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All Volumes | Volume 85 | Issue 2

The Downside of Success: How Increased Commercialism Could Cost the NCAA Its Biggest Antitrust Defense

Jeffrey J.R. Sundram Tul. L. Rev. Comment

This Comment examines how the evolution of the NCAA, from an organization designed to promote fair competition and integrate intercollegiate sports into higher education, to a tax-exempt entity with annual revenues of over $500 million, could affect its favored antitrust status by the courts. The Comment first discusses how the NCAA has evolved over time. The author then examines how courts struggled to evaluate the organization’s antitrust liability, given its role in promoting amateurism, and how a Supreme Court loss ultimately helped shield the NCAA from antitrust liability in its dealings with student-athletes by accepting the preservation of amateurism as [...]

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Forum and Venue Selection Clauses in Seamen’s Employment Contracts: Can Contractual Stipulations Be Used to Defeat a Seaman’s Choice of Forum or Venue in a Jones Act Claim?

Jeremy Jones | Comment

A split in authority has developed over the enforceability of forum and venue selection clauses in Jones Act claims. While some courts hold such restrictions of a seaman’s choice of forum or venue invalid and unenforceable, others find forum and venue selection clauses presumptively valid. Confusing the issue further, several courts have held that while a seaman’s choice of forum is protected, and cannot be limited by a forum selection clause, the seaman’s choice of venue merits no such protection. This Comment suggests that the last of these approaches—under which a seaman’s choice of forum is protected, but choice of [...]

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Tracing the Origins of Fairly Traceable: The Black Hole of Private Climate Change Litigation

Mary Kathryn Nagle | Article
[O]ur emerging problems of the environment and ecological unbalance are worrisome problems indeed, and I am distressed that our law is so inflexible that we find ourselves helpless procedurally to meet these new problems. – Justice Harry Blackmun
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Convergence in Contort: Landlord Liability for Defective Premises in Comparative Perspective

Melissa T. Lonegrass | Article

The relatively recent transformation of landlord-tenant law has imported into the common law landlord-tenant relationship a number of obligations that have been recognized in civil law leases for centuries.Thus the common law’s embrace of an implied warranty of habitability closed a long-existing gulf between the two legal traditions’ approaches to the obligations of residential landlords. In both traditions today, breach of the landlord’s obligation to provide a safe and habitable dwelling gives rise to traditional contractual remedies, including termination of the lease and damages.However, the treatment of personal injuries, property damage, and nonpecuniary losses continues to differ across jurisdictional lines. [...]

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A Uniform Framework for Patent Eligibility

Efthimos Parasidis | Article

There is a need to clarify patent law so as to advance resolution of its most fundamental question–delineating the categories of subject matter that are eligible for patent protection. Coupled with the active role the Supreme Court has taken in examining this precise issue, individuals and nonprofit organizations have galvanized a public discourse through constitutional challenges to the issuance of various biotechnology patents. Despite a statutory framework that has remained constant since 1793, courts have been unable to create a comprehensive test for determining patent-eligible subject matter that accurately embodies the foundational principles that underlie the federal grant of patents. [...]

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“Sports Law”: Implications for the Development of International, Comparative, and National Law and Global Dispute Resolution

Matthew J. Mitten & Hayden Opie | Article

In this Article, we observe that legal regulation of national and international sports competition has become extremely complex and has entered a new era, which provides fertile ground for the creation and evolution of broader legal jurisprudence with potentially widespread influence and application. Our principal aim is to draw these developments to the attention of legal scholars and attorneys not necessarily familiar with sports law. Specifically, the evolving law of sports is having a significant influence on the development of international and national laws, is establishing a body of substantive legal doctrine ripe for analysis from a comparative law perspective, [...]

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      • Volume 87
        • Issue 1
        • Issue 2
        • Issue 3
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        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
      • Volume 85
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5 & 6
      • Volume 84
        • Issue 1
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        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6

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