Jun 1, 2020 | Antitrust and Trade Regulation, Case Note, Jack Milligan
By Jack Milligan Abstract TELEVISION is the lifeblood of the National Football League (NFL), generating billions of dollars in annual revenue and ensuring the league remains America’s most watched sport. The league’s television deals also play a major role...
Jun 1, 2020 | Case Note, Immigration, Meagan Maloney
By Meagan Maloney Abstract IN Gonzales-Veliz v. Barr, the Fifth Circuit Court of Appeal ad dressed whether it would recognize “Honduran women unable to leave their relationship” as “a particular social group” warranting asylum under the Immigration and Nationality Act...
Jun 1, 2020 | Case Note, Eminent Domain, James Kemp, Property Law and Real Estate
By James Kemp Abstract SINCE Pennsylvania Coal Co. v. Mahon, the law has recognized that the government need not physically occupy property or exercise its power of eminent domain to take private property under the Fifth Amendment, instead recognizing that the...
Jun 1, 2020 | Case Note, Kyle Gromann, Supreme Court of the United States
By Kyle Gromann Abstract IN Texas Health Presbyterian Hospital of Denton v. D.A., the Texas Supreme Court engaged in flawed logical reasoning and employed inconsistent legal standards to find that a statute was unambiguous. Moreover, the Texas Supreme Court’s...
Jun 1, 2019 | Case Note, Criminal, Nathaniel Hopkins
By Nathaniel Hopkins Abstract In United States v. Sealed Search Warrants (Warrants), the Fifth Circuit issued a ruling within an existing circuit split holding that district courts must conduct a case-by-case analysis to determine whether the common law right of...
Jun 1, 2019 | Case Note, Dominic Riella, Intellectual Property
By Dominic Riella Abstract Common law concurrent trademark use is based on the judicially created Tea Rose–Rectanus doctrine. Although the Lanham Act has codified much of trademark law, courts today still apply some old common law concepts, including the Tea...
Jun 1, 2019 | Case Note, First Amendment, Griffin S. Rubin
By Griffin S. Rubin Abstract Law professors and legal commentators seldom spare a kind word for the distinctive “anomalies and absurdities” that constitute defamation law, as these “senseless distinctions and overly technical rules” have left judges and juries...
Jun 1, 2019 | Case Note, Privacy Law, Tri Truong
By Tri T. Truong Abstract The touchstone of the Fourth Amendment is reasonableness, for it concerns the realm of individual liberty, not expediency in law enforcement. And it is in this light that the Supreme Court has recognized a person’s constitutionally protected...
Jun 1, 2019 | Case Note, Cody Wilson, Gaming Law, Indian and Aboriginal Law, State and Local Government
By Cody Wilson Abstract “[A]t gambling, the deadly sin is to mistake bad play for bad luck.” Native American tribes should keep those words in mind following the decision issued by the Unites States Court of Appeals for the Ninth Circuit in State of California...
Jun 1, 2018 | Case Note, Fourth Amendment, Tammie Beassie Banko
By Tammie Beassie Banko Abstract To determine whether a state action violates the Fourth Amendment, the Supreme Court employs a balancing test, weighing on the one hand “the degree to which [the action] intrudes upon an individual’s privacy and . . . the degree to...
