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Articles 1 - 30 of 77
Full-Text Articles in Law
Personhood Under The Fourteenth Amendment, Vincent J. Samar
Personhood Under The Fourteenth Amendment, Vincent J. Samar
Marquette Law Review
This Article examines recent claims that the fetus be afforded the status of a person under the Fourteenth Amendment. It shows that such claims do not carry the necessary objectivity to operate reasonably in a pluralistic society. It then goes on to afford what a better view of personhood that could so operate might actually look like. Along the way, this Article takes seriously the real deep concerns many have for the sanctity of human life. By the end, it attempts to find a balance for those concerns with the view of personhood offered that should engage current debates about …
Morality And Securities Fraud, Jayme Herschkopf
Morality And Securities Fraud, Jayme Herschkopf
Marquette Law Review
Securities fraud features prominently in conversations about financial reform, and for good reason. In addition to the disproportionate number of securities fraud lawsuits and government actions filed every year, securities fraud case law is frequently consulted as an analytical aid for other types of corporate fraud. And yet, in discussing the interpretation and application of the securities laws, scholars, judges, and lawmakers alike have largely overlooked a feature of securities fraud that could offer significant assistance in many challenging areas: namely, that securities fraud, including civil securities fraud, has a pronounced moral dimension.
This Article explores the role that moral …
Current Navigation Points In Drug Diversion Law: Hidden Rocks In Shallow, Murky, Drug-Infested Waters, John J. Mulrooney Ii, Katherine E. Legel
Current Navigation Points In Drug Diversion Law: Hidden Rocks In Shallow, Murky, Drug-Infested Waters, John J. Mulrooney Ii, Katherine E. Legel
Marquette Law Review
None
Codify This: Exculpatory Contracts In Wisconsin Recreational Businesses, Blake A. Nold
Codify This: Exculpatory Contracts In Wisconsin Recreational Businesses, Blake A. Nold
Marquette Law Review
It is common practice for recreational businesses, such as ski resorts or fitness centers, to require their customers to sign a release of liability form. The purpose of this release form is to relieve the business from any potential liability in the event a customer suffers an injury. However, since 1982, the Wisconsin Supreme Court has yet to uphold an exculpatory contract. Rather than attempting to lay out principles and guidelines for how to draft an exculpatory agreement—in hopes that it will be ruled enforceable—this Comment proposes that Wisconsin recreational businesses, like ski resorts or gyms, should not require customers …
A Consumer Protection Rationale For Regulation Of Tax Return Preparers, Pippa Browde
A Consumer Protection Rationale For Regulation Of Tax Return Preparers, Pippa Browde
Marquette Law Review
Of the 150 million tax returns filed each year, approximately fifty-six percent are prepared with the help of a paid preparer. Although state-licensed lawyers and certified public accountants may prepare tax returns for clients, the vast majority of paid tax return preparers are completely unregulated. For low-income taxpayers who are eligible for refundable tax credits, these unregulated tax return preparers do more than just fill out tax returns. Return preparers who serve low-income taxpayers often also market consumer credit products, such as refund anticipation loans or checks.
Government agencies and consumer advocates have documented widespread problems with the tax return …
Table Of Contents
Marquette Benefits and Social Welfare Law Review
No abstract provided.
An Intersectional Approach To Homelessness: Discrimination And Criminalization
An Intersectional Approach To Homelessness: Discrimination And Criminalization
Marquette Benefits and Social Welfare Law Review
The purpose of this essay is to address discrimination against homeless people. First of all, the theory of intersectionality will be explained and then applied as a method of analysis. The complexity of defining homelessness will be tackled, focusing on the difficulties encountered when approaching this concept. I will discuss notions of protected ground and immutability of personal characteristics, then outline an intersectional approach to homelessness. Intersectional discrimination has not yet been applied by many courts and tribunals, but Canada has proven to be a vanguard in this area. For this reason, Canadian case law has been chosen as the …
Comment: The Flint Water Crisis: A National Warning Of Failing Infrastructure
Comment: The Flint Water Crisis: A National Warning Of Failing Infrastructure
Marquette Benefits and Social Welfare Law Review
I look at the Flint, Michigan Water Crisis from a combined perspective that broadens the scope of one of the worst manmade environmental disasters in the history of the United States. The goal of this examination is to bring attention to preventable environmental catastrophes, and put a spotlight on the policies and governing philosophies, which aggregated into neglect to the health of the people of Flint. I briefly analyze Michigan’s emergency manager law’s role in fostering the poor oversight that allowed the crisis to spiral out of control. I then pivot to the nation’s water infrastructure and regulatory environment at …
Activation Measures In Social Security: Lessons From The Dutch Case
Activation Measures In Social Security: Lessons From The Dutch Case
Marquette Benefits and Social Welfare Law Review
Dutch social security has undergone important changes since the 1990s, in that the focus shifted from predominantly compensating the loss of income into giving incentives for claimants and benefits recipients to stay in or get back to work. While still providing a relatively high level of benefit if there is no chance to work (to the full extent), the legislature has been quite creative in adopting conditions that stimulate persons to do their best to be in work. For this purpose, this is interesting for an American audience, since the USA system is far less generous out of fear that …
The Prosecution Of Climate Change Dissent
The Prosecution Of Climate Change Dissent
Marquette Benefits and Social Welfare Law Review
A May 2015 op-ed in the Washington Post by Sen. Sheldon Whitehouse (D. RI) accused the fossil fuel industry of funding a campaign to mislead Americans about the environmental harm caused by carbon pollution. The Attorney Generals of New York and Massachusetts began investigating Exxon Mobil. We look at these two investigations through the lenses of the federal mail and wire fraud statutes (at issue in the racketeering case against big tobacco), and the First Amendment.
We analyze the difficulty of prosecuting someone under the federal mail and wire fraud statutes for expressing an opinion, and discuss why scientific statements …
Success, Merit, And Capital In America, Eli Wald
Pluralism Applied: A Concordant Approach To Selecting Contract Rules, Samuel F. Ernst
Pluralism Applied: A Concordant Approach To Selecting Contract Rules, Samuel F. Ernst
Marquette Law Review
Contract rules can be justified by utilitarian theories (such as efficiency theory), which are concerned with promoting rules that enhance societal wealth and utility. Contract rules can also be justified by rights-based theories (such as promissory and reliance theories), which are concerned with protecting the contractual freedom and interests ofthe individual parties to the contract. Or, contract rules can be analyzed through the lenses of a host of other theories, including critical legal theory, bargain theory, and so on. Because no single, unitary theory can ever explain the complex body of laws and societal conventions surrounding contracts, the best rule …
Smoking Guns: The Supreme Court's Willingness To Lower Procedural Barriers To Merits Review In Cases Involving Egregious Racial Bias In The Criminal Justice System, Carrie Leonetti
Marquette Law Review
The systematic foreclosure of federal-court review of even the most meritorious federal constitutional challenges of state criminal convictions has made review on the merits of an inmate’s claim that a state court violated the U.S. Constitution in adjudicating a criminal case exceedingly rare. Nonetheless, over the past two terms, the Supreme Court appears to have started down a different road, overlooking potential procedural hurdles in several cases to uphold on the merits state inmates’ claims that their criminal trials were tainted by explicit race discrimination. While these cases taken together seem to suggest that the Court is willing to address …
Law As Instrumentality, Jeremiah A. Ho
Law As Instrumentality, Jeremiah A. Ho
Marquette Law Review
Our conceptions of law affect how we objectify the law and ultimately how we study it. Despite a century’s worth of theoretical progress in American law—from legal realism to critical legal studies movements and postmodernism—the formalist conception of“law as science,” as promulgated by Christopher Langdell at Harvard Law School in the late-nineteenth century, continues to influence the inductive methodologies used today to impart knowledge in American legal education. This lasting influence of the Langdellian scientific conception of law has persisted even as the present crisis in legal education has engendered other reforms. However, subsequent movements of legal thought have revealed …
Redistricting Reform In Wisconsin To Curtail Gerrymandering: The Wisconsin Impartial Citizens Redistricting Commission, Joseph W. Bukowski
Redistricting Reform In Wisconsin To Curtail Gerrymandering: The Wisconsin Impartial Citizens Redistricting Commission, Joseph W. Bukowski
Marquette Law Review
After an extremely partisan gerrymander in 2011, Wisconsin needs redistricting reform in order to eliminate partisan politics from the process. Now more than ever, momentum for change has reached its peak: the Wisconsin legislative maps as drawn in 2011 were ruled unconstitutional in Whitford v. Gill; the Supreme Court has recently ruled in favor of states implementing independent redistricting commissions; and nearly half of the states in the United States are beginning to use independent commissions for redistricting. This Comment proposes a unique approach for Wisconsin to adopt in order to curtail gerrymandering: the Wisconsin Impartial Citizens Redistricting Commission (WICRC). …
Intersectional Complications Of Healthism
Intersectional Complications Of Healthism
Marquette Benefits and Social Welfare Law Review
None
Essay: Setting The Bases Of A Policy Framework To Cover Old-Age Risk
Essay: Setting The Bases Of A Policy Framework To Cover Old-Age Risk
Marquette Benefits and Social Welfare Law Review
This Essay proposes a coherent vision about the protection of old-age pensions and establishes a public policy strategy that allows the protection of a country's entire population. If attempts to connect the action of the State, through the notion of the welfare state, with the protection of pension systems. It proposes three levels of protection: (1) the welfare state, (2) state regulation, and (3) pension scheme regulation. The first Section of this Essay reviews welfare states, explains their categories, and discusses their protective effects. The second Section examines how to structure the various pension schemes into a coherent pension system …
Some Thoughts On "Healthism" And Employee Benefits In The Age Of Trump
Some Thoughts On "Healthism" And Employee Benefits In The Age Of Trump
Marquette Benefits and Social Welfare Law Review
None
Tobacco Denormalization, Anti-Healthism, And Health Justice
Tobacco Denormalization, Anti-Healthism, And Health Justice
Marquette Benefits and Social Welfare Law Review
None
Healthism, Intersectionality, And Health Insurance: The Compounded Problems Of Healthist Discrimination
Marquette Benefits and Social Welfare Law Review
Healthism can identify situations where a person is subject to a particular form of bigotry based on their individual health status. In health insurance, some forms of healthism are unavoidable due to the very nature of health insurance structures. However, when analyzing health insurance programs, particularly those that are funded through government, it is possible to utilize a healthism framework to, first, recognize and minimize and potentially ameliorate the worst effects of healthism combined with intersectionality. This Essay analyzes these issues as they relate to health insurance, Medicare, and the potential role of the Independent Payment Advisory Board.
Keinitz V. Sconnie Nation, Llc: The Seventh Circuit's Necessary Resistance To Defining The Fair Use Doctrine Solely In Terms Of Transformativeness, Alexander Perwich
Keinitz V. Sconnie Nation, Llc: The Seventh Circuit's Necessary Resistance To Defining The Fair Use Doctrine Solely In Terms Of Transformativeness, Alexander Perwich
Marquette Intellectual Property Law Review
Under the fair use doctrine, use of a copyrighted work is not an infringement on a copyright if, after consideration of four factors, a court considers the use to be fair. The four factors courts are required to consider are: (1) “the purpose and character of the use;” (2) “the nature of the copyrighted work;” (3) “the amount and substantiality of the portion used in relation to the copyrighted work as a whole;” and (4) the effect the use has on “the potential market for or value of the original copyrighted work.” A circuit split exists between the Second and …
Undressing The Locker Room Issue: Applying Title Ix To The Legal Battle Over Locker Room Equality For Transgender Student-Athletes, Meghan M. Pirics
Undressing The Locker Room Issue: Applying Title Ix To The Legal Battle Over Locker Room Equality For Transgender Student-Athletes, Meghan M. Pirics
Marquette Sports Law Review
None
Mitchell's Story: A Cautionary Tale Of Underlying Cardiovascular Disease And The Call For Increased Pre-Participation Sports Physicals At The Intercollegiate Level, Jessica M. Goldstein
Mitchell's Story: A Cautionary Tale Of Underlying Cardiovascular Disease And The Call For Increased Pre-Participation Sports Physicals At The Intercollegiate Level, Jessica M. Goldstein
Marquette Sports Law Review
None
The Waiting Game: Examining Labor Law And Reasons Why The Wnba Needs To Change Its Age/Education Policy, Jessica L. Hendrick
The Waiting Game: Examining Labor Law And Reasons Why The Wnba Needs To Change Its Age/Education Policy, Jessica L. Hendrick
Marquette Sports Law Review
None
The International Right To Sport For People With Disabilities, Maureen A. Weston
The International Right To Sport For People With Disabilities, Maureen A. Weston
Marquette Sports Law Review
None
Mixed Martial Artists: Challenges To Unionization, Genevieve F.E. Birren, Tyler J. Schmitt
Mixed Martial Artists: Challenges To Unionization, Genevieve F.E. Birren, Tyler J. Schmitt
Marquette Sports Law Review
None
Trademark Use Doctrine In The European Union And Japan, Martin Husovec
Trademark Use Doctrine In The European Union And Japan, Martin Husovec
Marquette Intellectual Property Law Review
None
A Cure For Twitch: Compulsory License Promoting Video Game Live-Streaming, Yang Qiu
A Cure For Twitch: Compulsory License Promoting Video Game Live-Streaming, Yang Qiu
Marquette Intellectual Property Law Review
New technology always bring challenges to Chinese legislation. In recent years, based on technological development of network transmission, video game streaming platforms like “Twitch.tv” have made “big” money. The problem, however, is that the streaming content on those platforms involve copyrightable video games, which infringe game publishers’ copyright, if the streaming platform lacks authorization. And only a few of the streaming platforms and streamers have licenses from game publishers. Nowadays, most game publishers allow streaming to exist because they view the streaming as free advertisement for their games. By making these allowances, the game publishers stay in their fans’ good …
Private Or Public Right? Who Should Adjudicate Patentability Disputes And Is The Current Scheme Really Constitutional?, Jasmyne M. Baynard
Private Or Public Right? Who Should Adjudicate Patentability Disputes And Is The Current Scheme Really Constitutional?, Jasmyne M. Baynard
Marquette Intellectual Property Law Review
“The patent bargain is the foundation upon which the patent system is built: in exchange for protections for an invention, the inventor agrees to make public their inventions so that others may build upon it.” The patent bargain creates a presumption of protection for the inventors, yet categorizing the patent a public right or a private right has diminished expectations for inventors and confusion for the masses. On October 11, 2016, the Supreme Court denied two petitions for writ of certiorari that challenged the constitutionality of Patent Trial and Review Board proceedings on the basis of the patent owner’s Seventh …