Law Commons^™

Emerging From Davy Jones’ Locker: The Revival Of Counterclaims Against Government In Civil Forfeiture Actions, Jack B. Harrison, Brendan Sullivan

Marquette Law Review

The thesis of this Article is that a claimant in a civil forfeiture proceeding can assert a counterclaim against the United States government. This assertion is based upon the scope of the Supplemental Rules and in rem jurisdiction.

Tfue V. Faze Clan And Newly Created Players Associations: What Has Happened And How Will It Impact The Future Of Esports?, Chase Cripe

Marquette Sports Law Review

No abstract provided.

If The Law Can Allow Takebacks, Shouldn't It Also Allow Hackbacks?, Adam Rodrigues

Marquette Intellectual Property Law Review

None.

What Is The Trade-Off: Are New Trade Deals Worth The Changes To Pharmaceutical Patents?, Kaitlyn Carter

Marquette Intellectual Property Law Review

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Artificial Intelligence, Copyright, And Copyright Infringement, Zach Naqvi

Marquette Intellectual Property Law Review

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Balancing Mickey Mouse And The Mutant Copyright: To Copyright A Trademark Or To Trademark A Copyright, That Is The Question, Michael A. Forella Iii

Marquette Intellectual Property Law Review

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Determining Patent Worthlesseness For Tax Purposes, Christina Sumer

Marquette Intellectual Property Law Review

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Whiskey Sour: An Ip Evaluation Of Nathan Green's Contribution To Jack Daniel's Whiskey And How That Contribution Led To An Inequitable Distribution Of Generational Wealth, Emmanuel Onochie

Marquette Intellectual Property Law Review

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Some First Amendment Implications Of The Trademark Registration Decisions, Marc Rohr

Marquette Intellectual Property Law Review

No abstract provided.

American Privacy Law At The Dawn Of A New Decade (And The Ccpa And Covid-19): Overview And Practitioner Critique, Kimberly Dempsey Booher, Martin B. Robins

Marquette Intellectual Property Law Review

No abstract provided.

Gene Patents, Drug Prices, And Scientific Research: Unexpected Effects Of Recently Proposed Patent Eligibility Legislation, Charles Duan

Marquette Intellectual Property Law Review

Recently, Congress has considered legislation to amend § 101, a section of the Patent Act that the Supreme Court has held to prohibit patenting of laws of nature, natural phenomena, and abstract ideas. This draft legislation would expand the realm of patent-eligible subject matter, overturning the Court’s precedents along the way. The draft legislation, and movement to change this doctrine of patent law, made substantial headway with a subcommittee of the Senate holding numerous roundtables and hearings on the subject.

This article considers some less-discussed consequences of that draft leg- islative proposal. The legislation likely opens the door to patenting …

Confusion, Conflict, And Case Law: Analyzing The Language Of The United States Patent Act And Conflicting Case Law Regarding The Transfer Of Patent Rights In The 21st Century, Lucas C. Logic

Marquette Intellectual Property Law Review

No abstract provided.

Tracing The Evolution Of Standards And Standard-Setting Organizations In The Ict Era, Manveen Singh

Marquette Intellectual Property Law Review

No abstract provided.

How Twenty-First Century Technology Affects Inmates' Access To Prison Law Libraries In The United States Prison System, Kelsey Brown

Marquette Benefits and Social Welfare Law Review

In today’s generation America is open 24 hours, 7 days a week. Americans live in an open-all-night society, where with one click, one can buy groceries, watch a 3D movie, bowl a perfect game, and eat pizza all at two in the morning without ever leaving his or her living room. Therefore, is not a stretch to imagine a single digital device, such as a computer or phone, that could hold thousand, if not, millions of books with topics ranging from comedy, fiction, nonfiction, business, cooking, fitness, etc. But most importantly, and one of the focuses of this Comment, are …

One For All? The Use Of Anencephalic Newborns As Organ Donors, Meaghan Mctigue

Marquette Benefits and Social Welfare Law Review

It is a late night in a Wisconsin hospital when a birthing team assembles in an operating room for the birth of a little girl. Unlike the events that surround most births, there was no baby shower, no painstaking assembly of a crib, nor a college fund set-up in preparation of the future. This newborn baby girl is an anencephalic newborn. Her entire life will be only minutes or hours long. However, her parents seek to make her impact last far longer than that with the donation of her organs and tissues. They seek to help those like a little …

The Perils Of Self-Directed Iras, Kathryn Kennedy

Marquette Benefits and Social Welfare Law Review

Individual retirement accounts were created in 1974 as tax-sheltered retirement savings for employees whose employer did not offer an employer-provided retirement vehicle. Since then, they have been used primarily as rollover vehicles, such that amounts accumulated under employer-provided retirement plans can be rolled over into an individual retirement account. This Article examines the perils involved with a rollover IRA owner decides to invest his IRA assets in non-traditional assets.

Predictive Scheduling Is Trending: Is Milwaukee Next?, Kelly J. Lyden

Marquette Benefits and Social Welfare Law Review

No abstract provided.

How Circuits Can Fix Their Splits, Wyatt G. Sassman

Marquette Law Review

The desire to avoid conflicts between the regional circuits of the federal courts of appeals, commonly known as “circuit splits,” has had an immense influence on the structure and operation of the federal appellate courts for roughly a century. Over time, the Supreme Court has been assigned responsibility for resolving these conflicts. Yet as overall federal caseloads have increased, this reliance on the Supreme Court has imposed serious and well-recognized burdens on the operation of the federal courts. For decades scholars have debated bold proposals to address these problems, such as creating a new national court dedicated to resolving conflicts …

Corporate Governance And The Omnipresent Specter Of Political Bias, Stefan J. Padfield

Marquette Law Review

Subject to important qualifications, corporate decision-makers are dutybound to maximize shareholder value. However, there is reason to believe corporate decision-makers are allowing their political biases to corrupt their decision-making. This Essay posits two related fact patterns that should concern advocates of good corporate governance. The first occurs when decision-makers expressly disavow any duty to maximize shareholder value, such as when Apple CEO, Tim Cook, told shareholders, “When we work on making our devices accessible by the blind, I don’t consider the bloody ROI [return on investment],” or when Ed Stack, the chairman and chief executive of Dick’s Sporting Goods, decided …

Property Rights In Celestial Bodies: A Question Of Pressing Concern To All Mankind, Megan Alexa Mackay

Marquette Law Review

Commercial interest in outer space is increasing, thanks in part to technological developments and private sector investment. Major spacefaring nations—including the United States, China, and Russia—are suddenly having to grapple with issues of space law that have not been so hotly debated since the Cold War. Unfortunately, the foundational document governing the use of outer space and its resources is the Outer Space Treaty from 1967. Written from the perspective of an earlier era and intentionally nonspecific in much of its phrasing, this agreement has stymied the economic development of space resources by its ambiguously worded prohibition on the appropriation …

Table Of Contents

Marquette Sports Law Review

No abstract provided.

Not A Taboo Use Of Tattoos: Why Using Unauthorized Replicas Of Professional Athlete Tattoos In Video Games Constitutes Fair Use, John R. Faulkner Iii

Marquette Sports Law Review

None

Wrongful Death: Does The Ncaa Have An Affirmative Duty To Protect Its Student-Athletes?, Rae-Anna Sollestre

Marquette Sports Law Review

None

Esports And Its Reinforcement Of Gender Divides, Kruthika N. S.

Marquette Sports Law Review

None

A Thirty-Year Retrospective Of Legal Developments Impacting College Athletics, Timothy Davis

Marquette Sports Law Review

None

Sports Law In Law Reviews And Journals, Audrey Johnson

Marquette Sports Law Review

None

Stadium Development: Special Treatment From Special Legislation, Caleb Tomaszewski

Marquette Sports Law Review

None

Three Strikes And You're Outta Here! Minor League Baseball Cities' Potential To Bring Unfair And Deceptive Trade Practice Claim In The Face Of Mlb Contraction, Michael Viverito

Marquette Sports Law Review

No abstract provided.

May They Play: Soule V. Connecticut Association Of Schools, Inc., Title Ix, And A Policy Of Inclusion For High School Transgender Athletes Without Prerequiring Hormone Therapy Or Puberty Blockers, Dylan O. Malagrino

Marquette Sports Law Review

No abstract provided.

The Only Game In Town: An Examination Of The Ncaa's Anticompetitive Conduct, Taylor Skaggs

Marquette Sports Law Review

No abstract provided.