Law Commons^™

Can An Eeoc Intake Questionnaire Constitute A Charge Of Discrimination Under The Age Discrimination In Employment Act?, Paul M. Secunda, Mccann Lefeve

Faculty Publications

No abstract provided.

Copyright's Empire: Why The Law Matters, Alina Ng

Marquette Intellectual Property Law Review

Previous intellectual property literature demands a balance between incentives to produce for the creator of a work and access to information, knowledge, and content by the users. However, law and economics jurisprudence does not provide compelling arguments to support the notion that the copyright monopoly is the most efficient way to maximize public welfare by promoting the works of authors. The social cost from expansion of private rights is nonexistent because market structures change as technologies develop, providing society with increased accessibility to creative works. Accordingly, copyright laws need to expand as technology develops in order to realize a fair …

The Extended Protection Of "Strong" Trademarks, Nicola Bottero, Andrea Mangani, Marco Ricolfi

Marquette Intellectual Property Law Review

Economic investment in trademarks is not necessarily indicative of product quality, as trademark protection does not provide incentive for continuous product quality improvement. The authors begin their analysis by exploring the function of trademarks from the perspectives of traditional law and economics. Such an analysis points to a conflict between the legal and economic interpretation of the function of trademarks. Particularly, the authors suggest that the traditional economic perspective of trademarks fails to justify the legal existence of strong brands and their extensions. This argument is tested through the review of advertising, brand extension, and product quality literature. The authors …

Intellectual Property, Competition Rules, And The Emerging Internal Market: Some Thoughts On The European Exhaustion Doctrine, Guido Westkamp

Marquette Intellectual Property Law Review

Although the European intellectual property law concept of the doctrine of exhaustion appears superficially straightforward, uncertainty as to its doctrinal foundations remains. The author explores the status of the doctrine, its interpretation and scope within European Community law, and the pertinent issues regarding the doctrine in relation to both domestic and cross-border issues. The complex structure of the doctrine of exhaustion has made it difficult to formulate more refined rules governing licensing provisions restricting the free circulation of goods. The result of this analysis indicates conflict between the freedom to provide goods and services under European Community law and classifying …

Finding Common Ground In The World Of Electronic Contracts: The Consistency Of Legal Reasoning In Clickwrap Cases, Robert Lee Dickens

Marquette Intellectual Property Law Review

Courts reviewing the enforceability of clickwrap agreements have relied upon the case law surrounding shrinkwrap cases in formulating their decisions. The author concludes that the legal reasoning behind the various clickwrap decisions has been relatively consistent, despite arguments made to the contrary. The author also asserts that clickwrap agreements are a legitimate form of contracting, and that objections to clickwrap are similar to objections to other forms of contracts.

Creating Consumer Confidence Or Confusion? The Role Of Product Certification In The Market Today, Mark R. Barron

Marquette Intellectual Property Law Review

Product conformity assessment system changes in various countries have impacted the role of certification marks. The author explores whether the perceived value of product certification marks can sustain their high costs. The author further emphasizes the need, from both economic and legal perspectives, for manufacturers to implement global compliance strategies to ensure compliance with applicable regulations, selection of proper certification marks, and an efficient path through the conformity assessment process.

Fixing Through Legislative Fixation: A Call For The Codification And Modernization Of The Staple Article Of Commerce Doctrine As It Applies To Copyright Law, Blake Evan Reese

Marquette Intellectual Property Law Review

Courts have misinterpreted and disagreed over how to apply relevant principles of patent law to copyright cases in an effort to strike a balance between protecting copyright holders' rights without restricting innovation. The author argues that courts have inflicted damage upon the balance of copyright's competing policies, leaving copyright owners and technology innovators facing great uncertainty. The author's Comment addresses the development of the Staple Defense and the logical reasoning supporting a new legislative proposal.

Dignity, Equality, And Public Interest For Defendants And Crime Victims In Plea Bargains: A Response To Professor Michael O'Hear, Douglas E. Beloof

Marquette Law Review Conferences

No abstract provided.

Plea Bargaining And Victims: From Consultation To Guidelines, Michael M. O'Hear

Marquette Law Review Conferences

No abstract provided.

Apologies And Plea Bargaining, Margareth Etienne, Jennifer K. Robbennolt

Marquette Law Review Conferences

No abstract provided.

Traces Of A Libertarian Theory Of Punishment, Erik Luna

Marquette Law Review Conferences

No abstract provided.

The Ultimate Penal Sanction And "Closure" For Survivors Of Homicide Victims, Marilyn Peterson Armour, Mark S. Umbreit

Marquette Law Review Conferences

No abstract provided.

Plea Bargaining From The Criminal Lawyer's Perspective: Plea Bargaining In Wisconsin, E. Michael Mccann, Michelle Jacobs, Erik Peterson, Dean Strang, Nathan Fishbach, Deja Vishny

Marquette Law Review Conferences

No abstract provided.

Social Psychology, Information Processing, And Plea Bargaining, Rebecca Hollander-Blumoff

Marquette Law Review Conferences

No abstract provided.

Reconsidering The Relationship Between Cognitive Psychology And Plea Bargaining, Russell Covey

Marquette Law Review Conferences

No abstract provided.

Prosecutorial Passion, Cognitive Bias, And Plea Bargaining, Alafair S. Burke

Marquette Law Review Conferences

No abstract provided.

Heuristics, Biases, And Criminal Defendants, Chad M. Oldfather

Marquette Law Review Conferences

No abstract provided.

Charge Movement And Theories Of Prosecutors, Ronald F. Wright, Rodney L. Engen

Marquette Law Review Conferences

No abstract provided.

The Role Of Trial In Promoting Cooperative Negotiation In Criminal Practice, Richard Birke

Marquette Law Review Conferences

No abstract provided.

Grassroots Plea Bargaining, Josh Bowers

Marquette Law Review Conferences

No abstract provided.

Cooperating Or Caving In: Are Defense Attorneys Shrewd Or Exploited In Plea Bargaining Negotiations, Andrea Kupfer Schneider

Marquette Law Review Conferences

No abstract provided.

Bargaining Power In The Shadow Of The Law: Commentary To Professors Wright & Engen, Professor Birke, And Josh Bowers, Daniel D. Barnhizer

Marquette Law Review Conferences

No abstract provided.

Dispute Resolution In Criminal Law, Michael M. O'Hear, Andrea Kupfer Schneider

Marquette Law Review Conferences

No abstract provided.

Book Review: Judge For Yourself: Clarity, Choice, And Action In Your Legal Career, Rebecca K. Blemberg

Faculty Publications

No abstract provided.

Hallows Lecture: Challenges To Judicial Independence And The Rule Of Law: A Perspective From The Circuit Courts, Honorable Carolyn Dineen King

Marquette Law Review

No abstract provided.

Ethical Firewalls, Limited Admissibility, And Rule 703, Daniel D. Blinka

Faculty Publications

No abstract provided.

Judges As Humans: Interdisciplinary Research And The Problems Of Institutional Design, Chad M. Oldfather

Faculty Publications

The article takes up the question of how best to put the increasing amount of interdisciplinary scholarship on courts and judges to work in service of institutional design and reform. The analysis focuses on the analysis from a recent book, Judges and Their Audiences: A Perspective on Judicial Behavior, by Lawrence Baum. The book provides an appropriate vehicle for this analysis because of what might be called its multi-interdisciplinarity. In it, Baum, a political scientist, draws on social psychology to critique political science models of judicial behavior.

I argue that analyses such as Baum's are important not only for their …

The Underlying Causes Of Divergent First Amendment Interpretations, Scott C. Idleman

Faculty Publications

No abstract provided.

The Second Chance Act And The Future Of Reentry Reform, Michael M. O'Hear

Faculty Publications

No abstract provided.

The Sunset Of “Quality Control” In Modern Trademark Licensing, Irene Calboli

Faculty Publications

Historically, based on the premise that trademark protection is about consumer welfare, trademark law has allowed trademark licensing only as long as licensors control the quality of the products bearing the licensed marks. Ever since its adoption, however, this rule has been difficult to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legal context: quality control. Unsurprisingly, the consequence has been inconsistent case law and much uncertainty as to what represents valid licensing. In addition, in the past decades, courts have proven increasingly reticent to strictly apply this rule and have declared …