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Full-Text Articles in Law

Law Review Annual Banquet: The Joy Of Law, The Honorable William C. Griesbach Sep 2009

Law Review Annual Banquet: The Joy Of Law, The Honorable William C. Griesbach

Marquette Law Review

None


Jamie S. V. Milwaukee Public Schools: Urban Challenges Cause Systemic Violations Of The Idea, Amy L. Macardy Sep 2009

Jamie S. V. Milwaukee Public Schools: Urban Challenges Cause Systemic Violations Of The Idea, Amy L. Macardy

Marquette Law Review

None


"Slicing A Shadow": The Debate Over Combined Reporting And Its Effect On Wisconsin's Business Climate, Staci Flinchbaugh Sep 2009

"Slicing A Shadow": The Debate Over Combined Reporting And Its Effect On Wisconsin's Business Climate, Staci Flinchbaugh

Marquette Law Review

None


Informational Blackmail: Survived By Technicality?, Chen Yehudai Sep 2009

Informational Blackmail: Survived By Technicality?, Chen Yehudai

Marquette Law Review

None


The Disappointed Expectations Test And The Economic Loss Doctrine, Ralph C. Anzivino Sep 2009

The Disappointed Expectations Test And The Economic Loss Doctrine, Ralph C. Anzivino

Marquette Law Review

None


Draining The Morass: Ending The Jurisprudentially Unsound Unpublication System, David R. Cleveland Sep 2009

Draining The Morass: Ending The Jurisprudentially Unsound Unpublication System, David R. Cleveland

Marquette Law Review

None


Beyond Decisional Templates: The Role Of Imaginative Justice In The Trial Court, The Honorable Sarah Evans Barker Sep 2009

Beyond Decisional Templates: The Role Of Imaginative Justice In The Trial Court, The Honorable Sarah Evans Barker

Marquette Law Review

None


The Legitimacy Of Police Among Young African-American Men, Tracey Meares Sep 2009

The Legitimacy Of Police Among Young African-American Men, Tracey Meares

Marquette Law Review

None


Table Of Contents For Volume 92 Issue 4, Marquette University Sep 2009

Table Of Contents For Volume 92 Issue 4, Marquette University

Marquette Law Review

None


Be Wise: Revise, Lisa A. Mazzie Aug 2009

Be Wise: Revise, Lisa A. Mazzie

Faculty Publications

No abstract provided.


Accomodating Respectful Religious Expression In The Workplace, Nantiya Ruan Jul 2009

Accomodating Respectful Religious Expression In The Workplace, Nantiya Ruan

Marquette Law Review

None


The Copyright Revision Act Of 2026, Jessica Litman Jul 2009

The Copyright Revision Act Of 2026, Jessica Litman

Marquette Intellectual Property Law Review

American copyright law is broken. In fact, its failings are leading lawyers and scholars to find resourceful strategies to work around the deficiencies in the current state of the law. These strategies, the lecturer argues, indicate that a fundamental overhaul of copyright law is imminent. After lamenting the disconnect between academia and the practicing bar and examining the present laws' shortcomings felt by authors, distributors, and consumers alike, the lecturer provides three goals a new copyright regime should meet. First, copyright law should be more easily accessible and, likewise, understandable for non-lawyers. Second, the new copyright laws should reduce the …


Rethinking Patent Fraud Enforcement In A Reform Era, Kali Murray, Dmitriy Vinarov Jul 2009

Rethinking Patent Fraud Enforcement In A Reform Era, Kali Murray, Dmitriy Vinarov

Marquette Intellectual Property Law Review

This Article contends that, while the defense of inequitable conduct offers an avenue to combat fraudulent patent applications, the doctrine suffers from shortcomings that spring from two compromises. First, the amorphous nature of the equitable defense prompts institutional conflict between the United States Patent and Trademark Office and the Federal Circuit. Second, by relegating enforcement solely to a patentee's market competitors, the defense fails to protect the public interest adequately. In light of these compromises, the authors propose two goals to guide current reform efforts in Congress. Initially, Congress's attempt to reform patent fraud enforcement should relieve the aforementioned institutional …


Trademark Fair Use: Braun® Versus The Bunny, Vanessa P. Rollins Jul 2009

Trademark Fair Use: Braun® Versus The Bunny, Vanessa P. Rollins

Marquette Intellectual Property Law Review

Nominative fair use is a contentious issue in the field of trademark law. Manufacturers of original products who oppose the use of their actual products in advertisements for complementary goods often resort to the Lanham Act to prevent such practices. Courts have found the use of another's product in the advertising of complementary goods falls outside the nominative fair use defense. This article examines the nominative fair use defense and whether nominative fair use should encompass such uses.


Toward A More Reliable Fact-Finder In Patent Litigation, Amy Tindell Jul 2009

Toward A More Reliable Fact-Finder In Patent Litigation, Amy Tindell

Marquette Intellectual Property Law Review

Juries have been perceived as a blessing and a curse. They are perceived differently in different areas of law. For example, practitioners in patent law view juries in a negative light as the fact finders. In accordance with this view, Federal Courts of Appeals have begun to narrow the role of juries in patent trials. This paper follows the development of the Seventh Amendment in the patent context and its current status. This paper then proposes a system similar to peer-review to replace the traditional jury in patent trials.


Emerging Scholars Series: Cross-Border Injunctions In U.S. Patent Cases And Their Enforcement Abroad, Marketa Trimble Jul 2009

Emerging Scholars Series: Cross-Border Injunctions In U.S. Patent Cases And Their Enforcement Abroad, Marketa Trimble

Marquette Intellectual Property Law Review

Injunctions enforcing a patentee's right to exclude provide an incentive to invent; however, injunctions are only effective if they can be enforced. Enforcing an injunction becomes problematic when other jurisdictions are involved, yet plaintiffs request such injunctions despite the potential inherent difficulties of cross-border enforcement. The author empirically analyzes the number and types of cross-border injunctions issued in the United States against foreign entities by discussing methods of enforcing injunctions abroad and the difficulties inherent in those methods. Comparing cases of cross-border injunctions issued by European courts, the author reviews the controversial pan-European injunction that covers not only the territory …


Not All Grace Periods Are Created Equal: Building A Grace Period From The Ground Up, Renee E. Metzler Jul 2009

Not All Grace Periods Are Created Equal: Building A Grace Period From The Ground Up, Renee E. Metzler

Marquette Intellectual Property Law Review

The grace period for patent application filing is the amount of time a patent applicant has to file the application after the invention has been disclosed to the public. The rules and amount of time allowed vary greatly among countries. This comment explores the theoretical justifications for a grace period, the structural elements of a grace period, and other approaches to a grace period used in countries outside of the United States. The author proposes an ideal grace period model that would create international harmonization.


Fixing Continuing Application Practice At The Uspto, Kevin Rizzuto Jul 2009

Fixing Continuing Application Practice At The Uspto, Kevin Rizzuto

Marquette Intellectual Property Law Review

Controversy surrounds continuing application practice at the United States Patent & Trademark Office. Legal scholars highlight problems with continuing application practice and ways that applicants abuse the system. Patent practitioners admit that continuing application abuses exist, yet believe that establishing limits on continuing application practice would lead to an increase in appeals to the Board of Patent Appeals and Interferences. The USPTO attributes much of its continually growing backlog to the volume of continuing applications and requests for continued examinations, and published Proposed Rules to limit continuing applications. Legal scholars and the USPTO propose solutions that are too restrictive on …


Three Cases: A Practitioner's Life In Copyright, Mary Jane Sanders Jul 2009

Three Cases: A Practitioner's Life In Copyright, Mary Jane Sanders

Marquette Intellectual Property Law Review

In this speech, the lecturer highlights three influential Supreme Court decisions on copyright law and explains how these cases have influenced her career. The lecturer explains that the highlighted cases had a lasting impact on the intellectual property world and are still applicable to today's copyright practitioners. Even though intellectual property law now involves more cutting edge technology, issues such as copyright infringement, copyright ownership, and the award of attorney fees will always be fundamental to any copyright litigation.


Conciseness In Legal Writing, Lisa Mazzie Hatlen Jun 2009

Conciseness In Legal Writing, Lisa Mazzie Hatlen

Faculty Publications

No abstract provided.


"Ideology In" Or "Cultural Cognition Of" Judging: What Difference Does It Make?, Dan M. Kahan Apr 2009

"Ideology In" Or "Cultural Cognition Of" Judging: What Difference Does It Make?, Dan M. Kahan

Marquette Law Review

None


Making Sense Of Schaumberg: Seeking Coherence In First Amendment Charitable Solicitation Law, John D. Inazu Apr 2009

Making Sense Of Schaumberg: Seeking Coherence In First Amendment Charitable Solicitation Law, John D. Inazu

Marquette Law Review

None


Worksite Raids And Immigration Norms: A "Sticky" Problem, Benjamin Crouse Apr 2009

Worksite Raids And Immigration Norms: A "Sticky" Problem, Benjamin Crouse

Marquette Law Review

None


Same-Sex Divorce And Wisconsin Courts: Imperfect Harmony?, Louis Thorson Apr 2009

Same-Sex Divorce And Wisconsin Courts: Imperfect Harmony?, Louis Thorson

Marquette Law Review

None


Volume 92, Issue 3 Table Of Contents, Marquette University Apr 2009

Volume 92, Issue 3 Table Of Contents, Marquette University

Marquette Law Review

None


A Matter Of Trust: Should No-Reliance Causes Bar Claims For Fraudulent Inducement Of Contract?, Allen Blair Apr 2009

A Matter Of Trust: Should No-Reliance Causes Bar Claims For Fraudulent Inducement Of Contract?, Allen Blair

Marquette Law Review

None


The Dilemma Of The Vengeful Client: A Prescriptive Framework For Cooling The Flames Of Anger, Robin Wellford Slocum Apr 2009

The Dilemma Of The Vengeful Client: A Prescriptive Framework For Cooling The Flames Of Anger, Robin Wellford Slocum

Marquette Law Review

None


Media And Conflict Resolution: A Framework For Analysis, Eytan Gilboa Mar 2009

Media And Conflict Resolution: A Framework For Analysis, Eytan Gilboa

Marquette Law Review Conferences

No abstract provided.


Political Violence And The Media, Robert G. Meadow Mar 2009

Political Violence And The Media, Robert G. Meadow

Marquette Law Review Conferences

No abstract provided.


The Impact Of News Coverage On Conflict: Toward Greater Understanding, Richard C. Reuben Mar 2009

The Impact Of News Coverage On Conflict: Toward Greater Understanding, Richard C. Reuben

Marquette Law Review Conferences

No abstract provided.