Digital Commons Network^™

The Great Transformation Of Regulated Industries Law, Joseph D. Kearney, Thomas W. Merrill

Faculty Publications

The nation's approach to regulating its transportation, telecommunications, and energy industries has undergone a great transformation in the last quarter-century. The original paradigm of regulation, which was established with the Interstate Commerce Act's regulation of railroads beginning in 1887, was characterized by legislative creation of an administrative agency charged with general regulatory oversight of particular industries. This approach did not depend on whether the regulated industry was naturally competitive or was a natural monopoly, and it was designed to advance accepted goals of reliability and, in particular, non-discrimination. By contrast, under the new paradigm, which is manifested most clearly in …

Sex And The Public School Teacher: When Is A School District Liable Under Title Ix For A Teacher's Sexual Misconduct With A Student?, Jay E. Grenig

Faculty Publications

No abstract provided.

Addressing An Industrywide Health Insurance Crisis By Spreading The Cost: Has Congress Violated The Constitution?, Jay E. Grenig

Faculty Publications

No abstract provided.

Can An Employer Be Held Strictly Liable For A Supervisor's Quid Pro Quo Sexual Harassment When There Has Been A Quid But No Quo?, Jay E. Grenig

Faculty Publications

No abstract provided.

Democracy And Dispute Resolution: Individual Rights In International Trade Organizations, Andrea K. Schneider

Faculty Publications

The question of dispute resolution systems for international organizations is of growing importance. Not only has there been a plethora of new international and regional organizations created in the last decade, but this trend is likely to continue. There are numerous proposals for multilateral free trade areas and agreements across Latin America and the Caribbean as well as in Asia. At the same time, existing international trade organizations have come under increasing scrutiny for their inability to reflect accurately the needs and concerns of the citizens of the member countries.

This article takes a different approach to understanding questions of …

A Review Of Federal Sentencing Treatises And Periodicals, Michael M. O'Hear

Faculty Publications

No abstract provided.

The Wisconsin Lawyer In The Gilded Age: A Demographic Profile, J. Gordon Hylton

Faculty Publications

No abstract provided.

Stipulations Regarding Discovery Procedure, Jay E. Grenig

Faculty Publications

No abstract provided.

The New World Of International Trademark Law, Marshall A. Leaffer

The Honorable Helen Wilson Nies Memorial Lecture

Prof. Leaffer discusses how the globalization process has forced evolution of international norms and favorably changed the face of trademark law. He reviews the new developments in major treaties, the Madrid Protocol and the Trademark Law Treaty. Prof. Leaffer also explains regional treaties, such as the new Community Trademark, and how they continue to build upon the progress of the Paris Convention toward harmonization in the world of international trademark law.

American Civil Rights Laws And The Legacy Of Jackie Robinson, J. Gordon Hylton

Marquette Sports Law Review

No abstract provided.

Special Report: Sports And Gambling A Good Mix? I Wouldn't Bet On It. , Ante Z. Udovicic

Marquette Sports Law Review

No abstract provided.

Table Of Contents

Marquette Sports Law Review

No abstract provided.

Team Play And The Compensation System In Professional Basketball, Jay R. Mandle

Marquette Sports Law Review

No abstract provided.

The New World Of International Trademark Law, Marshall A. Leaffer

Marquette Intellectual Property Law Review

Professor Leaffer discusses how the globalization process has forced evolution of international norms and favorably changed the face of trademark law. Professor Leaffer reviews the new developments in major treaties, the Madrid Protocol and the Trademark Law Treaty, and regional treaties, such as the new Community Trademark, and how they continue to build upon the progress of the Paris Convention toward harmonization in the world of international trademark law. Professor Leaffer explains that the benefits from the trend toward harmonization will be enjoyed not only by trademark owners, but also by consumers whose welfare will be enhanced by harmonization.

Trade Secrets And The New Realities Of The Internet Age, Ari B. Good

Marquette Intellectual Property Law Review

The author discusses the risks of industrial espionage and the misappropriation of trade secrets in view of the explosive growth of the internet. Good examines the legal challenges facing the evolution of trade secret law and proposes measures that will promote continued protection of proprietary information.

Trademark Harmonization: Norms, Names & Nonsense, Kenneth L. Port

Marquette Intellectual Property Law Review

Professor Port provides a comment on Marshall A. Leaffer's article that offers another viewpoint on the important issue of the globalization process and trademark law. Rather than seeking ideals of international trademark laws through harmonization, Professor Port suggests that a better objective is internationalization. Professor Port explains that harmonization of international trademark law will be impossible as long as world communities adhere to territorial justifications for sovereignty and jurisdiction. Because goods flow in the reality of an international market, Professor Port reasons that initiatives to avoid inefficiencies and uncertainties of global trademark laws should be directed toward internationalization.

Table Of Contents

Marquette Intellectual Property Law Review

None.

The Smell Of Success: Trade Dress Protection For Scent Marks, Faye M. Hammersley

Marquette Intellectual Property Law Review

The author discusses the implications of the United States Patent and Trademark Trial and Appeal Board decision In re Clarke, where the Patent and Trademark Office first issued trademark registration for a fragrance. Hammersley discusses expanding trade dress protection to include scents, the positive aspects of scent protection, and the potential of registering scents under current legal standards.

No Protection, No Progress For Graphical User Interfaces, Jane M. Rolling

Marquette Intellectual Property Law Review

The Author examines the courts' reluctance to grant intellectual property protection to graphic user interfaces, the visual elements of computer software. Rolling suggests that software manufacturers should seek trade dress protection of graphic user interfaces.

"Gathering His Beames With A Christall Glass": The Intellectual Property Jurisprudence Of Stephen G. Breyer, Gordon R. Shea

Marquette Intellectual Property Law Review

Focusing on Qualitex v. Jacobs Products, an opinion authored by Supreme Court Justice Breyer that extends trademark protection to colors, the Author examines Justice Breyer's attitude toward intellectual property law, how Justice Breyer's views were extended in Qualitex, and how Justice Breyer's views may affect intellectual property law in the future.

Book Review: Every Writer’S Guide To Copyright And Publishing Law 2d Ed., Ramon A. Klitzke

Faculty Publications

No abstract provided.

“Killer Choices”: Felony Murder, Lesser Offenses, And The Death Penalty, Daniel D. Blinka

Faculty Publications

No abstract provided.

Does The Individuals With Disabilities Education Act Require A Public School District To Provide A Quadriplegic Student With Continuous Nursing Service?, Jay E. Grenig

Faculty Publications

No abstract provided.

American Civil Rights Laws And The Legacy Of Jackie Robinson, J. Gordon Hylton

Faculty Publications

No abstract provided.

The First Amendment In Its Third Century: Three Wisconsin Pieces To The Constitutional Puzzle, Peter K. Rofes

Faculty Publications

No abstract provided.

Wheeling Through Rough Terrain - The Legal Roadblocks Of Disabled Access In Sports Arenas, Mark A. Conrad

Marquette Sports Law Review

No abstract provided.

Book Review: Baseball's Great Experiment, Jackie Robinson And His Legacy, Amy E. Worden

Marquette Sports Law Review

No abstract provided.

Table Of Contents

Marquette Sports Law Review

No abstract provided.

Autonomic Dysreflexia In Wheelchair Sport: A New Game In The Legal Arena?, David Legg, Daniel S. Mason

Marquette Sports Law Review

No abstract provided.

Sports Torts In Wisconsin, Jay A. Urban

Marquette Sports Law Review

No abstract provided.