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Darryl Wilson, The Legal Ramifications of Saving Face: An Integrated Analysis of Intellectual Property and Sport, 4 Villanova Sports and Entertainment Law Journal 227 (1997)Clicking on the button will copy the full recommended citation.
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Darryl Wilson, Parity Bowl IX: Barrier Breakers v. Common Sense Makers–The Serpentine Struggle for Gender Diversity in Collegiate Athletics, 27 Cumb. L. Rev. 397 (1997)Clicking on the button will copy the full recommended citation.
This article reviews the most recent legal maneuvers impacting gender parity in collegiate athletics. Section I examines the origins of female participation in sports that allegedly support the current sexually discriminatory system. This article also analyzes the notion that the motivating factor in the development of Title IX was the need for overall systematic change, noting specifically that the origins of the Act had nothing to do with sports activities. Although the Act was an outgrowth of amendments to certain human rights legislation, the sports focus of Title IX is arguably an inappropriate analogy to the civil rights struggle in this country. Section II discusses the vast breadth of the most recent judicial and legislative responses to the disputes over the scope of Title IX. Section III argues that the current interpretations, when taken to their logical extremes, spell certain doom for big-time college athletics as Americans know it. By removing the facade of amateurism and professionalizing big-time college sports, Title IX can be affirmatively administered in a manner that is more equitable than its present application.
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Rebecca C. Morgan and D. Dixon Sutherland, Last Rights? Confronting Physician-Assisted Suicide in Law and Society: Legal Liturgies on Physician-Assisted Suicide, 26 Stetson L. Rev. 481 (1997)Clicking on the button will copy the full recommended citation.
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Rebecca C. Morgan, Society’s Search for a Legal and Ethical Basis of Physician-Assisted Suicide, 9 Journal of Aging and Social Policy 51 (1997)Clicking on the button will copy the full recommended citation.
A review of the way physician-assisted suicide (PAS) is being addressed in the United States reveal three models, each functioning out of distinctive concepts of autonomy: (1) litigation, which utilizes philosophical autonomy; (2) legislation, which utilizes political autonomy; and (3) act of conscience by a physician, which utilizes consumer autonomy. Each model raises a correspondingly distinct set of ethical questions and challenges centered around their point of reference - the judicial system, voters, or the doctor-patient relationship. The challenge for religion is to address PAS in solidarity with sufferers, physicians, and the community, rather than retreating into iconoclastic dogmas.
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Ellen S. Podgor, Globalization and the Federal Prosecution of White Collar Crime, 34 Am. Crim. L. Rev. 325 (1997)Clicking on the button will copy the full recommended citation.
Omitted from most of the recent discussions on the federalization of criminal law is the impact of federal investigations and prosecutions involving international activities. This essay specifically focuses on the international flavor developing in the prosecution of white collar crime. It discusses statutes with clear legislative language indicating extraterritoriality through either a direct international focus (Foreign Corrupt Practices Act), or through the specific incorporation of an extraterritorial provision in the statute. The essay next addresses judicial interpretation of white collar statutes where there has been no explicit reference to extraterritoriality in the statute. Jurisdiction bases in international law also are considered in the essay. The essay offers a sampling of the jurisdiction questions that have arisen as a result of white collar criminal activity exceeding the borders of the United States.
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Paul Boudreaux, The Quintessential Best Case for Takings Compensation—A Pragmatic Approach to Identifying the Elements of Land-Use Regulations That Present the Best Case for Government Compensation, 34 San Diego L. Rev. 193 (1997)Clicking on the button will copy the full recommended citation.
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Michael S. Finch, Choice-of-Law Problems in Florida Courts: A Retrospective on the Restatement (Second), in A Conflict of Laws Anthology (Gene R. Shreve ed., Anderson Publishing Company, 1997)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Taking the Principle of Just Compensation Abroad: Private Property Rights, National Sovereignty, and the Cost of Environmental Protection, 65 U. Cin. L. Rev. 539 (1997)Clicking on the button will copy the full recommended citation.
Part I of this article provides a brief background of the United States takings jurisprudence. It examines how the Fifth Amendment protects private property rights and when environmental regulation implicates the payment of just compensation. Part II reviews the methods by which the United States government seeks to protect the environment without infringing on private property rights, focusing on financial incentives and disincentives. Part III compares the many parallels between private property rights and national sovereignty. Part IV explores how lessons derived from the United States experience in balancing private property rights and environmental concerns are relevant to international environmental issues. It focuses on how the United States seeks to influence the environmental policy of other states through financial incentives and disincentives in multilateral and bilateral contexts. Concluding that such conditional assistance is consistent with the domestic principle of just compensation, the article offers a framework for when such assistance is justified.
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Peter Lake, Common Law Duty in Negligence Law: The Recent Consolidation of a Consensus on the Expansion of the Analysis of Duty and the New Conservative Liability Limiting Use of Policy Considerations, 34 San Diego L. Rev. 1503 (1997)Clicking on the button will copy the full recommended citation.
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Peter Lake and Robert D. Bickel, The Emergence of New Paradigms in Student-University Relations: From “In Loco Parentis” to Bystander to Facilitator, 23 J.C. & U.L. 755 (1997)Clicking on the button will copy the full recommended citation.