AVERY FRIEDMAN—Professor Mark Tushnet coined the term “Constitutional Hardball” to define a series of actions that, while legal and within the bounds of our Constitution, overthrow traditions and norms for political gain. Many unwritten customs dictate processes of our government that the Constitution is silent on. Many long-term practices, such as the size of the […]
ELSA IANNOTTA—Peter Shane began his lecture by examining the unitary executive theory: the belief that Article II guarantees presidential control over the discretionary functions of the executive branch. Interpretations of the scope of presidential power vary widely, some argue the President controls officers who assist in executive functions, others claim the President can dictate how […]
Prefatory Pages Masthead Table of Contents Foreword Hon. Robin S. Rosenbaum Articles Beware of Testing the Waters: Wading Into Litigation Could Cost the Company Its Arbitration Rightby Susan L. Shin, Pravin R. Patel, Nicole Comparato, and Katheryn Maldonado An Essential Preliminary: The Grand Jury, Its Cloak of Secrecy, and the Misconceived Inherent Authority to Release Grand Jury […]
ALISON WYNNE—Following a merger in 2010, Ticketmaster became a wholly-owned subsidiary of Live Nation. This merger was conditioned on Live Nation being prohibited from “retaliating against concert venues for using another ticketing company [besides Ticketmaster], threatening concert venues, or undertaking other. . .actions against concert venues for ten years.” Despite this condition, the Department of Justice […]
SIERRA EPKE—At its heart, college athletics is a business. The National Collegiate Athletic Association (“NCAA”) raked in over $1.15 billion in revenue in 2021. With such a considerable amount of money on the line, college coaches who do not meet expectations can expect to get sacked––just like their quarterbacks. Yet, many coaches, especially those in Football […]
