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Full-Text Articles in Law

Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone Dec 2015

Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone

Michigan Journal of Environmental & Administrative Law

The public trust doctrine is a powerful legal tool in property law that requires the sovereign, as a trustee, to protect and manage natural resources. Historically, the public trust doctrine has been used in relationship to navigable waterways and wildlife management. Despite electricity production’s impact on those two areas and the comparatively smaller impacts of renewable energy, electricity production has garnered very little public trust doctrine attention. This Article examines how electricity production implicates the public trust doctrine, primarily through the lens of four states—California, Wisconsin, Hawaii, and New Jersey—and how it would potentially apply to each state’s electricity planning …


An Opening For Quid Pro Quo Corruption? Issue Advertising In Wisconsin Judicial Races Before And After Citizens United, Christopher Terry, Mitchell T. Bard Oct 2015

An Opening For Quid Pro Quo Corruption? Issue Advertising In Wisconsin Judicial Races Before And After Citizens United, Christopher Terry, Mitchell T. Bard

The Journal of Appellate Practice and Process

No abstract provided.


Enduring Doctrine: The Collateral Source Rule In Wisconsin Injury Law, Joseph P. Poehlmann Oct 2015

Enduring Doctrine: The Collateral Source Rule In Wisconsin Injury Law, Joseph P. Poehlmann

Marquette Law Review

When the common law collateral source rule first arose in the area of tort law over one hundred years ago, only a minority of individuals maintained health insurance coverage to protect against loss in the event that a negligent actor injured them. Today, however, the vast majority of Americans are covered. Because of this change in the landscape of insurance coverage, many jurisdictions have abrogated or greatly eroded the collateral source rule under the belief that the rule no longer holds a justified role in personal injury litigation. Wisconsin, however, continues to follow the common law form of the rule …


A Baby Step: The Status Of Surrogacy Law In Wisconsin Following Rosecky V. Schissel, Joshua J. Bryant Jun 2015

A Baby Step: The Status Of Surrogacy Law In Wisconsin Following Rosecky V. Schissel, Joshua J. Bryant

Marquette Law Review

Surrogacy is an ancient and rapidly expanding industry in the United States and abroad. Despite this, the legal landscape governing surrogacy contracts remains tenuous in a majority of states—including Wisconsin. In 2013, the Wisconsin Supreme Court took the first step in developing surrogacy contract law in Wisconsin. Absent legislative guidance, the court fashioned a reasonable foundation for surrogacy contracts. However, its decision does little to ensure that intending parents and surrogate mothers who enter into such agreements fully understand their responsibilities and have assurances that their expectations will be met. This Comment does not seek to argue, as many others …


Income Tax Treatment Of Same-Sex Couples: Windsor Vs State Marriage Bans, Samantha Schmid Jun 2015

Income Tax Treatment Of Same-Sex Couples: Windsor Vs State Marriage Bans, Samantha Schmid

Marquette Law Review

In 1996 the United States Congress passed the Defense of Marriage Act, which codified the federal definition of marriage as between one man and one woman. But in 2013 the United States Supreme Court struck down this definition of marriage and, for the first time, the federal government began recognizing same-sex marriages. However, many states, including Wisconsin, continued to have state bans on same-sex marriage, and many of these bans have recently been challenged in state and federal courts. The effect of this has been a patchwork of laws that provide same-sex couples different rights based upon the state in …


Transformation: Turning Section 2 Of The Voting Rights Act Into Something It Is Not, J. Christian Adams May 2015

Transformation: Turning Section 2 Of The Voting Rights Act Into Something It Is Not, J. Christian Adams

Touro Law Review

No abstract provided.


Collateral Damage: A Guide To Criminal Appellate, Postconviction, And Habeas Corpus Litigation In Wisconsin, Matthew M. Fernholz Apr 2015

Collateral Damage: A Guide To Criminal Appellate, Postconviction, And Habeas Corpus Litigation In Wisconsin, Matthew M. Fernholz

Marquette Law Review

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A Breach Of Trust: Rock-Koshkonong Lake District V. State Department Of Natural Resources And Wisconsin's Public Trust Doctrine, Anne-Louise Mittal Apr 2015

A Breach Of Trust: Rock-Koshkonong Lake District V. State Department Of Natural Resources And Wisconsin's Public Trust Doctrine, Anne-Louise Mittal

Marquette Law Review

Wisconsin has a particularly notable tradition of using the public trust doctrine aggressively to protect the state’s natural resources. The general thrust of the doctrine’s evolution in Wisconsin has been expansion beyond the doctrine’s traditional application to waters navigable for commercial purposes. Emblematic of such expansion is the Wisconsin Supreme Court’s decision in Just v. Marinette County, which scholars have characterized as a landmark extension of the public trust doctrine to non- navigable wetlands adjacent to navigable waters. In light of this tradition, it is unsurprising that the Wisconsin Supreme Court’s recent pronouncement that the Department of Natural Resources …


Expanding Wisconsin's Approach To The Business Records Exception, Bryan Whitehead Apr 2015

Expanding Wisconsin's Approach To The Business Records Exception, Bryan Whitehead

Marquette Law Review

This Comment analyzes Wisconsin’s application of the business records exception when a litigant seeks the admission of third-party records. In 2010, the Wisconsin Court of Appeals, in Palisades Collection LLC v. Kalal, applied a narrow interpretation of the exception’s requirements that stands in contrast to manner in which federal jurisdictions apply the exception in the same context. This Comment addresses the question of whether Wisconsin’s narrower construction of the exception is the best approach to the evidentiary rule. In doing so, this Comment first reviews the federal business record exception, its requirements, and federal courts’ treatment of the foundational …


Picking Up The Remnants Post-Waller: Properly Limiting The Scope Of Uneconomic Remnant Claims In Wisconsin Eminent Domain Proceedings, Samuel A. Magnuson Apr 2015

Picking Up The Remnants Post-Waller: Properly Limiting The Scope Of Uneconomic Remnant Claims In Wisconsin Eminent Domain Proceedings, Samuel A. Magnuson

Marquette Law Review

Statutory interpretation often requires a court to review the legislative intent behind the statute. However, this task is not always easily undertaken when the intent of the legislature is itself unclear. A recent Wisconsin Supreme Court case illustrates the difficulty in properly interpreting arguably ambiguous statutory language. Nevertheless, this Comment hopes to demonstrate that by examining the history of remnant theory, it should be clear that uneconomic remnant claims in eminent domain proceedings were intended to be limited to situations where the partial taking creates either a physical remnant or a financial remnant. Furthermore, this Comment argues that the Wisconsin …