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Articles 61 - 90 of 5827
Full-Text Articles in Law
How Santa Clara Law's "Tech Edge Jd" Program Improves The School's Admissions Yield, Diversity, & Employment Outcomes, Laura Lee Norris, Eric Goldman
How Santa Clara Law's "Tech Edge Jd" Program Improves The School's Admissions Yield, Diversity, & Employment Outcomes, Laura Lee Norris, Eric Goldman
Marquette Intellectual Property & Innovation Law Review
No abstract provided.
Questions Of Intellectual Property And Fundamental Values In The Digital Age, Jessica Silbey
Questions Of Intellectual Property And Fundamental Values In The Digital Age, Jessica Silbey
Marquette Intellectual Property & Innovation Law Review
None
Paws Off My Profile: Protecting The Persona In A Modern Digital Age, Samantha P. Mccaleb
Paws Off My Profile: Protecting The Persona In A Modern Digital Age, Samantha P. Mccaleb
Marquette Intellectual Property & Innovation Law Review
None.
Artificial Intelligence Owning Patents: A Worldwide Court Debate, Maria A. Penkwitz
Artificial Intelligence Owning Patents: A Worldwide Court Debate, Maria A. Penkwitz
Marquette Intellectual Property & Innovation Law Review
None.
"Eighteen Million Over": The National Hockey League's Long Term Injured Reserve Parity Challenge, Bernard Horowitz, Robert Luther Iii
"Eighteen Million Over": The National Hockey League's Long Term Injured Reserve Parity Challenge, Bernard Horowitz, Robert Luther Iii
Marquette Sports Law Review
No abstract provided.
Survey & Legal Analysis Of Select Global Trademark Anti-Counterfeiting Statutes & Evidence Of Prosecutions, Kari Kammel
Survey & Legal Analysis Of Select Global Trademark Anti-Counterfeiting Statutes & Evidence Of Prosecutions, Kari Kammel
Marquette Intellectual Property & Innovation Law Review
None
Amend The Lanham Act: Trademark Infringement Needs A Statute Of Limitations, Aaron E. Schindler
Amend The Lanham Act: Trademark Infringement Needs A Statute Of Limitations, Aaron E. Schindler
Marquette Intellectual Property & Innovation Law Review
None.
Systematizing Scents: The Case For Chemically Standardized Nontraditional Scent Trademarks, Jared Novitzke
Systematizing Scents: The Case For Chemically Standardized Nontraditional Scent Trademarks, Jared Novitzke
Marquette Intellectual Property & Innovation Law Review
None.
Hallows Lecture: Complexity And Contradiction In American Law, Gerard E. Lynch
Hallows Lecture: Complexity And Contradiction In American Law, Gerard E. Lynch
Marquette Law Review
None.
Illusory Policy Implications Of Behavioral Law & Economics, Terrance O'Reilly
Illusory Policy Implications Of Behavioral Law & Economics, Terrance O'Reilly
Marquette Law Review
Behavioral law and economics has achieved notable policy influence promoting soft paternalism—using nudges to encourage better choices without limiting options. Recently, some behavioral scholars have suggested that positive behavioral models actually support hard paternalism—imposing mandates. This Article challenges the insinuation that behavioral law and economics supports mandates.
Deconstructing Dog Sniffs At Traffic Stops, Andrea J. Garland
Deconstructing Dog Sniffs At Traffic Stops, Andrea J. Garland
Marquette Law Review
Trial courts often uphold searches of cars at traffic stops when the grounds for the search are that a drug dog established probable cause to think that the vehicle was involved in a drug crime. Traditionally, courts have not considered the sniffs to be searches. The United States Supreme Court has relied on two presumptions to uphold searches based on dog sniffs. These are (1) the dog is trained to only signal the presence of the scent of contraband; and (2) the dog does not physically occupy the vehicle but simply walks around the vehicle.
The First Offense Is Just A Ticket? How Culture And Lobbying Shaped Wisconsin's Drunk Driving Law, And What To Do About It, Noah Wolfenstein
The First Offense Is Just A Ticket? How Culture And Lobbying Shaped Wisconsin's Drunk Driving Law, And What To Do About It, Noah Wolfenstein
Marquette Law Review
Wisconsin is known for, and proud of, its heavy drinking culture. The Badger State also acts as a safe haven for drunk drivers, of which there are many. Most notably, Wisconsin is the only member of the fifty states which does not criminally punish first-time drunk driving offenders. If the Wisconsin legislature has any interest in the public safety of its constituents, then new drunk driving prevention measures must be implemented.
How Reputational Nondisclosure Agreements Fail (Or, In Praise Of Breach), Mark Fenster
How Reputational Nondisclosure Agreements Fail (Or, In Praise Of Breach), Mark Fenster
Marquette Law Review
Investigative reporters and the #MeToo movement exposed the widespread use of non-disclosure agreements intended to maintain confidentiality about one or both contracting parties’ embarrassing acts. These reputational NDAs (RNDAs) have been widely condemned and addressed in the past half-decade by legislators, activists, and academics. Their exposure, often via victims’ breaches, revealed a curious and distinct dilemma for the non-breaching party whose reputation is vulnerable to disclosure. In most contracts, non-breaching parties might choose to forgo enforcement because of the cost and uncertain success of litigation and the availability of other pathways to a satisfactory resolution. Parties to a RNDA, by …
Sovereign, Employer, Community: A Theory Of Military Justice Beyond Discipline, Obedience, And Efficiency, Dan Maurer
Sovereign, Employer, Community: A Theory Of Military Justice Beyond Discipline, Obedience, And Efficiency, Dan Maurer
Marquette Law Review
Unfortunately, when we look for such a theory to understand or legitimate the structure, foundational premises, and evolutionary path of the U.S. military’s separate criminal justice system, we find only a mirage—the blurry image of a super-rationale that simply evaporates the closer we inspect it. There is no theory that sheds light on why the system is what it is, nor how or why it could change further. This Article proposes such a theory. Aside from breaking ground as the first comprehensive theory of military justice in the field’s storied history, it aims to contribute to legislators’, the courts’, commanders’, …
When To Leave The Stones Unturned: Using Proportionality To Navigate Discovery Efficiently, Effectively, And Ethically, Stephen L. Rispoli, James E. Wren, Daniella Mcdonagh
When To Leave The Stones Unturned: Using Proportionality To Navigate Discovery Efficiently, Effectively, And Ethically, Stephen L. Rispoli, James E. Wren, Daniella Mcdonagh
Marquette Law Review
Discovery is intended to be an efficient, truth-seeking process with the ultimate goal of achieving just, speedy, and inexpensive dispute resolution. However, the consistent and extensive abuse of discovery has cast a shadow on the intended purpose of the process. For various ill- and well-intentioned reasons, attorneys abuse the process by conducting unnecessarily excessive and expensive discovery. One such reason for excessive and expensive discovery—and the focus of this Article—is the over-zealous advocacy of attorneys who leave no stone unturned out of fear of legal malpractice claims. To combat such excessive and expensive discovery, the Federal Rules of Civil Procedure …
A Brief Legal History Of Wisconsin Conservation, Jason J. Czarnezki, Carolyn Drell
A Brief Legal History Of Wisconsin Conservation, Jason J. Czarnezki, Carolyn Drell
Marquette Law Review
The State of Wisconsin’s longstanding conservation ethic includes the passage of the Conservation Education Statute, which required conservation of natural resources be taught in public schools, and the creation of “Earth Day.” However, a lack of recent interest and scholarship in Wisconsin’s important conversation history and development of conservation law has driven us to write this Article which offers a brief legal history of Wisconsin conservation— how the state’s conservation values were expressed in law, how its natural resources law has evolved and what that has (and has not) embodied, and how Wisconsin helps us define modern concepts of “conservation.” …
Gender Confirmation Surgery And The Federal Prison System: Eighth Amendment Framework And Proposed Alternatives, Julie Barnett
Gender Confirmation Surgery And The Federal Prison System: Eighth Amendment Framework And Proposed Alternatives, Julie Barnett
Marquette Benefits and Social Welfare Law Review
As reform for individuals with gender dysphoria has developed, the prison system's accommodation of those individuals' needs has underperformed. There have been a number of cases in the past few years where inmates who are experiencing gender dysphoria have not received adequate care in the form of gender confirmation surgery. Four of the Federal Appellate Circuit Courts have decided that a physician's refusal to provide an inmate with gender confirmation surgery is not a violation of the 8th Amendment. One circuit ruled differently and held that denial of the surgery to an inmate experiencing gender dysphoria does violate the 8th …
Pathways To Justice: Positive Rights, State Constitutions, And Untapped Potential, Dustin Coffman
Pathways To Justice: Positive Rights, State Constitutions, And Untapped Potential, Dustin Coffman
Marquette Benefits and Social Welfare Law Review
Positive rights, as a concept, are nothing new. Though they may not have always had such a deceptively unequivocal name, positive rights have existed in various forms and mediums throughout history. They've been utilized, underutilized, and, in some cases, outright ignored. At their core, positive rights are the imposition of an obligation upon the state to fulfill some declared right or benefit. One basis for this imposition is that because citizens give up certain rights by being parties to the "social contract," they should be entitled to certain positive protections guaranteed by the state created by way of said "contract." …
Without A Will, There Is Still A Way: A Statutory Solution To Increase The Value Of A Small Estate And Aid In Reducing The Racial Equity Gap In Wisconsin, Isabella V. Avila Perez
Without A Will, There Is Still A Way: A Statutory Solution To Increase The Value Of A Small Estate And Aid In Reducing The Racial Equity Gap In Wisconsin, Isabella V. Avila Perez
Marquette Benefits and Social Welfare Law Review
For generations, communities of color have struggled to increase their generational wealth. Lack of access to estate planning tools leaves minority groups and low-income families compromised and more likely to die intestate. While the current probate system creates a safety net for those that die intestate, this comment aims to address the need for a statutory solution to aid in combatting Wisconsin's racial equity gap. More specifically, this Comment suggests how increasing and indexing Wisconsin's summary settlement and summary assignment small estate values to include estates of $100,000 or less will allow for more minority and low-income families to qualify …
The "Accident Network": A Network Theory Analysis Of Proximate Causation, Anat Lior
The "Accident Network": A Network Theory Analysis Of Proximate Causation, Anat Lior
Marquette Law Review
In torts, proximate causation, or legal cause, examines whether harmful negligent conduct is “closely enough related” to the damages that ensue. Torts professors often use the metaphor of a stone being thrown into a pond to explain this rather amorphous legal doctrine. The ripples the stone creates surrounding it are the direct result of the act of it being thrown. The stone tossed into the pond, i.e., a negligent act, created an effect which perpetuated via ripples to a long distance, forever changing the entire pond, i.e., causing close and far damages. Can all of those affected by the negligent …
Creating Broadband Equity In Rural Wisconsin, Brian T. Coe
Creating Broadband Equity In Rural Wisconsin, Brian T. Coe
Marquette Benefits and Social Welfare Law Review
Over 430,000 people throughout the state of Wisconsin cur-rently do not have access to the internet. This "digital divide" is even more prominent in rural communities where broadband is either too slow, too expensive, or simply not available. Wisconsin state law cur-rently restricts local governments from providing this vital utility to their residents. The purpose of this Comment is to help readers un-derstand the impact of Wisconsin law surrounding local government public broadband programs, and how they can be changed to offer a more equitable menu of internet access to rural communities. This Comment will discuss the restrictive statutes that …
Equal Opportunity In Remote Learning, Teramie Hill
Equal Opportunity In Remote Learning, Teramie Hill
Marquette Benefits and Social Welfare Law Review
Students with disabilities have always been a marginalized group. During the Covid-19 pandemic, this group was even more vulnerable to discrimination because many students simply could not receive services required to ensure equal opportunity in education. While Congress passed the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities in Education Act in order to ensure students with disabilities are fairly treated in the educational system, remote learning has created complications and more complex issues. Making this issue even more complex, many parents are demanding the end of remote learning while others …
No Leave To Grieve: How Misfit Frameworks And America's "Grief Tsunami" Require Better Bereavement Policy, Katherine S. Hanson
No Leave To Grieve: How Misfit Frameworks And America's "Grief Tsunami" Require Better Bereavement Policy, Katherine S. Hanson
Marquette Benefits and Social Welfare Law Review
The COVID-19 pandemic fueled America’s recent death surge: 2021 has become the deadliest year on record in the United States. Scholars and commentators claim that the American workplace re-mains unprepared for the impending “grief tsunami” in the wake of such pervasive loss. Likewise, American law is ill-equipped for workplace grief. Bereavement, while medically “normal,” lacks a substantial foothold in workplace benefits and in the law. Currently, organizations bear the burden of developing their own policies—and where available, these policies remain insufficient to accommodate the myriad logistical and emotional complexities associated with the loss of a loved one. In the event …
Legal Implications Of A Ubiquitous Metaverse And A Web3 Future, Jon M. Garon
Legal Implications Of A Ubiquitous Metaverse And A Web3 Future, Jon M. Garon
Marquette Law Review
The metaverse is understood to be an immersive virtual world serving as the locus for all forms of work, education, and entertainment experiences. Depicted in books, movies, and games, the metaverse has the potential not just to supplement real-world experiences but to substantially supplant them. This Article explores the rapid emergence and evolution of the Web3 technologies at the heart of the metaverse movement. Web3 itself is a paradigmatic shift in internet commerce.
Holmes V. Walton And Its Enduring Lessons For Originalism, Justin W. Aimonetti
Holmes V. Walton And Its Enduring Lessons For Originalism, Justin W. Aimonetti
Marquette Law Review
Originalism is nothing new. And the New Jersey Supreme Court’s 1780 decision in Holmes v. Walton shows it. In that case, the New Jersey Supreme Court disallowed a state law as repugnant to the state constitution because the law permitted a jury of only six to render a judgment. To reach that result, the court looked to the fixed, original meaning of the jury trial guarantee embedded in the state constitution, and it then constrained its interpretive latitude in conformity with that fixed meaning. Holmes thus cuts against the common misconception that originalism as an interpretive methodology is a modern …
The First Amendment And The Regulation Of Speech Intermediaries, Shaun B. Spencer
The First Amendment And The Regulation Of Speech Intermediaries, Shaun B. Spencer
Marquette Law Review
Calls to regulate social media platforms abound on both sides of the political spectrum. Some want to prevent platforms from deplatforming users or moderating content, while others want them to deplatform more users and moderate more content. Both types of regulation will draw First Amendment challenges. As Justices Thomas and Alito have observed, applying settled First Amendment doctrine to emerging regulation of social media platforms presents significant analytical challenges.
In The Name Of “Justice”: Shiffra-Green Motions And Their Unintended Harms, Katharine A. Adler
In The Name Of “Justice”: Shiffra-Green Motions And Their Unintended Harms, Katharine A. Adler
Marquette Law Review
Sexual assault victims face many barriers to reporting the violence they have experienced. As few as one-third of sexual assaults are reported to the police and even fewer result in criminal charges. The criminal justice system can be grueling for sexual assault victims and carries with it the possibility of testifying at trial in front of their perpetrators, an experience that is daunting at best and terrifying at worst. Because of how few cases make it into the court system, along with how difficult the process can be for victims, any legal mechanisms that would create an unnecessary barrier to …
Certified Fair Wage®: Utilizing Certification Marks In The Fight Against Wage Theft, Anne E. Parrish
Certified Fair Wage®: Utilizing Certification Marks In The Fight Against Wage Theft, Anne E. Parrish
Marquette Benefits and Social Welfare Law Review
This paper argues utilizing certification marks in the fight against wage theft is a powerful consumer-side approach to the wage theft crisis, building public attention, fostering a social norm against wage theft, bolstering current approaches to the crisis, and spurring meaningful political action. Current approaches to the wage theft cri-sis are floundering, and certification marks, a subset of trademarks “used to show . . . goods and[] services . . . meet certain standards,” offer a unique approach to the problem. By highlighting certification marks’ unique attributes, showcasing other labor movements’ suc-cessful adaptation of certification marks, and utilizing a hypothetical …
Novel Food Ingredients: Food Safety Law, Animal Testing, And Consumer Perspectives, Taimie Bryant
Novel Food Ingredients: Food Safety Law, Animal Testing, And Consumer Perspectives, Taimie Bryant
Marquette Law Review
In recent years, some major food companies have publicly stated that they will no longer test their product ingredients on animals. Yet despite the availability of more reliably predictive non-animal toxicity tests, some companies continue testing novel food ingredients on animals. This Article uses the lens of a particular innovative plant-based food company’s decision to test a novel food ingredient on animals as a means of considering more generally whether any food producer has rational legal reasons for testing on animals. The Article explores FDA requirements, consumer food safety litigation, and judicial evaluation of animal test data, all of which …
Does Public Health Start Within Jails? A New Incentive For Reform Of Wisconsin's Bail System, Mahmood N. Abdellatif
Does Public Health Start Within Jails? A New Incentive For Reform Of Wisconsin's Bail System, Mahmood N. Abdellatif
Marquette Law Review
Wisconsin’s Milwaukee and Dane Counties are among many jurisdictions in the country employing modern bail reforms, specifically the Public Safety Assessment (PSA). Most of these jurisdictions adopted the PSA before the advent of the COVID-19 pandemic in the United States, but are increasingly relevant as the virus continues to derail public health measures. Through the intersection of detainees, correctional officers, judicial officials, attorneys, and visitors, millions of Americans filter in and out of correctional facilities on an annual basis. These facilities serve as a microcosm of society and breeding ground for mass infection. The COVID-19 pandemic amplified an existing need …