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Marquette University Law School

Journal

2016

Articles 1 - 30 of 77

Full-Text Articles in Law

Binding Authority: Unamendability In The United States Constitution—A Textual And Historical Analysis, George Mader Mar 2016

Binding Authority: Unamendability In The United States Constitution—A Textual And Historical Analysis, George Mader

Marquette Law Review

We think of constitutional provisions as having contingent permanence—they are effective today and, barring amendment, tomorrow and the day after and so on until superseded by amendment. Once superseded, a provision is void. But are there exceptions to this default state of contingent permanence? Are there any provisions in the current United States Constitution that cannot be superseded by amendment—that are unamendable? And could a future amendment make itself or some portion of the existing Constitution unamendable?

Commentators investigating limits on constitutional amendment frequently focus on limits imposed by natural law, the democratic underpinnings of our nation, or some other …


Resolving Conflicts Over Scarce Resources: Private Versus Shared Ownership, W.C. Bunting Mar 2016

Resolving Conflicts Over Scarce Resources: Private Versus Shared Ownership, W.C. Bunting

Marquette Law Review

This Article models private ownership as a conflict resolution mechanism and contends that for the Coase Theorem, as narrowly defined in this Article, to be consistent, private ownership must yield the Pareto- optimal use of scarce resources among all feasible conflict resolution mechanisms. Conflict over a scarce resource may be better resolved, however, by eliminating the possibility of private ownership and “forcing” disputing parties to share ownership of the contested resource. A corollary to the Coase Theorem is introduced which states: In the absence of transaction costs, the distribution of private and shared ownership is efficient. Further, assuming transaction costs …


Conservation Easements As A Way To Preserve Wisconsin’S Farmland: Why Wisconsin Should Adopt A Transferable Tax Credit Program, Jennifer E. Krueger Mar 2016

Conservation Easements As A Way To Preserve Wisconsin’S Farmland: Why Wisconsin Should Adopt A Transferable Tax Credit Program, Jennifer E. Krueger

Marquette Law Review

Conservation easements are a tool landowners can use to protect their land and preserve it for generations to come. Given the new emphasis society places on preserving the environment, many states have enacted some form of a conservation easement program where landowners who encumber their property with a conservation easement can receive a benefit for doing so. Wisconsin and Virginia are two states with this type of program. Wisconsin’s conservation easement program allows a landowner to donate his land and the state pays him the difference in the market value. Virginia’s program, on the other hand, allows a landowner to …


Institutional Racism In The Ncaa And The Racial Implications Of The "2.3 Or Take A Knee" Legislation, Akuoma C. Nwadike, Ashley R. Baker, Velina B. Brackebusch, Billy J. Hawkins Jan 2016

Institutional Racism In The Ncaa And The Racial Implications Of The "2.3 Or Take A Knee" Legislation, Akuoma C. Nwadike, Ashley R. Baker, Velina B. Brackebusch, Billy J. Hawkins

Marquette Sports Law Review

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Athletic Directors, Martin J. Greenberg, Alexander W. Evrard Jan 2016

Athletic Directors, Martin J. Greenberg, Alexander W. Evrard

Marquette Sports Law Review

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A Sporting Chance: Biediger V. Quinnipiac University And What Constitutes A Sport For Purposes Of Title Ix, James J. Hefferan, Jr. Jan 2016

A Sporting Chance: Biediger V. Quinnipiac University And What Constitutes A Sport For Purposes Of Title Ix, James J. Hefferan, Jr.

Marquette Sports Law Review

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Index: Sports Law In Law Reviews And Journals, Sean P. Mccarthy, Emily K. Hartsinck Jan 2016

Index: Sports Law In Law Reviews And Journals, Sean P. Mccarthy, Emily K. Hartsinck

Marquette Sports Law Review

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All's Fair In Copyright And Costumes: Fair Use Defense To Copyright Infringement In Cosplay, Molly Rose Madonia Jan 2016

All's Fair In Copyright And Costumes: Fair Use Defense To Copyright Infringement In Cosplay, Molly Rose Madonia

Marquette Intellectual Property Law Review

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Collegiate Athletes And The Right To Their Marks, Joseph E. Clemente Jan 2016

Collegiate Athletes And The Right To Their Marks, Joseph E. Clemente

Marquette Intellectual Property Law Review

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Under Seal But Not Under Law: In Re City Of Houston's Effect On Municipal Insignias, Tyler M. Helsel Jan 2016

Under Seal But Not Under Law: In Re City Of Houston's Effect On Municipal Insignias, Tyler M. Helsel

Marquette Intellectual Property Law Review

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In Pursuit Of Patent Quality (And Reflection Of Reification), Kenneth L. Port, Lucas M. Hjelle, Molly Littman Jan 2016

In Pursuit Of Patent Quality (And Reflection Of Reification), Kenneth L. Port, Lucas M. Hjelle, Molly Littman

Marquette Intellectual Property Law Review

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Eu Directive Proposal: Trade Secret, Natalja Sosnova Jan 2016

Eu Directive Proposal: Trade Secret, Natalja Sosnova

Marquette Intellectual Property Law Review

None


Iheartgeo-Fencing?: The Section 114 Exemption That Illustrates Why Full Sound Recording Rights Are The Sine Qua Non For A Vibrant Music Industry, Bradley Ryba Jan 2016

Iheartgeo-Fencing?: The Section 114 Exemption That Illustrates Why Full Sound Recording Rights Are The Sine Qua Non For A Vibrant Music Industry, Bradley Ryba

Marquette Intellectual Property Law Review

None


Punitive Damage And Attorney Fee Awards In Trade Secret Cases, Richard F. Dole Jr. Jan 2016

Punitive Damage And Attorney Fee Awards In Trade Secret Cases, Richard F. Dole Jr.

Marquette Intellectual Property Law Review

None


Table Of Contents Jan 2016

Table Of Contents

Marquette Intellectual Property Law Review

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Myriad: A Look Into The Future Of Genetic Patentable Subject Matter, Nathan Edward Cromer Jan 2016

Myriad: A Look Into The Future Of Genetic Patentable Subject Matter, Nathan Edward Cromer

Marquette Intellectual Property Law Review

None


The Commercial Felony Streaming Act: The Call For Expansion Of Criminal Copyright Infringement, Jeff Yostanto Jan 2016

The Commercial Felony Streaming Act: The Call For Expansion Of Criminal Copyright Infringement, Jeff Yostanto

Marquette Intellectual Property Law Review

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Skating On Thin Ice: The Intellectual Property Ramifications Of A Figure Skater's Public Performance, Vanessa E. Richmond Jan 2016

Skating On Thin Ice: The Intellectual Property Ramifications Of A Figure Skater's Public Performance, Vanessa E. Richmond

Marquette Intellectual Property Law Review

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Table Of Contents Jan 2016

Table Of Contents

Marquette Intellectual Property Law Review

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Test Data Protection: Different Approaches And Implementation In Pharmaceuticals, Wael Armouti, Mohammad F. A. Nsour Jan 2016

Test Data Protection: Different Approaches And Implementation In Pharmaceuticals, Wael Armouti, Mohammad F. A. Nsour

Marquette Intellectual Property Law Review

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Semicommons In Fluid Resources, Henry E. Smith Jan 2016

Semicommons In Fluid Resources, Henry E. Smith

Marquette Intellectual Property Law Review

None


The Case For Incentivizing Healthy Food By Using Patents, Enrico Bonadio Jan 2016

The Case For Incentivizing Healthy Food By Using Patents, Enrico Bonadio

Marquette Intellectual Property Law Review

None


A Fake Right Of Priority Under The Cross-Strait Agreement On Intellectual Property Right Protection And Cooperation, Ping-Hsun Chen Jan 2016

A Fake Right Of Priority Under The Cross-Strait Agreement On Intellectual Property Right Protection And Cooperation, Ping-Hsun Chen

Marquette Intellectual Property Law Review

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Socializing The Subject Of Criminal Law? Criminal Responsibility And The Purposes Of Criminalization, Nicola Lacey Jan 2016

Socializing The Subject Of Criminal Law? Criminal Responsibility And The Purposes Of Criminalization, Nicola Lacey

Marquette Law Review

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Table Of Contents Jan 2016

Table Of Contents

Marquette Sports Law Review

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Foreword, Jill K. Ingels Jan 2016

Foreword, Jill K. Ingels

Marquette Sports Law Review

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From Board Of Regents To O'Bannon: How Antitrust And Media Rights Have Influenced College Football, Thomas A. Baker Iii, Natasha T. Brison Jan 2016

From Board Of Regents To O'Bannon: How Antitrust And Media Rights Have Influenced College Football, Thomas A. Baker Iii, Natasha T. Brison

Marquette Sports Law Review

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Addressing The Current Crisis In Ncaa Athletics: Where Is Congress?, Thomas J. Horton, Drew Degroot, Tyler Custis Jan 2016

Addressing The Current Crisis In Ncaa Athletics: Where Is Congress?, Thomas J. Horton, Drew Degroot, Tyler Custis

Marquette Sports Law Review

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Paying Ncaa Athletes, David J. Berri Jan 2016

Paying Ncaa Athletes, David J. Berri

Marquette Sports Law Review

None


Work, Play, Tweet: Public University Regulation Of Employed Student-Athlete Social Media Use, Darius Love Jan 2016

Work, Play, Tweet: Public University Regulation Of Employed Student-Athlete Social Media Use, Darius Love

Marquette Sports Law Review

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