Law Commons^™

Observations From An American Conflict Resolution Professional In Serbia On The Effects Of The Accessibility Of International Media, Lynn M. Malley

Marquette Law Review

In this Essay, I will address media coverage of four incidents that occurred while I was living and teaching in Belgrade, the capital of Serbia and Montenegro, during 2003 to 2005: the March 2004 violence in Kosovo; a visit to Sarajevo, the capital of Bosnia and Herzegovina, in January 2005; the International Competition for Online Dispute Resolution (ICODR) during the winter of 2005; and a remembrance of the tenth anniversary of the Srebrenica Massacre in May 2005.

It is the business of conflict resolution professionals to look beyond the contours of the conflict situations in which they work. Filling in …

Mediating Post-Conflict Dialogue: The Media's Role In Transitional Justice Processes, Lisa J. Laplante, Kelly Phenicie

Marquette Law Review

For many post-conflict countries like Peru, the end of gunfire does not necessarily imply an end to internal conflict. Remaining post-conflict societal friction may even be as threatening to long-lasting peace as the war itself. This situation may be attributed, in part, to the media’s failure to adequately mediate conflicting views of a country’s history—its causes and consequences, its villains and heroes. Certainly, newspapers, radio, and television, as well as the newly emerging micromedia (e.g., e-mail) and middle media (e.g., web logs or “blogs”), reach huge audiences on a daily basis before, during, or after conflict. As primary information sources …

A Delicate Balance Of Life Tenure And Independence: Conditional Resignations From The Federal Bench, Allison A. Luczak

Marquette Law Review

Judicial selection, including judicial resignations, nominations, and confirmations, is comprised of a patchwork of traditions, rules, and constitutional provisions. The Constitution does not explicitly detail a formalized process at any stage of the appointments process, but checks and balances have organically developed and changed over time as the process has become more politicized. The question becomes, then, whether conditional resignations comport with this system or the Framers’ intent. At the Supreme Court level, conditional resignations are rare. Only a handful of conditional resignations have ever been submitted. At the court of appeals and district court levels, it is unclear how …

Internships In Sports Management Curriculum: Should Legal Implications Of Experiential Learning Result In The Elimination Of The Sport Management Internship?, Kristi L. Schoepfer, Mark Dodds

Marquette Sports Law Review

No abstract provided.

Book Review: Headless Horsemen: A Tale Of Chemical Colts, Subprime Sales Agents, And The Last Kentucky Derby On Steroids, Andrew Medeiros

Marquette Sports Law Review

No abstract provided.

Book Review: Playing With The Boys: Why Separate Is Not Equal In Sports, Jeremy Goff

Marquette Sports Law Review

No abstract provided.

Oral History And The Study Of The Judiciary, Chad M. Oldfather

Faculty Publications

This essay, which is a review of William Domnarski’s “Federal Judges Revealed” (Oxford University Press, 2008), explores the usefulness of oral history as a vehicle for understanding the judiciary. “Federal Judges Revealed” presents the insights gleaned from a study of over 100 oral histories given by Article III judges, ranging across the span of the judges’ lives. The essay first explores the methodological strengths and weaknesses of oral history as a general matter, and then further develops the analysis through a review of three oral histories given by the late Seventh Circuit Judge Thomas Fairchild. The essay then turns specifically …

Charters, Compacts, And Tea Parties: The Decline And Resurrection Of A Delegation View Of The Constitution, Edward A. Fallone

Faculty Publications

This article seeks to address a gap in constitutional law scholarship: the absence of a systematic examination of the manner in which the contractual nature of the Constitution illuminates the original understanding of the text. By closely examining the historical evidence, I argue that the interpretation of the Constitution has been influenced by dueling conceptions of contractual origin. One view treats the Constitution as a charter that delegates limited and defined authority to the federal government. The second view treats the Constitution as a compact the terms of which reflect a bargain between the federal government and a discrete body …

The Contemporary “Fist Inside The Velvet Glove”: Employer Captive Audience Meetings Under The Nlra, Paul M. Secunda

Faculty Publications

One of the more effective anti-union techniques used by employers during labor organizational campaigns is the holding of employee captive audience meetings. Employees, in the midst of deciding whether or not to join a union, are compelled to attend an assembly where management has a one-way conversation with them about the evils of unionism. These meetings occur during working hours, when the employer is best able to exert its economic authority over employees and to play on fears of job loss if employees vote for the union.

While employees are free to leave these meetings in the formal sense, they …

Does The "Bona Fide" Error Defense Of The Fair Debt Collection Practices Act Include Mistakes Of Law?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

“Sports Law”: Implications For The Development Of International, Comparative, And National Law And Global Dispute Resolution, Matthew J. Mitten, Hayden Opie

Faculty Publications

In this Article, we observe that legal regulation of national and international sports competition has become extremely complex and has entered a new era, which provides fertile ground for the creation and evolution of broader legal jurisprudence with potentially widespread influence and application. Our principal aim is to draw these developments to the attention of legal scholars and attorneys not necessarily familiar with sports law. Specifically, the evolving law of sports is having a significant influence on the development of international and national laws, is establishing a body of substantive legal doctrine ripe for analysis from a comparative law perspective, …