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Marquette University Law School

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Articles 1 - 30 of 6006

Full-Text Articles in Law

Towards A Series Of Academic Norms For #Lawprof Twitter, Carissa Byrne Hessick Jun 2018

Towards A Series Of Academic Norms For #Lawprof Twitter, Carissa Byrne Hessick

Marquette Law Review

None


Institutional Pluralism And The (Hoped-For) Effects Of Candor And Integrity In Legal Scholarship, Paul Horwitz Jun 2018

Institutional Pluralism And The (Hoped-For) Effects Of Candor And Integrity In Legal Scholarship, Paul Horwitz

Marquette Law Review

None


The Scholar's Dilemma, Chad Oldfather Jun 2018

The Scholar's Dilemma, Chad Oldfather

Marquette Law Review

None


The Ethics Of Normative Legal Scholarship, Robin West Jun 2018

The Ethics Of Normative Legal Scholarship, Robin West

Marquette Law Review

None


A Thought Experiment About The Academic "Billable" Hour Or Law Professors' Work Habits, Eli Wald Jun 2018

A Thought Experiment About The Academic "Billable" Hour Or Law Professors' Work Habits, Eli Wald

Marquette Law Review

None


Law "Reviews"? The Changing Roles Of Law Schools And The Publications They Sponser, Leslie Francis Jun 2018

Law "Reviews"? The Changing Roles Of Law Schools And The Publications They Sponser, Leslie Francis

Marquette Law Review

None


Legal Scholars' Ethical Responsibilities Concerning Neutrality And Objectivity, Candor And Exhaustiveness, Neil Hamilton Jun 2018

Legal Scholars' Ethical Responsibilities Concerning Neutrality And Objectivity, Candor And Exhaustiveness, Neil Hamilton

Marquette Law Review

None


The Truth Of The Matter: Why The Social Contract Dictates Legal Scholars' Sincerity, Candor, & Thoroughness, Nicola A. Boothe-Perry Jun 2018

The Truth Of The Matter: Why The Social Contract Dictates Legal Scholars' Sincerity, Candor, & Thoroughness, Nicola A. Boothe-Perry

Marquette Law Review

None


The Ethics Of Baiting And Switching In Law Review Submissions, Ryan Scoville Jun 2018

The Ethics Of Baiting And Switching In Law Review Submissions, Ryan Scoville

Marquette Law Review

None


Conference On The Ethics Of Legal Scholarship Jun 2018

Conference On The Ethics Of Legal Scholarship

Marquette Law Review

None


Trapped In Tragedies: Childhood Trauma, Spatial Inequality, And Law, David Dante Troutt Mar 2018

Trapped In Tragedies: Childhood Trauma, Spatial Inequality, And Law, David Dante Troutt

Marquette Law Review

Each year, psychological trauma arising from community and domestic violence, abuse, and neglect brings profound psychological, physiological, and academic harm to millions of American children, disproportionately poor children of color. This Article represents the first comprehensive legal analysis of the causes of and remedies for a crisis that can have lifelong and epigenetic consequences. Using civil rights and local government law, this Article argues that children’s reactions to complex trauma represent the natural symptomatology of severe structural inequality—legally sanctioned environments of isolated, segregated poverty. The sources of psychological trauma may be largely environmental, but the traumatic environments themselves ...


Getting It Righted: Access To Counsel In Rapid Removals, Stephen Manning, Kari Hong Mar 2018

Getting It Righted: Access To Counsel In Rapid Removals, Stephen Manning, Kari Hong

Marquette Law Review

None


The Light Of Nature: John Locke, Natural Rights, And The Origins Of American Religious Liberty, Steven J. Heyman Mar 2018

The Light Of Nature: John Locke, Natural Rights, And The Origins Of American Religious Liberty, Steven J. Heyman

Marquette Law Review

This Article explores John Locke’s theory of religious liberty, which deeply influenced the adoption of the First Amendment and the first state bills of rights. Locke sharply criticized the religious and political order of Restoration England—a regime in which the king claimed to hold absolute power by divine right and in which individuals were required by law to conform to the established church.

In opposition to this regime, Locke developed a powerful theory of human beings as rational creatures who were entitled to think for themselves, to direct their own actions, and to pursue their own happiness within ...


Bringing The Science Of Policing To Liability For Third-Party Crime At Shopping Malls, Aaron D. Twerski, Jon M. Shane Mar 2018

Bringing The Science Of Policing To Liability For Third-Party Crime At Shopping Malls, Aaron D. Twerski, Jon M. Shane

Marquette Law Review

Unlike state and municipal police forces that can generally not be sued by victims of crime on the grounds that they provided inadequate policing, shopping malls are regularly the targets by crime victims in tort actions for failing to provide adequate security. Courts have struggled with the question of how to set the standard for reasonable policing. Most courts place heavy emphasis on the foreseeability by the mall management of the likelihood of criminal activity to take place on the grounds of the mall. In doing so, they rely on the testimony of security experts who intuit as to the ...


International Human Rights Law: An Unexpected Threat To Peace, Ingrid Wuerth Mar 2018

International Human Rights Law: An Unexpected Threat To Peace, Ingrid Wuerth

Marquette Law Review

None


Sharing Is Caring: Regulating Rather Than Prohibiting Home Sharing In Wisconsin, Apallonia C. Wilhelm Mar 2018

Sharing Is Caring: Regulating Rather Than Prohibiting Home Sharing In Wisconsin, Apallonia C. Wilhelm

Marquette Law Review

None


Polishing Up Wisconsin's Fiduciary Duties In Llc Law To Attract New Suitors, Collin D. Brunk Mar 2018

Polishing Up Wisconsin's Fiduciary Duties In Llc Law To Attract New Suitors, Collin D. Brunk

Marquette Law Review

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Stronger Than The Storm: Disaster Law In A Defiant Age, Alexander Lemann Jan 2018

Stronger Than The Storm: Disaster Law In A Defiant Age, Alexander Lemann

Faculty Publications

This paper seeks to offer a new way of understanding the impulse to rebuild in the wake of disasters. This is a major problem. One recent study estimated that three feet of sea level rise—expected in consensus estimates by 2100—would displace about 4.2 million Americans, and yet our current legal mechanisms for encouraging retreat from flood-prone areas have not been particularly successful. In the wake of Hurricane Katrina, a panel of urban planning experts notoriously called for the abandonment of several particularly hard-hit neighborhoods, sparking a political firestorm that put all talk of retreat off the table ...


Personhood Under The Fourteenth Amendment, Vincent J. Samar Dec 2017

Personhood Under The Fourteenth Amendment, Vincent J. Samar

Marquette Law Review

This Article examines recent claims that the fetus be afforded the status of a person under the Fourteenth Amendment. It shows that such claims do not carry the necessary objectivity to operate reasonably in a pluralistic society. It then goes on to afford what a better view of personhood that could so operate might actually look like. Along the way, this Article takes seriously the real deep concerns many have for the sanctity of human life. By the end, it attempts to find a balance for those concerns with the view of personhood offered that should engage current debates about ...


Current Navigation Points In Drug Diversion Law: Hidden Rocks In Shallow, Murky, Drug-Infested Waters, John J. Mulrooney Ii, Katherine E. Legel Dec 2017

Current Navigation Points In Drug Diversion Law: Hidden Rocks In Shallow, Murky, Drug-Infested Waters, John J. Mulrooney Ii, Katherine E. Legel

Marquette Law Review

None


Morality And Securities Fraud, Jayme Herschkopf Dec 2017

Morality And Securities Fraud, Jayme Herschkopf

Marquette Law Review

Securities fraud features prominently in conversations about financial reform, and for good reason. In addition to the disproportionate number of securities fraud lawsuits and government actions filed every year, securities fraud case law is frequently consulted as an analytical aid for other types of corporate fraud. And yet, in discussing the interpretation and application of the securities laws, scholars, judges, and lawmakers alike have largely overlooked a feature of securities fraud that could offer significant assistance in many challenging areas: namely, that securities fraud, including civil securities fraud, has a pronounced moral dimension.

This Article explores the role that moral ...


A Consumer Protection Rationale For Regulation Of Tax Return Preparers, Pippa Browde Dec 2017

A Consumer Protection Rationale For Regulation Of Tax Return Preparers, Pippa Browde

Marquette Law Review

Of the 150 million tax returns filed each year, approximately fifty-six percent are prepared with the help of a paid preparer. Although state-licensed lawyers and certified public accountants may prepare tax returns for clients, the vast majority of paid tax return preparers are completely unregulated. For low-income taxpayers who are eligible for refundable tax credits, these unregulated tax return preparers do more than just fill out tax returns. Return preparers who serve low-income taxpayers often also market consumer credit products, such as refund anticipation loans or checks.

Government agencies and consumer advocates have documented widespread problems with the tax return ...


Codify This: Exculpatory Contracts In Wisconsin Recreational Businesses, Blake A. Nold Dec 2017

Codify This: Exculpatory Contracts In Wisconsin Recreational Businesses, Blake A. Nold

Marquette Law Review

It is common practice for recreational businesses, such as ski resorts or fitness centers, to require their customers to sign a release of liability form. The purpose of this release form is to relieve the business from any potential liability in the event a customer suffers an injury. However, since 1982, the Wisconsin Supreme Court has yet to uphold an exculpatory contract. Rather than attempting to lay out principles and guidelines for how to draft an exculpatory agreement—in hopes that it will be ruled enforceable—this Comment proposes that Wisconsin recreational businesses, like ski resorts or gyms, should not ...


Table Of Contents Oct 2017

Table Of Contents

Marquette Benefits and Social Welfare Law Review

No abstract provided.


Activation Measures In Social Security: Lessons From The Dutch Case Oct 2017

Activation Measures In Social Security: Lessons From The Dutch Case

Marquette Benefits and Social Welfare Law Review

Dutch social security has undergone important changes since the 1990s, in that the focus shifted from predominantly compensating the loss of income into giving incentives for claimants and benefits recipients to stay in or get back to work. While still providing a relatively high level of benefit if there is no chance to work (to the full extent), the legislature has been quite creative in adopting conditions that stimulate persons to do their best to be in work. For this purpose, this is interesting for an American audience, since the USA system is far less generous out of fear that ...


An Intersectional Approach To Homelessness: Discrimination And Criminalization Oct 2017

An Intersectional Approach To Homelessness: Discrimination And Criminalization

Marquette Benefits and Social Welfare Law Review

The purpose of this essay is to address discrimination against homeless people. First of all, the theory of intersectionality will be explained and then applied as a method of analysis. The complexity of defining homelessness will be tackled, focusing on the difficulties encountered when approaching this concept. I will discuss notions of protected ground and immutability of personal characteristics, then outline an intersectional approach to homelessness. Intersectional discrimination has not yet been applied by many courts and tribunals, but Canada has proven to be a vanguard in this area. For this reason, Canadian case law has been chosen as the ...


The Prosecution Of Climate Change Dissent Oct 2017

The Prosecution Of Climate Change Dissent

Marquette Benefits and Social Welfare Law Review

A May 2015 op-ed in the Washington Post by Sen. Sheldon Whitehouse (D. RI) accused the fossil fuel industry of funding a campaign to mislead Americans about the environmental harm caused by carbon pollution. The Attorney Generals of New York and Massachusetts began investigating Exxon Mobil. We look at these two investigations through the lenses of the federal mail and wire fraud statutes (at issue in the racketeering case against big tobacco), and the First Amendment.

We analyze the difficulty of prosecuting someone under the federal mail and wire fraud statutes for expressing an opinion, and discuss why scientific statements ...


Comment: The Flint Water Crisis: A National Warning Of Failing Infrastructure Oct 2017

Comment: The Flint Water Crisis: A National Warning Of Failing Infrastructure

Marquette Benefits and Social Welfare Law Review

I look at the Flint, Michigan Water Crisis from a combined perspective that broadens the scope of one of the worst manmade environmental disasters in the history of the United States. The goal of this examination is to bring attention to preventable environmental catastrophes, and put a spotlight on the policies and governing philosophies, which aggregated into neglect to the health of the people of Flint. I briefly analyze Michigan’s emergency manager law’s role in fostering the poor oversight that allowed the crisis to spiral out of control. I then pivot to the nation’s water infrastructure and ...


Success, Merit, And Capital In America, Eli Wald Sep 2017

Success, Merit, And Capital In America, Eli Wald

Marquette Law Review

None


Pluralism Applied: A Concordant Approach To Selecting Contract Rules, Samuel F. Ernst Sep 2017

Pluralism Applied: A Concordant Approach To Selecting Contract Rules, Samuel F. Ernst

Marquette Law Review

Contract rules can be justified by utilitarian theories (such as efficiency theory), which are concerned with promoting rules that enhance societal wealth and utility. Contract rules can also be justified by rights-based theories (such as promissory and reliance theories), which are concerned with protecting the contractual freedom and interests ofthe individual parties to the contract. Or, contract rules can be analyzed through the lenses of a host of other theories, including critical legal theory, bargain theory, and so on. Because no single, unitary theory can ever explain the complex body of laws and societal conventions surrounding contracts, the best rule ...