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Marquette University Law School

Faculty Publications

2002

Articles 1 - 16 of 16

Full-Text Articles in Law

When Voters Choose The Sentence: The Drug Policy Initiatives In Arizona, California, Ohio, And Michigan, Michael M. O'Hear Jan 2002

When Voters Choose The Sentence: The Drug Policy Initiatives In Arizona, California, Ohio, And Michigan, Michael M. O'Hear

Faculty Publications

No abstract provided.


The New Politics Of Sentencing, Michael M. O'Hear Jan 2002

The New Politics Of Sentencing, Michael M. O'Hear

Faculty Publications

No abstract provided.


The Long And Arduous Journey To Truth-In-Sentencing In Wisconsin, Thomas J. Hammer Jan 2002

The Long And Arduous Journey To Truth-In-Sentencing In Wisconsin, Thomas J. Hammer

Faculty Publications

No abstract provided.


The Virtues Of Corporate And Professional Guardians, Alison Barnes Jan 2002

The Virtues Of Corporate And Professional Guardians, Alison Barnes

Faculty Publications

No abstract provided.


Can An Employer Reject An Applicant Because The Workplace Would Threaten His Health?, Ralph C. Anzivino Jan 2002

Can An Employer Reject An Applicant Because The Workplace Would Threaten His Health?, Ralph C. Anzivino

Faculty Publications

No abstract provided.


Can A State Waive Its Immunity By Removing A Case From State To Federal Court?, Jay E. Grenig Jan 2002

Can A State Waive Its Immunity By Removing A Case From State To Federal Court?, Jay E. Grenig

Faculty Publications

No abstract provided.


Can The Disparate Impact Method Of Proving Discrimination Establish An Adea Violation?, Jay E. Grenig Jan 2002

Can The Disparate Impact Method Of Proving Discrimination Establish An Adea Violation?, Jay E. Grenig

Faculty Publications

No abstract provided.


When Can The Nlrb Sanction An Employer For Filing A Losing Retaliatory Lawsuit?, Jay E. Grenig Jan 2002

When Can The Nlrb Sanction An Employer For Filing A Losing Retaliatory Lawsuit?, Jay E. Grenig

Faculty Publications

No abstract provided.


The Civil Docket: From Civil Rights To Social Security, Jay E. Grenig Jan 2002

The Civil Docket: From Civil Rights To Social Security, Jay E. Grenig

Faculty Publications

No abstract provided.


Does The Federal Boat Safety Act Preempt State Common-Law Tort Claims?, Ralph C. Anzivino Jan 2002

Does The Federal Boat Safety Act Preempt State Common-Law Tort Claims?, Ralph C. Anzivino

Faculty Publications

No abstract provided.


When Should A Court Rather Than An Arbitrator Decide Whether A Claim Is Arbitrable?, Jay E. Grenig Jan 2002

When Should A Court Rather Than An Arbitrator Decide Whether A Claim Is Arbitrable?, Jay E. Grenig

Faculty Publications

No abstract provided.


When Can A State Agency Use A Child's Social Security Benefits To Pay For Foster Care Expenses?, Jay E. Grenig Jan 2002

When Can A State Agency Use A Child's Social Security Benefits To Pay For Foster Care Expenses?, Jay E. Grenig

Faculty Publications

No abstract provided.


When Does Organized Protest Activity Violate The Racketeer Influenced And Corrupt Organizations Act?, Ralph C. Anzivino Jan 2002

When Does Organized Protest Activity Violate The Racketeer Influenced And Corrupt Organizations Act?, Ralph C. Anzivino

Faculty Publications

No abstract provided.


Religious Premises, Legislative Judgments, And The Establishment Clause, Scott C. Idleman Jan 2002

Religious Premises, Legislative Judgments, And The Establishment Clause, Scott C. Idleman

Faculty Publications

This article addresses the constitutionality under the First Amendment Establishment Clause of the legislative use of religious premises - particularly religious moral premises--in the formulation of regulatory and criminal statutes. Although much scholarly writing has been devoted to analyzing the philosophical acceptability of such legislative reliance, very little has been written specifically addressing the issue under the Establishment Clause, which is, of course, a question of great potential significance to actual or prospective litigants, to legislators and legislative drafters, and ultimately to judges. The analysis consists of three perspectives: the tests or doctrines of the Establishment Clause, the special role …


A Cart That Accommodates: Using Case Law To Understand The Ada, Sports, And Casey Martin, Paul M. Anderson Jan 2002

A Cart That Accommodates: Using Case Law To Understand The Ada, Sports, And Casey Martin, Paul M. Anderson

Faculty Publications

No abstract provided.


Shattering Negotiation Myths: Empirical Evidence On The Effectiveness Of Negotiation Style, Andrea Kupfer Schneider Jan 2002

Shattering Negotiation Myths: Empirical Evidence On The Effectiveness Of Negotiation Style, Andrea Kupfer Schneider

Faculty Publications

This article provides a current look at how lawyers actually negotiate and should serve to shatter the myth that adversarial bargaining is more effective and less risky than problem-solving. The data reported herein is based on a wide-ranging study that asked lawyers to evaluate the negotiation styles and the resulting effectiveness of other lawyers. First, the study shows that effective negotiators exhibit certain identifiable skills. For example, the research indicates that a negotiator who is assertive and empathetic is perceived as more effective. The study also reveals distinctive characteristics of ineffective negotiators, who are more likely to be stubborn, arrogant, …