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Full-Text Articles in Law
Constitutional Conflict And Congressional Oversight, Andrew Mccanse Wright
Constitutional Conflict And Congressional Oversight, Andrew Mccanse Wright
Marquette Law Review
In matters of oversight, Congress and the President have fundamentally incompatible views of their institutional roles within the constitutional structure. This Article offers an explanation of divergent branch behavior and legal doctrine. Congress, much like a party to litigation, views itself as having fixed substantive rights to obtain desired information from the Executive and private parties. In contrast, the Executive views itself like a party to a business transaction, in which congressional oversight requests are the opening salvo in an iterative negotiation process to resolve competing interests between co-equal branches. In general, legislators want to litigate and executive officers want …
Emerging Scholars Series: Cross-Border Injunctions In U.S. Patent Cases And Their Enforcement Abroad, Marketa Trimble
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 …
The "Blind Look" Rule Of Reason: Federal Courts' Peculiar Treatment Of Ncaa Amateurism Rules, Tibor Nagy
The "Blind Look" Rule Of Reason: Federal Courts' Peculiar Treatment Of Ncaa Amateurism Rules, Tibor Nagy
Marquette Sports Law Review
No abstract provided.
In Defense Of Title Ix: Why Current Policies Are Required To Ensure Equality Of Opportunity, Jocelyn Samuels, Kristen Galles
In Defense Of Title Ix: Why Current Policies Are Required To Ensure Equality Of Opportunity, Jocelyn Samuels, Kristen Galles
Marquette Sports Law Review
No abstract provided.