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Articles 1 - 30 of 118
Full-Text Articles in Law
State Policy Consequences For Wisconsin's School Districts: Spending Disparities, Finance Formulas, And Revenue Restrictions, Craig Maher, Mark Skidmore, Bambi Statz
State Policy Consequences For Wisconsin's School Districts: Spending Disparities, Finance Formulas, And Revenue Restrictions, Craig Maher, Mark Skidmore, Bambi Statz
Marquette Law Review Conferences
No abstract provided.
Wisconsin's Constitutional Amendment Habit: A Disease Or A Cure?, Joseph A. Ranney
Wisconsin's Constitutional Amendment Habit: A Disease Or A Cure?, Joseph A. Ranney
Marquette Law Review Conferences
No abstract provided.
What Is "Fair" Partisan Representation, And How Can It Be Constitutionalized? The Case For A Return To Fixed Election Districts, James A. Gardner
What Is "Fair" Partisan Representation, And How Can It Be Constitutionalized? The Case For A Return To Fixed Election Districts, James A. Gardner
Marquette Law Review Conferences
No abstract provided.
Constitutional Isolationism And The Limits Of State Separation Of Powers As A Barrier To Interstate Compacts, Jim Rossi
Marquette Law Review Conferences
No abstract provided.
Environmentalism And The Wisconsin Constitution, Jason J. Czarnezki
Environmentalism And The Wisconsin Constitution, Jason J. Czarnezki
Marquette Law Review Conferences
No abstract provided.
Tax And Expenditure Limitations And Economic Growth, Steven Deller, Judith I. Stallmann
Tax And Expenditure Limitations And Economic Growth, Steven Deller, Judith I. Stallmann
Marquette Law Review Conferences
No abstract provided.
"Neither Peace Nor Uniformity": Local Government In The Wisconsin Constitution, Michael E. Libonati
"Neither Peace Nor Uniformity": Local Government In The Wisconsin Constitution, Michael E. Libonati
Marquette Law Review Conferences
No abstract provided.
On Wisconsin: Some Friendly Constitutional Advice, William A. Niskanen
On Wisconsin: Some Friendly Constitutional Advice, William A. Niskanen
Marquette Law Review Conferences
No abstract provided.
Is The Wisconsin State Constitution Obsolete? Toward A Twenty-First Century, Functionalist Assessment, Robert F. Williams
Is The Wisconsin State Constitution Obsolete? Toward A Twenty-First Century, Functionalist Assessment, Robert F. Williams
Marquette Law Review Conferences
No abstract provided.
Rules For Radicals: A Politics Of Patent Law, Kali Murray
Rules For Radicals: A Politics Of Patent Law, Kali Murray
Faculty Publications
No abstract provided.
Continuing Commercial Impression: Applications And Measurement , Gideon Mark, Jacob Jacoby
Continuing Commercial Impression: Applications And Measurement , Gideon Mark, Jacob Jacoby
Marquette Intellectual Property Law Review
This Article examines applications and measurement of continuing commercial impression, which is the meaning or idea a trademark or trade dress conveys to consumers. The doctrine is relevant in a variety of contexts, including abandonment, tacking, claim preclusion, and the Morehouse defense. A number of courts considering the issue have concluded that continuing commercial impression is a pure question of law. This article argues that such a view is incorrect, and that the doctrine should present a mixed question of law and fact. In determining whether continuing commercial impression exists, the sole factor should not be the visual or aural …
The Effects Of The Corporate Diversification Trend On Trademarks, Katherine E. Halmen
The Effects Of The Corporate Diversification Trend On Trademarks, Katherine E. Halmen
Marquette Intellectual Property Law Review
In today's business world, companies are increasingly adopting diversification strategies through which they expand into diverse and unrelated business areas. Of additional importance with regard to trademarks and the future of trademark law is the fact that the trend toward corporate diversification is growing. To address the impact of the corporate diversification trend upon trademark law, courts have utilized various methodologies. Some courts have focused primarily upon the reasonably prudent consumer and how he or she is affected by corporate diversification. With regard to the use of trademarks on a variety of products, courts have often taken into account whether …
Conditioning Functionality: Untangling The Divergent Strands Of Argument Evidenced By Recent Case Law And Commentary , Justin Pats
Conditioning Functionality: Untangling The Divergent Strands Of Argument Evidenced By Recent Case Law And Commentary , Justin Pats
Marquette Intellectual Property Law Review
The protection of trade dress has become increasingly clouded in recent years. A forcethe functionality doctrinehas been implemented to police this intersection between patent and trademark law. Unfortunately, courts have struggled to arrive at a common definition of functionality. This comment examines the functionality doctrine and proposes a four-factor decay test as a uniform approach to functionality. The test asks the following questions regarding a product feature: (1) Is it essential to the use or purpose of the article?; (2) Does it have any current market effect on the cost or quality of the article?; (3) Is there a significant …
Reverse Engineering Of Computer Programs Under The Dmca: Recognizing A "Fair Access" Defense, Donna L. Lee
Reverse Engineering Of Computer Programs Under The Dmca: Recognizing A "Fair Access" Defense, Donna L. Lee
Marquette Intellectual Property Law Review
Courts have consistently held that reverse engineering constitutes fair use under the Copyright Act. When Congress enacted the DMCA, it intended to codify the settled law. Nonetheless, the exemption Congress carved out for reverse engineering in the DMCA is too narrowly crafted to accommodate the many different purposes of reverse engineering. This Comment suggests that courts should develop a fair access defense for reverse engineering undertaken for purposes that do not satisfy the requirements of the DMCA exemption but do enable other, fair use-defensible uses of computer programs. The Comment outlines three factors to consider in applying a fair access …
All Rights Reserved? Cultural Monopoly And The Troubles With Copyright , Michael Geist
All Rights Reserved? Cultural Monopoly And The Troubles With Copyright , Michael Geist
Marquette Intellectual Property Law Review
With an increasing ease for one to download, trade and share information, there is also an increasing desire by companies, corporations and private interests to protect their works. In a time where everything can be commoditized and ideas can be bought and sold at a price, a question we must answer is - Who owns our creativity? Must all rights be reserved? This lecture explores the growth of the citizen journalist and the blossoming of independent creativity online. He also examines the concerns with copyright: how lobby groups have consistently pushed for ever stronger rules. Finally, Dr. Geist presents the …
Trips And Traditional Knowledge: Local Communities, Local Knowledge, And Global Intellectual Property Frameworks, Olufunmilayo B. Arewa
Trips And Traditional Knowledge: Local Communities, Local Knowledge, And Global Intellectual Property Frameworks, Olufunmilayo B. Arewa
Marquette Intellectual Property Law Review
Intellectual property treatment of traditional or local knowledge is a major issue of contention today, particularly since the implementation of the TRIPs Agreement, which establishes minimum levels of intellectual property protection for members of the World Trade Organization. Discourse surrounding local knowledge is highly charged with accusations of "piracy" from Western countries countered with allegations of "biopiracy" from Third World countries. Flowing beneath the surface of this dialogue are multiple levels of historical experience. Intellectual property frameworks were formed in the nineteenth century during a period when evolutionary views of the development of human societies were paramount. Local knowledge was …
Expanding The Protection Of Geographical Indications Of Origin Under Trips: "Old" Debate Or "New" Opportunity?, Irene Calboli
Expanding The Protection Of Geographical Indications Of Origin Under Trips: "Old" Debate Or "New" Opportunity?, Irene Calboli
Marquette Intellectual Property Law Review
This work briefly analyzes the issue of (geographical indications of origin) GI protection pre- and post-TRIPs and considers whether extension of the protection set forth by TRIPs is desirable for the international community. First, the work provides a brief overview of GI, the traditional rationale for their protection, and the protection granted thereof before the adoption of TRIPs. Next, the analysis turns to a description of the status of the law under TRIPs and the failed diplomatic agenda to expand the current protection. The recent developments on the debate on GI are explored, particularly for wine and spirits, with an …
The International Intellectual Property Law System: New Actors, New Institutions, New Sources, Graeme B. Dinwoodie
The International Intellectual Property Law System: New Actors, New Institutions, New Sources, Graeme B. Dinwoodie
Marquette Intellectual Property Law Review
International intellectual property norms are ow being developed by a wide range of institutions- some national, some international, and some that do not fit neatly into either category; by bodies designed to address intellectual property; by trade and other bodies; and by actors public, private, and indeterminate. This new wave of international norm creation not only augments a growing body of substantive norms but also raises difficult structural questions about the future development of the international intellectual property system.
Trips: A Link Too Far? A Proposal For Procedural Restraints On Regulatory Linkage In The Wto, Sean Pager
Trips: A Link Too Far? A Proposal For Procedural Restraints On Regulatory Linkage In The Wto, Sean Pager
Marquette Intellectual Property Law Review
In dramatically expanding the reach of international intellectual property law, the TRIPs Agreement both epitomizes a new trend toward globalized regulation and signaled a controversial shift in approach by the WTO away from its narrow focus on trade. Equally controversial was the manner in which TRIPs came about. By strategically linking intellectual property protection to substantively unrelated trade negotiations, developed countries were able to push through a much more ambitious harmonization of IP law than would otherwise have been possible. Such package dealing making offers a powerful mechanism to advance global governance. However, unrestricted use of linkage strategies risks suboptimal …
Is There An Antitrust Antidote Against Ip Overprotection Within Trips?, Marco Ricolfi
Is There An Antitrust Antidote Against Ip Overprotection Within Trips?, Marco Ricolfi
Marquette Intellectual Property Law Review
The Article explores the mini-body of antitrust provisions to be found within TRIPs. It advocates a general-principles based and systematic interpretative approach of these provisions with a view to finding in them an antidote to the ratcheting up of IP protection otherwise encouraged by TRIPs. In this framework, it is argued that member countries retain considerable flexibility to incorporate pro-competitive inputs and to give appropriate consideration to non-intellectual property interests in adopting legislation at the intersection of antitrust and IP. The Article further develops criteria to assess the TRIPs-compatibility both of antitrust intervention and of generalized, ex ante legislative measures …
Frivolous Sanction Law In Wisconsin, Janine P. Geske, William C. Gleisner Iii
Frivolous Sanction Law In Wisconsin, Janine P. Geske, William C. Gleisner Iii
Faculty Publications
No abstract provided.
Keeping Peace In The Family While You Are Resting In Peace: Making Sense Of And Presenting Will Contests, Judith G. Mcmullen
Keeping Peace In The Family While You Are Resting In Peace: Making Sense Of And Presenting Will Contests, Judith G. Mcmullen
Faculty Publications
This Article focuses on post-mortem challenges to wills. All such will challenges involve a clash between the testator's stated intentions and the disappointed heirs' expectations and desires. While the legal issues may differ somewhat in individual cases, the claims are almost invariably the result of a disappointed heir feeling that she has been treated unfairly or has not received what she expected to receive. Rather than focusing on the technical issues of will drafting or execution, this Article reflects on the emotional causes of fighting over an estate and suggests some ways to reduce the family fighting and hard feelings …
Underage Drinking: Does Current Policy Make Sense?, Judith G. Mcmullen
Underage Drinking: Does Current Policy Make Sense?, Judith G. Mcmullen
Faculty Publications
This Article examines the history of laws and policies regulating consumption of alcoholic beverages by young people in the United States, and examines youth drinking patterns that have emerged over time. Currently, all 50 states have a minimum drinking age of 21. Various rationales are offered for the 21 drinking age, such as the claim that earlier drinking hinders cognitive functions, and the claim that earlier drinking increases the lifetime risk of becoming an alcoholic. While there is sufficient evidence to support the claim that it would be better for adolescents and young adults if they did not drink prior …
Private Conscience, Public Duties: The Unavoidable Conflicts Facing A Catholic Justice, Scott C. Idleman
Private Conscience, Public Duties: The Unavoidable Conflicts Facing A Catholic Justice, Scott C. Idleman
Faculty Publications
When questioned about the relationship between their faith and their decision making, Catholic judges typically invoke a model of detachment, pursuant to which their governmental role and responsibilities are not directly governed by, and thus do not readily conflict with, their potential duties as a faithful Catholic. This position of detachment has been expressed both during confirmation hearings and in situations where judges are asked to remove themselves from a case due to their religious beliefs or affiliation. This article addresses the possibility that this position is potentially at odds with Catholic Church doctrine regarding the obligations of civil officials. …
The Original Intent Of Uniformity In Federal Sentencing, Michael M. O'Hear
The Original Intent Of Uniformity In Federal Sentencing, Michael M. O'Hear
Faculty Publications
This Article recounts the rise and evolution of the uniformity ideal in federal sentencing, that is, the notion that similarly situated offenders should be treated similarly, and differently situated offenders differently. The uniformity ideal was championed by many critics of rehabilitative approaches in the 1970s and strongly influenced the adoption of federal sentencing guidelines in the 1980s. However, uniformity has been an unstable concept, with proponents articulating quite different views as to why uniformity is desirable and how it should be implemented. Much of the difficulty stems from the tension between two distinct approaches to uniformity, which are described here …
Punishment, Democracy And Victims, Michael M. O'Hear
Punishment, Democracy And Victims, Michael M. O'Hear
Faculty Publications
No abstract provided.
Victims And Criminal Justice: What’S Next?, Michael M. O'Hear
Victims And Criminal Justice: What’S Next?, Michael M. O'Hear
Faculty Publications
No abstract provided.
Criminal Violations Of Environmental Laws: Model Sentencing Guidelines §2e1, Michael M. O'Hear
Criminal Violations Of Environmental Laws: Model Sentencing Guidelines §2e1, Michael M. O'Hear
Faculty Publications
No abstract provided.
Cunningham: Why Federal Practitioners And Policy Makers Should Pay Attention, Michael M. O'Hear
Cunningham: Why Federal Practitioners And Policy Makers Should Pay Attention, Michael M. O'Hear
Faculty Publications
No abstract provided.
Free Shoes For Primary And Secondary Schools: Playing By The Rules Of Title Ix, Patricia A. Cervenka
Free Shoes For Primary And Secondary Schools: Playing By The Rules Of Title Ix, Patricia A. Cervenka
Faculty Publications
Many credit Title IX with providing opportunities for girls to participate in athletics in greater numbers. The National Federation of State High School Associations show that the number of girls participating increased from 294,015 in 1971-1972 to 2,908,390 in 2004-2005, almost a tenfold increase. In the same time period the number of boys participating increased by 443,000. Girls participation has dramatically increased so the big picture is focused. Now attention is being drawn to some of the smaller aspects of Title IX compliance.
Shoe deals sidestep rules on equality in schools. Thus ran the headline in the Oregonian. The journalist …