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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
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contingent permanence—they are effective today and, barring amendment, tomorrow and the day after and so on until superseded by amendment. Once superseded, a provision is void.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 Are there any provisions in the current United States Constitution that cannot be superseded by amendment—that are unamendable?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
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
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
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
None
Athletic Directors, Martin J. Greenberg, Alexander W. Evrard
Athletic Directors, Martin J. Greenberg, Alexander W. Evrard
Marquette Sports Law Review
None
A Sporting Chance: Biediger V. Quinnipiac University And What Constitutes A Sport For Purposes Of Title Ix, James J. Hefferan, Jr.
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
None
Index: Sports Law In Law Reviews And Journals, Sean P. Mccarthy, Emily K. Hartsinck
Index: Sports Law In Law Reviews And Journals, Sean P. Mccarthy, Emily K. Hartsinck
Marquette Sports Law Review
None
All's Fair In Copyright And Costumes: Fair Use Defense To Copyright Infringement In Cosplay, Molly Rose Madonia
All's Fair In Copyright And Costumes: Fair Use Defense To Copyright Infringement In Cosplay, Molly Rose Madonia
Marquette Intellectual Property Law Review
None
Collegiate Athletes And The Right To Their Marks, Joseph E. Clemente
Collegiate Athletes And The Right To Their Marks, Joseph E. Clemente
Marquette Intellectual Property Law Review
None
Under Seal But Not Under Law: In Re City Of Houston's Effect On Municipal Insignias, Tyler M. Helsel
Under Seal But Not Under Law: In Re City Of Houston's Effect On Municipal Insignias, Tyler M. Helsel
Marquette Intellectual Property Law Review
None
In Pursuit Of Patent Quality (And Reflection Of Reification), Kenneth L. Port, Lucas M. Hjelle, Molly Littman
In Pursuit Of Patent Quality (And Reflection Of Reification), Kenneth L. Port, Lucas M. Hjelle, Molly Littman
Marquette Intellectual Property Law Review
None
Eu Directive Proposal: Trade Secret, Natalja Sosnova
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
Marquette Intellectual Property Law Review
None
Punitive Damage And Attorney Fee Awards In Trade Secret Cases, Richard F. Dole Jr.
Punitive Damage And Attorney Fee Awards In Trade Secret Cases, Richard F. Dole Jr.
Marquette Intellectual Property Law Review
None
Myriad: A Look Into The Future Of Genetic Patentable Subject Matter, Nathan Edward Cromer
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
The Commercial Felony Streaming Act: The Call For Expansion Of Criminal Copyright Infringement, Jeff Yostanto
Marquette Intellectual Property Law Review
None
Skating On Thin Ice: The Intellectual Property Ramifications Of A Figure Skater's Public Performance, Vanessa E. Richmond
Skating On Thin Ice: The Intellectual Property Ramifications Of A Figure Skater's Public Performance, Vanessa E. Richmond
Marquette Intellectual Property Law Review
None
Test Data Protection: Different Approaches And Implementation In Pharmaceuticals, Wael Armouti, Mohammad F. A. Nsour
Test Data Protection: Different Approaches And Implementation In Pharmaceuticals, Wael Armouti, Mohammad F. A. Nsour
Marquette Intellectual Property Law Review
None
Semicommons In Fluid Resources, Henry E. Smith
Semicommons In Fluid Resources, Henry E. Smith
Marquette Intellectual Property Law Review
None
The Case For Incentivizing Healthy Food By Using Patents, Enrico Bonadio
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
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
None
Socializing The Subject Of Criminal Law? Criminal Responsibility And The Purposes Of Criminalization, Nicola Lacey
Socializing The Subject Of Criminal Law? Criminal Responsibility And The Purposes Of Criminalization, Nicola Lacey
Marquette Law Review
none
Foreword, Jill K. Ingels
From Board Of Regents To O'Bannon: How Antitrust And Media Rights Have Influenced College Football, Thomas A. Baker Iii, Natasha T. Brison
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
None
Addressing The Current Crisis In Ncaa Athletics: Where Is Congress?, Thomas J. Horton, Drew Degroot, Tyler Custis
Addressing The Current Crisis In Ncaa Athletics: Where Is Congress?, Thomas J. Horton, Drew Degroot, Tyler Custis
Marquette Sports Law Review
None
Paying Ncaa Athletes, David J. Berri
Work, Play, Tweet: Public University Regulation Of Employed Student-Athlete Social Media Use, Darius Love
Work, Play, Tweet: Public University Regulation Of Employed Student-Athlete Social Media Use, Darius Love
Marquette Sports Law Review
None