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Ad Hoc Diplomats, Ryan M. Scoville Jan 2019

Ad Hoc Diplomats, Ryan M. Scoville

Faculty Publications

Article II of the Constitution grants the president power to appoint “Ambassadors” and “other public Ministers” with the advice and consent of the Senate. By all accounts, this language requires Senate confirmation for the appointment of resident ambassadors and other diplomats of similar rank and tenure. Yet these are hardly the only agents of U.S. foreign relations. Ad hoc diplomats—individuals chosen exclusively by the president to complete limited and temporary assignments—play a comparably significant role in addressing international crises, negotiating treaties, and otherwise executing foreign policy.

This Article critically examines the appointments process for such irregular agents ...


Political Parties And Constitutional Fidelity Jan 2019

Political Parties And Constitutional Fidelity

Marquette Law Review

In the aftermath of the 2016 presidential election, fewer themes have received more attention from scholars and public commentators than political polarization. However, given the recent focus on tension and conflict in contemporary American society, the present also seems an especially appropriate moment to investigate those fundamental structures that have successfully worked in the opposite direction to bind and stabilize the American polity. The goal of this paper is precisely this task, and to emphasize the centrality of one particular structure that has played such a stabilizing function: the political parties. Parties are often invoked in discussions of political polarization ...


Table Of Contents Jan 2019

Table Of Contents

Marquette Law Review

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Bitcoin, Virtual Currencies, And The Struggle Of Law And Regulation To Keep Pace Jan 2019

Bitcoin, Virtual Currencies, And The Struggle Of Law And Regulation To Keep Pace

Marquette Law Review

At less than a decade old, Bitcoin and other virtual currencies have had a major societal impact, and proven to be a unique payment systems challenge for law enforcement, financial regulatory authorities worldwide, and the investment community. Rapid introduction and diffusion of technological changes throughout society, such as the blockchain that serves as Bitcoin’s crypto-foundation, continue to exceed the ability of law and regulation to keep pace. During 2017 alone, the market price of Bitcoin rose 1,735%, from about $970 to $14,292, causing an investor feeding frenzy. As of September 11, 2018, a total of 1,935 ...


Bias In The Boardroom: Implicit Bias In The Selection And Treatment Of Women Directors Jan 2019

Bias In The Boardroom: Implicit Bias In The Selection And Treatment Of Women Directors

Marquette Law Review

In light of the stagnation in growth of women directors on corporate boards, board diversity advocates and corporate leaders should look to the role implicit gender bias plays in the board nomination process and in challenges women directors face while serving on boards. Relevant stakeholders often overlook how implicit bias barriers prevent women from reaching the boardroom and persist as obstacles once women directors have earned their seats on the board. Incorporating social psychological research on implicit bias and recognized strategies to work around bias, such as objective assessments and guidelines, data analytics, and accountability mechanisms, this Article encourages companies ...


Mens Rea In Comparative Perspective Jan 2019

Mens Rea In Comparative Perspective

Marquette Law Review

This Essay compares and contrasts the American and civilian approaches to mens rea. The comparative analysis generates two important insights. First, it is preferable to have multiple forms of culpability than to have only two. Common law bipartite distinctions such as general and specific intent fail to fully make sense of our moral intuitions. The same goes for the civilian distinction between dolus (intent) and culpa (negligence). Second, attitudinal mental states should matter for criminalization and grading decisions. Nevertheless, adding attitudinal mental states to our already complicated mens rea framework may end up confusing juries instead of helping them. As ...


Attorney-Client Privilege And The Kovel Doctrine: Should Wisconsin Extend The Privilege To Communications With Third-Party Consultants? Jan 2019

Attorney-Client Privilege And The Kovel Doctrine: Should Wisconsin Extend The Privilege To Communications With Third-Party Consultants?

Marquette Law Review

In today’s marketplace, the way that corporations conduct business is drastically changing, and lawyers are increasingly relying on third-party consultants, such as accountants or investment bankers, to facilitate them in providing accurate legal advice to corporate clients. Despite this reliance, whether the attorney–client privilege protects the communications between an attorney and a third-party consultant is often questioned. In United States v. Kovel, the Second Circuit found that the attorney–client privilege extended to communications between an attorney and a third-party consultant who acted as an interpreter. However, both federal and state courts have since split over the proper ...


Index: Sports Law In Law Reviews And Journals, Jordan Lysiak Jan 2019

Index: Sports Law In Law Reviews And Journals, Jordan Lysiak

Marquette Sports Law Review

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Table Of Contents Jan 2019

Table Of Contents

Marquette Sports Law Review

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This Is Our House! - The Tax Man Comes To College Sports, Kathryn Kisska-Schulze Jan 2019

This Is Our House! - The Tax Man Comes To College Sports, Kathryn Kisska-Schulze

Marquette Sports Law Review

None


Anatomy Of A Baseball Law Course, Robert M. Jarvis Jan 2019

Anatomy Of A Baseball Law Course, Robert M. Jarvis

Marquette Sports Law Review

None


An Empirical Evaluation Of Eada And Ncaa College Sports Financial Data: Applications For Research And Litigation, Ted Tatos Jan 2019

An Empirical Evaluation Of Eada And Ncaa College Sports Financial Data: Applications For Research And Litigation, Ted Tatos

Marquette Sports Law Review

None


Hazing In High School Athletics: An Analysis Of Victims, Gregory S. Parks, Nicolette Delorenzo Jan 2019

Hazing In High School Athletics: An Analysis Of Victims, Gregory S. Parks, Nicolette Delorenzo

Marquette Sports Law Review

None


Med-Arb And Professional Sports: Could Med-Arb Work As An Effective Dispute Resolution Process In Professional Sports?, Taylor Brisco Jan 2019

Med-Arb And Professional Sports: Could Med-Arb Work As An Effective Dispute Resolution Process In Professional Sports?, Taylor Brisco

Marquette Sports Law Review

None


Whose Fault Is It Anyway? How Sexual Abuse Has Plagued The United States Olympic Movement And Its Athletes, Katherine Hampel Jan 2019

Whose Fault Is It Anyway? How Sexual Abuse Has Plagued The United States Olympic Movement And Its Athletes, Katherine Hampel

Marquette Sports Law Review

None


2018 Annual Survey: Recent Developments In Sports Law, Jordan Lysiak, Aurusa Kabani, Molly Harding Jan 2019

2018 Annual Survey: Recent Developments In Sports Law, Jordan Lysiak, Aurusa Kabani, Molly Harding

Marquette Sports Law Review

None


Nfl National Anthem Protests: An Impending Labor Law Violation?, M'Kenzee Galloway Jan 2019

Nfl National Anthem Protests: An Impending Labor Law Violation?, M'Kenzee Galloway

Marquette Sports Law Review

None


Table Of Contents Sep 2018

Table Of Contents

Marquette Law Review

None.


Cooperation And Turnover In Law Faculties: A Game-Theoretic Model And An Empirical Study Sep 2018

Cooperation And Turnover In Law Faculties: A Game-Theoretic Model And An Empirical Study

Marquette Law Review

A standard account of group cooperation would predict that group stability would bring about greater cooperation because repeat-play games would allow for sanctions and rewards. In an academic unit such as a department or a law faculty, one might thus expect that faculty stability would bring about greater cooperation. However, academic units are not like most other groups. Tenured professors face only limited sanctions for failing to cooperate, for engaging in unproductive conflict, or for shirking. This article argues counter-intuitively that within limits, some level of faculty turnover may enhance cooperation. Certainly, excessive and persistent loss of faculty is demoralizing ...


The Plot To Overthrow Genocide: State Laws Mandating Education About The Foulest Crime Of All Sep 2018

The Plot To Overthrow Genocide: State Laws Mandating Education About The Foulest Crime Of All

Marquette Law Review

This Article shines a light on a little noticed phenomenon in American law: the promulgation of ten state statutes and one state regulation, each requiring education about genocide in elementary and/or secondary schools. The mandates, adopted from 1989 through 2018, appear to be only the beginning inasmuch as in 2017 another nineteen states publicly pledged to pass such mandates as well.

The Article describes each of the existing mandates and compares them to each other, including an analysis of the laws’ respective strong and weak points. This exposition, of interest in itself, also sets the stage for proposals to ...


Revisiting Belligerent Reprisals In The Age Of Cyber? Sep 2018

Revisiting Belligerent Reprisals In The Age Of Cyber?

Marquette Law Review

None.


How Shell Entities And Lack Of Ownership Transparency Facilitate Tax Evasion And Modern Policy Responses To These Problems Sep 2018

How Shell Entities And Lack Of Ownership Transparency Facilitate Tax Evasion And Modern Policy Responses To These Problems

Marquette Law Review

The purpose of this article is to review the use and application of shell entities, as they facilitate tax evasion, impede investigations, and harm society. This article details the types and characteristics of shell entities, reviews actual cases to exhibit how shells are abused, outlines reasons shells disguise beneficial ownership, and analyzes steps taken by countries and organizations to thwart the abuse of shell entities. Many types of shell entities are used by tax evaders and are often layered in an intricate network which conceals the identity of beneficial owners. Nominees and bearer shares are used in tandem with shell ...


Supreme Verbosity: The Roberts Court's Expanding Legacy Sep 2018

Supreme Verbosity: The Roberts Court's Expanding Legacy

Marquette Law Review

The link between courts and the public is the written word. With rare exceptions, it is through judicial opinions that courts communicate with litigants, lawyers, other courts, and the community. Whatever the court’s statutory and constitutional status, the written word, in the end, is the source and the measure of the court’s authority.

It is therefore not enough that a decision be correct—it must also be fair and reasonable and readily understood. The burden of the judicial opinion is to explain and to persuade and to satisfy the world that the decision is principled and sound. What ...


... Because "Yes" Actually Means "No": A Personalized Prescriptive To Reactualize Informed Consent In Dispute Resolution Sep 2018

... Because "Yes" Actually Means "No": A Personalized Prescriptive To Reactualize Informed Consent In Dispute Resolution

Marquette Law Review

None.


Collateral Consequences And Criminal Justice: Future Policy And Constitutional Directions Sep 2018

Collateral Consequences And Criminal Justice: Future Policy And Constitutional Directions

Marquette Law Review

National policy with respect to collateral consequences is receiving more attention than it has in decades. This article outlines and explains some of the reasons for the new focus. The legal system is beginning to recognize that for many people convicted of crime, the greatest effect is not imprisonment, but being marked as a criminal and subjected to legal disabilities. Consequences can include loss of civil rights, loss of public benefits, and ineligibility for employment, licenses, and permits. The United States, the 50 states, and their agencies and subdivisions impose collateral consequences—often applicable for life—based on convictions from ...


Murr And Wisconsin: The Badger State's Take On Regulatory Takings Sep 2018

Murr And Wisconsin: The Badger State's Take On Regulatory Takings

Marquette Law Review

None.


Masthead Sep 2018

Masthead

Marquette Law Review

None.


Towards A Series Of Academic Norms For #Lawprof Twitter, Carissa Byrne Hessick Jun 2018

Towards A Series Of Academic Norms For #Lawprof Twitter, Carissa Byrne Hessick

Marquette Law Review

None


Institutional Pluralism And The (Hoped-For) Effects Of Candor And Integrity In Legal Scholarship, Paul Horwitz Jun 2018

Institutional Pluralism And The (Hoped-For) Effects Of Candor And Integrity In Legal Scholarship, Paul Horwitz

Marquette Law Review

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The Scholar's Dilemma, Chad Oldfather Jun 2018

The Scholar's Dilemma, Chad Oldfather

Marquette Law Review

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