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Full-Text Articles in Law

Table Of Contents Jan 2017

Table Of Contents

Marquette Sports Law Review

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Arrr... Whose Booty, Mates? Who Possesses Legal Title To A Home Run Baseball That Lands Outside A Stadium's Confines?, Michael R. Gavin Jan 2017

Arrr... Whose Booty, Mates? Who Possesses Legal Title To A Home Run Baseball That Lands Outside A Stadium's Confines?, Michael R. Gavin

Marquette Sports Law Review

None


The Impact Of Teacher Collective Bargaining Agreements On High School Coaches, Harvey M. Shrage, Curt Hamakawa Jan 2017

The Impact Of Teacher Collective Bargaining Agreements On High School Coaches, Harvey M. Shrage, Curt Hamakawa

Marquette Sports Law Review

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The Limitation Of Labor Preemption: Survivability Of Contract Rights During Employer Lockouts, Andrew F. Gann, Jr. Jan 2017

The Limitation Of Labor Preemption: Survivability Of Contract Rights During Employer Lockouts, Andrew F. Gann, Jr.

Marquette Sports Law Review

None


Major League Soccer's Exceptionalism In Fifa's Transfer System: For How Much Longer?, Remo Decurtins Jan 2017

Major League Soccer's Exceptionalism In Fifa's Transfer System: For How Much Longer?, Remo Decurtins

Marquette Sports Law Review

None


Undressing The Locker Room Issue: Applying Title Ix To The Legal Battle Over Locker Room Equality For Transgender Student-Athletes, Meghan M. Pirics Jan 2017

Undressing The Locker Room Issue: Applying Title Ix To The Legal Battle Over Locker Room Equality For Transgender Student-Athletes, Meghan M. Pirics

Marquette Sports Law Review

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The Calm Before The (Court) Storm: Potential Fan Liability And The Ncaa's Necessary Response, Joshua D. Winneker, Sam C. Ehrlich Jan 2017

The Calm Before The (Court) Storm: Potential Fan Liability And The Ncaa's Necessary Response, Joshua D. Winneker, Sam C. Ehrlich

Marquette Sports Law Review

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Index: Sports Law In Law Reviews And Journals, Katelynn Hill Jan 2017

Index: Sports Law In Law Reviews And Journals, Katelynn Hill

Marquette Sports Law Review

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2015 & 2016 Annual Surveys: Recent Developments In Sports Law, Katelynn Hill Jan 2017

2015 & 2016 Annual Surveys: Recent Developments In Sports Law, Katelynn Hill

Marquette Sports Law Review

None


Mitchell's Story: A Cautionary Tale Of Underlying Cardiovascular Disease And The Call For Increased Pre-Participation Sports Physicals At The Intercollegiate Level, Jessica M. Goldstein Jan 2017

Mitchell's Story: A Cautionary Tale Of Underlying Cardiovascular Disease And The Call For Increased Pre-Participation Sports Physicals At The Intercollegiate Level, Jessica M. Goldstein

Marquette Sports Law Review

None


The Waiting Game: Examining Labor Law And Reasons Why The Wnba Needs To Change Its Age/Education Policy, Jessica L. Hendrick Jan 2017

The Waiting Game: Examining Labor Law And Reasons Why The Wnba Needs To Change Its Age/Education Policy, Jessica L. Hendrick

Marquette Sports Law Review

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Sports And The First Amendment: Ufc Is The Latest Challenger, Jason J. Cruz Jan 2017

Sports And The First Amendment: Ufc Is The Latest Challenger, Jason J. Cruz

Marquette Sports Law Review

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Daily Fantasy Sports And The Presidential Debate, Walter T. Champion Jr., I. Nelson Rose Jan 2017

Daily Fantasy Sports And The Presidential Debate, Walter T. Champion Jr., I. Nelson Rose

Marquette Sports Law Review

None


The Curious Case Of The Bradley Center, Matthew J. Parlow Jan 2017

The Curious Case Of The Bradley Center, Matthew J. Parlow

Marquette Sports Law Review

None


Embracing Race-Conscious College Admissions Programs: How Fisher V. University Of Texas At Austin Redefines "Affirmative Action" As A Holistic Approach To Admissions That Ensures Equal, Not Preferential, Treatment, Nancy L. Zisk Jan 2017

Embracing Race-Conscious College Admissions Programs: How Fisher V. University Of Texas At Austin Redefines "Affirmative Action" As A Holistic Approach To Admissions That Ensures Equal, Not Preferential, Treatment, Nancy L. Zisk

Marquette Law Review

In Fisher v. University of Texas at Austin, the United States Supreme Court affirmed well-established Supreme Court doctrine that race may be considered when a college or university decides whom to admit and whom to reject, as long as the consideration of race is part of a narrowly tailored holistic consideration of an applicant's many distinguishing features. The Court's latest decision heralds a new way of thinking about holistic race-conscious admissions programs. Rather than considering them as "affirmative action" plans that prefer any one applicant to the disadvantage of another, they should be viewed as the Court has ...


Mutual Fund Capital Structure, A. Joseph Warburton Jan 2017

Mutual Fund Capital Structure, A. Joseph Warburton

Marquette Law Review

The Investment Company Act of 1940 regulates the capital structure of mutual funds in order to restrain their leverage and speculative character. It is often (mistakenly) assumed that the law prohibits open-end mutual funds from borrowing money. This Article (I) analyzes the law governing mutual fund capital structure to reveal when (and to what extent) borrowing is allowed and (ii) examines a novel dataset on mutual fund capital structure that shows borrowing is an unexpectedly common practice.

Using data on all registered investment companies in the U.S. from 1998 to 2013, I find that nearly 8% of open-end mutual ...


Interpreting Wisconsin Statutes, Daniel R. Suhr Jan 2017

Interpreting Wisconsin Statutes, Daniel R. Suhr

Marquette Law Review

"The seminal case on statutory interpretation in recent years is State ex rel. Kalal v. Circuit Court for Dane County, 2014 WI 58. . . . In Kalal, the court emphasized the importance of statutory text when it embraced the principle that a court's role is to determine what a statute means rather than determine what the legislature intended." - Wisconsin Supreme Court Justice David Prosser, 2014.


Who Needs Contracts? Generalized Exchange Within Investment Accelerators, Brad Bernthal Jan 2017

Who Needs Contracts? Generalized Exchange Within Investment Accelerators, Brad Bernthal

Marquette Law Review

This Article investigates why an expert volunteers on behalf of startups that participate in a novel type of small venture capital ("VC") fund known as a mentor-driven investment accelerator ("MDIA"). A MDIA organizes a pool of seasoned individuals - called "mentors" - to help new companies. An obvious organizational strategy would be to contract with mentors. Mentors instead voluntarily assist. Legal studies of norm-based exchanges do not explain what this Article calls the "mentorship conundrum" - i.e., the puzzling motivation of a mentor to volunteer within otherwise for-profit environments. This Article is the first to bridge the insights of generalized exchange theory ...


Time To Act: Correcting The Inadequacy Of Youth Concussion Legislation Through A Federal Act, Lance K. Spaude Jan 2017

Time To Act: Correcting The Inadequacy Of Youth Concussion Legislation Through A Federal Act, Lance K. Spaude

Marquette Law Review

Concussions in sports are inevitable. Although an increased focus on concussions in youth sports has improved understandings, the prevalence of concussions in youth sports, the health and safety dangers they pose, and the legal liability they create are still relative unknowns. Despite remaining unknowns, a greater understanding of the long-term effects of concussions and the increased dangers in head impacts in youth athletics in recent years has resulted in lawsuits against the youth coaches, schools, and state athletic associations for athlete injuries suffered as a result of repetitive head trauma and concussions.

This Comment focuses on the need for federal ...


Table Of Contents Jan 2017

Table Of Contents

Marquette Law Review

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12 Angry Men V. The Agency: Why Preemption Should Resolve This Conflict In Drug Labeling Litigation, Michelle L. Richards Jan 2017

12 Angry Men V. The Agency: Why Preemption Should Resolve This Conflict In Drug Labeling Litigation, Michelle L. Richards

Marquette Law Review

The Supreme Court has found in favor of preemption in tort liability cases involving matters of heavy federal regulation in which Congress has delegated implementation of a statute involving technical subject matter to the agency. It has not been the case, however, in matters concerning the labeling of prescription drugs, despite the fact that the FDA has exclusively regulated drug labeling for more than a century. In fact, the current state of affairs now allows a jury to substitute the judgment of the FDA in approving a label on a name-brand drug for their own in state law failure to ...


Collision Course: State Community Property Laws And Termination Rights Under The Federal Copyright Act--Who Should Have The Right Of Way?, Loren E. Mulraine Jan 2017

Collision Course: State Community Property Laws And Termination Rights Under The Federal Copyright Act--Who Should Have The Right Of Way?, Loren E. Mulraine

Marquette Law Review

The purpose of this paper is to provide an overview of recapture rights under copyright law, as well as a primer on the difference between common law and community property law as it relates to property rights in a divorce proceeding. The paper will utilize as a case study the dispute between William "Smokey" Robinson and his former spouse, Claudette Robinson, and provide a statutory solution for future disputes where federal copyright law and state community property laws collide at the intersection of copyright terminations. Specifically, should these newly recaptured rights be treated as a new estate and thus not ...


Postmodern Free Expression: A Philosophical Rationale For The Digital Age, Stephen M. Feldman Jan 2017

Postmodern Free Expression: A Philosophical Rationale For The Digital Age, Stephen M. Feldman

Marquette Law Review

Three philosophical rationales--search-for-truth, self-governance, and self-fulfillment--have animated discussions of free expression for decades. Each rationale emerged and attained prominence in American jurisprudence in specific political and cultural circumstances. Moreover, each rationale shares a foundational commitment to the classical liberal (modernist) self. But the three traditional rationales are incompatible with our digital age. IN particular, the idea of the classical liberal self enjoying maximum liberty in a private sphere does not fit in the postmodern information society. The time for a new rationale has arrived. The same sociocultural conditions that undermine the traditional rationales suggest a self-emergence rationale built on the ...


Man Up Or Go Home: Exploring Perceptions Of Women In Leadership, Abigail Perdue Jan 2017

Man Up Or Go Home: Exploring Perceptions Of Women In Leadership, Abigail Perdue

Marquette Law Review

Throughout history, women in positions of authority have often been perceived as violating well-established gender norms. Perhaps as a result, female leadership has often been viewed as a threat to male power and privilege and thus provoked resistance. Female leaders challenge longstanding sex stereotypes and patriarchal structures, subverting the identities of androcentric institutions and the people who comprise them. In so doing, they redefine notions of what it means to be a leader as well as what it means to be a woman. Cisgender male subordinates in particular may feel that their masculinity is under assault when they are placed ...


Indigency, Secrecy, And Questions Of Quality: Minimizing The Risk Of "Bad" Mediation For Low-Income Litigants, Robert Rubinson Jan 2017

Indigency, Secrecy, And Questions Of Quality: Minimizing The Risk Of "Bad" Mediation For Low-Income Litigants, Robert Rubinson

Marquette Law Review

Mediation can be magical. In the face of seemingly insurmountable differences, it can lead to productive resolutions far beyond what litigation could ever produce. In the hands of sophisticated practitioners and in appropriate cases, it offers a means for participants to engage in self-determination and more flexible conflict resolution. In light of how well mediation can work, it has experienced explosive growth in all areas of conflict, and in both private and court-connected contexts. There is, nevertheless, a risk that mediators can be unskilled or, worse, affirmatively damaging. The risk is endemic to all mediation but play out in particularly ...


Volume 100, Summer 2017 Masthead Jan 2017

Volume 100, Summer 2017 Masthead

Marquette Law Review

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Wisconsin Law In The Age Of Individualism, Joseph A. Ranney Jan 2017

Wisconsin Law In The Age Of Individualism, Joseph A. Ranney

Marquette Law Review

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God And State Preambles, Peter J. Smith, Robert W. Tuttle Jan 2017

God And State Preambles, Peter J. Smith, Robert W. Tuttle

Marquette Law Review

Those who question the permissibility of official acknowledgements of God might be surprised to learn that the preambles of forty-five of the fifty state constitutions expressly invoke God. The practice is common in both liberal and conservative states and is equally prevalent in all regions of the country. Virtually all of those preambles give thanks to God, and many also seek God's blessing n the state's endeavors. Yet there has been no detailed assessment of the preambles' history or significance. This paper seeks to remedy that gap.

The preambles complicate the claim that official acknowledgements of God are ...


Volume 100, Spring 2017 Masthead Jan 2017

Volume 100, Spring 2017 Masthead

Marquette Law Review

None


Table Of Contents Jan 2017

Table Of Contents

Marquette Law Review

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