Law Commons^™

Can An Eeoc Intake Questionnaire Constitute A Charge Of Discrimination Under The Age Discrimination In Employment Act?, Paul M. Secunda, Mccann Lefeve

Faculty Publications

No abstract provided.

Book Review: Judge For Yourself: Clarity, Choice, And Action In Your Legal Career, Rebecca K. Blemberg

Faculty Publications

No abstract provided.

Ethical Firewalls, Limited Admissibility, And Rule 703, Daniel D. Blinka

Faculty Publications

No abstract provided.

Judges As Humans: Interdisciplinary Research And The Problems Of Institutional Design, Chad M. Oldfather

Faculty Publications

The article takes up the question of how best to put the increasing amount of interdisciplinary scholarship on courts and judges to work in service of institutional design and reform. The analysis focuses on the analysis from a recent book, Judges and Their Audiences: A Perspective on Judicial Behavior, by Lawrence Baum. The book provides an appropriate vehicle for this analysis because of what might be called its multi-interdisciplinarity. In it, Baum, a political scientist, draws on social psychology to critique political science models of judicial behavior.

I argue that analyses such as Baum's are important not only for their …

The Second Chance Act And The Future Of Reentry Reform, Michael M. O'Hear

Faculty Publications

No abstract provided.

The Sunset Of “Quality Control” In Modern Trademark Licensing, Irene Calboli

Faculty Publications

Historically, based on the premise that trademark protection is about consumer welfare, trademark law has allowed trademark licensing only as long as licensors control the quality of the products bearing the licensed marks. Ever since its adoption, however, this rule has been difficult to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legal context: quality control. Unsurprisingly, the consequence has been inconsistent case law and much uncertainty as to what represents valid licensing. In addition, in the past decades, courts have proven increasingly reticent to strictly apply this rule and have declared …

The Impact Of Popular Culture On American Perceptions Of The Courts, David Ray Papke

Faculty Publications

After a brief introduction defining popular culture as the commodities and experiences produced by the culture industry for mass audiences, this essay explores the impact of court-related popular culture on what Americans think of and expect from their courts. The Perry Mason effect from an earlier era and the CSI effect from the present are noted, as is scholarly work by Michael Asimow, Philip T. Dunwoody, Kimberlianne Podlas, Victoria S. Salzmann, and others. The essay concludes with suggestions for what might be done in the courthouse, the community, and the family room to control the impact of court-related popular culture …

Director Compliance With Elusive Fiduciary Duties In A Climate Of Corporate Governance Reform, Nadelle Grossman

Faculty Publications

Corporate governance has become a hot topic following accounting scandals at Enron, WorldCom and others, which led to colossal corporate collapses. In many of those cases, the boards were 'asleep at the wheel,' failing to catch managements’ questionable accounting practices. The Sarbanes-Oxley Act of 2002 was the federal government’s attempt at fixing the holes in the corporate governance system exposed by the accounting scandals. Through a patchwork of disclosure requirements and conduct rules, Congress and the Securities and Exchange Commission have attempted to bring about an increase in board oversight of, and independence from, management. The stock exchanges have also …

Long Term Care In The Political Balance, Alison Barnes

Faculty Publications

This article is a compilation of various observations from presenters at the Marquette University Law School's 2007 Health and Elder Law Symposium. The comments by the author connect the observations from the presenters at the Symposium with viewpoints from the various articles in the Marquette Elder's Advisor Volume 9, Article 1. The comments begin by discussing the Deficit Reduction Act of 2005 and its history of limiting Medicaid eligibility for elderly individuals who are disabled but are not destitute. The comments also discuss Medicaid planning, cost-of-living adjustments, and long term care insurance. The comments conclude by stating that the status …

Rule And Exception In Criminal Law (Or, Are Criminal Defenses Necessary?), Janine Young Kim

Faculty Publications

No abstract provided.

The Solomon Amendment, Expressive Associations, And Public Employment, Paul M. Secunda

Faculty Publications

Employment law commentators have paid insufficient attention to the Solomon Amendment case of Rumsfeld v. Forum for Academic & Institu¬tional Rights, Inc. (FAIR) and its discussion of the right to expressive association under the First Amendment. By failing to methodically analyze whether all law school constituents of the FAIR organization constitute expressive associations, the Court erroneously implied that both public and private law school members of FAIR may be expressive associations. This state of affairs will eventually be rectified given the strong constitutional structural arguments in opposition to such an interpretation. But such a modification should be accompanied by a …

May Nonlawyer Parents Litigate Idea Cases In Federal Court On Behalf Of Their Children?, Jay E. Grenig

Faculty Publications

No abstract provided.

Are Regulations Exempting Certain Home Health Care Attendants From Wage And Hour Laws Enforceable?, Jay E. Grenig

Faculty Publications

No abstract provided.

When Does The Individuals With Disabilities Education Act Permit Tuition Reimbursement?, Jay E. Grenig

Faculty Publications

No abstract provided.

To What Extent Can A State Consider Federal Impact Aid When Distributing State Educational Aid?, Jay E. Grenig

Faculty Publications

No abstract provided.

May The Parties To An Arbitration Agreement Agree That A Court May Modify The Award Because Of Legal Or Factual Error?, Jay E. Grenig

Faculty Publications

No abstract provided.

Imagining The Law-Trained Reader: The Faulty Description Of The Audience In Legal Writing Textbooks, Jessica E. Slavin

Faculty Publications

In law schools today, first-year legal writing courses play a crucial role in helping students learn to communicate about the law. Many legal writing teachers approach legal writing education in a practical way, attempting to pass on their own experiences in law practice settings to students. Unfortunately, as other writers have observed, such reliance on personal knowledge about what lawyers are like may lead legal writing teachers to oversimplify a complicated matter - the needs and preferences of the audience for legal writing - and may even amount to indoctrination in stereotypes about law practice.

This article offers a closer …

A Localist's Case For Decentralizing Immigration Policy, Matthew Parlow

Faculty Publications

In the past year, local governments have made a foray into the hotly debated arena of immigration law and policy by adopting laws to address illegal immigration in their respective jurisdictions. Courts have struck down many of these laws on the grounds that they are preempted pursuant to a traditional view of federalism. From a localist perspective, however, this is troubling for two reasons. First, traditional federalism fails to recognize local control and autonomy by insisting on treating local governments as mere arms of the state. Instead of the traditional two-tier, federal-state federalism model, localists favor a more modern view …

Response, What’S Good About Trials?, Michael M. O'Hear

Faculty Publications

This response questions whether trial distortion represents a significant problem. Professor O'Hear believes our main focus should be on “mak[ing] plea bargaining processes look more like trial processes.” According to Professor O'Hear, “The trick is to find ways of injecting the values of voice, neutrality, and respect into the plea bargaining process without robbing plea bargaining of its efficiency advantages over the trial process.”

12 Angry Men Is Not An Archetype: Reflections On The Jury In Contemporary Popular Culture, David Ray Papke

Faculty Publications

Fifty years after its initial release, 12 Angry Men (1957) remains an important cinematic and political work. But alas, 12 Angry Men is fundamentally atypical as a pop cultural portrayal of the jury. In the standard portrayal individual jurors do not come alive as characters. They are seen in the courtroom rather than in the deliberation room. And, most importantly, the jury does not emerge as a symbol for the larger democratic process and concomitant rule of law. Assuming that popular culture indirectly indicates the public's attitudes and expectations, the flat, uninspiring portrayal of juries in contemporary American popular culture …

The Underlying Causes Of Divergent First Amendment Interpretations, Scott C. Idleman

Faculty Publications

No abstract provided.