Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 60 of 118

Full-Text Articles in Law

Checking Up On Student-Athletes: A Ncaa Regulation Requiring Criminal Background Checks, Lindsay M. Potrafke Jan 2006

Checking Up On Student-Athletes: A Ncaa Regulation Requiring Criminal Background Checks, Lindsay M. Potrafke

Marquette Sports Law Review

No abstract provided.


Table Of Contents For Volume 89, Number 4, Marquette University Jan 2006

Table Of Contents For Volume 89, Number 4, Marquette University

Marquette Law Review

No abstract provided.


Elected To Decide: Is The Decision-Avoidance Doctrine Of Great Weight Deference Appropriate In This Court Of Last Resort?, Patience Drake Roggensack Jan 2006

Elected To Decide: Is The Decision-Avoidance Doctrine Of Great Weight Deference Appropriate In This Court Of Last Resort?, Patience Drake Roggensack

Marquette Law Review

No abstract provided.


Soft-Science Examiners At The Uspto: A Non-Obvious Solution To Reduce Erroneous Patent Grants, Mandy Barbara Seuffert Jan 2006

Soft-Science Examiners At The Uspto: A Non-Obvious Solution To Reduce Erroneous Patent Grants, Mandy Barbara Seuffert

Marquette Intellectual Property Law Review

Soft science graduates can participate in patent application review, or secondary review, at the USPTO when there exists a question as to a patent's validity or obviousness. Four reasons militate in favor of including soft science patent application reviews: (1) the PTO can increase the number of examiners at a relatively low cost; (2) more time can be devoted to each questionable patent application review; (3) soft science examiners use complimentary skills and insights that might promote fewer erroneous patent approvals; and, (4) fewer parties will be forced to litigate over patent validity. This paper examines the rising problems ...


Location Incentives And The Negative Commerce Clause: A Farewell To Arms?, Booker T. Coleman Jr. Jan 2006

Location Incentives And The Negative Commerce Clause: A Farewell To Arms?, Booker T. Coleman Jr.

Marquette Law Review

No abstract provided.


A Bad Case Of Indigestion: Internalizing Changes In The Right To Confrontation After Crawford V. Washington Both Nationally And In Wisconsin, Rorry Kinnally Jan 2006

A Bad Case Of Indigestion: Internalizing Changes In The Right To Confrontation After Crawford V. Washington Both Nationally And In Wisconsin, Rorry Kinnally

Marquette Law Review

No abstract provided.


Table Of Contents For Volume 89, Number 3, Marquette University Jan 2006

Table Of Contents For Volume 89, Number 3, Marquette University

Marquette Law Review

No abstract provided.


Journalism Police, Gerald G. Ashdown Jan 2006

Journalism Police, Gerald G. Ashdown

Marquette Law Review

No abstract provided.


A Matter Of Fairness: The Need For A New Look At Selective Waiver In Sec Investigations, Michael H. Dore Jan 2006

A Matter Of Fairness: The Need For A New Look At Selective Waiver In Sec Investigations, Michael H. Dore

Marquette Law Review

No abstract provided.


"The Great Divorce" Of Government And Marriage: Changing The Nature Of The Gay Marriage Debate, Cynthia M. Davis Jan 2006

"The Great Divorce" Of Government And Marriage: Changing The Nature Of The Gay Marriage Debate, Cynthia M. Davis

Marquette Law Review

No abstract provided.


Some "Hardship": Defending A Disability Discrimination Suit Under The Wisconsin Fair Employment Act, Alexander W. Hansch Jan 2006

Some "Hardship": Defending A Disability Discrimination Suit Under The Wisconsin Fair Employment Act, Alexander W. Hansch

Marquette Law Review

No abstract provided.


Qualitative Disclosure Under Amended Form 8-K: The Preface To An "Avalanche Of Trivial Information", Andrew J. Warmus Jan 2006

Qualitative Disclosure Under Amended Form 8-K: The Preface To An "Avalanche Of Trivial Information", Andrew J. Warmus

Marquette Law Review

No abstract provided.


Navigating The "Impenetrable Jungle": Statutory Limits On Wisconsin Public Nuisance Actions, Brigid W. Massaro Jan 2006

Navigating The "Impenetrable Jungle": Statutory Limits On Wisconsin Public Nuisance Actions, Brigid W. Massaro

Marquette Law Review

No abstract provided.


Reforming The Reform Of The Cy Pres Doctrine: A Proposal To Protect Testator Intent, Eric G. Pearson Jan 2006

Reforming The Reform Of The Cy Pres Doctrine: A Proposal To Protect Testator Intent, Eric G. Pearson

Marquette Law Review

No abstract provided.


No Closer To Clarity: The Establishment Clause And The Supreme Stumble In Van Orden V. Perry, Brett B. Larsen Jan 2006

No Closer To Clarity: The Establishment Clause And The Supreme Stumble In Van Orden V. Perry, Brett B. Larsen

Marquette Law Review

No abstract provided.


Criticizing The Critics: Sarbanes-Oxley And Quack Corporate Governance, J. Robert Brown Jr. Jan 2006

Criticizing The Critics: Sarbanes-Oxley And Quack Corporate Governance, J. Robert Brown Jr.

Marquette Law Review

No abstract provided.


Limited Liability Company Citizenship: Reconsidering An Illogical And Inconsistent Choice, Debra R. Cohen Jan 2006

Limited Liability Company Citizenship: Reconsidering An Illogical And Inconsistent Choice, Debra R. Cohen

Marquette Law Review

No abstract provided.


A New Routine: Assisting Patients In Responding To Prenatal Diagnosis, Angela M. Hannemann Jan 2006

A New Routine: Assisting Patients In Responding To Prenatal Diagnosis, Angela M. Hannemann

Marquette Law Review

No abstract provided.


Expert Testimony And The Relevancy Rule In The Age Of Daubert, Daniel D. Blinka Jan 2006

Expert Testimony And The Relevancy Rule In The Age Of Daubert, Daniel D. Blinka

Marquette Law Review

No abstract provided.


Table Of Contents For Volume 90, Number 2, Marquette University Jan 2006

Table Of Contents For Volume 90, Number 2, Marquette University

Marquette Law Review

No abstract provided.


The Sky Remains Intact: Why Allowing Subgroup Evidence Is Consistent With The Age Discrimination In Employment Act, Sandra F. Sperino Jan 2006

The Sky Remains Intact: Why Allowing Subgroup Evidence Is Consistent With The Age Discrimination In Employment Act, Sandra F. Sperino

Marquette Law Review

No abstract provided.


Table Of Contents For Volume 90, Number 1, Marquette University Jan 2006

Table Of Contents For Volume 90, Number 1, Marquette University

Marquette Law Review

No abstract provided.


Commencement Address: Remarks Of The Solicitor General Of The United States, Paul D. Clement Jan 2006

Commencement Address: Remarks Of The Solicitor General Of The United States, Paul D. Clement

Marquette Law Review

No abstract provided.


Chasing The Illusory Pot Of Gold At The End Of The Rainbow: Negligence And Strict Liability In Design Defect Litigation, Aaron D. Twerski Jan 2006

Chasing The Illusory Pot Of Gold At The End Of The Rainbow: Negligence And Strict Liability In Design Defect Litigation, Aaron D. Twerski

Marquette Law Review

No abstract provided.


Questioning The Fundamental Right To Marry, Joseph A. Pull Jan 2006

Questioning The Fundamental Right To Marry, Joseph A. Pull

Marquette Law Review

No abstract provided.


Faith, Justice, And The Teaching Of Criminal Procedure, Michael M. O'Hear Jan 2006

Faith, Justice, And The Teaching Of Criminal Procedure, Michael M. O'Hear

Marquette Law Review

No abstract provided.


Tax Planning For Retirement, Vada Waters Lindsey Jan 2006

Tax Planning For Retirement, Vada Waters Lindsey

Faculty Publications

As increasing life expectancy and inflation diminish the purchasing power of retirement savings, careful tax planning to maximize funds available to seniors is necessary. Lindsey discusses the taxation of various types of retirement income including traditional and Roth IRAs and Social Security benefits, and explains how careful planning can reduce income and estate taxes. The disparate effects of state income and estate taxes are also explored.


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

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

Faculty Publications

No abstract provided.


The (Neglected) Importance Of Being Lawrence: The Constitutionalization Of Public Employee Rights To Decisional Non-Interference In Private Affairs, Paul M. Secunda Jan 2006

The (Neglected) Importance Of Being Lawrence: The Constitutionalization Of Public Employee Rights To Decisional Non-Interference In Private Affairs, Paul M. Secunda

Faculty Publications

This paper argues that whatever debates continue to stew regarding the true meaning of Lawrence v. Texas, at the very least, Lawrence represents the recognition of an individual's heightened interest in decisional non-interference in private affairs. This is an important constitutional development since a problem under the doctrine of unconstitutional conditions only arises when the government offers a benefit, like government employment, conditioned on the waiver of a preferred constitutional right. Thus, a government employer, post-Lawrence, should be prohibited, under the doctrine of unconstitutional conditions, from firing a government employee who exercises her rights to decisional non-interference in private ...


Inherent Attorney Conflicts Of Interest Under Erisa: Using The Model Rules Of Professional Conduct To Discourage Joint Representation Of Dual Role Fiduciaries, Paul M. Secunda Jan 2006

Inherent Attorney Conflicts Of Interest Under Erisa: Using The Model Rules Of Professional Conduct To Discourage Joint Representation Of Dual Role Fiduciaries, Paul M. Secunda

Faculty Publications

Although ERISA expressly permits employers to act as both an employer/plan sponsor and fiduciary of an ERISA employee benefit plan, the statute does not address itself to whether corporate counsel should represent an employer in both of these capacities. Conflicts of interest frequently arise in this context because corporate officers have a fiduciary duty to act in the best interests of their shareholders, while ERISA plan fiduciaries have a duty to act in the best interests of the plan participants and beneficiaries.

Although the Model Rules speak generically of how to identify the client in corporate situations, and also ...