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Articles 451 - 465 of 465
Full-Text Articles in Law
Wisconsin Legislature Employs Halftime Adjustment: How Wisconsin's "New" Indian Mascot Law Changes The Outlook For Future Challenges To The Use Of Discriminatory Nicknames, Mascots, And Logos In Wisconsin Schools, Jeremy Daniel Heacox
Marquette Sports Law Review
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Index: Sports Law In Law Reviews And Journals, Jeremy Daniel Heacox
Index: Sports Law In Law Reviews And Journals, Jeremy Daniel Heacox
Marquette Sports Law Review
None
Index: Sports Law In Law Reviews And Journals, Kyle M. Tompkins
Index: Sports Law In Law Reviews And Journals, Kyle M. Tompkins
Marquette Sports Law Review
None
Protecting Kids’ Melons: Potential Liability And Enforcement Issues With Youth Concussion Laws, Phoebe Anne Amberg
Protecting Kids’ Melons: Potential Liability And Enforcement Issues With Youth Concussion Laws, Phoebe Anne Amberg
Marquette Sports Law Review
None
Toward Harmonization: British Olympic Ass’N V. World Anti-Doping Agency, John T. Wendt
Toward Harmonization: British Olympic Ass’N V. World Anti-Doping Agency, John T. Wendt
Marquette Sports Law Review
None
Promoting Competition Or Preventing It? A Competition Law Analysis Of Uefa’S Financial Fair Play Rules, Clinton R. Long
Promoting Competition Or Preventing It? A Competition Law Analysis Of Uefa’S Financial Fair Play Rules, Clinton R. Long
Marquette Sports Law Review
None
Expanding The Federal Common Law?: From Nomos & Physis And Beyond, Sam Kalen
Expanding The Federal Common Law?: From Nomos & Physis And Beyond, Sam Kalen
Marquette Law Review
The Supreme Court’s decision in AEP v. Connecticut, as well as litigation involving the threat posed by Asian Carp, reflect an emerging trend of testing the federal judiciary’s willingness to expand the federal common law to include claims for interstate environmental threats. There is an assumption, including by the Supreme Court, that a federal common law for public nuisance exists, and that the pressing question is whether to expand that common law. This article challenges that assumption. The article illustrates that the widely shared view about the persistence of a federal common law for interstate pollution overlooks the Supreme Court’s …
Examining An Underdeveloped Constitutional Standard: Trial In Absentia And The Relinquishment Of A Criminal Defendant's Right To Be Present, Eugene L. Shapiro
Examining An Underdeveloped Constitutional Standard: Trial In Absentia And The Relinquishment Of A Criminal Defendant's Right To Be Present, Eugene L. Shapiro
Marquette Law Review
The right of a criminal defendant to be present at trial has been characterized by the Supreme Court as “one of the most basic rights” guaranteed by the Constitution, and yet the Court has only intermittently discussed the constitutional standard for assessing its relinquishment. Both federal and state courts now perceive that the constitutional standard only requires a voluntary, knowing and intelligent waiver, and they frequently focus upon the issue of the voluntariness of a defendant’s absence. A large number of the federal circuits have supplemented this constitutional standard with a non-constitutional, supervisory requirement that a trial court balance the …
Life After Act 10?: Is There A Future For Collective Representation Of Wisconsin Public Employees?, Martin H. Malin
Life After Act 10?: Is There A Future For Collective Representation Of Wisconsin Public Employees?, Martin H. Malin
Marquette Law Review
In 2011, Wisconsin largely gutted the collective bargaining rights of most public employees in the state. Wisconsin Act 10 largely replaced collective employee voice with unilateral employer control over employees’ wages, hours, and terms and conditions of employment. This article addresses the future of collective employee representation in Wisconsin in the wake of Act 10. It urges employers to continue to engage with their employees through the employees’ unions, demonstrating why such an approach better provides for the public interest than unilateral employer control. It looks to examples from other jurisdictions and presents a range of alternatives for Wisconsin public …
Justification For Creating An Ombudsman Privilege In Today's Society, Ryan Spanheimer
Justification For Creating An Ombudsman Privilege In Today's Society, Ryan Spanheimer
Marquette Law Review
Due to ever-increasing court congestion and contemporary policy favoring the resolution of disputes outside the courtroom, now more than ever a privilege for communications with an ombudsman is needed. Although statistics demonstrate that an ombudsman can quickly and effectively resolve disputes, courts have been inconsistent in recognizing such a privilege. This failure to consistently recognize a privilege for communications with an ombudsman places practicing ombudsmen in a catch-22. Ombudsmen are left to decide between disregarding standards of practice they have sworn to follow, most notably that ombudsmen keep communications in confidence, on the one hand, or of violating a court …
Democratic Values In A Digitized World: Regulating Internet Speech In Schools To Further The Educational Mission, Maureen Sullivan
Democratic Values In A Digitized World: Regulating Internet Speech In Schools To Further The Educational Mission, Maureen Sullivan
Marquette Law Review
The Internet is a remarkable tool—so remarkable that using the word “tool” to describe it is painfully inadequate. With a click of a mouse, a few strokes on a keyboard, or a swipe on a screen, the Internet allows instant communication and transaction at any time by anyone in the world. Young people, especially, have embraced the Internet as a means of communicating with peers and interacting with the world around them. In fact, the Internet may be thought of as a social context—similar to school, church, or home—where young people’s identities are influenced and shaped. As a result, what …
Volume 96, Winter 2012 Masthead, Marquette University Law Review
Volume 96, Winter 2012 Masthead, Marquette University Law Review
Marquette Law Review
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Volume 96, Winter 2012 Table Of Contents, Marquette University Law Review
Volume 96, Winter 2012 Table Of Contents, Marquette University Law Review
Marquette Law Review
None
Lifting The Veil On Rigorous Rational Basis Scrutiny, Miranda Oshige Mcgowan
Lifting The Veil On Rigorous Rational Basis Scrutiny, Miranda Oshige Mcgowan
Marquette Law Review
In many different cases, the Supreme Court and lower courts have used a rigorous form of rational basis scrutiny very different from the ordinary, deferential rational basis scrutiny taught in constitutional law courses. When invoked, this more rigorous form of rational basis scrutiny has proven fatal to statutes and regulations. Many scholars and courts have described how courts apply it and have defended particular cases in which it has been used. No one, however, has explained just why and when courts will or ought to apply it. This gap is troublesome and pressing. Rigorous rational basis scrutiny is an important …
Atypical Actors And Tort Law's Expressive Function, Eli K. Best
Atypical Actors And Tort Law's Expressive Function, Eli K. Best
Marquette Law Review
The longstanding rule that tort law ignores a person’s cognitive disability in determining whether the person’s conduct was negligent has been consistently criticized as unfair and illogical. This Article challenges those common criticisms. Focusing on the law’s expressive function and the goals of the disability rights movement, the Article argues that the current rule is potentially more progressive than the alternative. However, the rule’s articulated justifications may inadvertently perpetuate stereotypes about cognitive disability. Thus, the Article suggests ways in which courts can retain the current rule without causing expressive harm.