Law Commons^™

Checking The Scorecard: Title Ix, College Sports, And The Limits Of Litigation, Brian L. Porto

Marquette Sports Law Review

No abstract provided.

Determining Enhanced Damages After Halo Electronics: Still A Struggle?, Veronica Corcoran

Marquette Intellectual Property Law Review

35 U.S.C. § 284 of the Patent Act allows district courts to use their discretion to award enhanced damages up to three times the amount found or assessed in the case of patent infringement. This Comment will consider how the Supreme court of the United States’ holding in Halo Electronics, Inc. v. Pulse electronics, Inc. changed the landscape of enhanced damages awards in light of willful infringement.

First, this Comment will examine the Federal Circuit’s approach that now embraces both an objective and subjective inquiry in determining enhanced damages, which may resolve the concern over the rigidity in the Seagate …

Clarifying Uncertainty: Why We Need A Small Claims Copyright Court, John Zuercher

Marquette Intellectual Property Law Review

This article is concerned with the question of whether copyright law in the United States is currently equipped to achieve its original goal, set within the U.S. Constitution, to promote innovation and progress. This article suggests that copyright law is not equipped to achieve this goal because a paradox inherent in copyright law is hindering copyright litigation and causing uncertainty. The paradox is found in 17 U.S.C. § 106, which protects transformative works that are derivative, and 17 U.S.C. § 107, which protects transformative works as fair use. Ideally, the federal courts would solve this dilemma by interpreting the appropriate …

Litigation Nursing Home Wandering Cases, Steven M. Levin, Janice F. Mulligan

Marquette Elder's Advisor

This article defines the term wandering and provides prevalence estimates of wanderers within nursing homes nationwide. It addresses the standard of care applicable to wandering cases and reviews court opinions that consider whether the nursing home was on notice of a resident's known tendency to wander. It also discusses discovery in wander cases and concludes with practice tips.

From The Guest Editors: Nursing Home Litigation: An Overview, Julie A. Braun, Jane M.R. Mulcahy

Marquette Elder's Advisor

This article provides an overview of the most common fact patterns involved in the litigation of neglect or abuse of the elderly. The common fact patterns include: choking and feeding tube, wandering, falls and related injuries, physical and chemical restraints, scalding, burns, malnutrition and dehydration, pressure sores, medication errors, and sexual abuse.

Ethics Of The Attorney In Medical Malpractice Litigation, Marshall B. Kapp

Marquette Elder's Advisor

In medical malpractice litigation, providing legal representation to older patients or their healthcare providers carriers significant ethical implication. However, there has been little scholarly or practical discussion of legal ethics concerning circumstances in which the medical malpractice plaintiff is an older person. The author sets forth a tentative outline of key issues that should be included in an analysis of legal ethics in the medical malpractice context, particularly when an older patient is involved.

State Court And Administrative Medicaid Litigation-A Case Study, Steven C. Perlis

Marquette Elder's Advisor

The article examines a case study discussing an elderly couples access to Medicaid. The case was created to determine whether to approve the elderly couples Medicaid request.

What Athletic Departments Must Know About Title Ix And Sexual Harassment, Holly Hogan

Marquette Sports Law Review

No abstract provided.

Rules Of A Sport- Specific Arbitration Process As An Instrument Of Policy Making, Hilary A. Findlay

Marquette Sports Law Review

No abstract provided.

Playing The Game Of Academic Integrity Vs. Athletic Success: The Americans With Disabilities Act (Ada) And Intercollegiate Student-Athletes With Learning Disabilities , Yuri Nicholas Walker

Marquette Sports Law Review

No abstract provided.

The Referee's Liability For Catastrophic Sports Injuries - A Uk Perspective, Richard Caddell

Marquette Sports Law Review

No abstract provided.

Is Notice Required In A Title Ix Athletics Action Not Involving Sexual Harassment? , Diane Heckman

Marquette Sports Law Review

No abstract provided.

Baseball Spectators' Assumption Of Risk: Is It "Fair" Or "Foul"?, Gil Fried, Robin Ammon Jr.

Marquette Sports Law Review

No abstract provided.

A Historical Review Of Litigation In Baseball, Richard L. Irwin

Marquette Sports Law Review

No abstract provided.