Law Commons^™

Barrock Lecture: Reality-Challenged Philosophies Of Punishment, Robert Weisberg

Marquette Law Review

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Exile On Main Street: Competing Traditions And Due Process Dissent, Colin Starger

Marquette Law Review

Everybody loves great dissents. Professors teach them, students learn from them, and journalists quote them. Yet legal scholars have long puzzled over how dissents actually impact the development of doctrine. Recent work by notable empirical scholars proposes to measure the influence of dissents by reference to their subsequent citation in case law. This Article challenges the theoretical basis for this empirical approach and argues that it fails to account for the profound influence that uncited dissents have exerted in law. To overcome this gap in the empirical approach, this Article proposes an alternative method that permits analysis of contextual and …

Balancing Legal Process With Scientific Expertise: Expert Witness Methodology In Five Nations And Suggestions For Reform Of Post-Daubert U.S. Reliability Determinations, Andrew W. Jurs

Marquette Law Review

In a recent article on science and the law, Susan Haack suggested that “we could learn something from the experiences of other nations that are equally technologically advanced, but have different . . . legal arrangements.” Her suggestion is both appropriate and timely, as the evidence mounts on the problems with the current judicial management of complex science.

This Article starts with a simple, related premise, that the proper balance of legal process and scientific expertise is not a uniquely American problem. If this is true, then we should, as Haack suggests, seek inspiration for reform in the varying methodologies …

The Earned Release Revolution: Early Assessments And State-Level Strategies, Jesse J. Norris

Marquette Law Review

Reacting to widespread budget crises, many states are experimenting with earned release (also known as “early release”) legislation to help cut correctional costs. This earned release revolution is a stark reversal of earlier trends toward determinate sentencing. Implementing earned release policies appropriately could help bring about a new sentencing era characterized by lower rates of incarceration and higher levels of public safety. However, earned release is potentially vulnerable to abuse and prone to backlash, and must be planned and implemented carefully to avoid endangering the public, fostering injustice, or failing to realize hoped-for budgetary savings.

This Article outlines a set …

Codifying The Flores Settlement Agreement: Seeking To Protect Immigrant Children In U.S. Custody, Rebeca M. López

Marquette Law Review

The increase in enforcement actions undertaken by the federal government over the last thirty years has resulted in a broad net of enforcement that has captured vulnerable populations not previously subjected to detention, such as non-criminal immigrant children and their families. The detained children have been subjected to inhumane conditions and abuse by federal authorities and contractors. Unfortunately, few procedural safeguards exist to protect these children. For this reason, the United States government’s treatment of non-criminal immigrant children who are in detention and removal proceedings is of paramount concern.

Since 1997, the treatment of children in federal custody has been …

Visit Of Justice Elena Kagan, Marquette University Law School

Marquette Law Review

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Marquette University Law School Hooding Ceremony, Diane S. Sykes

Marquette Law Review

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The Fog Of War Reform: Change And Structure In The Law Of Armed Conflict After September 11, Peter Margulies

Marquette Law Review

Salim Hamdan’s conviction in a military commission for material support of Al Qaeda separates utilitarians, who generally defer to state power, from protective theorists, who seek to shield civilians by curbing official discretion. Utilitarians view military commissions as efficient means for trying suspected terrorists. Protective theorists criticize the amorphous nature of material support charges.

The clash between utilitarians and protective theorists colors other issues, including “enhanced” interrogation and limits on targeting. Protective theorists merit praise for their scrutiny of interrogation. In contrast, utilitarians have trivialized interrogation abuses. However, protective theorists’ scrutiny of states is burdened by hindsight bias. Failing to …

Volume 95, Summer 2012 Masthead, Marquette University Law School

Marquette Law Review

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Supervising Discrimination: Reflections Of The Interstate Commerce Act In The Broadband Debate, James B. Speta

Marquette Law Review

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Resolving The Ip Disconnect For Small Businesses, Leah Chan Grinvald

Marquette Law Review

Small businesses are an important component of the American economy. In fact, the jobs created by small businesses could assist the United States in overcoming its most recent economic downturn. Paradoxically, though, the failure rate of small businesses is quite high. Although various factors contribute to this high failure rate, one of the factors the U.S. government has focused on has been the disproportionate impact that intellectual property laws, policies, and their enforcement may have on small businesses. While the U.S. government has paid attention to the impact of domestic intellectual property laws on small businesses, the government has paid …

Dying To Be Free: An Analysis Of Wisconsin's Restructured Compassionate Release Statute, Nicole M. Murphy

Marquette Law Review

In 2009, the Wisconsin Legislature enacted comprehensive criminal sentencing reforms under 2009 Wisconsin Act 28 in an effort to shrink the State’s swollen corrections budget and reduce the impending multi-billion dollar deficit. However, the new early release procedures sparked bitter partisan debate among state leaders, culminating in the repeal of the early release amendments a mere two years later. This Comment focuses on one of the early release amendments reserved for ill and elderly inmates, termed “compassionate release.” The Comment traces the history of compassionate release legislation in Wisconsin and outlines arguments in support and opposition of the program. The …

Foreword: The Last Assembly Of Interstate Commerce Act Lawyers, Joseph D. Kearney

Marquette Law Review

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The Interstate Commerce Act, Administered Contracts, And The Illusion Of Comprehensive Regulation, Thomas W. Merrill

Marquette Law Review

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Table Of Contents

Marquette Sports Law Review

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Going Outside Title Ix To Keep Coach-Athlete Relationships In Bounds, Deborah L. Brake

Marquette Sports Law Review

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Equality Beyond The Three-Part Test: Exploring And Explaining The Invisibility Of Title Ix's Equal Treatment Requirement, Erin E. Buzuvis, Kristine E. Newhall

Marquette Sports Law Review

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Batter Up: A Look At The Supreme Court's Lineup, Including The Interaction With The New Chief Umpire On The Bench, As Title Ix Marks Its Fortieth Anniversary, Diane Heckman

Marquette Sports Law Review

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Pay Or Play?: Why Requiring Notice And An Opportunity To Cure In Claims For Money Damages Best Serves The Compliance Goals Of Title Ix, Julie G. Yap

Marquette Sports Law Review

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You'll Never Work (Or Play) Here Again: A Lingering Question In Title Ix Retaliation Claims Brought By Coaches And Athletes After Jackson V. Birmingham Board Of Education, Brian L. Porto

Marquette Sports Law Review

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"A Radical Proposal": Title Ix Has No Place In College Sport Pay-For-Play Discussions, Ellen J. Staurowsky

Marquette Sports Law Review

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More Of The Same - Enough Already!, Cynthia Lee A. Pemberton

Marquette Sports Law Review

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Book Review: Getting In The Game: Title Ix And The Women's Sports Revolution, Cassandra Jones

Marquette Sports Law Review

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Consent Theory As A Possible Cure For Unconscionable Terms In Student-Athlete Contracts, Thomas A. Baker Iii, John Grady, Jesse M. Rappole

Marquette Sports Law Review

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Avoiding The Sack: How Nebraska's Departure From The Big 12 Changed College Football And What Athletic Conferences Must Do To Prevent Defection In The Future, Benjamin I. Leibovitz

Marquette Sports Law Review

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2011 Annual Survey: Recent Developments In Sports Law

Marquette Sports Law Review

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Volume 95, Spring 2012 Masthead, Marquette University Law School

Marquette Law Review

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Volume 95, Spring 2012 Table Of Contents, Marquette University Law School

Marquette Law Review

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Foreword, Andrea Kupfer Schneider

Marquette Law Review

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Panel Discussion - Core Values Of Dispute Resolution: Is Neutrality Necessary?, Bernard Mayer, Joseph B. Stulberg, Lawrence Susskind, John Lande

Marquette Law Review

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