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Full-Text Articles in Law

Codify This: Exculpatory Contracts In Wisconsin Recreational Businesses, Blake A. Nold Dec 2017

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 …


Pluralism Applied: A Concordant Approach To Selecting Contract Rules, Samuel F. Ernst Sep 2017

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 …


A Baby Step: The Status Of Surrogacy Law In Wisconsin Following Rosecky V. Schissel, Joshua J. Bryant Jun 2015

A Baby Step: The Status Of Surrogacy Law In Wisconsin Following Rosecky V. Schissel, Joshua J. Bryant

Marquette Law Review

Surrogacy is an ancient and rapidly expanding industry in the United States and abroad. Despite this, the legal landscape governing surrogacy contracts remains tenuous in a majority of states—including Wisconsin. In 2013, the Wisconsin Supreme Court took the first step in developing surrogacy contract law in Wisconsin. Absent legislative guidance, the court fashioned a reasonable foundation for surrogacy contracts. However, its decision does little to ensure that intending parents and surrogate mothers who enter into such agreements fully understand their responsibilities and have assurances that their expectations will be met. This Comment does not seek to argue, as many others …


The Disappearance Of A Dinosaur: Reassignment Clauses Are Losing Their Footing In College Coaches' Contracts, Martin J. Greenberg, Brandon Leibsohn Jan 2014

The Disappearance Of A Dinosaur: Reassignment Clauses Are Losing Their Footing In College Coaches' Contracts, Martin J. Greenberg, Brandon Leibsohn

Marquette Sports Law Review

No abstract provided.


A Sports Seminar With A Free Agent Market Exercise , Alfred Dennis Mathewson Jan 2008

A Sports Seminar With A Free Agent Market Exercise , Alfred Dennis Mathewson

Marquette Sports Law Review

No abstract provided.


A Study Of Division I Assistant Football And Mens' Basketball Coaches' Contracts, Martin J. Greenberg, Jay S. Smith Jan 2007

A Study Of Division I Assistant Football And Mens' Basketball Coaches' Contracts, Martin J. Greenberg, Jay S. Smith

Marquette Sports Law Review

No abstract provided.


Termination Of College Coaching Contracts: When Does Adequate Cause To Terminate Exist And Who Determines Its Existence?, Martin J. Greenberg Jan 2006

Termination Of College Coaching Contracts: When Does Adequate Cause To Terminate Exist And Who Determines Its Existence?, Martin J. Greenberg

Marquette Sports Law Review

No abstract provided.


Affirmative Injunctions In Athletic Employment Contracts: Rethinking The Place Of The Lumley Rule In American Sports Law, Geoffrey Christopher Rapp Jan 2006

Affirmative Injunctions In Athletic Employment Contracts: Rethinking The Place Of The Lumley Rule In American Sports Law, Geoffrey Christopher Rapp

Marquette Sports Law Review

No abstract provided.


Coaching In The National Football League: A Market Survey And Legal Review, Robert H. Lattinville, Robert A. Boland Jan 2006

Coaching In The National Football League: A Market Survey And Legal Review, Robert H. Lattinville, Robert A. Boland

Marquette Sports Law Review

No abstract provided.


Deterring Player Holdouts: Who Should Do It, How To Do It, And Why It Has To Be Done, Basil M. Loeb Jan 2001

Deterring Player Holdouts: Who Should Do It, How To Do It, And Why It Has To Be Done, Basil M. Loeb

Marquette Sports Law Review

No abstract provided.


The National Basketball Association And The National Basketball Players Association Opt To Cap Off The 1988 Collective Bargaining Agreement With A Full Court Press: In Re Chris Dudley, Michelle Hertz Jan 1995

The National Basketball Association And The National Basketball Players Association Opt To Cap Off The 1988 Collective Bargaining Agreement With A Full Court Press: In Re Chris Dudley, Michelle Hertz

Marquette Sports Law Review

No abstract provided.


A Gauntlet For The Glove: The Challenge To English Boxing Contracts, Steve Greenfield, Guy Osborn Jan 1995

A Gauntlet For The Glove: The Challenge To English Boxing Contracts, Steve Greenfield, Guy Osborn

Marquette Sports Law Review

No abstract provided.


The Use Of Contract Interpretation By Professional Sports Arbitrators, James Gilbert Rappis Jan 1993

The Use Of Contract Interpretation By Professional Sports Arbitrators, James Gilbert Rappis

Marquette Sports Law Review

No abstract provided.


Negotiation Of Men's Basketball Contracts Abroad, David Adkins Jan 1993

Negotiation Of Men's Basketball Contracts Abroad, David Adkins

Marquette Sports Law Review

No abstract provided.


Contract Negotiations And Salary Arbitration In The Nhl…An Agent's View, Stephen J. Bartlett Jan 1993

Contract Negotiations And Salary Arbitration In The Nhl…An Agent's View, Stephen J. Bartlett

Marquette Sports Law Review

No abstract provided.


The Art Of Contract Negotiation, David B. Falk Jan 1992

The Art Of Contract Negotiation, David B. Falk

Marquette Sports Law Review

No abstract provided.


Representation Of College Coaches In Contract Negotiations, Martin J. Greenberg Jan 1992

Representation Of College Coaches In Contract Negotiations, Martin J. Greenberg

Marquette Sports Law Review

No abstract provided.