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Full-Text Articles in Law

Prevention Of Illness, Paul Bernstein Oct 2010

Prevention Of Illness, Paul Bernstein

Marquette Elder's Advisor

No abstract provided.


Table Of Contents For Volume 94 Issue 1, Marquette University Oct 2010

Table Of Contents For Volume 94 Issue 1, Marquette University

Marquette Law Review

None


The Artifice Of Local Growth Politics: At-Large Elections, Ballot-Box Zoning, And Judicial Review, Kenneth A. Stahl Oct 2010

The Artifice Of Local Growth Politics: At-Large Elections, Ballot-Box Zoning, And Judicial Review, Kenneth A. Stahl

Marquette Law Review

Municipalities throughout the nation are plagued by a seemingly unresolvable conflict between pro-growth development interests and skeptical homeowners’ groups who oppose growth near their neighborhoods. This paper uses southern California as a case study to examine the ways in which local political structural arrangements have contributed to this conflict, and the reasons why judicial challenges to these structural arrangements have had so little success. As I argue, local politics in southern California are structured in a way that fosters an artificial dichotomy between pro-growth and anti-growth positions, subverting the possibility of compromise and suppressing a wide range of views about ...


Patent Term Adjustment And Terminal Disclaimers: Are The Terms Of Patents Being Decided Ad Hoc?, Emily M. Hinkens Oct 2010

Patent Term Adjustment And Terminal Disclaimers: Are The Terms Of Patents Being Decided Ad Hoc?, Emily M. Hinkens

Marquette Law Review

The intersection of statutory law, common law, and administrative rulemaking prevents any certain predictions regarding the term of a patent that has been adjusted, extended, and/or terminally disclaimed in various combinations. This Comment poses a hypothetical situation in which the term of a terminally disclaimed patent is linked to another patent with term adjustment, and discusses the implications of such a linkage were the term of the former patent to be litigated. This Comment explores whether case law on terminal disclaimers, term extension, term adjustment, and judicial deference can help predict the outcome of such litigation, and ultimately concludes ...


Marquette University: The Dedication Of Eckstein Hall Oct 2010

Marquette University: The Dedication Of Eckstein Hall

Marquette Law Review

None.


Framing Change: Cause Lawyering, Constitutional Decisions, And Social Change, Mary Ziegler Oct 2010

Framing Change: Cause Lawyering, Constitutional Decisions, And Social Change, Mary Ziegler

Marquette Law Review

This article contends that current critics of change-oriented litigation assume a particular model of the relationship between law and social change: law is argued to mirror popular mores, and judicial decisions are thought at most to suppress unusual or outlying laws. This model is incomplete, because judicial decisions may help to change how a social cause is defined and labeled. In presenting a supplementary model, I argue that judicial decisions reframe debates, privileging some arguments, marginalizing others, altering the coalitions on either side, and influencing the types of legal reform those coalitions are able to pursue.

A series of state ...


Scaling The Lexicon Fortress: The United States Supreme Court’S Use Of Dictionaries In The Twenty-First Century, Jeffrey L. Kirchmeier, Samuel A. Thumma Oct 2010

Scaling The Lexicon Fortress: The United States Supreme Court’S Use Of Dictionaries In The Twenty-First Century, Jeffrey L. Kirchmeier, Samuel A. Thumma

Marquette Law Review

This Article examines the Court’s use of dictionaries in the first decade of the twenty-first century, building on previous research by Professor Kirchmeier and Judge Thumma regarding the Supreme Court’s history of using dictionaries. See Samuel A. Thumma & Jeffrey L. Kirchmeier, The Lexicon Has Become a Fortress: The United States Supreme Court’s Use of Dictionaries, 47 Buff. L. Rev. 227 (1999); Samuel A. Thumma & Jeffrey L. Kirchmeier, The Lexicon Remains a Fortress: An Update, 5 Green Bag 51 (2001).

During Supreme Court Terms 2000–2001 through 2009–2010, the Justices have referenced dictionary definitions to define nearly 300 words or phrases. Yet the Court has never expressly explained the proper role and use of the dictionary in American jurisprudence. The Article studies the frequency and the approach the Justices have taken to citing dictionaries in the new century, and it considers the Court’s lack of a reasoned process for selecting or using dictionaries.

Part I examines the frequency of dictionary use in the new century as compared to past use, comparing the different Justices with respect to their dictionary usage and the dictionaries most frequently cited by the Court. Part II addresses the stages of dictionary use, from the initial decision to use a dictionary to define a word to the selection of the dictionary and the choice of definitions. Part III examines some recent cases that illustrate the approaches taken in using dictionaries to define terms from various sources, including the United States Constitution, statutes, and prior cases. The Article includes three comprehensive appendices that compile information from the twenty-first century cases listing: (1) the terms defined by the Court with references to the cases; (2) the Justices who have used a dictionary in opinions (along with their frequency of use and which dictionaries are used); and (3) the dictionaries used by the Court. These appendices, when combined with the authors’ previous articles examining the Supreme Court’s dictionary use through the twentieth century, provide a comprehensive compilation of the use of ...


The “Original” Thirteenth Amendment: The Misunderstood Titles Of Nobility Amendment, Gideon M. Hart Oct 2010

The “Original” Thirteenth Amendment: The Misunderstood Titles Of Nobility Amendment, Gideon M. Hart

Marquette Law Review

This Article provides one of the first truly comprehensive accounts of the “Titles of Nobility Amendment.” The Titles of Nobility Amendment is one of only a handful of proposed amendments to the Constitution that were passed by Congress, but then not ratified by a sufficient number of states. The Amendment would have revoked the citizenship of any individual who accepted a “title of nobility or honor” or who accepted any “present, pension, office, or emolument” from any foreign state without congressional permission.

Despite its failure during the ratification process, the Amendment was printed in the 1815 version of the Statutes ...


That The Waters Shall Be Forever Free: Navigating Wisconsin’S Obligations Under The Public Trust Doctrine And The Great Lakes Compact, Gabe Johnson-Karp Oct 2010

That The Waters Shall Be Forever Free: Navigating Wisconsin’S Obligations Under The Public Trust Doctrine And The Great Lakes Compact, Gabe Johnson-Karp

Marquette Law Review

The implementation of the Great Lakes Compact stands to be a true “watershed” event in the protection of water resources in and around the Great Lakes. Nowhere is the administration of the Compact and its narrow exceptions more relevant now than in Wisconsin, where the city of Waukesha is preparing to submit the first request for an out-of-basin diversion under the Compact. The contentiousness of Waukesha’s diversion request is amplified by Wisconsin’s long tradition of strong natural resource protections, particularly by the operation of the public trust doctrine. That doctrine has been liberally construed, and extends protections to ...


Book Review: Raise The Bar: Real World Solutions For A Troubled Profession, Rebecca K. Blemberg Oct 2010

Book Review: Raise The Bar: Real World Solutions For A Troubled Profession, Rebecca K. Blemberg

Faculty Publications

No abstract provided.


Colonel Utley's Empancipation--Or, How Lincoln Offered To Buy A Slave, Jerrica A. Giles, Allen C. Guelzo Jul 2010

Colonel Utley's Empancipation--Or, How Lincoln Offered To Buy A Slave, Jerrica A. Giles, Allen C. Guelzo

Marquette Law Review

None


Lincoln And Constitutional Politics, Michael Les Benedict Jul 2010

Lincoln And Constitutional Politics, Michael Les Benedict

Marquette Law Review

None


The Other Thirteenth Amendment: Free African Americans And The Constitution That Wasn't, Stephen Kantrowitz Jul 2010

The Other Thirteenth Amendment: Free African Americans And The Constitution That Wasn't, Stephen Kantrowitz

Marquette Law Review

None


Abraham Lincoln, German-Born Republicans, And American Citizenship, Alison Clark Efford Jul 2010

Abraham Lincoln, German-Born Republicans, And American Citizenship, Alison Clark Efford

Marquette Law Review

None


Abraham Lincoln And The Politics Of Principle, Heather Cox Richardson Jul 2010

Abraham Lincoln And The Politics Of Principle, Heather Cox Richardson

Marquette Law Review

None


The Case For A Constitutional Definition Of Hearsay: Requiring Confrontation Of Testimonial Nonassertive Conduct And Statements Admitted To Explain An Unchallenged Investigation, James L. Kainen, Carrie A. Tendler Jul 2010

The Case For A Constitutional Definition Of Hearsay: Requiring Confrontation Of Testimonial Nonassertive Conduct And Statements Admitted To Explain An Unchallenged Investigation, James L. Kainen, Carrie A. Tendler

Marquette Law Review

None


Feminist (Or "Feminist") Reform Of Self-Defense Law: Some Critical Reflections, Joshua Dressler Jul 2010

Feminist (Or "Feminist") Reform Of Self-Defense Law: Some Critical Reflections, Joshua Dressler

Marquette Law Review

None


The Fourth Amendment And The Brave New World Of Online Social Networking, Nathan Petrashek Jul 2010

The Fourth Amendment And The Brave New World Of Online Social Networking, Nathan Petrashek

Marquette Law Review

None


Testing The Waters: Assessing Wisconsin's Regulatory Climate For Offshore Wind Projects, Marvin C. Bynum Ii Jul 2010

Testing The Waters: Assessing Wisconsin's Regulatory Climate For Offshore Wind Projects, Marvin C. Bynum Ii

Marquette Law Review

None


Table Of Contents For Volume 93 Issue 4, Marquette University Jul 2010

Table Of Contents For Volume 93 Issue 4, Marquette University

Marquette Law Review

None


Foreword: Laying The Foundation, Joseph D. Kearney Jul 2010

Foreword: Laying The Foundation, Joseph D. Kearney

Marquette Law Review

None


In Praise Of Whig Lawyering: A Commentary On Abraham Lincoln As Lawyer--And Politician, Joseph A. Ranney Jul 2010

In Praise Of Whig Lawyering: A Commentary On Abraham Lincoln As Lawyer--And Politician, Joseph A. Ranney

Marquette Law Review

None


Abraham Lincoln And The Rule Of Law Books, Mark E. Steiner Jul 2010

Abraham Lincoln And The Rule Of Law Books, Mark E. Steiner

Marquette Law Review

None


Civil, Political, And Social Equality After Lincoln: A Paradigm And A Problematic, Kate Masur Jul 2010

Civil, Political, And Social Equality After Lincoln: A Paradigm And A Problematic, Kate Masur

Marquette Law Review

None


Those Who Have Borne The Battle: Civil War Veterans, Pension Advocacy, And Politics, James Marten Jul 2010

Those Who Have Borne The Battle: Civil War Veterans, Pension Advocacy, And Politics, James Marten

Marquette Law Review

None


Innovation And Recovery, John F. Duffy Jul 2010

Innovation And Recovery, John F. Duffy

Marquette Intellectual Property Law Review

Crisis inevitably brings hope for recovery. The recent past has seen a great economic crisis and a crisis in the patent system. Precisely because crisis reveals the flaws in the old, recovery demands the new; it demands innovation. Economic crisis thus makes recovery in the patent system especially urgent because it reveals the degree to which continuing prosperity depends on society's ability to reorganize itself, to change, to innovate. Towards that end, society should reconsider how our patent system makes judgments about invention. More specifically, Professor Duffy will seek to show through this lecture that the change most necessary ...


The Time And Place For "Technology-Shifting" Rights, Max Stul Oppenheimer Jul 2010

The Time And Place For "Technology-Shifting" Rights, Max Stul Oppenheimer

Marquette Intellectual Property Law Review

Intellectual property policy requires balance between the goal of motivating innovation and the need to prevent that motivation from stifling further innovation. The constitutional grant of congressional power to motivate innovation by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries is qualified by the requirement that congressional enactments under the Intellectual Property Clause promote progress. The Supreme Court has already recognized a time-shifting exception to the intellectual property rights of innovators and lower courts have recognized a place-shifting exception. It is now the time and place for a general technology-shifting exception ...


Actual Or Hypothetical: Determining The Proper Test For Trademark Licensee Rights In Bankruptcy, Laura D. Steele Jul 2010

Actual Or Hypothetical: Determining The Proper Test For Trademark Licensee Rights In Bankruptcy, Laura D. Steele

Marquette Intellectual Property Law Review

As trademark rights become an increasingly valuable asset in Chapter 11 reorganizations, it is critical for Congress and the courts to clarify how trademarks will be treated in bankruptcy, particularly where the debtor is a trademark licensee. Without clarity, Chapter 11 reorganization may not be a viable option. This Comment urges that trademark licensees should not be stripped of a license simply because the licensee enters bankruptcy. Rather, where a licensee intends only to continue using an existing license under the terms of the existing agreement with the licensor, the licensee's use of that license should be uninterrupted during ...


Lessons Learned From Fifteen Years In The Trenches Of Patent Litigation , Rick Mcdermott Jul 2010

Lessons Learned From Fifteen Years In The Trenches Of Patent Litigation , Rick Mcdermott

Marquette Intellectual Property Law Review

Marquette Law alum and partner with Alston+Bird, LLP, offers insights into patent litigation. In his speech, given March 5, 2010, McDermott examines how patent law developments such as Markman v. Westview Instruments, Cybor Corp. v. FAS Technologies, Inc., and In re Seagate have impacted the practice of patent infringement litigation.


Quilt Artists: Left Out In The Cold By The Visual Artists Rights Act Of 1990, Michelle Moran Jul 2010

Quilt Artists: Left Out In The Cold By The Visual Artists Rights Act Of 1990, Michelle Moran

Marquette Intellectual Property Law Review

The United States Copyright Act with the inclusion of the Visual Artists Rights Act of 1990 (VARA) gives sculptors, painters, and photographers a bundle of rights that include the moral rights of attribution and integrity. However, the artistic efforts of artists who create quilts, whether the original purpose was to hang the quilt on the wall or to provide warmth and comfort on a bed, are not included in VARA due to the exclusion of applied art from VARA. This Comment contends that the Congressional intent to protect the highly personal connection artists have to their creations supports extending the ...