Law Commons^™

Revisiting Belligerent Reprisals In The Age Of Cyber?

Marquette Law Review

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Collateral Consequences And Criminal Justice: Future Policy And Constitutional Directions

Marquette Law Review

National policy with respect to collateral consequences is receiving more attention than it has in decades. This article outlines and explains some of the reasons for the new focus. The legal system is beginning to recognize that for many people convicted of crime, the greatest effect is not imprisonment, but being marked as a criminal and subjected to legal disabilities. Consequences can include loss of civil rights, loss of public benefits, and ineligibility for employment, licenses, and permits. The United States, the 50 states, and their agencies and subdivisions impose collateral consequences—often applicable for life—based on convictions from any jurisdiction. …

The Plot To Overthrow Genocide: State Laws Mandating Education About The Foulest Crime Of All

Marquette Law Review

This Article shines a light on a little noticed phenomenon in American law: the promulgation of ten state statutes and one state regulation, each requiring education about genocide in elementary and/or secondary schools. The mandates, adopted from 1989 through 2018, appear to be only the beginning inasmuch as in 2017 another nineteen states publicly pledged to pass such mandates as well.

The Article describes each of the existing mandates and compares them to each other, including an analysis of the laws’ respective strong and weak points. This exposition, of interest in itself, also sets the stage for proposals to improve …

Masthead

Marquette Law Review

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How Shell Entities And Lack Of Ownership Transparency Facilitate Tax Evasion And Modern Policy Responses To These Problems

Marquette Law Review

The purpose of this article is to review the use and application of shell entities, as they facilitate tax evasion, impede investigations, and harm society. This article details the types and characteristics of shell entities, reviews actual cases to exhibit how shells are abused, outlines reasons shells disguise beneficial ownership, and analyzes steps taken by countries and organizations to thwart the abuse of shell entities. Many types of shell entities are used by tax evaders and are often layered in an intricate network which conceals the identity of beneficial owners. Nominees and bearer shares are used in tandem with shell …

... Because "Yes" Actually Means "No": A Personalized Prescriptive To Reactualize Informed Consent In Dispute Resolution

Marquette Law Review

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Cooperation And Turnover In Law Faculties: A Game-Theoretic Model And An Empirical Study

Marquette Law Review

A standard account of group cooperation would predict that group stability would bring about greater cooperation because repeat-play games would allow for sanctions and rewards. In an academic unit such as a department or a law faculty, one might thus expect that faculty stability would bring about greater cooperation. However, academic units are not like most other groups. Tenured professors face only limited sanctions for failing to cooperate, for engaging in unproductive conflict, or for shirking. This article argues counter-intuitively that within limits, some level of faculty turnover may enhance cooperation. Certainly, excessive and persistent loss of faculty is demoralizing, …

Table Of Contents

Marquette Law Review

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Supreme Verbosity: The Roberts Court's Expanding Legacy

Marquette Law Review

The link between courts and the public is the written word. With rare exceptions, it is through judicial opinions that courts communicate with litigants, lawyers, other courts, and the community. Whatever the court’s statutory and constitutional status, the written word, in the end, is the source and the measure of the court’s authority.

It is therefore not enough that a decision be correct—it must also be fair and reasonable and readily understood. The burden of the judicial opinion is to explain and to persuade and to satisfy the world that the decision is principled and sound. What the court says, …

Murr And Wisconsin: The Badger State's Take On Regulatory Takings

Marquette Law Review

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Institutional Pluralism And The (Hoped-For) Effects Of Candor And Integrity In Legal Scholarship, Paul Horwitz

Marquette Law Review

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The Scholar's Dilemma, Chad Oldfather

Marquette Law Review

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The Ethics Of Normative Legal Scholarship, Robin West

Marquette Law Review

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Legal Scholars' Ethical Responsibilities Concerning Neutrality And Objectivity, Candor And Exhaustiveness, Neil Hamilton

Marquette Law Review

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The Truth Of The Matter: Why The Social Contract Dictates Legal Scholars' Sincerity, Candor, & Thoroughness, Nicola A. Boothe-Perry

Marquette Law Review

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Conference On The Ethics Of Legal Scholarship

Marquette Law Review

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Towards A Series Of Academic Norms For #Lawprof Twitter, Carissa Byrne Hessick

Marquette Law Review

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A Thought Experiment About The Academic "Billable" Hour Or Law Professors' Work Habits, Eli Wald

Marquette Law Review

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Law "Reviews"? The Changing Roles Of Law Schools And The Publications They Sponsor, Leslie Francis

Marquette Law Review

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The Ethics Of Baiting And Switching In Law Review Submissions, Ryan Scoville

Marquette Law Review

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Sharing Is Caring: Regulating Rather Than Prohibiting Home Sharing In Wisconsin, Apallonia C. Wilhelm

Marquette Law Review

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Trapped In Tragedies: Childhood Trauma, Spatial Inequality, And Law, David Dante Troutt

Marquette Law Review

Each year, psychological trauma arising from community and domestic violence, abuse, and neglect brings profound psychological, physiological, and academic harm to millions of American children, disproportionately poor children of color. This Article represents the first comprehensive legal analysis of the causes of and remedies for a crisis that can have lifelong and epigenetic consequences. Using civil rights and local government law, this Article argues that children’s reactions to complex trauma represent the natural symptomatology of severe structural inequality—legally sanctioned environments of isolated, segregated poverty. The sources of psychological trauma may be largely environmental, but the traumatic environments themselves are caused …

Getting It Righted: Access To Counsel In Rapid Removals, Stephen Manning, Kari Hong

Marquette Law Review

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The Light Of Nature: John Locke, Natural Rights, And The Origins Of American Religious Liberty, Steven J. Heyman

Marquette Law Review

This Article explores John Locke’s theory of religious liberty, which deeply influenced the adoption of the First Amendment and the first state bills of rights. Locke sharply criticized the religious and political order of Restoration England—a regime in which the king claimed to hold absolute power by divine right and in which individuals were required by law to conform to the established church.

In opposition to this regime, Locke developed a powerful theory of human beings as rational creatures who were entitled to think for themselves, to direct their own actions, and to pursue their own happiness within the bounds …

International Human Rights Law: An Unexpected Threat To Peace, Ingrid Wuerth

Marquette Law Review

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Polishing Up Wisconsin's Fiduciary Duties In Llc Law To Attract New Suitors, Collin D. Brunk

Marquette Law Review

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Bringing The Science Of Policing To Liability For Third-Party Crime At Shopping Malls, Aaron D. Twerski, Jon M. Shane

Marquette Law Review

Unlike state and municipal police forces that can generally not be sued by victims of crime on the grounds that they provided inadequate policing, shopping malls are regularly the targets by crime victims in tort actions for failing to provide adequate security. Courts have struggled with the question of how to set the standard for reasonable policing. Most courts place heavy emphasis on the foreseeability by the mall management of the likelihood of criminal activity to take place on the grounds of the mall. In doing so, they rely on the testimony of security experts who intuit as to the …

Stronger Than The Storm: Disaster Law In A Defiant Age, Alexander Lemann

Faculty Publications

This paper seeks to offer a new way of understanding the impulse to rebuild in the wake of disasters. This is a major problem. One recent study estimated that three feet of sea level rise—expected in consensus estimates by 2100—would displace about 4.2 million Americans, and yet our current legal mechanisms for encouraging retreat from flood-prone areas have not been particularly successful. In the wake of Hurricane Katrina, a panel of urban planning experts notoriously called for the abandonment of several particularly hard-hit neighborhoods, sparking a political firestorm that put all talk of retreat off the table almost immediately. The …

Invisible Stripes: The Problem Of Youth Criminal Records, Judith G. Mcmullen

Faculty Publications

It is common knowledge in American society that persons who have criminal records will have a more difficult path to obtaining legitimate employment. Similarly, conventional wisdom acknowledges the unfortunate fact that young people, on average, are more prone to engage in risky, impulsive, and other ill-advised behavior that might result in brushes with law enforcement authorities. This article addresses the difficult situation faced by people whose now disabling criminal records were attained while they were under the age of 21. Not only do such individuals face stigma and possible discrimination from potential employers, the efforts of today’s young people to …

Identifying Inefficiencies: Exploring Ways To Write Briefs More Quickly Within The Time Demands Of Legal Practice, Jacob M. Carpenter

Faculty Publications

Time is precious for attorneys. For many, there is never enough time. A typical day is filled with so many tasks to complete that it can overwhelm. In fact, the most common complaint many attorneys have is the number of hours they spend at work. A common time-consuming task causing attorneys stress is writing briefs: the stakes are high and filing deadlines loom, despite that the attorney often does not have the time needed to write the brief well. Even when attorneys have sufficient time, attorneys charging hourly rates have to be concerned with the bills they send clients. Not …