...AMERICAN NEEDLE, INC. v. NATIONAL FOOTBALL LEAGUE et al. AMERICAN NEEDLE, INC. v. NATIONAL FOOTBALL LEAGUE et al. Background In January 2010, the Supreme Court weighed in on a case involving American Needle, Inc. versus the National Football League, et al. American Needle contended that the NFL was creating a monopoly, and restricting competition of head wear for the 32 teams that belonged in the NFL. Their argument was based in the fact that the NFL had awarded the manufacturing of all head wear to Reebok, and did not renew the American Needle, Inc. contract that was previously in effect. Because of this single award to Reebok for all NFL teams, American Needle, Inc could no longer produce head gear for any of the teams. American Needle, Inc felt that all the teams were individual entities and the NFL operating on their behalf was in direct violation of Section 1 of the Sherman Act which disallows unreasonable restraint on competition. The NFL argued that they were a single entity representing all the teams in the NFL and were not a monopoly because they did not restrict any one teams opportunities in business, simply negotiated on their behalf. Court Decision The Supreme Court sided with American Needle, Inc. and decided that all 32 teams in the NFL were significant and individual business entities. It indicated that the NFL teams compete in the sport of football, as well as in the marketplace and were therefore each individually potential clients for vendors. This...
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...w/ Brown decision. • Arkansas Governor Orval Faubus spoke against deseg. Plan, ordered Nat. Guard to surround Central High. Of the nine black students, Elizabeth Eckford did not receive message that instructed her not to go to school alone • Under court order, Faubus removed Nat. Guard, white mob rioted. Eisenhower ordered 1000 fed. Troops to Little Rock. Sept 25, 1957- Little Rock Nine entered • Rosa Parks- refused to give up seat to white passenger and was arrested. In protest, many Mont.'s 50,000 Af.Am. org. boycott against bus sys., Mont. Improvement Assoc.- group of local civil rights leaders, persuaded comm. To continue to boycott while naacp and parks appealed her conviction. • MIA chose MLK as spokesperson. 1956- Supreme Court declared both Mont/ Alabama seg. Laws unconstit. Mont had a deseg. Bus sys. • Civil Rights act 1957- fed. Crime to prevent qualified persons from voting. Also set up Civil Rights Commission to investigate violations of law. • Felix Longoria - Mex.Am. soldier killed in WWII, town's only funeral home director refused to allow the use of the chapel for Longoria's burial. Many Am. Expressed outrage at this treatment of vet. Senator Lyndon B Johnson( TX) arranged for Longoria to be buried. • Am. GI Forum- group dedicated to protecting rights of Hispanic vets. LULAC- focused on ending...
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...Law 252 Business Torts — Week One Course Reading Assignment 1 Part One: The "borderland" between tort and contract. Sommer v, Federal Signal Corp., 79 N.Y.2d 540 (1992); IKEA North American Services, Inc. v. Northeast Graphics, Inc., 56 F.Supp.2d 340 (S.D.N.Y. 1999). Part Two: Introduction to the economic loss doctrine. Grams v. Milk Products, Inc., 283 Wis.2d 511 (2005). ' I have edited the cases in this attachment. Le • ' 593 N.E.2d 1365 79 N.Y.2d 540, 593 N.E.2d 1365, 583 N.Y.S2d 957 • (Cite as: 79 N.Y.2d 540, 593 N.E.2d 1365, 583 N.Y.S.2d 957) Page I .'Sommer v. Federal Signal Corp. N.Y.,1992. Court of Appeals of New York. Beverly SOMMER et al., Respondents-Appellants, v. FEDERAL SIGNAL CORPORATION et Respondents-Appellants, andHohnes Protection, Inc., Appellant-Respondent, et al, Defendant (And a Third-Party Action and All Related Consolidated Actions.) May 12,1992. OPINION OF THE COURT KAYE, Judge. substitute-initially understood that 810 wanted normal service restored. But as the brief conversation proceeded, the dispatcher became confused by the caller's repeated insistence that he would "activate" the system and the dispatcher concluded-without attempting to elicit greater clarification from the caller, or any other confirmation-that 810 wanted its system taken out ofservice. Seven to nine minutes later, Holmes began receiving fire signals from the building. However, consistent with his mistaken impression that the system was to be taken out...
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...Advocacy Groups - an association of individuals or organizations who unite to actively support or defend an idea, usually to influence policies or resource allocations through media campaigns, public presentations, publicity, and legislative lobbying efforts; GROUP WHO TRY TO RAISE AWARENESS AND INFLUENCE POLITICS AND RESOURCE ALLOCATION advocacy groups are broader. interest groups are more specific. for example an environmental group would be an advocacy group and a group to save the rainforest would be an interest group. Amicus Curiae - “Friend of the Court.” A brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has an interest in the outcome. SOMEONE, NOT BELONGING TO ANY PARTY, VOLUNTEERS TO OFFER INFORMATION TO ASSIST IN A CASE, WHICH IS WHY IT MEANS FRIEND OF THE COURT Astroturf - refers to political, advertising or public relations campaigns that are designed to mask the sponsors of the message to give the appearance of coming from a disinterested, grassroots participant (i.e. fake grassroots); FAKE GRASS/FAKE SUPPORT; OPPOSITE OF GRASSROOTS; Creating the impression of public support by paying people in the public to pretend to be supportive. Bundling - A tactic in which PACs collect contributions from like-minded individuals (each limited to $2000) and present them to a candidate or political party as a “bundle,” thus increasing the PAC’s influence. Checkbook Membership- send in money to be a member A checkbook member is...
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... I.D. 505 NLSIU, Bangalore LL.M. [1st year] Business law NATIONAL LAW SCHOOL OF INDIA UNIVERSITY BANGALORE Acknowledgement I have endeavored to attempt this project. However, it would not have been feasible without the valuable support and guidance of Dr.Jayagovind. I would like to extend my sincere thanks to him. I am also highly indebted to National Law School of India University Library Staff, for their patient co-operation as well as for providing necessary information & also for their support in completing this project. My thanks and appreciations also go to my colleagues who gave their valuable insight and help in developing this project. Aim: This Research aims to assess and analyse the Jan Lokpal Bill and other contextual things, so as to give a critique of it. Objectives: 1. To ascertain the flaws in the existing machinery to prevent corruption 2. To ascertain the need of the Jan Lokpal Bill 3. To know and unearth the fortes and debilities of the Jan Lokpal Bill 4. To attempt to find out the probable panacea to the...
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...procedure……………………………………..23 Sale and Purchase • Tips For Selling Property…………………………………...26 • Tips While Buying Property………………………………..27 Legal Documents…………………………………………………...30 India's Land Disputes • Whistling Woods International……………………….36 • Case against builder Hiranandani…………………………….37 • POSCO Case………………………………………………….39 Case Study: Singur Tata Land Controversy………………………....42 Recent News…………………………………………………………47 Bibliography…………………………………………………………50 Overview This project talks about the Legal and Regulatory Aspects of Buying and Selling of Immovable property. Immovable Property can be described as land, benefits arising out of land and things attached to the earth, or permanently fastened to anything attached to the earth. There are a number of acts which adhere to the issues relating to immovable property, but the main acts is Transfer Property Act – 1882.The act states the legal aspects related to buying and selling of immovable property. There have been a number of cases in the recent past related to Immovable Property namely- Whistling Woods Case, Case against builder Hiranandani, and Case study of Singur land. Introduction The Indian Judiciary is partly a continuation of the British legal system...
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...Legal Methods Outline How a Dispute Becomes a Case (16-29) I. Cases A. Procedural Posture: The movement of the case and the legal issues they hinge on. II. Reversing v. Overruling A. A court reverses the decision of a lower court in the same controversy. 1. Lower court is bound by precedent of higher courts – no exception. B. A court overrules itself - it disavows in a later, different case what it itself had ruled in a prior, different, but factually similar case. 1. Higher courts can overrule themselves – not bound by precedent. III. Res Judicata v. Stare Decisis A. Res Judicata – X may not ever again sue Y over this particular issue. 1. Res judicata - important in federal system of both state and federal courts because stops state court losing and then going to federal courts for the same issue. B. Stare Decisis – Requires following “the law,”/rule laid down by another case. 1. Appellate courts create stare decisis through opinions. 2. Law of the case – requires same defendant in every case. If the plaintiff wins, then those who come after can use it as well. A Case Timeline I. First Step - Is there a case? A. Is there a reasonable claim or cause of action? Is there a legal right for a remedy? – is this a question of “law”? – If no cause of action, then can’t be a case, but can be settled or just be dropped B. Can the individual prove by a preponderance...
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...www.ibpsexamguru.in Content: Current Affairs 2013 (December 2012,January 2013,febraury 2013,March 2013, April 2013 ) Howdy ! friends . we are providing Five months current affairs for all competitive exam preparation .. Source : Various Location on Web Portal . Contains : 1. International Awareness 2. National Awareness 3. States News 4. Confrences 5. Sports and News 6. Awards and honors 7. Persons In News 8. Important dates 9. Books and Authors 10. Science and technology 11. Economy News INTERNATIONAL Mahama Re-elected as Ghana’s President : On 10 December Ghana’s incumbent President John Dramani Mahama of the ruling National Democratic Congress (NDC) has won the country’s presidential election.Mahama took 50.70 percent of the total valid votes cast, while his closest challenger, Nana Addo Dankwa Akufo-Addo of the New Patriotic Party (NPP) obtained 47.74 percent.With his re-election, Mahama becomes the fourth president to be elected under the Forth Republic.He had served as Ghana’s vice president since 2009. UN, Pakistan Launched ‘Malala Fund’ : Pakistan joined forces with the United Nations on 10 December 2012 to launch a fund aimed at boosting girls’ education throughout the world.The fund is named for Malala Yousafzai, the 15-year-old Pakistani girl. Pakistan’s President Asif Ali Zardari also announced a $10-million donation for a global war chest to educate all girls by 2015 set up in the name of Malala Yousafzai for campaigning for girls’ education. Shinzo Abe Elected...
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...Equal Rights Amendment and Its Implications for Business BMGT 380 Business Law The Equal Rights Amendment as proposed in 1923 was to specifically promote the equality of all persons regardless of gender. Arguments for and against use scary rhetoric to convince others that their side is the only option. The ratification of the ERA could diminish legal battles, as it would negate the traditional assumption that males hold rights and females must prove that they hold them. However, highly controversial and emotional issues such as abortion rights and gay right continue to cloud the overall intent of the Amendment. An Equal Rights Amendment would remove that differential assumption and shift the burden of proof to the alleged discriminator. The ERA while not creating a radical shift in most businesses, could affect industries and jobs that have been seen as traditionally male career fields including professional sports, the military and other highly physical or hazardous careers. Women would have the option to participate in these career fields and be subject to military conscription. “The Equal Rights Amendment (ERA) was the most highly publicized and debated constitutional amendment before the United States for most of the 1970s and early 1980s.” (Answers.com, 2009) The Equal Rights Amendment (ERA) stated "equality of rights under the law shall not be denied or abridged by the United States or by any state on account...
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...INTRODUCTION LGBT rights have been a hot topic in India during the last few months due to the Supreme Court of India‘s decision of recriminalizing gay sex. The issue of gay rights is very cloudy in our great nation. Most of this is due to the problems with the issue, the reasons for controversy, and the pros and cons of the issue. First of all, both sides have too many problems with gay rights for there to be a common ground on the issue. The biggest problem we find with the whole thing is the problem is not just fought by words, but also by physical means. Lesbian, gay, bisexual, and transgender (LGBT) people frequently face violence motivated by their sexuality or gender identity. Violence may be executed by the state, as in laws prescribing corporal punishment for homosexual acts or by individuals engaging in intimidation, mobbing, assault, or lynching. Violence targeted at people because of their perceived sexuality can be psychological or physical and can extend to murder. These actions may be motivated by homophobia, lesbophobia, biphobia, transphobia, and may be influenced by cultural, religious, or political biases. Currently, homosexual acts are legal in almost all Western countries, and in many of these countries violence against LGBT people is classified as a hate crime, which such violence being often connected with conservative or religious leaning ideologies which condemn homosexuality, or being perpetrated by individuals who associate homosexuality to being weak...
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...led to privacy issues, murmurings of which started surfacing only in recent years. A lot of research has been carried out by academicians on mobile technology and its impact on society. There have also been comparative studies on how privacy has changed for people over the years with the boom of social networking sites and smart phones. But, there has not been a substantial study or analysis conducted on how people's privacy has been directly affected by the ever-increasing population boom of mobile-phone users. This comparative study analyzes the concept of privacy with respect to mobile surveillance and draws upon prior work in the field of mobile surveillance, ranging from popular press on government surveillance in India and USA and case studies in these two countries related to people’s view on privacy, to the works of ACLU (American Civil Liberty Union) in USA and Stop CMS (Central Monitoring System) in India. The study is built around the analysis and comparison of the issue of mobile surveillance in both the countries, how people dealt with this, and the role of culture in determining people’s view on privacy. It also proposes suggestions for how future research can be carried out in the field of mobile surveillance. Keywords Privacy, surveillance, culture, mobile technology, society, ACLU, CMS Introduction The widespread use of mobile phones in the past decades have led to various developments in the field of communication. There has been a lot of positive development...
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...The word Lokpal was coined in 1963 by L.M. Singhvi, a Member of Parliament during a debate in Parliament about grievance redressal mechanisms. His son Dr. Abhishek Singhvi was head of the Parliament standing committee reviewing the bill[8] but later resigned from the post after a sex-tape controversy.[9] In order to bring to the attention of the government, the importance of enacting this bill, a focused campaigning was started in the form of the India Against Corruption (IAC) movement. Anna Hazare is heading core members of civil society and IAC movement. Being a foreground for Jan Lokpal campaign, IAC has also set up a website www.indiaagainstcorruption.org to encourage suggestions and objections from citizens across India.[7] Through these collaborative efforts till August 2011, IAC was able to upload the 23rd version of Jan Lokpal Bill draft.[10] Lokpal Bill The Lokpal Bill was first introduced by Shanti Bhushan in 1968[11] and passed the 4th Lok Sabha in 1969. But before it could be passed by Rajya Sabha, the Lok Sabha was dissolved and the bill lapsed.[12] Subsequent versions were re-introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008,[13] but none of them were passed. In 2011, during the Parliament's Winter Session, the Lok Sabha passed the controversial Lokpal Bill, but it was subsequently turned down in the Rajya Sabha.[14] Timeline and cost The Lokpal Bill has been introduced in the Parliament a total of eight times since 1968. * 1968 – 3 lakh[15]...
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...‘common law’ system: * The system of law derived from the English legal system. Uses judicially decided cases as the basic form of law. See chapter 10. * The way that the law is made: Judges make law based on decided cases (precedents) and develop sets of legal principles which emerge from the judgments in decided cases.’ See chapter 12, 13, and 14. * The category of laws which grew from the medieval royal courts (‘the courts of common law’) and other areas of law, which came from the medieval Lord Chancellor’s role (‘equity’). See chapter 10. * Decision making in courts after an adversarial trial: derived from historical ‘trial by battle’ introduced by Normans. The battle has since then become a verbal one. See chapter 2. * A court system for dispute resolution: See chapter 11. However, Australian law has developed distinct characteristics of its own: * A federal system made up of a Commonwealth and States and Territories: separates out the powers of different bodies of government. See chapter 8. * A limited recognition of indigenous customary law: Mabo (No 2) held that native title to land could exist, separate from the common law and based on indigenous customary law. Other forms of recognition are ad hoc, but do exist: * Criminal justice system in NT carried out on a customary basis rather than common law in certain cases. * Customary law marriage is recognised. * Certain aspects of indigenous heritage have been protected...
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...Constitutional Law II Tebbe Spring 08 4 Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate...
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...Management Education In a churning global marketplace, understanding the fundamental connections between business, the environment, and society has become essential. The roles and responsibilities of business as a global force are becoming more urgent and complex, and concepts related to societal responsibility and sustainability are gaining recognition as essential elements in business management. Increasing complexity and interdependence require new approaches. Companies need integrative management tools that help embed environmental, social, and governance concerns into their strategic thinking and daily operations. They need support as they internalize and integrate these issues into the core of businesses, engage in dialogue with stakeholders, and report their conduct. They require talented and ethical leaders who can not only advance organizational goals and fulfill legal and fiduciary obligations to shareholders, but who are also prepared to deal with the broader impact and potential of business as a positive global force in society. Any meaningful and lasting change in the conduct of corporations toward societal responsibility and sustainability must involve the institutions that most directly act as drivers of business behavior, especially academia. Academic institutions help shape the attitudes and behavior of business leaders through business education, research, management development programs, training, and other pervasive, but less tangible, activities, such as...
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