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Full-Text Articles in Law

State Policy Consequences For Wisconsin's School Districts: Spending Disparities, Finance Formulas, And Revenue Restrictions, Craig Maher, Mark Skidmore, Bambi Statz Oct 2006

State Policy Consequences For Wisconsin's School Districts: Spending Disparities, Finance Formulas, And Revenue Restrictions, Craig Maher, Mark Skidmore, Bambi Statz

Marquette Law Review Conferences

No abstract provided.


Wisconsin's Constitutional Amendment Habit: A Disease Or A Cure?, Joseph A. Ranney Oct 2006

Wisconsin's Constitutional Amendment Habit: A Disease Or A Cure?, Joseph A. Ranney

Marquette Law Review Conferences

No abstract provided.


What Is "Fair" Partisan Representation, And How Can It Be Constitutionalized? The Case For A Return To Fixed Election Districts, James A. Gardner Oct 2006

What Is "Fair" Partisan Representation, And How Can It Be Constitutionalized? The Case For A Return To Fixed Election Districts, James A. Gardner

Marquette Law Review Conferences

No abstract provided.


Constitutional Isolationism And The Limits Of State Separation Of Powers As A Barrier To Interstate Compacts, Jim Rossi Oct 2006

Constitutional Isolationism And The Limits Of State Separation Of Powers As A Barrier To Interstate Compacts, Jim Rossi

Marquette Law Review Conferences

No abstract provided.


Environmentalism And The Wisconsin Constitution, Jason J. Czarnezki Oct 2006

Environmentalism And The Wisconsin Constitution, Jason J. Czarnezki

Marquette Law Review Conferences

No abstract provided.


Tax And Expenditure Limitations And Economic Growth, Steven Deller, Judith I. Stallmann Oct 2006

Tax And Expenditure Limitations And Economic Growth, Steven Deller, Judith I. Stallmann

Marquette Law Review Conferences

No abstract provided.


"Neither Peace Nor Uniformity": Local Government In The Wisconsin Constitution, Michael E. Libonati Oct 2006

"Neither Peace Nor Uniformity": Local Government In The Wisconsin Constitution, Michael E. Libonati

Marquette Law Review Conferences

No abstract provided.


On Wisconsin: Some Friendly Constitutional Advice, William A. Niskanen Oct 2006

On Wisconsin: Some Friendly Constitutional Advice, William A. Niskanen

Marquette Law Review Conferences

No abstract provided.


Is The Wisconsin State Constitution Obsolete? Toward A Twenty-First Century, Functionalist Assessment, Robert F. Williams Oct 2006

Is The Wisconsin State Constitution Obsolete? Toward A Twenty-First Century, Functionalist Assessment, Robert F. Williams

Marquette Law Review Conferences

No abstract provided.


Rules For Radicals: A Politics Of Patent Law, Kali Murray Oct 2006

Rules For Radicals: A Politics Of Patent Law, Kali Murray

Faculty Publications

No abstract provided.


Continuing Commercial Impression: Applications And Measurement , Gideon Mark, Jacob Jacoby Jul 2006

Continuing Commercial Impression: Applications And Measurement , Gideon Mark, Jacob Jacoby

Marquette Intellectual Property Law Review

This Article examines applications and measurement of continuing commercial impression, which is the meaning or idea a trademark or trade dress conveys to consumers. The doctrine is relevant in a variety of contexts, including abandonment, tacking, claim preclusion, and the Morehouse defense. A number of courts considering the issue have concluded that continuing commercial impression is a pure question of law. This article argues that such a view is incorrect, and that the doctrine should present a mixed question of law and fact. In determining whether continuing commercial impression exists, the sole factor should not be the visual or aural ...


Conditioning Functionality: Untangling The Divergent Strands Of Argument Evidenced By Recent Case Law And Commentary , Justin Pats Jul 2006

Conditioning Functionality: Untangling The Divergent Strands Of Argument Evidenced By Recent Case Law And Commentary , Justin Pats

Marquette Intellectual Property Law Review

The protection of trade dress has become increasingly clouded in recent years. A forcethe functionality doctrinehas been implemented to police this intersection between patent and trademark law. Unfortunately, courts have struggled to arrive at a common definition of functionality. This comment examines the functionality doctrine and proposes a four-factor decay test as a uniform approach to functionality. The test asks the following questions regarding a product feature: (1) Is it essential to the use or purpose of the article?; (2) Does it have any current market effect on the cost or quality of the article?; (3) Is there a significant ...


Reverse Engineering Of Computer Programs Under The Dmca: Recognizing A "Fair Access" Defense, Donna L. Lee Jul 2006

Reverse Engineering Of Computer Programs Under The Dmca: Recognizing A "Fair Access" Defense, Donna L. Lee

Marquette Intellectual Property Law Review

Courts have consistently held that reverse engineering constitutes fair use under the Copyright Act. When Congress enacted the DMCA, it intended to codify the settled law. Nonetheless, the exemption Congress carved out for reverse engineering in the DMCA is too narrowly crafted to accommodate the many different purposes of reverse engineering. This Comment suggests that courts should develop a fair access defense for reverse engineering undertaken for purposes that do not satisfy the requirements of the DMCA exemption but do enable other, fair use-defensible uses of computer programs. The Comment outlines three factors to consider in applying a fair access ...


All Rights Reserved? Cultural Monopoly And The Troubles With Copyright , Michael Geist Jul 2006

All Rights Reserved? Cultural Monopoly And The Troubles With Copyright , Michael Geist

Marquette Intellectual Property Law Review

With an increasing ease for one to download, trade and share information, there is also an increasing desire by companies, corporations and private interests to protect their works. In a time where everything can be commoditized and ideas can be bought and sold at a price, a question we must answer is - Who owns our creativity? Must all rights be reserved? This lecture explores the growth of the citizen journalist and the blossoming of independent creativity online. He also examines the concerns with copyright: how lobby groups have consistently pushed for ever stronger rules. Finally, Dr. Geist presents the opportunity ...


The Effects Of The Corporate Diversification Trend On Trademarks, Katherine E. Halmen Jul 2006

The Effects Of The Corporate Diversification Trend On Trademarks, Katherine E. Halmen

Marquette Intellectual Property Law Review

In today's business world, companies are increasingly adopting diversification strategies through which they expand into diverse and unrelated business areas. Of additional importance with regard to trademarks and the future of trademark law is the fact that the trend toward corporate diversification is growing. To address the impact of the corporate diversification trend upon trademark law, courts have utilized various methodologies. Some courts have focused primarily upon the reasonably prudent consumer and how he or she is affected by corporate diversification. With regard to the use of trademarks on a variety of products, courts have often taken into account ...


Trips And Traditional Knowledge: Local Communities, Local Knowledge, And Global Intellectual Property Frameworks, Olufunmilayo B. Arewa Apr 2006

Trips And Traditional Knowledge: Local Communities, Local Knowledge, And Global Intellectual Property Frameworks, Olufunmilayo B. Arewa

Marquette Intellectual Property Law Review

Intellectual property treatment of traditional or local knowledge is a major issue of contention today, particularly since the implementation of the TRIPs Agreement, which establishes minimum levels of intellectual property protection for members of the World Trade Organization. Discourse surrounding local knowledge is highly charged with accusations of "piracy" from Western countries countered with allegations of "biopiracy" from Third World countries. Flowing beneath the surface of this dialogue are multiple levels of historical experience. Intellectual property frameworks were formed in the nineteenth century during a period when evolutionary views of the development of human societies were paramount. Local knowledge was ...


Expanding The Protection Of Geographical Indications Of Origin Under Trips: "Old" Debate Or "New" Opportunity?, Irene Calboli Apr 2006

Expanding The Protection Of Geographical Indications Of Origin Under Trips: "Old" Debate Or "New" Opportunity?, Irene Calboli

Marquette Intellectual Property Law Review

This work briefly analyzes the issue of (geographical indications of origin) GI protection pre- and post-TRIPs and considers whether extension of the protection set forth by TRIPs is desirable for the international community. First, the work provides a brief overview of GI, the traditional rationale for their protection, and the protection granted thereof before the adoption of TRIPs. Next, the analysis turns to a description of the status of the law under TRIPs and the failed diplomatic agenda to expand the current protection. The recent developments on the debate on GI are explored, particularly for wine and spirits, with an ...


The International Intellectual Property Law System: New Actors, New Institutions, New Sources, Graeme B. Dinwoodie Apr 2006

The International Intellectual Property Law System: New Actors, New Institutions, New Sources, Graeme B. Dinwoodie

Marquette Intellectual Property Law Review

International intellectual property norms are ow being developed by a wide range of institutions- some national, some international, and some that do not fit neatly into either category; by bodies designed to address intellectual property; by trade and other bodies; and by actors public, private, and indeterminate. This new wave of international norm creation not only augments a growing body of substantive norms but also raises difficult structural questions about the future development of the international intellectual property system.


Trips: A Link Too Far? A Proposal For Procedural Restraints On Regulatory Linkage In The Wto, Sean Pager Apr 2006

Trips: A Link Too Far? A Proposal For Procedural Restraints On Regulatory Linkage In The Wto, Sean Pager

Marquette Intellectual Property Law Review

In dramatically expanding the reach of international intellectual property law, the TRIPs Agreement both epitomizes a new trend toward globalized regulation and signaled a controversial shift in approach by the WTO away from its narrow focus on trade. Equally controversial was the manner in which TRIPs came about. By strategically linking intellectual property protection to substantively unrelated trade negotiations, developed countries were able to push through a much more ambitious harmonization of IP law than would otherwise have been possible. Such package dealing making offers a powerful mechanism to advance global governance. However, unrestricted use of linkage strategies risks suboptimal ...


Is There An Antitrust Antidote Against Ip Overprotection Within Trips?, Marco Ricolfi Apr 2006

Is There An Antitrust Antidote Against Ip Overprotection Within Trips?, Marco Ricolfi

Marquette Intellectual Property Law Review

The Article explores the mini-body of antitrust provisions to be found within TRIPs. It advocates a general-principles based and systematic interpretative approach of these provisions with a view to finding in them an antidote to the ratcheting up of IP protection otherwise encouraged by TRIPs. In this framework, it is argued that member countries retain considerable flexibility to incorporate pro-competitive inputs and to give appropriate consideration to non-intellectual property interests in adopting legislation at the intersection of antitrust and IP. The Article further develops criteria to assess the TRIPs-compatibility both of antitrust intervention and of generalized, ex ante legislative measures ...


Frivolous Sanction Law In Wisconsin, Janine P. Geske, William C. Gleisner Iii Feb 2006

Frivolous Sanction Law In Wisconsin, Janine P. Geske, William C. Gleisner Iii

Faculty Publications

No abstract provided.


Table Of Contents Jan 2006

Table Of Contents

Marquette Sports Law Review

No abstract provided.


An Overview Of Non-Analytical Positive & Circumstantial Evidence Cases In Sports, Richard H. Mclaren Jan 2006

An Overview Of Non-Analytical Positive & Circumstantial Evidence Cases In Sports, Richard H. Mclaren

Marquette Sports Law Review

No abstract provided.


Antitrust And Inefficient Joint Ventures: Why Sports Leagues Should Look More Like Mcdonald's And Less Like The United Nations, Stephen F. Ross, Stefan Szymanski Jan 2006

Antitrust And Inefficient Joint Ventures: Why Sports Leagues Should Look More Like Mcdonald's And Less Like The United Nations, Stephen F. Ross, Stefan Szymanski

Marquette Sports Law Review

No abstract provided.


Affirmative Injunctions In Athletic Employment Contracts: Rethinking The Place Of The Lumley Rule In American Sports Law, Geoffrey Christopher Rapp Jan 2006

Affirmative Injunctions In Athletic Employment Contracts: Rethinking The Place Of The Lumley Rule In American Sports Law, Geoffrey Christopher Rapp

Marquette Sports Law Review

No abstract provided.


What Athletic Departments Must Know About Title Ix And Sexual Harassment, Holly Hogan Jan 2006

What Athletic Departments Must Know About Title Ix And Sexual Harassment, Holly Hogan

Marquette Sports Law Review

No abstract provided.


Baseball Bats In The High Tech Era: A Products Liability Look At New Technology, Aluminum Bats, And Manufacturer Liability, Matthew R. Wilmot Jan 2006

Baseball Bats In The High Tech Era: A Products Liability Look At New Technology, Aluminum Bats, And Manufacturer Liability, Matthew R. Wilmot

Marquette Sports Law Review

No abstract provided.


2005 Annual Survey: Recent Developments In Sports Law, Susan K. Menge Jan 2006

2005 Annual Survey: Recent Developments In Sports Law, Susan K. Menge

Marquette Sports Law Review

No abstract provided.


Winning At All Costs: An Analysis Of A University's Potential Liability For Sexual Assualts Committed By Its Student Athletes , Jenni E. Spies Jan 2006

Winning At All Costs: An Analysis Of A University's Potential Liability For Sexual Assualts Committed By Its Student Athletes , Jenni E. Spies

Marquette Sports Law Review

No abstract provided.


Book Review: A Place On The Team: The Triumph And Tragedy Of Title Ix, Paul M. Anderson Jan 2006

Book Review: A Place On The Team: The Triumph And Tragedy Of Title Ix, Paul M. Anderson

Marquette Sports Law Review

No abstract provided.