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Articles 1 - 30 of 84
Full-Text Articles in Law
Book Review: The Aba Guide To Family Law: The Complete And Easy Guide To The Laws Of Marriage, Parenthood, Separation And Divorce, Judith G. Mcmullen
Book Review: The Aba Guide To Family Law: The Complete And Easy Guide To The Laws Of Marriage, Parenthood, Separation And Divorce, Judith G. Mcmullen
Faculty Publications
No abstract provided.
Character Is Everything: Promoting Ethical Excellence In Sports, Paul M. Anderson
Character Is Everything: Promoting Ethical Excellence In Sports, Paul M. Anderson
Faculty Publications
No abstract provided.
Book Review: Competition Regulation In The Pacific Rim, Ramon A. Klitzke
Book Review: Competition Regulation In The Pacific Rim, Ramon A. Klitzke
Faculty Publications
No abstract provided.
Book Review: Intellectual Property In Europe, Ramon A. Klitzke
Book Review: Intellectual Property In Europe, Ramon A. Klitzke
Faculty Publications
No abstract provided.
Remorse, Cooperation, And "Acceptance Of Responsibility": The Structure, Implementation, And Reform Of Section 3e1.1 Of The Federal Sentencing Guidelines, Michael M. O'Hear
Remorse, Cooperation, And "Acceptance Of Responsibility": The Structure, Implementation, And Reform Of Section 3e1.1 Of The Federal Sentencing Guidelines, Michael M. O'Hear
Faculty Publications
No abstract provided.
Rambo, The Sequel: Does Federal Law Permit An Award Of Nominal Disability Benefits To An Injured Longshoreman To Preserve The Right To Receive Future Benefits?, Jay E. Grenig
Faculty Publications
No abstract provided.
Is A Prosecutor Who Gives Sworn, But False, Statements To Obtain An Arrest Warrant Entitled To Absolute Immunity From Suit?, J. Gordon Hylton
Is A Prosecutor Who Gives Sworn, But False, Statements To Obtain An Arrest Warrant Entitled To Absolute Immunity From Suit?, J. Gordon Hylton
Faculty Publications
No abstract provided.
“Cram Down” In Bankruptcy: Is A Secured Creditor Entitled To Replacement Value, Foreclosure Value, Or The Average Of The Two?, Ralph C. Anzivino
“Cram Down” In Bankruptcy: Is A Secured Creditor Entitled To Replacement Value, Foreclosure Value, Or The Average Of The Two?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
“Take The Money And Run – Please”: Severance Payments And Waiver-Of-Claim Clauses Under The Age Discrimination In Employment Act, Alison Barnes
“Take The Money And Run – Please”: Severance Payments And Waiver-Of-Claim Clauses Under The Age Discrimination In Employment Act, Alison Barnes
Faculty Publications
No abstract provided.
“Of Crime And The River (Of Appeals)”: When Can A Federal Habeas Court Raise State Procedural Bars On Its Own Motion?, Daniel D. Blinka
“Of Crime And The River (Of Appeals)”: When Can A Federal Habeas Court Raise State Procedural Bars On Its Own Motion?, Daniel D. Blinka
Faculty Publications
No abstract provided.
Mixed Motives: Are City Council Members Absolutely Immune From Civil Rights Liability For Legislative Acts Taken For Both Lawful And Unlawful Reasons?, Jay E. Grenig
Faculty Publications
No abstract provided.
When Is A State Court Case A Federal Case? Or Can State Trial-Court Cases Of An Appellate Nature Be Taken To Federal Court?, Jay E. Grenig
When Is A State Court Case A Federal Case? Or Can State Trial-Court Cases Of An Appellate Nature Be Taken To Federal Court?, Jay E. Grenig
Faculty Publications
No abstract provided.
The American Legal Faith: Traditions, Contradictions And Possibilities, David Ray Papke
The American Legal Faith: Traditions, Contradictions And Possibilities, David Ray Papke
Faculty Publications
No abstract provided.
Professional Sports Franchise Relocations From Private Law And Public Law Perspectives: Balancing Marketplace Competition, League Autonomy, And The Need For A Level Playing Field, Matthew J. Mitten, Bruce W. Burton
Professional Sports Franchise Relocations From Private Law And Public Law Perspectives: Balancing Marketplace Competition, League Autonomy, And The Need For A Level Playing Field, Matthew J. Mitten, Bruce W. Burton
Faculty Publications
No abstract provided.
Foreward To Sports Law As A Reflection Of Society's Laws And Values, Matthew J. Mitten
Foreward To Sports Law As A Reflection Of Society's Laws And Values, Matthew J. Mitten
Faculty Publications
No abstract provided.
Section 10(B) And The Vagaries Of Federal Common Law: The Merits Of Codifying The Private Cause Of Action Under A Structuralist Approach, Edward A. Fallone
Section 10(B) And The Vagaries Of Federal Common Law: The Merits Of Codifying The Private Cause Of Action Under A Structuralist Approach, Edward A. Fallone
Faculty Publications
Few issues in the field of securities law have proved as controversial as the legitimacy and proper application of the implied private cause of action for securities fraud under Section 10(b) of the Securities Exchange Act of 1934 and its regulatory counterpart, Rule 10b-5. The Private Securities Litigation Reform Act of 1995 was expected by many observers to bring about sweeping changes in the implied private cause of action, which critics charge has been abused by overzealous litigants bringing frivolous lawsuits. In his timely article, Professor Fallone argues that most of the Private Securities Litigation Reform Act's changes to the …
Electronic Discovery: Making Your Opponent's Computer A Vital Part Of Your Legal Team, Jay E. Grenig
Electronic Discovery: Making Your Opponent's Computer A Vital Part Of Your Legal Team, Jay E. Grenig
Faculty Publications
No abstract provided.
"Practical Inconvenience" Or Conceptual Confusion: The Common-Law Genesis Of Federal Rule Of Evidence 703, Daniel D. Blinka
"Practical Inconvenience" Or Conceptual Confusion: The Common-Law Genesis Of Federal Rule Of Evidence 703, Daniel D. Blinka
Faculty Publications
No abstract provided.
Book Review: Religion In Public Life: A Dilemma For Democracy, Scott C. Idleman
Book Review: Religion In Public Life: A Dilemma For Democracy, Scott C. Idleman
Faculty Publications
No abstract provided.
The "Original Intent" Of U.S. International Taxation, Michael M. O'Hear, Michael J. Graetz
The "Original Intent" Of U.S. International Taxation, Michael M. O'Hear, Michael J. Graetz
Faculty Publications
No abstract provided.
How Fine Art Fares Post Vara, Roberta Rosenthal Kwall
How Fine Art Fares Post Vara, Roberta Rosenthal Kwall
Marquette Intellectual Property Law Review
Professor Kwall discusses the implications of the recently enacted Visual Artists Rights Act ("VARA"). VARA, the only U.S. statute addressing the issue of moral rights, attempts to protect an artist's personal rights in his own works. Kwall details the effectiveness of the Act in a society that has not traditionally recognized such rights. Professor Kwall examines the many flaws of VARA and supports further legislation to strengthen the protection of artists' moral rights.
Of Moral Right And Righteousness, Sharon W. Halpern
Of Moral Right And Righteousness, Sharon W. Halpern
Marquette Intellectual Property Law Review
In response to Professor Kwall's article, Professor Halpern provides an exploration of the differences between European countries that provide broad moral right protection and the United States. Professor Halpern recommends an examination of the role artists and creators of intellectual property play in the culture of the United States in order to form a consensus on which a United States moral right regime may be built.
Do Your Means Claims Mean What You Meant?, Jeffery N. Costakos, Walter E. Zimmerman
Do Your Means Claims Mean What You Meant?, Jeffery N. Costakos, Walter E. Zimmerman
Marquette Intellectual Property Law Review
The authors review recent decisions of the United States Court of Appeals for the Federal Circuit concerning "means claims" in order to provide practical guidelines and reduce the confusion surrounding 35 U.S.C. § 112 ¶ 6.
United States' Moral Right Developments In European Perspective, Marina Santilli
United States' Moral Right Developments In European Perspective, Marina Santilli
Marquette Intellectual Property Law Review
Professor Santilli provides a European perspective on the United States' recent enactment of VARA. She questions the United States' commitment to the recognition of moral rights by scrutinizing the effectiveness of the Act. Her article provides commentary on Professor Kwall's article and a comparative analysis of moral rights.
Procd, Inc. V. Zeindenberg: An Emerging Trend In Shrinkwrap Licensing?, Jerry David Monroe
Procd, Inc. V. Zeindenberg: An Emerging Trend In Shrinkwrap Licensing?, Jerry David Monroe
Marquette Intellectual Property Law Review
The author discusses the implications of the United States Court of Appeals for the Seventh Circuit's decision in ProCD, Inc. v. Zeindenberg. As Monroe explains, until this decision, the courts have been reluctant to uphold the legal consequences of shrinkwrap licenses. Monroe provides an analysis of the interplay between contract law and copyright law to provide a thorough understanding of this emerging trend in intellectual property.
The European "Community Trade Mark": Is It Worth The Bother?, Daniel G. Radler
The European "Community Trade Mark": Is It Worth The Bother?, Daniel G. Radler
Marquette Intellectual Property Law Review
In growing regional societies such as the European Union, there is a recognized need for standardization of trademark protection. Radler discusses the recent creation of the "Community Trade Mark" ("CTM") and analyzes the pros, the cons, and the alternatives to regional trademark protection within the EU. Concluding that the CTM is the most appropriate alternative, Radler suggests that the CTM provides uniformity, efficiency, and a means for further harmonization.
Are Alabama Sheriffs County Officials For Purposes Of Local Governmental Liability Under Federal Civil Rights Law?, J. Gordon Hylton
Are Alabama Sheriffs County Officials For Purposes Of Local Governmental Liability Under Federal Civil Rights Law?, J. Gordon Hylton
Faculty Publications
No abstract provided.
Law And The Concept Of The Core Self: Toward A Reconciliation Of Naturalism And Humanism, John L. Hill
Law And The Concept Of The Core Self: Toward A Reconciliation Of Naturalism And Humanism, John L. Hill
Marquette Law Review
No abstract provided.
Judicial Review Of International Arbitral Awards: Preserving Independence In International Commercial Arbitrations, Jessica L. Gelander
Judicial Review Of International Arbitral Awards: Preserving Independence In International Commercial Arbitrations, Jessica L. Gelander
Marquette Law Review
No abstract provided.