.law.tamu.edu/pro-bono-week-2025-photos/1002/thumbnail.jp