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Articles 1 - 30 of 68
Full-Text Articles in Law
All Along The New Watchtower: Artificial Intelligence, Workplace Monitoring, Automation, And The National Labor Relations Act, Bradford J. Kelley
All Along The New Watchtower: Artificial Intelligence, Workplace Monitoring, Automation, And The National Labor Relations Act, Bradford J. Kelley
Marquette Law Review
Recent technological advances have dramatically expanded employers’ ability to electronically monitor and manage employees within the workplace. New technologies, including tools powered by artificial intelligence, are being used in the workplace for a wide range of purposes such as measuring employee work rates, preventing theft, and monitoring drivers with GPS tracking devices. These technologies offer potential solutions for many companies that may increase efficiencies and support operations, dramatically reduce human bias, prevent discrimination and harassment, and improve worker health and safety. Despite these potential benefits, the use of these technologies may raise concerns under the National Labor Relations Act (NLRA), …
Rights And Remedies: Rental Housing For Low-Income Households In The United States, David Ray Papke, Mary Elise Papke
Rights And Remedies: Rental Housing For Low-Income Households In The United States, David Ray Papke, Mary Elise Papke
Marquette Benefits and Social Welfare Law Review
The state of rental housing for low-income households in the United States is deplorable. Unaffordable, unsanitary, and insecure, this housing violates the internationally recognized right of housing. While the United States has never formally recognized that right, the right guarantees not only a roof overhead but also affordability, habitability, and security of tenure. Policies and programs seeking to remedy the problems in rental housing might consciously address these aspects of rental housing. Policies and programs of this sort will not be enough to eliminate all problems, but they would alleviate a matter of great embarrassment, namely, the most affluent country …
Inviting The People Into People's Court: Embracing Non-Attorney Representation In Eviction Proceedings, Gregory Zlotnick
Inviting The People Into People's Court: Embracing Non-Attorney Representation In Eviction Proceedings, Gregory Zlotnick
Marquette Benefits and Social Welfare Law Review
Evictions often hide in plain sight—and so does one of the most effective responses. Studies uniformly confirm that represented tenants avoid evictions, and with it associated downstream effects, at appreciably higher rates than unrepresented tenants. Tenant representation is one of the most cost-effective anti-poverty interventions available in our housing system. Lawyers should support its expansion, even if and when it a non-lawyer serves as that intervenor in eviction court.
This paper argues that the legal profession should embrace and expand existing pathways for training eligible and interested individuals, regardless of whether they are licensed attorneys, to assist tenants facing eviction. …
The War On Drugs Or The War On Drug Users? Supervised Consumption Site In The United States As A Harm Reduction Strategy To Fight The Opioid Epidemic, Mary Crevello
Marquette Benefits and Social Welfare Law Review
Exploring the U.S. response to the opioid crisis, this study critically examines supervised consumption sites (SCSs) as a pragmatic approach. The historical framework of the "war on drugs" is scrutinized, highlighting its limitations and the necessity to shift from punitive measures towards more effective harm reduction strategies. Due to escalating opioid-related fatalities and inadequate harm reduction methods, the potential of SCSs is evaluated for short-term intervention. The Department of Justice's (DOJ) role in facilitating temporary measures to enable SCS operations is assessed, underscoring the urgency for a stable legislative framework to comprehensively address the crisis.
This research advocates for embracing …
All Dogs Are Emotional Support Animals: The Timely Need To Reconsider The Rights Of Renters To Have Dogs Under The Fair Housing Act, Leigh Cummings
All Dogs Are Emotional Support Animals: The Timely Need To Reconsider The Rights Of Renters To Have Dogs Under The Fair Housing Act, Leigh Cummings
Marquette Benefits and Social Welfare Law Review
The lack of pet-friendly housing options in the United States and the current web of property-owner-imposed restrictions unfairly prevents renters and lower-income individuals and families from benefitting from dog companionship. The recent confusion and stigma around the term “emotional support animal” has led to misinterpretation of the requirements of a reasonable accommodation request under the Fair Housing Act. Interpreting “assistance animal” under the Fair Housing Act as a blanket classification that applies to all dogs would reverse this current bias. Restrictions should promote responsible pet caretaking, not limit dog ownership. Considering recent heightened protections for dogs in other areas of …
Racial Discrimination In Jury Selection: The Urgent Need For Sixth Amendment Protections For Black Capital Defendants, Claire Austin
Racial Discrimination In Jury Selection: The Urgent Need For Sixth Amendment Protections For Black Capital Defendants, Claire Austin
Marquette Benefits and Social Welfare Law Review
In the U.S., death row is made up of a disproportionate number of black persons. In capital trials, black defendants often face all white juries. The deep-rooted racial discrimination in the justice system impacts jury selection because prosecutors use peremptory strikes to remove black jurors from the jury panel. As the law stands today, the Sixth Amendment guarantee of an impartial jury made up of a fair representation of the jury applies only to the pool of jurors called in for jury service, not those who are actually selected to hear the case.
This comment analyzes the Supreme Court decision, …
Sexual Orientation At The Crossroads, Johan D. Van Der Vyver
Sexual Orientation At The Crossroads, Johan D. Van Der Vyver
Marquette Benefits and Social Welfare Law Review
The decision of the U.S. Supreme Court in the case of Bostock v. Clayton County that sexual orientation is included in the concept of “sex” in the non-discrimination provisions of the Civil Rights Act of 1964 is historically indefensible. The Civil Rights Act was initiated by President John F. Kennedy to combat racial discrimination in the workplace and the word “sex” was included in the Act by a “claque of Southern Congressmen” as part of a filibuster attempt to prevent its enactment. It was accepted by proponents of the Act on the instructions of President Johnson merely to avoid the …
Barrock Lecture: Democracy In The Criminal Justice System: An Assessment, Carissa Byrne Hessick
Barrock Lecture: Democracy In The Criminal Justice System: An Assessment, Carissa Byrne Hessick
Marquette Law Review
None.
Wisconsin's Citation Rule: Unpublished Should Not Mean Uncitable, Jacob Lloyd
Wisconsin's Citation Rule: Unpublished Should Not Mean Uncitable, Jacob Lloyd
Marquette Law Review
Wisconsin’s citation rule stands tall, yet unsupported. It injures Wisconsin practitioners, their clients, and judges in all three levels of Wisconsin’s judicial branch. With little tolerance, Wisconsin Statutes section 809.23(3) precludes the citation of (1) unpublished opinions issued before July 1, 2009, and (2) unauthored, unpublished opinions thereafter. You may be surprised to learn that that means approximately half of Wisconsin Court of Appeals opinions issued each year are uncitable—so, too, are significantly more than half of the opinions it issued before July 1, 2009. Without change, the Wisconsin Court of Appeals will continue to miscategorize its opinions; Wisconsin’s case …
Counting To Four: The History And Future Of Wisconsin's Fractured Supreme Court, Jeffrey A. Mandell, Daniel J. Schneider
Counting To Four: The History And Future Of Wisconsin's Fractured Supreme Court, Jeffrey A. Mandell, Daniel J. Schneider
Marquette Law Review
Over the past decade, the Wisconsin Supreme Court has issued “fractured” opinions—decisions without majority support for any one legal rationale supporting the outcome—at an alarming clip. These opinions have confounded legal analysts, attorneys, and government officials due to their lack of majority reasoning, but also due to their length and the court’s particular procedures for assigning, drafting, and labelling opinions. This has become especially problematic where the court has issued fractured opinions in areas core to the basic functioning of state and local government, leaving the state without clear precedential guidance on what the law is. Yet, virtually no one …
Blockchain Safe Harbor? Applying The Lessons Learned From Early Internet Regulation, Amy Cyphert, Sam Perl
Blockchain Safe Harbor? Applying The Lessons Learned From Early Internet Regulation, Amy Cyphert, Sam Perl
Marquette Law Review
It has been more than a quarter century since Congress enacted twin safe harbor provisions to help protect and encourage the growth of a nascent internet by removing some liability and regulatory uncertainty. Today, there are calls for a similar safe harbor provision for blockchain, the technology behind cryptocurrencies and smart contracts. What lessons have we learned from the implementation of the internet safe harbor provisions, Section 230 of the Communications Decency Act, and Section 512 of the Digital Millennium Copyright Act? This Article charts the history of those provisions and their judicial construction over the decades. It also examines …
Disparities On Judicial Conduct Commissions, Nino C. Monea
Disparities On Judicial Conduct Commissions, Nino C. Monea
Marquette Law Review
Every state has a judicial conduct commission responsible for investigating complaints against judges and issuing sanctions where appropriate. But the judicial disciplinary system needs fixing. This Article examines 466 cases of public discipline from five states to illustrate the shortcomings of the present system. The status quo hides judicial misconduct from the public, fails to punish judges who abuse their office, and gives judges greater protections than criminal defendants, even when the stakes are lower.
Boden Lecture: The Past’S Lessons For Today: Can Common-Carrier Principles Make For A Better Internet?, James B. Speta
Boden Lecture: The Past’S Lessons For Today: Can Common-Carrier Principles Make For A Better Internet?, James B. Speta
Marquette Law Review
None.
“All We Have To Decide Is What To Do With The Time Given To Us”: Using Concepts Of Narrative Time To Draft More Persuasive Legal Arguments, Jennifer Sheppard
“All We Have To Decide Is What To Do With The Time Given To Us”: Using Concepts Of Narrative Time To Draft More Persuasive Legal Arguments, Jennifer Sheppard
Marquette Law Review
When taught to draft a statement of facts or a statement of the case, law students and new lawyers are often told to “tell a story” and that chronological order is usually the best organizational strategy to use when telling that story. While much has been written in recent years on how to draft a story in the legal context, little scholarship is devoted to how to draft a story using chronology or how a lawyer can shape and manipulate time within a story to better advocate for a client. Legal scholars seem to think that the use of chronology …
Oklahoma V. Castro-Huerta, Jurisdictional Overlap, Competitive Sovereign Erosion, And The Fundamental Freedom Of Sovereign Nations, Michael D.O. Rusco
Oklahoma V. Castro-Huerta, Jurisdictional Overlap, Competitive Sovereign Erosion, And The Fundamental Freedom Of Sovereign Nations, Michael D.O. Rusco
Marquette Law Review
In addition to its stunning internal flaws, the United States Supreme Court’s opinion in Oklahoma v. Castro-Huerta exemplifies Indian law’s broader flaws as a jurisprudence. Castro-Huerta holds that states have concurrent criminal jurisdiction with federal and tribal governments over crimes by non-Indians against Indians on reservation lands. Justice Gorsuch deftly addresses many of the glaring internal flaws in Kavanaugh’s majority opinion, but not all. He does not dissect the hollow assertion that reservations are part of the surrounding state both geographically and politically. This cannot go unaddressed, particularly given its weak analysis, misguided use of precedent, and broader consequences.
Game On—Copyrighted Tattoos In Video Games As Fair Use, Emilie Smith
Game On—Copyrighted Tattoos In Video Games As Fair Use, Emilie Smith
Marquette Law Review
With its fact-intensive inquiries and limited bright-line rules, copyright law is known for its ambiguity, and courts often differ in their interpretations of various doctrines. The fair use doctrine is no different, and was in fact designed to grant courts discretion in making their determinations, all with the aim of maintaining the true purpose of the copyright law. Recent technologies and popularized forms of art only complicate things, adding rougher terrain to an already confusing landscape.
Partisan Gerrymandering: The Promise And Limits Of State Court Judicial Review, Norman R. Williams
Partisan Gerrymandering: The Promise And Limits Of State Court Judicial Review, Norman R. Williams
Marquette Law Review
In 2021, the Oregon Legislature succeeded in redrawing the state’s legislative and congressional districts, but the new redistricting plans were immediately challenged in state court as partisan gerrymanders. The Oregon Supreme Court rejected the challenge to the state legislative map, but its analysis, which accorded significant deference to the legislature’s choices, raised more questions than answers about the appropriate level of scrutiny for state redistricting plans. A special, five-judge court likewise rejected the gerrymandering challenge to the congressional map, and, while its analysis was less deferential, its decision also left unanswered the fundamental question regarding at what point a redistricting …
The Nagging In Our Ears And Original Public Meaning, Perry Dane
The Nagging In Our Ears And Original Public Meaning, Perry Dane
Marquette Law Review
The debate over how to understand the meaning of legal texts once pitted intentionalism against a variety of other views united by the conviction that a legal enactment takes on a meaning not reducible to anybody’s mental state. Both these approaches are supported by powerful intuitions. This Article does not try to referee between them. Instead, it takes aim at a third set of views— theories of “original public meaning”—that in recent decades has upended the traditional debate and has now become gospel for the new majority on the United States Supreme Court.
Is It Time For Federal Regulation Of The Tax Preparer Industry? New Insights From Legal And Empirical Developments, Jessica A. Magaldi, Matthew Reidenbach, Jonathan S. Sales, John S. Treu
Is It Time For Federal Regulation Of The Tax Preparer Industry? New Insights From Legal And Empirical Developments, Jessica A. Magaldi, Matthew Reidenbach, Jonathan S. Sales, John S. Treu
Marquette Law Review
The tax preparer industry is unusual in that it involves the interpretation of an intricate and complicated tax code, but imposes no minimum requirements of competency because the industry is largely unregulated. A study by the Government Accountability Office (GAO) indicated that unregulated tax preparers commit significantly higher error rates and, based in part on that study’s findings, the Internal Revenue Service (IRS) attempted to regulate the tax preparer industry nationwide under the Registered Tax Return Preparer (RTRP) regime. This RTRP program was invalidated in Loving v. IRS, however, leaving the industry largely unregulated, except in the small minority …
Employee Beware: Why Secret Workplace Recordings Are Risky Business For Employees, Marc C. Mcallister
Employee Beware: Why Secret Workplace Recordings Are Risky Business For Employees, Marc C. Mcallister
Marquette Law Review
This Article examines the risks for employees when secretly recording workplace conversations. Although many employers flatly prohibit employees from secretly recording workplace conversations, case law contains dozens of examples of employees conducting such espionage. In the typical case, employees secretly record conversations to gather evidence to support claims of discrimination, harassment, or whistleblowing, but many of those individuals were likely unaware of the pitfalls associated with their clandestine activities. This Article uncovers various pitfalls for employees when secretly recording workplace conversations. These include being fired by their employer for violating its no-recording policy, finding courts unreceptive to claims of retaliation …
The Legacy Of Trayvon Martin—Neighborhood Watches, Vigilantes, Race, And Our Law Of Self-Defense, Mark S. Brodin
The Legacy Of Trayvon Martin—Neighborhood Watches, Vigilantes, Race, And Our Law Of Self-Defense, Mark S. Brodin
Marquette Law Review
Reflecting back a decade later, what is the enduring significance of the Trayvon Martin case—a Black teenager whose life is violently cut short, and a legal system that accepted his death without consequence? The poet Elizabeth Alexander speaks of “The Trayvon Generation” of Black youth who have grown up in the haunting shadow of his killing, and the anguished parents who cannot protect their children from such a fate. America’s first Black president spoke for them: “When I think about this boy, I think about my own kids. If I had a son, he’d look like Trayvon,” Barack Obama told …
Warren/Burger Courts Exalted “Free” Expression Over Other American Values, Louis W. Hensler Iii
Warren/Burger Courts Exalted “Free” Expression Over Other American Values, Louis W. Hensler Iii
Marquette Law Review
Anglo-American defamation law started with a simple condemnation of the sin of evil speaking. Eventually, this value condemning harmful speech was accommodated to the value of speaking the truth, even hurtful truth. A third value of fostering responsible self-government was injected into American defamation law at and around the time of the American Revolution. This value makes it especially important for citizens to freely speak even hurtful truth about their government.
Election Administration Concerns Meet Claims Of A Fraudulent Election: A Comprehensive Analysis Of The 2020 Presidential Election And Its Aftermath In Wisconsin, Joe Franke
Marquette Law Review
The 2020 presidential election unearthed valid questions about how the election was administered and whether various state laws were properly followed. However, President Donald Trump and his closest allies routinely fail to distinguish between questions about whether state officials correctly interpreted and applied the state’ s election code and actual fraud or malfeasance. There is a significant difference between accusing election officials of wrongly interpreting state law or incorrectly implementing election procedures, and alleging that those same officials intended to rig the outcome. Failure to make this distinction has contributed to the stolen election narrative, which continues to roil the …
International Tax Agreements As The Final Push For Us Adoption Of Adequate Protection In Connection With The Gdpr, Olivia Hansen
International Tax Agreements As The Final Push For Us Adoption Of Adequate Protection In Connection With The Gdpr, Olivia Hansen
Marquette Intellectual Property & Innovation Law Review
None
Grand Jury Information And Government Contractors: Reconciliation Through Privacy Law, Andrew Holzmann
Grand Jury Information And Government Contractors: Reconciliation Through Privacy Law, Andrew Holzmann
Marquette Intellectual Property & Innovation Law Review
None
Intellectual Property And Accessibility For Individuals With Disabilities, Eman A. Daas
Intellectual Property And Accessibility For Individuals With Disabilities, Eman A. Daas
Marquette Intellectual Property & Innovation Law Review
None.
Hallows Lecture: Complexity And Contradiction In American Law, Gerard E. Lynch
Hallows Lecture: Complexity And Contradiction In American Law, Gerard E. Lynch
Marquette Law Review
None.
Disregarding Brentwood: State Courts Ignoring The Supreme Court's Decision On State Action, Patrick T. Mccormick
Disregarding Brentwood: State Courts Ignoring The Supreme Court's Decision On State Action, Patrick T. Mccormick
Marquette Sports Law Review
No abstract provided.
Student-Athlete Or More? Why Cadet-Athletes At The United States Service Academies Should Also Benefit From Nil, Michelle A. Svilpe
Student-Athlete Or More? Why Cadet-Athletes At The United States Service Academies Should Also Benefit From Nil, Michelle A. Svilpe
Marquette Sports Law Review
No abstract provided.
The Largest Wave In The Ncaa's Ocean Of Change: The "College Athletes Are Employees" Issue Reevaluated, Joshua Hernandez
The Largest Wave In The Ncaa's Ocean Of Change: The "College Athletes Are Employees" Issue Reevaluated, Joshua Hernandez
Marquette Sports Law Review
No abstract provided.