Showing 1 - 10 of 10
Persistent link: https://www.econbiz.de/10013157445
Federal district courts routinely issue broad injunctions prohibiting the federal government from enforcing constitutionally invalid laws, regulations, and policies on immigration and immigration-adjacent issues. Styled “nationwide injunctions,” they prohibit enforcement of the challenges...
Persistent link: https://www.econbiz.de/10012912039
The debate about the constitutionality and wisdom of Congress stripping federal courts of jurisdiction is as old as the Union. And it shows no sign of slowing, in light of recent efforts (successful and unsuccessful) to deprive federal courts of power to adjudicate controversial federal...
Persistent link: https://www.econbiz.de/10012765791
Legal scholars have written extensively about baseball's Infield Fly Rule -- its history and logic, its use as legal metaphor, and its cost-benefit policy rationales. This paper now conducts the first empirical analysis of the rule, exploring whether the rule's legal and policy justifications...
Persistent link: https://www.econbiz.de/10013034118
No sports rule has generated as much legal scholarship as baseball's Infield Fly Rule. Interestingly, however, no one has explained or defended the rule on its own terms as part of the internal rules and institutional structure of baseball as a game. This Article takes on that issue, explaining...
Persistent link: https://www.econbiz.de/10013061131
In "Time to Drop the Infield Fly Rule and End a Common Law Anomaly," Judge Andrew Guilford and Joel Mallord offer the first cohesive scholarly critique of baseball's venerated and venerable Infield Fly Rule. They argue that the rule is grounded in outdated notions of sportsmanship and opposition...
Persistent link: https://www.econbiz.de/10012995979
In Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC for the first time recognized the 'ministerial exemption' to federal employment discrimination laws, affirming the uniform position of the federal courts of appeals that the First Amendment prohibited claims for employment...
Persistent link: https://www.econbiz.de/10014172470
In "The Irrepressible Myth of Klein" (University of Cincinnati Law Review, 2010), I discuss the meaning, scope, and continued relevance of the Supreme Court's historic decision in United States v. Klein (1871), arguing that Klein is not the judicially powerful a precedent many believe it to be....
Persistent link: https://www.econbiz.de/10014178377
No rule in all of sports has generated as much legal scholarship as baseball’s Infield Fly Rule. Interestingly, however, no one has explained or defended that rule on its own terms as an internal part of the rules and institutional structure of baseball as a game. This paper takes on that...
Persistent link: https://www.econbiz.de/10014160858
In a previous article, I defended baseball’s infield fly rule, the special rule long beloved by legal scholars, in terms of equitable balance in distribution of costs and benefits between competing teams. This Essay applies those cost-benefit and equity insights to football. It explores...
Persistent link: https://www.econbiz.de/10014148999