Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 17 of 17
Full-Text Articles in Law
Book Review: Legal Writing Advice: Questions And Answers, Lisa Mazzie Hatlen
Book Review: Legal Writing Advice: Questions And Answers, Lisa Mazzie Hatlen
Faculty Publications
No abstract provided.
Defining Judicial Inactivism: Models Of Adjudication And The Duty To Decide, Chad M. Oldfather
Defining Judicial Inactivism: Models Of Adjudication And The Duty To Decide, Chad M. Oldfather
Faculty Publications
Debates over the proper function of courts tend to focus on delineating the outer limits of judicial authority. One of the primary concerns in these debates is the phenomenon often described as judicial activism. Although there is no fixed notion of precisely what constitutes judicial activism, the core idea is a concern about judges overstepping the bounds of their role, and somehow or other doing more than is proper.
What might be characterized as judicial inactivism, in contrast, has generally been overlooked. This is somewhat curious. Underlying concern about judicial inactivism is a recognition of the possibility that judges might …
Jefferson And Juries: The Problem Of Law, Reason, And Politics In The New Republic, Daniel D. Blinka
Jefferson And Juries: The Problem Of Law, Reason, And Politics In The New Republic, Daniel D. Blinka
Faculty Publications
No abstract provided.
A Prudential Theory Of Judicial Candor, Scott C. Idleman
A Prudential Theory Of Judicial Candor, Scott C. Idleman
Faculty Publications
No abstract provided.
Are Municipalities Liable For Damages And Attorney's Fees For Wrongfully Denying A Permit For A Wireless Service Facility?, Ralph C. Anzivino
Are Municipalities Liable For Damages And Attorney's Fees For Wrongfully Denying A Permit For A Wireless Service Facility?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
When Spies Come In From The Cold, Are They Entitled To Their Day In Federal Court?, Jay E. Grenig
When Spies Come In From The Cold, Are They Entitled To Their Day In Federal Court?, Jay E. Grenig
Faculty Publications
No abstract provided.
What Limitation Period Applies To Retaliatory Discharge Actions Under The Federal False Claims Act?, Jay E. Grenig
What Limitation Period Applies To Retaliatory Discharge Actions Under The Federal False Claims Act?, Jay E. Grenig
Faculty Publications
No abstract provided.
Is There A Due Process Protected Right To Police Enforcement Of A Domestic Abuse Restraining Order?, Jay E. Grenig
Is There A Due Process Protected Right To Police Enforcement Of A Domestic Abuse Restraining Order?, Jay E. Grenig
Faculty Publications
No abstract provided.
Does An Individual Lacking Contractual Privity Have Standing Under § 1981 To Bring A Claim For Racial Discrimination?, Ralph C. Anzivino
Does An Individual Lacking Contractual Privity Have Standing Under § 1981 To Bring A Claim For Racial Discrimination?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
At The Crossroads Of Title Ix And A New "Idea": Why Bullying Need Not Be "A Normal Part Of Growing Up" For Special Education Children, Paul M. Secunda
At The Crossroads Of Title Ix And A New "Idea": Why Bullying Need Not Be "A Normal Part Of Growing Up" For Special Education Children, Paul M. Secunda
Faculty Publications
In 21st century America, bullying of children by other children at school continues at epidemic levels. Organizations as diverse as the Department of Health and Human Services (through the National Institutes of Health and Health Resources and Services Administration (HRSA)), the National Crime Prevention Council, the National Youth Violence Prevention Resource Center, and the National Education Association, have all targeted school bullying and its consequences in various initiatives and campaigns over the last several years. These organizations argue that if schools and parents do not properly intervene to prevent bullying, the long-term ramifications for both the bully and the bullied …
Trademark Assignment “With Goodwill”: A Concept Whose Time Has Gone, Irene Calboli
Trademark Assignment “With Goodwill”: A Concept Whose Time Has Gone, Irene Calboli
Faculty Publications
Historically, starting from the premise that trademark protection is about consumer welfare, trademark law has required trademarks to be assigned with the goodwill of the business to which they refer, to deter assignees from changing the quality of the marked products. Yet, ever since its adoption, this rule has been hard to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legislative context: trademark goodwill. Additionally, regardless of this rule, trading in trademarks has been a recurrent practice in the business world, and trademark practices have traditionally provided instruments to assist this trade. …
Team Physicians As Co-Employees: A Prescription That Deprives Professional Athletes Of An Adequate Remedy For Sports Medicine Malpractice, Matthew J. Mitten
Team Physicians As Co-Employees: A Prescription That Deprives Professional Athletes Of An Adequate Remedy For Sports Medicine Malpractice, Matthew J. Mitten
Faculty Publications
No abstract provided.
A Public Interest Model For Applying Lost Chance Theory To Probabilistic Injuries In Employment Discrimination Cases, Paul M. Secunda
A Public Interest Model For Applying Lost Chance Theory To Probabilistic Injuries In Employment Discrimination Cases, Paul M. Secunda
Faculty Publications
This article assesses Judge Posner's opinion in Doll v. Brown, suggesting that lost chance theory be applied to probabilistic injuries in competitive hiring and promotion cases involving employment discrimination. I agree with Judge Posner that the lost chance remedial approach, derived from medical malpractice law, has a proper role to play in determining just and equitable remedies in this employment discrimination context. But I argue for a public interest model to appropriately take into account the public interest emphasis of employment discrimination law. I argue that courts should utilize a modified version of lost chance theory to award punitive-like equitable …
Lawrence's Quintessential Millian Moment And Its Impact On The Doctrine Of Unconstitutional Conditions, Paul M. Secunda
Lawrence's Quintessential Millian Moment And Its Impact On The Doctrine Of Unconstitutional Conditions, Paul M. Secunda
Faculty Publications
No abstract provided.
The Myth Of Uniformity, Michael M. O'Hear
Sports Law In The State Of Wisconsin, Paul M. Anderson
Sports Law In The State Of Wisconsin, Paul M. Anderson
Faculty Publications
No abstract provided.
What Is The Scope Of The Federal Tort Claims Act's Wavier Of Sovereign Immunity?, Ralph Anzivino
What Is The Scope Of The Federal Tort Claims Act's Wavier Of Sovereign Immunity?, Ralph Anzivino
Faculty Publications
No abstract provided.