O’Brien v. Ohio State University: Implications for Future Employment Agreements

In 2004, Ohio State University officials announced that they were firing then-coach Jim O'Brien because of NCAA violations that allegedly breached O'Brien's contract with Ohio State. [1]  O'Brien was the head coach for the men's basketball team, and was fired for loaning out $6,000 to a foreign player who the University was trying to recruit. [2]  He then sued the University for a breach of their employment agreement.  On February 15, 2006, Judge Joseph T. Clark of the Ohio Court of Claims ruled that O'Brien was unlawfully fired, despite the fact that he had indeed broken NCAA rules.  [3]  O'Brien had violated the terms of his contract, but the violations were not serious enough to warrant his firing. [4]  This article evaluates the court's decision, and its implications on future contractual relationships between coaches and universities.

The University relied on specific contractual language to support its decision to fire O'Brien. 

Read the rest

McMansions: Super-Sized Homes Cause a Super-Sized Backlash

"McMansions", also known as "garage mahals", "starter castles", and "Hummer houses" are all synonymous for the latest phenomenon in home building that has communities across the country banging down the doors of local City Councils to enjoin builders from destroying the character of their neighborhoods.  The debate concerns interests of property owners who want to be able to use their own land as they see fit versus the interests of community members who want to maintain a uniform neighborhood appearance and not have a huge eyesore on their block, literally casting a shadow onto their humble, and often historic, homes.  There is a wide range of issues at play in these communities, including constitutional rights, zoning issues, and even energy and water concerns.  Though McMansions are causing a stir throughout the U.S., the solution is left to the 40,000 local governments across the country who will ultimately determine whether to

Read the rest

Insider Trading Scandal at Goldman and Merrill

Prosecutors recently charged three employees at Goldman Sachs and
Merrill Lynch with participating in a $6.7 million insider trading
scheme. [1]  Authorities claim that Stanislav Shpigelman, an analyst at
Merrill, sold inside information on upcoming mergers and acquisitions
to Eugene Plotkin, an associate at Goldman, and David Pajcin, a former
Goldman analyst. [2]  Plotkin and Pajcin then used this information to
buy stocks before the public announcement of the deals and then sell
them after the announcements for a significant profit. [3]

The trio also recruited
two employees of a printing plant in Wisconsin that publishes Business
Week. [4]  The plant employees stole advance copies of the magazine and
informed Plotkin and Pajcin of companies mentioned favorably in the
“Inside Wall Street” column. [5]  As a favorable mention in the column
usually leads to an increase in the price of those stocks, the
conspirators were able to purchase the stocks … Read the rest

NAACP Ready to Fight IRS Claim of Improper Political Campaign Intervention

I. Introduction

"The NAACP
has always been nonpartisan, but that doesn't mean we're noncritical. 
For as long as we've existed, whether Democrats of Republicans have
occupied the White House, we've spoken truth to power."[1]  With these
words, Chairman Julian Bond, head of the National Organization for the
Advancement of Colored People (NAACP), began the keynote address of the
organization's 95th annual convention in Philadelphia in July of 2004. 
He went on: "We must guarantee the irregularities, suppression,
nullification and outright theft of black votes that happened on
election day 2000 never, ever happen again . . . You cannot win this
race by ignoring race . . . We know that if whiles and nonwhites vote
in the same percentages as they did in 2000, Bush will be re-defeated
by 3 million votes."[2]

Soon after this speech was made, and its contents made publicly
available on the official website for

Read the rest

The Guest Worker: Will he or she stay?

I. Introduction

As of April 10, 2006, the Senate of the
United States was still at an impasse regarding immigration reform in
the United States. One of the most contentious topics within the
immigration reform debate has been the idea of a guest worker program. 
The House bill that was passed in December had no mention of a guest
worker program. Several versions of the Senate bill have contained
varied schemes for a guest worker program. This article will look at
the different versions of the Senate guest worker programs and the
influence of big business in developing these schemes.

II. Analysis

A
recent poll by TIME magazine confirms the ambivalence many Americans
feel toward illegal immigrants.[1] While a majority of Americans want
to crack down on illegal immigration, they also strongly favor
guest-worker programs and temporary visas. [2] This public ambivalence
has manifested itself in the two versions of … Read the rest

Is the Internet Replacing Real Estate Agents?

Before the Internet became popular, homebuyers had to spend days touring dozens of homes pre-selected by their real estate agent, and were often forced to settle on a home that was merely satisfactory.  Now individuals can shop online for homes, take virtual tours of homes, and even list their homes for sale online without ever stepping foot inside an agent's office.  The Internet provides what previously could only be provided by an agent:  a direct connection between buyers and sellers, thus eliminating the need for a middleman that charges a pricey commission.  In this age of technology though, some argue that the middleman can never be entirely replaced by the Internet.          

The Internet offers a variety of sources for people searching for homes for sale.  One type of site is the "real estate portal."  [1]  This type of site offers searchable listings, where buyers can choose their

Read the rest

Can Congress Save the PBGC? Implications of a Delphi Corp. Distress Termination of Pension and Benefits Plans in Bankruptcy

The negotiation efforts of Delphi Corp.'s union employees took on
new urgency on March 31 as Delphi filed a motion with the U.S.
Bankruptcy Court seeking to reject its collective bargaining agreements
and modify its retiree benefits plans under sections 1113 and 1114 of
the Bankruptcy Code. [1] If Delphi's pension and benefits obligations
are ultimately rejected and then terminated, it will have a profound
effect on the Pension Benefit Guaranty Corp., the federal agency that
insures pension obligations. Already operating at a deficit, PBGC can
ill-afford to take on any of Delphi's estimated $10.7 billion in
under-funded liability for hourly employees' retirement benefits. [2]
In response to the recent distress terminations of pension plans in the
steel and airline industries, Congress has introduced several measure
to bolster the PBGC. As a consequence, Chapter 11 debtors may find it
more difficult to avoid pension liability as part of a reorganization… Read the rest

Spring Cleaning: Throwing Out Cases About Throwing Out the Trash

Spring is a time for getting rid of things that are outdated, have served their purpose or are just plain wrong.  However, sometimes when companies do a little spring cleaning they can get in a lot of trouble.  Obstruction of justice is a serious crime and one that the government has pursued vigorously in recent years.  One
such case started five years ago when the SEC began an investigation of
Credit Suisse First Boston (CSFB) which led to charges of obstruction
of justice against CSFB investment banker Frank Quattrone. [1]  Last
year a jury found Quattrone guilty of the charges and he was sentenced
to 18 months in prison. [2] However, on March 20, 2006 the 2nd Circuit
did a little spring cleaning of its own by vacating the verdict. [3]
Now the question is whether the government will let this case stay in
the trash
Read the rest