Ezekiel Elliot v. The NFL

The 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

On 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

It 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

Freedom 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

Patent 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

Although 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

On 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

The 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

The 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

Without 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

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