Ezekiel Elliot v. The NFL
November 21, 2017Archives . Authors . Blog News . Feature . Feature Img . Recent Stories . Student Blogs ArticleThe National Football League (NFL) has been flooded with off the field controversies this year, including, the ongoing legal battle between the NFL and Dallas Cowboys’ running back, Ezekiel Elliot. On August 11, 2017, the NFL suspended Ezekiel Elliot six games for violating the NFL’s personal conduct policy. This resulted from a year-long investigation by
Taking on the National Football League
November 17, 2017Archives . Authors . Blog News . Certified Review . Feature . Feature Img . Policy/Contributor Blogs . Recent Stories . Student Blogs ArticleOn October 15, 2017, several news and media outlets reported that former San Francisco 49ers quarterback Colin Kaepernick would be filing a grievance against the National Football League. Kaepernick, following the requisite procedure, filed his grievance under the National Football League’s Collective Bargaining Agreement alleging collusion amongst the 32 owners of NFL teams. What started
It’s Time to Pay the Student-Athletes
November 11, 2017Archives . Authors . Blog News . Feature . Feature Img . Recent Stories . Student Blogs ArticleIt seems as if every year a new NCAA scandal emerges. This year, an FBI investigation revealed corruption, bribery, and fraud between assistant coaches, universities, investment firms, and Adidas affiliates. The biggest school involved is the University of Louisville, which is a college basketball powerhouse. In the complaint of the criminal case, U.S. v. James
Collective Bargaining for Farmworkers
November 8, 2017Archives . Authors . Blog News . Feature . Feature Img . Recent Stories . Student Blogs . Uncategorized ArticleFreedom of association protects workers’ rights to organize and collectively bargain. Collective bargaining is when workers negotiate with their employer over important arrangements, such as employee benefits and working conditions, with the idea that workers have more bargaining power collectively than individually. Farmworkers have been systemically denied the right to collectively bargain and organize throughout
The Evolution of Patent Law
October 29, 2017Archives . Authors . Blog News . Feature . Recent Stories . Student Blogs ArticlePatent Law and Patent Trolls Modern patent law jurisprudence has grown enormously over the last 20 years. Mirroring the boom in Internet technology dating back to the early 2000s, the number of patents filed with the United States Patent and Trademark Office has skyrocketed in recent years. While Google, Facebook, and other Internet-driven companies have
America’s Favorite National Pastime: 7th Circuit Upholds Baseball’s Antitrust Exemption
October 20, 2017Archives . Authors . Blog News . Feature . Recent Stories . Student Blogs ArticleAlthough baseball’s popularity has waned in recent years, the sport remains unique from any other professional sports league in that it is exempt from the scrutiny of federal antitrust laws. While other leagues have attempted to gain a similar exemption, and have consistently been unsuccessful, baseball has managed to maintain the exemption for close to
Constitutionality of DACA Rescission
October 1, 2017Archives . Authors . Blog News . Feature . Feature Img . Interviews . Recent Stories . Student Blogs ArticleOn September 5, the current administration rescinded the guarantee to many young people currently in America illegally that the government would not interfere with their work or studies. This program, known as the Deferred Action for Childhood Arrivals (or DACA) was designed to allow young undocumented immigrants, brought to America illegally, work permits and safety
North Dakota’s Relaxed Pro Hac Vice Provision for Water Protectors Should Stay
September 27, 2017Archives . Authors . Blog News . Feature . Feature Img . Recent Stories . Student Blogs ArticleThe North Dakota Legislature clarified that it believes constructing pipelines matters more than protecting people’s right to peacefully protest when it passed legislation in January 2017 that increases penalties for and further criminalizes acts of non-violent resistance. The impetus for this batch of anti-protest legislation was the Standing Rock movement, in which the Standing Rock
Lessons in Diversity Jurisdiction from the First Circuit
May 15, 2017Archives . Authors . Blog News . Feature . Policy/Contributor Blogs . Recent Stories . Uncategorized ArticleThe importance of subject-matter jurisdiction is axiomatic in federal courts. Parties must either get to federal court via a federal question or on the basis of diversity of citizenship. Given the centrality of subject-matter jurisdiction, Federal Rule of Civil Procedure 12(h)(3) mandates that cases that lack subject-matter jurisdiction must be dismissed. Even when issues of
Microsoft v. Baker
April 28, 2017Archives . Authors . Blog News . Issue Spotters . Recent Stories . Student Blogs ArticleWithout the class action, many consumers would have no practical remedy for damages suffered no matter how good a claim they may have. For instance, when a consumer believes he is sold a faulty Xbox 360 that damages his $30 videogame disc, it makes no sense for him to pay the $400 filing fee to