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Marquette University Law School

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Articles 1 - 30 of 6040

Full-Text Articles in Law

Ad Hoc Diplomats, Ryan M. Scoville Jan 2019

Ad Hoc Diplomats, Ryan M. Scoville

Faculty Publications

Article II of the Constitution grants the president power to appoint “Ambassadors” and “other public Ministers” with the advice and consent of the Senate. By all accounts, this language requires Senate confirmation for the appointment of resident ambassadors and other diplomats of similar rank and tenure. Yet these are hardly the only agents of U.S. foreign relations. Ad hoc diplomats—individuals chosen exclusively by the president to complete limited and temporary assignments—play a comparably significant role in addressing international crises, negotiating treaties, and otherwise executing foreign policy.

This Article critically examines the appointments process for such irregular agents ...


Table Of Contents Sep 2018

Table Of Contents

Marquette Law Review

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Cooperation And Turnover In Law Faculties: A Game-Theoretic Model And An Empirical Study Sep 2018

Cooperation And Turnover In Law Faculties: A Game-Theoretic Model And An Empirical Study

Marquette Law Review

A standard account of group cooperation would predict that group stability would bring about greater cooperation because repeat-play games would allow for sanctions and rewards. In an academic unit such as a department or a law faculty, one might thus expect that faculty stability would bring about greater cooperation. However, academic units are not like most other groups. Tenured professors face only limited sanctions for failing to cooperate, for engaging in unproductive conflict, or for shirking. This article argues counter-intuitively that within limits, some level of faculty turnover may enhance cooperation. Certainly, excessive and persistent loss of faculty is demoralizing ...


The Plot To Overthrow Genocide: State Laws Mandating Education About The Foulest Crime Of All Sep 2018

The Plot To Overthrow Genocide: State Laws Mandating Education About The Foulest Crime Of All

Marquette Law Review

This Article shines a light on a little noticed phenomenon in American law: the promulgation of ten state statutes and one state regulation, each requiring education about genocide in elementary and/or secondary schools. The mandates, adopted from 1989 through 2018, appear to be only the beginning inasmuch as in 2017 another nineteen states publicly pledged to pass such mandates as well.

The Article describes each of the existing mandates and compares them to each other, including an analysis of the laws’ respective strong and weak points. This exposition, of interest in itself, also sets the stage for proposals to ...


Revisiting Belligerent Reprisals In The Age Of Cyber? Sep 2018

Revisiting Belligerent Reprisals In The Age Of Cyber?

Marquette Law Review

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How Shell Entities And Lack Of Ownership Transparency Facilitate Tax Evasion And Modern Policy Responses To These Problems Sep 2018

How Shell Entities And Lack Of Ownership Transparency Facilitate Tax Evasion And Modern Policy Responses To These Problems

Marquette Law Review

The purpose of this article is to review the use and application of shell entities, as they facilitate tax evasion, impede investigations, and harm society. This article details the types and characteristics of shell entities, reviews actual cases to exhibit how shells are abused, outlines reasons shells disguise beneficial ownership, and analyzes steps taken by countries and organizations to thwart the abuse of shell entities. Many types of shell entities are used by tax evaders and are often layered in an intricate network which conceals the identity of beneficial owners. Nominees and bearer shares are used in tandem with shell ...


Supreme Verbosity: The Roberts Court's Expanding Legacy Sep 2018

Supreme Verbosity: The Roberts Court's Expanding Legacy

Marquette Law Review

The link between courts and the public is the written word. With rare exceptions, it is through judicial opinions that courts communicate with litigants, lawyers, other courts, and the community. Whatever the court’s statutory and constitutional status, the written word, in the end, is the source and the measure of the court’s authority.

It is therefore not enough that a decision be correct—it must also be fair and reasonable and readily understood. The burden of the judicial opinion is to explain and to persuade and to satisfy the world that the decision is principled and sound. What ...


... Because "Yes" Actually Means "No": A Personalized Prescriptive To Reactualize Informed Consent In Dispute Resolution Sep 2018

... Because "Yes" Actually Means "No": A Personalized Prescriptive To Reactualize Informed Consent In Dispute Resolution

Marquette Law Review

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Collateral Consequences And Criminal Justice: Future Policy And Constitutional Directions Sep 2018

Collateral Consequences And Criminal Justice: Future Policy And Constitutional Directions

Marquette Law Review

National policy with respect to collateral consequences is receiving more attention than it has in decades. This article outlines and explains some of the reasons for the new focus. The legal system is beginning to recognize that for many people convicted of crime, the greatest effect is not imprisonment, but being marked as a criminal and subjected to legal disabilities. Consequences can include loss of civil rights, loss of public benefits, and ineligibility for employment, licenses, and permits. The United States, the 50 states, and their agencies and subdivisions impose collateral consequences—often applicable for life—based on convictions from ...


Murr And Wisconsin: The Badger State's Take On Regulatory Takings Sep 2018

Murr And Wisconsin: The Badger State's Take On Regulatory Takings

Marquette Law Review

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Masthead Sep 2018

Masthead

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

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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

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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

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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

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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

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Conference On The Ethics Of Legal Scholarship Jun 2018

Conference On The Ethics Of Legal Scholarship

Marquette Law Review

None


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

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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

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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 ...


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

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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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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 ...


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

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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 ...


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 ...


Table Of Contents Jan 2018

Table Of Contents

Marquette Sports Law Review

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