\u3ci\u3eWilliamsonia Lintneri\u3c/i\u3e (Odonata: Corduliidae) - A First Michigan Record With Additional Notes on \u3ci\u3eW. Fletcheri\u3c/i\u3e

Williamsonia lintneri is newly recorded for Michigan, and additional Michigan sites are given for W. fletcheri. Both species appear to be bog/fen- obligate inhabitants, and adults may appear as early as late April in Michi- gan. In addition, the North American distributions of both species are sum- marized

Public School Choice And Integration: Evidence from Durham, North Carolina

Using evidence from Durham, North Carolina, we examine the impact of school choice programs on racial and class-based segregation across schools. Theoretical considerations suggest that how choice programs affect segregation will depend not only on the family preferences emphasized in the sociology literature but also on the linkages between student composition, school quality and student achievement emphasized in the economics literature. Reasonable assumptions about the distribution of preferences over race, class, and school characteristics suggest that the segregating choices of students from advantaged backgrounds are likely to outweigh any integrating choices by disadvantaged students. The results of our empirical analysis are consistent with these theoretical considerations. Using information on the actual schools students attend and on the schools in their assigned attendance zones, we find that schools in Durham are more segregated by race and class as a result of school choice programs than they would be if all students attended their geographically assigned schools. In addition, we find that the effects of choice on segregation by class are larger than the effects on segregation by race

Charter Insights for American Equality Jurisprudence

Although both the Canadian Charter and the United States Constitutions protect persons from denial of equal protection of the law, the interpretation of the broad language of the two equality guarantees has been quite different. The Supreme Court of Canada has adopted an approach of substantive equality, concluding that section 15 is designed to prevent the loss of human dignity that accompanies discrimination based on disadvantage and stereotype. At least with regard to race, a majority of the justices on the United States Supreme Court adhere to a jurisprudence of formal equality, concluding that the Fifth and Fourteenth Amendments prohibit - absent compelling justifications - any formal distinction, regardless of whether differential treatment results from racism or a sincere desire to ameliorate prior conditions of racial equality. This paper suggests that Canadian equality jurisprudence has developed over the last twenty years into a workable constitutional doctrine that deserves attention and, indeed, emulation in the United States. Although from a purely descriptive perspective there are a variety of historical and value-based differences between American and Canadian society that can explain the different constitutional doctrines developed in each country, the paper considers and rejects the hypothesis that these differences are so significant as to render Canadian insights irrelevant to the American context. The paper concludes that the Canadian approach is more faithful to a jurisprudence sensitive to the limited judicial activism called for by the landmark American decision in Carolene Products

Legislative Enforcement of Equal Protection

This Article explores the legislative role in enforcing the constitutional guarantee to equal protection. Part I describes the underenforcement principle that explains the restrictive judicial exercise of authority in constitutional matters. The Article then focuses on Congress\u27 role in examining issues relating to the constitutional guarantee of equal protection that the courts have chosen to underenforce. Part II analyzes relevant constitutional provisions that may empower or limit congressional actions. Part III considers ways in which Congress can address state violations of equal protection through directives to the judiciary and through the legislative process. Part IV details how both federal and state legislatures can implement equal protection guarantees in everyday legislation. Finally, Part V distinguishes between constitutionally motivated decision-making and conscientious decision-making within the legislature and discusses the political implications of a legislative process that directly addresses the constitutionality of equal protection issues

Accommodating Labor and Antitrust

Short of its two critical premises—that sports labor restraints may harm players but benefit fans and the sport’s popularity, and that the Sherman Act must always step aside to protect the “entire collective bargaining process”—Professor LeRoy’s thorough research loses much of its normative force. This provocative contribution is particularly revealing in one respect that he does not explicitly mention, however, akin to Sherlock Holmes’ famous insight that the telling clue was that the sleeping dog did not bark.34 All of the lawsuits Professor LeRoy studied involved challenges by union-represented players; none involved challenges by the principal beneficiaries of the Sherman Act (sports fans)35 or, on their behalf, federal or state attorneys general. Even Judge Edwards, whose lower court opinion in Brown I was affirmed by the Supreme Court, acknowledged that under Jewel Tea a “crucial determinant” in a balanced accommodation of labor and antitrust is the “relative impact on the product market and the interests of union members.”36 This perhaps suggests that the accommodation that Jewel Tea requires would be relevant in litigation brought by consumers, who would be required to show (as was true in that landmark case) an actual anticompetitive effect in the product market—the content of sports league championship series

Designing Sports Leagues as Efficient Monopolists Rather Than Inefficient Cartels

An inherent conflict exists when clubs participating in a sports league control the way in which the competition is organized. This conflict leads to fewer franchises that may not be in the best locations, fewer broadcast rights sold with too many “black-outs,” inefficient marketing of merchandise and sponsorships, ineffective supervision of club management, labor market restrictions that do not enhance consumer appeal in the sport, and insufficient international competition. We suggest that sports leagues would be more profitable and fans’ welfare improved if sports leagues looked more like McDonald’s and less like the United Nations, by restructuring the leagues to create a separate company (NFL, Inc.) that would make key decisions and limit the club owners to participating in the competition

A Rapid Reaction to O\u27Bannon: The Need for Analytics in Applying the Sherman Act to Overly Restrictive Joint Venture Schemes

This Article reviews the recent and highly publicized district court decision holding that NCAA rules, which bar student-athletes from any compensation for image rights, violated the Sherman Act, and that big-time athletic programs could lawfully agree among themselves to limit compensation to $5,000 annually in trust for each athlete upon leaving school. This Article briefly discusses why the decision correctly found the current rule to be illegal, but also details why, under settled antitrust law, the critical question of how much compensation would significantly harm consumer appeal for college football and basketball is a question better left to marketing science experts. This Article then explains why neither the flawed survey offered in evidence by the NCAA, nor the anecdotal testimony of NCAA officials, should have been credited. Rather, this Article proposes, as a superior alternative, the use of conjoint analysis, a well-recognized technique of marketing science analytics employed to answer the critical legal question that the antitrust doctrine asks in cases like this