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Articles 1 - 30 of 65
Full-Text Articles in Law
Special Issue In Memory Of Howard B. Eisenberg, Marquette University
Special Issue In Memory Of Howard B. Eisenberg, Marquette University
Marquette Law Review
No abstract provided.
Gratuitous Nursing Services Rendered By Extended Family Members And Other Third Parties: Can Injured Parties Receive Reimbursement Under Wisconsin's Collateral Source Rule?, Joseph M. Engl
Marquette Law Review
No abstract provided.
When Voters Choose The Sentence: The Drug Policy Initiatives In Arizona, California, Ohio, And Michigan, Michael M. O'Hear
When Voters Choose The Sentence: The Drug Policy Initiatives In Arizona, California, Ohio, And Michigan, Michael M. O'Hear
Faculty Publications
No abstract provided.
The New Politics Of Sentencing, Michael M. O'Hear
The New Politics Of Sentencing, Michael M. O'Hear
Faculty Publications
No abstract provided.
The Long And Arduous Journey To Truth-In-Sentencing In Wisconsin, Thomas J. Hammer
The Long And Arduous Journey To Truth-In-Sentencing In Wisconsin, Thomas J. Hammer
Faculty Publications
No abstract provided.
The Virtues Of Corporate And Professional Guardians, Alison Barnes
The Virtues Of Corporate And Professional Guardians, Alison Barnes
Faculty Publications
No abstract provided.
Shattering Negotiation Myths: Empirical Evidence On The Effectiveness Of Negotiation Style, Andrea Kupfer Schneider
Shattering Negotiation Myths: Empirical Evidence On The Effectiveness Of Negotiation Style, Andrea Kupfer Schneider
Faculty Publications
This article provides a current look at how lawyers actually negotiate and should serve to shatter the myth that adversarial bargaining is more effective and less risky than problem-solving. The data reported herein is based on a wide-ranging study that asked lawyers to evaluate the negotiation styles and the resulting effectiveness of other lawyers. First, the study shows that effective negotiators exhibit certain identifiable skills. For example, the research indicates that a negotiator who is assertive and empathetic is perceived as more effective. The study also reveals distinctive characteristics of ineffective negotiators, who are more likely to be stubborn, arrogant, …
Can An Employer Reject An Applicant Because The Workplace Would Threaten His Health?, Ralph C. Anzivino
Can An Employer Reject An Applicant Because The Workplace Would Threaten His Health?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
Can A State Waive Its Immunity By Removing A Case From State To Federal Court?, Jay E. Grenig
Can A State Waive Its Immunity By Removing A Case From State To Federal Court?, Jay E. Grenig
Faculty Publications
No abstract provided.
Can The Disparate Impact Method Of Proving Discrimination Establish An Adea Violation?, Jay E. Grenig
Can The Disparate Impact Method Of Proving Discrimination Establish An Adea Violation?, Jay E. Grenig
Faculty Publications
No abstract provided.
When Can The Nlrb Sanction An Employer For Filing A Losing Retaliatory Lawsuit?, Jay E. Grenig
When Can The Nlrb Sanction An Employer For Filing A Losing Retaliatory Lawsuit?, Jay E. Grenig
Faculty Publications
No abstract provided.
The Civil Docket: From Civil Rights To Social Security, Jay E. Grenig
The Civil Docket: From Civil Rights To Social Security, Jay E. Grenig
Faculty Publications
No abstract provided.
Does The Federal Boat Safety Act Preempt State Common-Law Tort Claims?, Ralph C. Anzivino
Does The Federal Boat Safety Act Preempt State Common-Law Tort Claims?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
When Should A Court Rather Than An Arbitrator Decide Whether A Claim Is Arbitrable?, Jay E. Grenig
When Should A Court Rather Than An Arbitrator Decide Whether A Claim Is Arbitrable?, Jay E. Grenig
Faculty Publications
No abstract provided.
When Can A State Agency Use A Child's Social Security Benefits To Pay For Foster Care Expenses?, Jay E. Grenig
When Can A State Agency Use A Child's Social Security Benefits To Pay For Foster Care Expenses?, Jay E. Grenig
Faculty Publications
No abstract provided.
When Does Organized Protest Activity Violate The Racketeer Influenced And Corrupt Organizations Act?, Ralph C. Anzivino
When Does Organized Protest Activity Violate The Racketeer Influenced And Corrupt Organizations Act?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
Religious Premises, Legislative Judgments, And The Establishment Clause, Scott C. Idleman
Religious Premises, Legislative Judgments, And The Establishment Clause, Scott C. Idleman
Faculty Publications
This article addresses the constitutionality under the First Amendment Establishment Clause of the legislative use of religious premises - particularly religious moral premises--in the formulation of regulatory and criminal statutes. Although much scholarly writing has been devoted to analyzing the philosophical acceptability of such legislative reliance, very little has been written specifically addressing the issue under the Establishment Clause, which is, of course, a question of great potential significance to actual or prospective litigants, to legislators and legislative drafters, and ultimately to judges. The analysis consists of three perspectives: the tests or doctrines of the Establishment Clause, the special role …
A Cart That Accommodates: Using Case Law To Understand The Ada, Sports, And Casey Martin, Paul M. Anderson
A Cart That Accommodates: Using Case Law To Understand The Ada, Sports, And Casey Martin, Paul M. Anderson
Faculty Publications
No abstract provided.
Harmonizing Scope And Allocation Of Patent Rights In Europe - Towards A New European Patent Law, Christopher Heath
Harmonizing Scope And Allocation Of Patent Rights In Europe - Towards A New European Patent Law, Christopher Heath
Marquette Intellectual Property Law Review
A rise in European Patent litigation has increased awareness of patent enforcement and its difficulty given the lack of harmony between the European Patent Convention (EPC) and the European Community (Community) patent laws. The EPC and the Community have both attempted to harmonize certain aspects of their patent laws. In 1999, the EPC Member States developed four options for structuring a European system of patent enforcement. In 2000, the Community developed its regulation system known as the Community Patent Regulation. The author believes that the two proposals are great attempts but fail to address two key aspects: (1) the allocation …
Understanding The Impact Of The Digital Millennium Copyright Act On The Open Source Model Of Software Development, Theodore C. Mccullough
Understanding The Impact Of The Digital Millennium Copyright Act On The Open Source Model Of Software Development, Theodore C. Mccullough
Marquette Intellectual Property Law Review
Mr. McCullough discusses the Digital Millennium Copyright Act (DMCA), and the traditional and open source models of software development. He argues that the "DMCA supports the 'Traditional Model' of software development, at the expense of the 'Open Source Model,' by limiting the ability of open source developers to write programs that increase interoperability and by limiting their ability to engage in peer review for such programs." He also discusses the competing interpretations of the Reverse Engineering Safe Harbor and proposes statutory solutions to the overall lack of protection afforded to software developers using copyrightable materials to promote interoperability.
Will The United States Take The Plunge Into Global Patent Law Harmonization? A Discussion Of The United States' Past, Present, And Future Harmonization Efforts., Anneliese M. Seifert
Will The United States Take The Plunge Into Global Patent Law Harmonization? A Discussion Of The United States' Past, Present, And Future Harmonization Efforts., Anneliese M. Seifert
Marquette Intellectual Property Law Review
Ms. Seifert discusses the factors that shape harmonization of a global patent law system. She touches on how the philosophical differences of the United States, Japanese, and European patent systems have created difficulty in establishing a cohesive patent law system. The author then discusses international harmonization efforts such as WIPO and TRIPs and national patent law changes, such as the eighteen-month publication period created under the American Inventors Protection Act. In conclusion, the author discusses the future of patent harmonization, suggesting the need for a global, uniform method of patent interpretation for meaningful harmonization.
The Game Behind The Games, Anne M. Wall
The Game Behind The Games, Anne M. Wall
Marquette Sports Law Review
No abstract provided.
Me And Muhammad, Michael Meltsner
Marketing, Protection And Enforcement Of Ncaa Marks, Scott A. Bearby
Marketing, Protection And Enforcement Of Ncaa Marks, Scott A. Bearby
Marquette Sports Law Review
No abstract provided.
Index: Sports Law In Law Reviews And Journals
Index: Sports Law In Law Reviews And Journals
Marquette Sports Law Review
No abstract provided.
Harmonization Of Anti-Doping Code Through Arbitration: The Case Law Of The Court Of Arbitration For Sport, Frank Oschütz
Harmonization Of Anti-Doping Code Through Arbitration: The Case Law Of The Court Of Arbitration For Sport, Frank Oschütz
Marquette Sports Law Review
No abstract provided.
Heading Down The Wrong Road?: Why Deregulating Amateurism May Cause Future Legal Problems For The Ncaa, Benjamin A. Menzel
Heading Down The Wrong Road?: Why Deregulating Amateurism May Cause Future Legal Problems For The Ncaa, Benjamin A. Menzel
Marquette Sports Law Review
No abstract provided.
Stop The Presses! First Amendment Limitations Of Professional Athletes' Publicity Rights , Erika T. Olander
Stop The Presses! First Amendment Limitations Of Professional Athletes' Publicity Rights , Erika T. Olander
Marquette Sports Law Review
No abstract provided.
Quid Pro Quo: Restoring Educational Primacy To College Basketball, Tanyon T. Lynch
Quid Pro Quo: Restoring Educational Primacy To College Basketball, Tanyon T. Lynch
Marquette Sports Law Review
No abstract provided.