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Marquette University Law School

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Articles 1 - 30 of 6206

Full-Text Articles in Law

Stadium Development: Special Treatment From Special Legislation, Caleb Tomaszewski Jan 2020

Stadium Development: Special Treatment From Special Legislation, Caleb Tomaszewski

Marquette Sports Law Review

None


Sports Law In Law Reviews And Journals, Audrey Johnson Jan 2020

Sports Law In Law Reviews And Journals, Audrey Johnson

Marquette Sports Law Review

None


Who Knows The Difference Between Competitive Cheerleading, Sideline Cheerleading, Acrobatics And Tumbling? Why This Distinction Is So Important For Title Ix, Alexandra Zdunek Jan 2020

Who Knows The Difference Between Competitive Cheerleading, Sideline Cheerleading, Acrobatics And Tumbling? Why This Distinction Is So Important For Title Ix, Alexandra Zdunek

Marquette Sports Law Review

No abstract provided.


Index: Sports Law In Law Reviews And Journals, Alexandra Zdunek, Andrew Guzek Jan 2020

Index: Sports Law In Law Reviews And Journals, Alexandra Zdunek, Andrew Guzek

Marquette Sports Law Review

No abstract provided.


A Thirty-Year Retrospective Of Legal Developments Impacting College Athletics, Timothy Davis Jan 2020

A Thirty-Year Retrospective Of Legal Developments Impacting College Athletics, Timothy Davis

Marquette Sports Law Review

None


Esports And Its Reinforcement Of Gender Divides, Kruthika N. S. Jan 2020

Esports And Its Reinforcement Of Gender Divides, Kruthika N. S.

Marquette Sports Law Review

None


Not A Taboo Use Of Tattoos: Why Using Unauthorized Replicas Of Professional Athlete Tattoos In Video Games Constitutes Fair Use, John R. Faulkner Iii Jan 2020

Not A Taboo Use Of Tattoos: Why Using Unauthorized Replicas Of Professional Athlete Tattoos In Video Games Constitutes Fair Use, John R. Faulkner Iii

Marquette Sports Law Review

None


Table Of Contents Jan 2020

Table Of Contents

Marquette Sports Law Review

No abstract provided.


Criminalizing Match-Fixing As America Legalizes Sports Gambling, Jodi S. Balsam Jan 2020

Criminalizing Match-Fixing As America Legalizes Sports Gambling, Jodi S. Balsam

Marquette Sports Law Review

No abstract provided.


May They Play: Soule V. Connecticut Association Of Schools, Inc., Title Ix, And A Policy Of Inclusion For High School Transgender Athletes Without Prerequiring Hormone Therapy Or Puberty Blockers, Dylan O. Malagrino Jan 2020

May They Play: Soule V. Connecticut Association Of Schools, Inc., Title Ix, And A Policy Of Inclusion For High School Transgender Athletes Without Prerequiring Hormone Therapy Or Puberty Blockers, Dylan O. Malagrino

Marquette Sports Law Review

No abstract provided.


Three Strikes And You're Outta Here! Minor League Baseball Cities' Potential To Bring Unfair And Deceptive Trade Practice Claim In The Face Of Mlb Contraction, Michael Viverito Jan 2020

Three Strikes And You're Outta Here! Minor League Baseball Cities' Potential To Bring Unfair And Deceptive Trade Practice Claim In The Face Of Mlb Contraction, Michael Viverito

Marquette Sports Law Review

No abstract provided.


The Only Game In Town: An Examination Of The Ncaa's Anticompetitive Conduct, Taylor Skaggs Jan 2020

The Only Game In Town: An Examination Of The Ncaa's Anticompetitive Conduct, Taylor Skaggs

Marquette Sports Law Review

No abstract provided.


Here Comes A New Challenger! Esports And California Ab 5, Patrick Hankins Jan 2020

Here Comes A New Challenger! Esports And California Ab 5, Patrick Hankins

Marquette Sports Law Review

No abstract provided.


Tfue V. Faze Clan And Newly Created Players Associations: What Has Happened And How Will It Impact The Future Of Esports?, Chase Cripe Jan 2020

Tfue V. Faze Clan And Newly Created Players Associations: What Has Happened And How Will It Impact The Future Of Esports?, Chase Cripe

Marquette Sports Law Review

No abstract provided.


Wrongful Death: Does The Ncaa Have An Affirmative Duty To Protect Its Student-Athletes?, Rae-Anna Sollestre Jan 2020

Wrongful Death: Does The Ncaa Have An Affirmative Duty To Protect Its Student-Athletes?, Rae-Anna Sollestre

Marquette Sports Law Review

None


Table Of Contents Jan 2020

Table Of Contents

Marquette Sports Law Review

No abstract provided.


The Baylor Clause: Report Or Be Fired, Martin J. Greenberg, Andrew Mentzer, Madeline Wergin Jan 2020

The Baylor Clause: Report Or Be Fired, Martin J. Greenberg, Andrew Mentzer, Madeline Wergin

Marquette Sports Law Review

None


Preventing Sexual Violence: Alternatives To Worrying About Recidivism, Eric S. Janus Jan 2020

Preventing Sexual Violence: Alternatives To Worrying About Recidivism, Eric S. Janus

Marquette Law Review

None


Violent Crime And Media Coverage In One City: A Statistical Snapshot, Michael O'Hear Jan 2020

Violent Crime And Media Coverage In One City: A Statistical Snapshot, Michael O'Hear

Marquette Law Review

Many commentators have argued that high levels of public fear and anger regarding violent crime result, at least in part, from distorted coverage of crime in the news media. Among other distortions, it is said that the news media devote greatly disproportionate coverage to the most outrageous instances of violent crime, and that the media fail to provide information that would helpfully contextualize the offenses or humanize the perpetrators. In order to test these latter claims, crime stories from a daily newspaper and an Internet news site in one mid-sized city were collected for one year. As expected, in comparison ...


Fully Funded Pensions, Jonathan Barry Forman Jan 2020

Fully Funded Pensions, Jonathan Barry Forman

Marquette Law Review

At retirement, workers want to have enough income to support themselves throughout their retirement years. In that regard, financial planners often suggest that retiring workers should aim to replace 70 to 80% of their annual preretirement earnings. Social Security benefits typically replace around 35% of the typical worker’s preretirement earnings, and the purpose of this Article is to show how pensions could and should be designed to replace, say, 40% of the typical worker’s preretirement earnings throughout her retirement years. In particular, because so many public and private pension plans are underfunded, this Article focuses on how to ...


Women's Spaces, Women's Rights: Feminism And The Transgender Rights Movement, Christen Price Jan 2020

Women's Spaces, Women's Rights: Feminism And The Transgender Rights Movement, Christen Price

Marquette Law Review

None


Balancing Sorna And The Sixth Amendment: The Case For A "Restricted Circumstance-Specific Approach", John F. Howard Jan 2020

Balancing Sorna And The Sixth Amendment: The Case For A "Restricted Circumstance-Specific Approach", John F. Howard

Marquette Law Review

The Sex Offender Registration and Notification Act (SORNA) is in place to protect the public, children especially, from sex offenders. Under SORNA, anyone and everyone convicted of what the law defines as a “sex offense” is required to register as a “sex offender,” providing accurate and up-to-date information on where they live, work, and go to school. Failure to do so constitutes a federal crime punishable by up to ten years imprisonment. But how do federal courts determine whether a particular state-level criminal offense constitutes a “sex offense” under SORNA? Oftentimes when doing comparisons between state and federal law for ...


Cannabis Legalization In State Legislatures: Public Health Opportunity And Risk, Daniel G. Orenstein, Stanton A. Glantz Jan 2020

Cannabis Legalization In State Legislatures: Public Health Opportunity And Risk, Daniel G. Orenstein, Stanton A. Glantz

Marquette Law Review

Cannabis is widely used in the United States and internationally despite its illicit status, but that illicit status is changing. In the United States, thirty-three states and the District of Columbia have legalized medical cannabis, and eleven states and D.C. have legalized adult use cannabis. A majority of state medical cannabis laws and all but two state adult use laws are the result of citizen ballot initiatives, but state legislatures are beginning to seriously consider adult use legislation. From a public health perspective, cannabis legalization presents a mix of potential risks and benefits, but a legislative approach offers an ...


How Circuits Can Fix Their Splits, Wyatt G. Sassman Jan 2020

How Circuits Can Fix Their Splits, Wyatt G. Sassman

Marquette Law Review

The desire to avoid conflicts between the regional circuits of the federal courts of appeals, commonly known as “circuit splits,” has had an immense influence on the structure and operation of the federal appellate courts for roughly a century. Over time, the Supreme Court has been assigned responsibility for resolving these conflicts. Yet as overall federal caseloads have increased, this reliance on the Supreme Court has imposed serious and well-recognized burdens on the operation of the federal courts. For decades scholars have debated bold proposals to address these problems, such as creating a new national court dedicated to resolving conflicts ...


When Food Is A Weapon: Parental Liability For Food Allergy Bullying, D'Andra Millsap Shu Jan 2020

When Food Is A Weapon: Parental Liability For Food Allergy Bullying, D'Andra Millsap Shu

Marquette Law Review

Food allergies in children are rising at an alarming pace. Increasingly, these children face an added threat: bullies targeting them because of their allergies. This bullying can take a life-threatening turn when the bully exposes the victim to the allergen. This Article is the first major legal analysis of food allergy bullying. It explores the legal system’s failure to adequately address the problem of food allergy bullying and makes the case for focusing on the potential tort liability of the bully’s parents. Parents who become aware of their child’s bullying behavior and fail to take adequate steps ...


The Impact Of Incarceration On The Risk Of Violent Recidivism, Jennifer E. Copp Jan 2020

The Impact Of Incarceration On The Risk Of Violent Recidivism, Jennifer E. Copp

Marquette Law Review

Whether incarceration heightens an individual’s likelihood of recidivating is at the center of prison policy discussions. Yet rigorous empirical studies on the nature of the incarceration—recidivism link are limited. As a whole, existing research suggests that the effect of imprisonment, relative to noncustodial sanctions, is either null or slightly criminogenic. These findings call into question the ability of prisons to exert a specific deterrent effect. They also suggest that prisons are failing to address the underlying causes of recidivism among inmate populations. An important consideration, however, is the extent to which the effects of imprisonment are heterogeneous. The ...


Violence Risk Assessment: Current Status And Contemporary Issues, Sarah L. Desmarais, Samantha A. Zottola Jan 2020

Violence Risk Assessment: Current Status And Contemporary Issues, Sarah L. Desmarais, Samantha A. Zottola

Marquette Law Review

Despite the increased use of violence risk assessment instruments in the criminal justice system, they remain the topic of continued discussion and debate. This Article will discuss the state of science and practice as it relates to assessing risk for violent recidivism, highlighting current issues of concern and empirical investigation. We first provide an overview of violence risk assessment and describe the role of violence risk assessments instruments in this process. We then discuss their current status in science and practice, including the accuracy with which violence risk assessment instruments forecast violent recidivism, their impact on criminal justice decisions, and ...


The Online Defamation Dilemma: Adapting An Age-Old Doctrine To The Reality, Elizabeth Elving Jan 2020

The Online Defamation Dilemma: Adapting An Age-Old Doctrine To The Reality, Elizabeth Elving

Marquette Law Review

none.


Factually Baseless Enforcement Of Criminal Law Is Okay. Full Enforcement Is Not., Darryl K. Brown Jan 2020

Factually Baseless Enforcement Of Criminal Law Is Okay. Full Enforcement Is Not., Darryl K. Brown

Marquette Law Review

none.


Ice Detention Contracts, Third-Party Beneficiary Suits, And Private Contracts In Immigrant Detention, Patrick Kennedy Jan 2020

Ice Detention Contracts, Third-Party Beneficiary Suits, And Private Contracts In Immigrant Detention, Patrick Kennedy

Marquette Law Review

none.