Strategic Idealizations of Science to Oppose Enviornmental Regulations: A Case Study of Five TMOLs
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The Sovereign Nation of Baseball: Why Federal Law Does Not Apply to "America's Game" and How It Got That Way
This article examines the relationship between Major League Baseball (MLB) and the law and discusses how it has evolved that MLB has become unofficially exempt from federal law on a wide range of issues due to its unique status within American society. Although its antitrust exemption is well-known, MLB has, in practice, not been subject to the forces of federal law in many other contexts as well, setting it apart from most other corporations and organizations - even other professional sports leagues such as the NFL, NHL and NBA. As a result of the wide berth provided to MLB by the federal courts and legislature, MLB has largely been free to govern itself pursuant to its own definition of what is in "the best interest of baseball" - denying its players even the most basic and fundamental due process rights, arbitrarily punishing those it has labeled as "rogue" owners, and willfully violating federal law that has applied to it for decades in theory but not in practice, in the process. From its inception in 1876 to the present, MLB has been, in effect, an extra-judicial entity, a society unto itself, answerable to no one in all but the most extreme circumstances. It is this atmosphere of de-facto sovereignty that has led to the culture of corruption identified within the recently released Mitchell Report, which beneath the fireworks over the names of the players identified within the report, quietly and systematically details MLB's decades-long disregard for federal law. Such disregard eventually provided a fertile breeding ground for the corporate malfeasance that permitted MLB to ignore both federal law and the overwhelming evidence of illegal drug use taking place within its locker rooms and to, in fact, encourage it throughout the 1990's and 2000's. In the end, as the Mitchell Report highlights, in MLB it was the system itself that was corrupt, with the identified players merely symptoms of the problem rather than the problem in and of themselves. This article examines how things progressed to this point.
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Civilizing Authority: Society, State, and Church
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Labor Pains: The Seventh Circuit Distorts the PDA to Bar Discrimination on In Vitro Fertilization
This note focuses on Hall v. Nalco Co., a recent case of first impression in the Seventh Circuit Federal Court of Appeals. In Hall, the Seventh Circuit found that, under the PDA, it is discriminatory for an employer to terminate an employee based on the employee's requests for time off to pursue in vitro fertilization treatments. Thus, because Hall presented sufficient facts for a jury to consider, the court reversed a grant of summary judgment for Nalco and remanded the case to the district court for review. While reversal of summary judgment was appropriate, the court engaged in faulty reasoning. Discrimination charges and claims filed under the PDA fall under the umbrella of gender-specific discrimination. Accordingly, Hall's claim must fail because, as the Supreme Court and Federal Courts of Appeal have noted, infertility is a gender-neutral condition. Without an additional showing of sex discrimination, Hall's claim does not fall under the umbrella of Title VII as amended by the PDA.
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Persons, Participating, and "Higher Law"
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