Law Commons^™

Forced Back Into The Lion's Mouth: Per Se Reporting Requirements In U.S. Asylum Law, Amelia S. Mcgowan

Marquette Law Review

This Article makes a significant contribution to scholarship on asylum

law by identifying and calling for the abolition of a deadly (but unexplored)

development in asylum law: per se reporting requirements. In jurisdictions

where they apply, per se reporting requirements automatically bar protection

to asylum seekers solely because they did not report their non-state persecutors

(such as cartels or domestic abusers) to the authorities before fleeing, even

where reporting would have been futile or dangerous. These requirements

similarly provide no exception where law enforcement openly support an

applicant’s persecutor.

This Article demonstrates that even though per se reporting requirements

have …

Foreword, Paul M. Anderson

Marquette Sports Law Review

No abstract provided.

Book Review: Baseball And The Law: Cases And Materials, Russ Versteeg

Marquette Sports Law Review

No abstract provided.

A Baby Step: The Status Of Surrogacy Law In Wisconsin Following Rosecky V. Schissel, Joshua J. Bryant

Marquette Law Review

Surrogacy is an ancient and rapidly expanding industry in the United States and abroad. Despite this, the legal landscape governing surrogacy contracts remains tenuous in a majority of states—including Wisconsin. In 2013, the Wisconsin Supreme Court took the first step in developing surrogacy contract law in Wisconsin. Absent legislative guidance, the court fashioned a reasonable foundation for surrogacy contracts. However, its decision does little to ensure that intending parents and surrogate mothers who enter into such agreements fully understand their responsibilities and have assurances that their expectations will be met. This Comment does not seek to argue, as many others …

The Transgender Student-Athlete: Is There A Fourteenth Amendment Right To Participate On The Gender-Specific Team Of Your Choice?, Krista D. Brown

Marquette Sports Law Review

No abstract provided.

Your Coach Is Watching: Can A High School Regulate Its Student-Athletes' Use Of Social Media?, Lauren E. Rosenbaum

Marquette Sports Law Review

No abstract provided.

International Intellectual Property Scholars Series: A Fundamental Critique Of The Law-And-Economics Analysis Of Intellectual Property Rights, Andreas Rahmatian

Marquette Intellectual Property Law Review

None.

Issues In Interstate Guardianship, William P. Donaldson

Marquette Elder's Advisor

This article focuses on In the Matter of the Guardianship and Protective Placement of Jimmie L. v. Sauk County. The guardian in the case was appointed in one state, but the guardian desired to relocate to another state. The article also explores the use of the Uniform Enforcement of Foreign Judgments Act where issues arise in interstate guardianship.

Social Values And Older Persons: The Role Of The Law, Marshall B. Knapp

Marquette Elder's Advisor

Kapp discusses the relationship of law to social values, and how laws can permit, require, or restrain certain activities. Further discussion involves how laws, such as the Age Discrimination Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Fair Housing Act impact the elderly, and then asks whether the law alone is enough to protect the elderly.

The Legal Status Of Gambling In America's Senior Communities , Marc J. Randazza, Daniel Russell

Marquette Elder's Advisor

More seniors are gambling than ever before, and many may not know whether what they are doing is legal or illegal in their particular jurisdiction. Regulations involving penny-ante games, regular gambling, bingo, and amusement gambling are explored in five jurisdictions: Florida, Arizona, California, Wisconsin (the most restrictive), and Nevada (the least restrictive). Both association and personal liability are discussed.

The Schiavo Odyssey: A Tale Of Two Legislative Reprieves , Miriam Rosenblatt-Hoffman

Marquette Elder's Advisor

Between the time that Terri Schiavo's husband received court approval to discontinue her life support systems and her ultimate demise more than five years later, contentious legal battles were waged and specific state and federal laws were enacted to prolong Terri's life. The author postulates and explains why both laws were unconstitutional, and decries the legislative interference in patient autonomy.

Bankruptcy To Thwart Responsibility For Financial Abuse Of The Elderly, Richard Aaron

Marquette Elder's Advisor

In cases of financial abuse of the elderly, bankruptcy action has been pursued to thwart responsibility. This article is a brief map to the terra incognita of bankruptcy and suggests directions to consider and pits to avoid. The specific message is to plan for bankruptcy at the onset, step one. Whatever palliative path is chosen, it circles back to the beginning, alerting the representative of the victim to evasion efforts that might be headed off. Waiting to react with defensive steps when and if a bankruptcy out is threatened can destroy hopes of recovery.

Ensure Your Pet's Future: Estate Planning For Owners And Their Animal Companions , Rachel Hirschfeld

Marquette Elder's Advisor

Pets are a central and vital part of their owners' lives, and it is statistically well-documented that seniors and people with health issues derive substantial benefits from their pets. However, pet owners often do not consider what will happen to their pets if they die or become disabled. Many older people do not have pets because they are concerned about who will care for their pets if they become disabled or die and their pet survives them. Often, older people would like to have a pet companion and would benefit from acquiring one or keeping the one they already have. …

International Human Rights And The Elderly, Jaclynn M. Miller

Marquette Elder's Advisor

This article argues that despite the international instruments that make reference to the rights of the elderly, steps still need to be taken to ensure that both laws and enforcement policies are being created internationally and nationally to protect the elderly, especially those who need institutionalized care. For this to occur, better enforcement mechanisms must be created, primarily an international treaty specifically designed to protect the rights of the elderly. In the course of this argument, the article discusses the definition of old age, the existing international legal framework for the protection of the elderly, and examples of elder abuse. …

New Standards For The Involuntary Commitment Of The Mentally Ill: "Danger" Redefined, Elizabeth A. Mcguan

Marquette Elder's Advisor

McGuan's article examines the way legislatures have amended their involuntary commitment statutes to allow for the more aggressive commitment of the mentally ill. The article discusses whether the definition of dangerous conduct in an Illinois amendment deprives a mentally ill person of a fundamental liberty interest guaranteed by the Constitution. The article begins with an overview of mental health law in the United States since World War II, followed by an analysis of the constitutionality of the Illinois amendment.

Entertainment Law - The Specter Of Malpractice Claims And Disciplinary Actions, Jack P. Sahl

Marquette Sports Law Review

No abstract provided.

Are We All Dopes? A Behavioral Law And Economics Approach To Legal Regulation Of Doping In Sports, Shayna M. Sigman

Marquette Sports Law Review

No abstract provided.

The Body And The Law: How Physiological And Legal Obstacles Combine To Create Barriers To Accurate Drug Testing , Genevieve F.E. Birren, Jeremy C. Fransen

Marquette Sports Law Review

No abstract provided.

Let's Not "Spit The Bit" In Defense Of "The Law Of The Horse": The Historical And Legal Development Of American Thoroughbred Racing, Joan S. Howland

Marquette Sports Law Review

No abstract provided.

Aside The Aside: The True Precedent Of Baseball In Law: Law The Residue Of Luck - Or, Who's Not On First?, Eldon L. Ham

Marquette Sports Law Review

No abstract provided.

Australian Medico-Legal Issues In Sport: The View From The Grandstand, Hayden Opie

Marquette Sports Law Review

No abstract provided.

What Is Sports Law?, Timothy Davis

Marquette Sports Law Review

No abstract provided.

Fraser V. Mls, L.L.C.: Is There A Sham Exception To The Copperweld Single Entity Immunity?, Michael P. Waxman

Marquette Sports Law Review

No abstract provided.