Revamping the NCAA’s Penalty Structure Through Sentencing Guidelines

By Justin Sievert

On May 26, 2011, the NCAA Division I Infractions Appeals Committee issued its decision in the University of Southern California (USC) enforcement case. Perhaps the most important aspect of the decision is the impact it may have on current NCAA enforcement cases (e.g., the Ohio State University, University of Miami, University of North Carolina, etc.). Specifically, the appeals committee’s addressed whether the Committee on Infractions was bound to case-precedent when implementing penalties for current cases. The appeals committee noted, “the principle of guidance from prior decisions is not an unyielding directive. It is instead a matter of considered judgment to be applied along with all other factors which this committee has recognized should guide the Committee on Infractions and this committee.”

In essence, the appeals committee has provided the Committee on Infractions a great deal of latitude in finding a violation and issuing a penalty. This subjectivity could lead to inconsistent results, which would adversely impact the due and fair process rights of parties in the enforcement process. While the NCAA, as a voluntary association, has largely been left alone by courts, when a voluntary association violates a member’s property or civil… Keep reading

SHOULD I TRADEMARK MY BUSINESS NAME OR LOGO?

By Michael D. Steger

A trademark is used to identify the source of goods or services. Some of the most recognizable consumer or business brands in the world are also the world’s most valuable trademarks. According to a recent survey, the world’s most valuable brands are, in order, Google, Microsoft, Wal-Mart, IBM and Vodafone. All of these brand names, and their accompanying logos, resonate with the public and create a clear image in the consumer’s mind of what goods and services those companies offer.

A registered trademark can increase the value of a brand, especially for companies providing consumer goods and services, those that are in knowledge-based industries and businesses that may be looking to franchise. Trademarks can also be vital to businesses that are providing services and goods over the internet or in more than one state. In contrast, there is usually little value in trademarking the name of a local business that serves a very localized clientele. As knowledge-based businesses become more important to the economy, a valuable brand name and accompanying trademark can help you stand out from the crowd when much of the business’s value is in your head.

Most importantly, obtaining a… Keep reading

Trick or Treat: Kim Kardashian Files for Divorce on Halloween

TMZ is reporting today that socialite and reality start Kim Kardashian has filed for divorce after just 72 days of marriage from her husband and NBA basketball player, Kris Humphries. Citing irreconcilable differences, the divorce documents submitted by Kardashian and her attorney Laura Wasser, were filed on October 31, 2011.

Humphries proposed to Kim Kardashian in the summer of 2011 with a diamond ring estimated to be worth $2 million.

Criticize the decision to wed though we may, the couple pocketed nearly $20 million from E! and People Magazine.

Man Charged with Injecting Semen into Co-Workers’ Yogurt

TheSmokingGun.com–A 60-year-old Pennsylvania man yesterday was charged with injecting his semen into “multiple food containers” during a 10-month period ending earlier this year, according to court records.

Joseph Bartorillo, who has agreed to cop to a federal charge of tampering with consumer products, struck a plea agreement that calls for him to be sentenced to two years in prison.

Bartorillo has admitted that he injected his semen into the yogurt of two female coworkers at a Procter & Gamble plant in Wyoming County. He did this, one investigator told TSG, on 13 occasions.

And what exactly is the charge against Mr. Bartorillo for “adulterating yogurt”? According to the felony criminal information filed in US District Court, Bartorillo is charged with 18 U.S.C. § 1365 (a) Tampering With Consumer Products. The Law Insider wonders if there might also be a cause of action relating to sexual harassment or reckless endangerment. What do our legally minded readers think? Or are we all a little too grossed out to be thinking about cause of action?

Woman Sues FilmDistrict, Claims Not Enough Driving in Movie Entitled Drive.

NY Daily News – A movie titled “Drive” should be about, well, driving.

But the Ryan Gosling thriller was not what one Michigan woman expected when she bought a ticket to see it — so she’s suing.

Sarah Deming is going after the distributor of “Drive,” FilmDistrict, as well as the theater where she saw it, because she had been under the impression the film would be a “Fast and Furious”-style action flick.

In Deming’s suit, which she filed in the sixth judicial circuit court in Oakland, she claims the Nicolas Winding Refn thriller about a Hollywood stuntman-turned getaway driver “bore very little similarity to a chase, or race action film … having very little driving in the motion picture.”

But what “Drive” did have lots of, according to Deming, is anti-semitism.

The Law Insider would like to take this opportunity to remind everyone that just because you can sue for something, doesn’t mean it’s necessarily worth your time or money to do so. Demin will need to prove, among other things, that the distributors of Drive were intentionally misleading in not only how they titled the movie, but how they portrayed the movie during its promotion.… Keep reading

Thank you, Steve Jobs.

Amanda Knox: Italian Jury Overturns Murder Conviction

CNN.com is reporting that an Italian jury has reached a verdict in the Amanda Knox murder trial.

The American college student, Amanda Knox, was convicted of sexual assault and murder of Meredith Kercher in December of 2009 in Perugia, Italy. She was given a 26 year sentence. Knox appealed and today the jury overturned the the murder conviction.

Knox will be released today.

Follow @mchancecnn for more breaking news on this story.

George Washington Law Student’s #occupywallstreet Rant Goes Viral

Law student and journalist Robert Stephens descended on Wall Street for the #occupywallstreet demonstration that has attracted media attention from around the world. Stephens, a law student at George Washington University, kneeled outside the bank that purportedly foreclosed on his parents’ home, screaming in protest.

“I will go to jail tonight…they played by the rules, my dad has a Ph.D”, Stephens can be heard screaming in the video.

 

Why I Study Seemingly Impossible Conflicts

By Peter T. Coleman,

Author of The Five Percent: Finding Solutions to Seemingly Impossible Conflicts

Our ability to address seemingly intractable conflicts may very well determine our capacity to survive as a species. Intractable conflicts are defined as disputes that are highly destructive, enduring, and particularly resistant to attempts to resolve them. Currently, about 40% of intrastate armed conflicts have persisted for 10 years or more, with 25% of the wars being waged lasting for more than 25 years.  Although we are seeing more peace negotiations than military victories these days, 25% of them relapse into violence within 5 years.

I became interested in studying enduring conflicts initially through my experiences working as a counselor with violent urban youth in psychiatric hospitals, and then through my work as a community mediator for the New York State Criminal Courts and as an instructor in a course on preventative diplomacy at the United Nations. As a doctoral student, I first began to conduct research in this area focusing on “ripeness” (a readiness to negotiate). This often entails a radical shift in intentions, attitudes, and behaviors (from destructive to constructive), and is extremely difficult to achieve due to long histories of… Keep reading

Roy Black Says Miami Law is in a “death spiral”; Offers Solution

… Keep reading