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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 Jan 2012

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

None


The Future Of Nlrb Doctrine On Captive Audience Speeches, Paul M. Secunda Jan 2012

The Future Of Nlrb Doctrine On Captive Audience Speeches, Paul M. Secunda

Faculty Publications

No abstract provided.


Solving The Good-Time Puzzle: Why Following The Rules Should Get You Out Of Prison Early, Michael M. O'Hear Jan 2012

Solving The Good-Time Puzzle: Why Following The Rules Should Get You Out Of Prison Early, Michael M. O'Hear

Faculty Publications

Good-time programs have long been an important part of the American penal landscape. At least twenty-nine states and the federal government currently offer prison inmates early release, sometimes by many years, in return for good behavior.

Written a generation ago, the leading scholarly article on the subject presented a strong case against good time, which has yet to be effectively addressed. Although good time is traditionally justified by reference to its usefulness in deterring inmate misconduct — credits can be denied or withdrawn as a penalty for violations of prison rules — the article questioned how it could possibly be …


From Dallas Cap To American Needle And Beyond: Antitrust Law's Limited Capacity To Stitch Consumer Harm From Professional Sports Club Trademark Monopolies, Matthew J. Mitten Jan 2012

From Dallas Cap To American Needle And Beyond: Antitrust Law's Limited Capacity To Stitch Consumer Harm From Professional Sports Club Trademark Monopolies, Matthew J. Mitten

Faculty Publications

A nearly fifty-year contemporaneous trend of increasing legal protection for sports team trademarks, collective exclusive licensing of professional sports team trademarks, and antitrust litigation regarding its validity culminated in the United States Supreme Court’s 2010 decision in American Needle, Inc. v. NFL, which rejected the NFL’s single-entity defense. Collective exclusive trademark licensing by professional sports leagues generally does not have significant incremental anticompetitive effects beyond the consumer harm already caused by each individual club’s lawful trademark monopoly, which likely are outweighed by procompetitive benefits in many instances. However, in order for antitrust law to minimize the consumer harm caused by …


Not So Sweet: Questions Raised By Sixteen Years Of The Plra And Aedpa, Michael M. O'Hear Jan 2012

Not So Sweet: Questions Raised By Sixteen Years Of The Plra And Aedpa, Michael M. O'Hear

Faculty Publications

No abstract provided.


The Wisconsin Public-Sector Labor Dispute Of 2011, Paul M. Secunda Jan 2012

The Wisconsin Public-Sector Labor Dispute Of 2011, Paul M. Secunda

Faculty Publications

The enactment in June 2011 of Wisconsin Act 10, legislation that eliminated most collective bargaining rights for most public employees in Wisconsin, did not necessarily follow from the economic conditions surrounding the global recession. The argument here is that it was a blatant power grab with political, social, and economic implications. Governor Walker’s claim that Act 10’s anti-collective bargaining approach was required to balance Wisconsin’s budget is belied by two unassailable facts. First, there were a number of provisions in the law, including an annual union recertification requirement and an anti-dues checkoff provision, which had absolutely nothing to do with …


The Great Recession And Its Implications For Community Policing, Matthew J. Parlow Jan 2012

The Great Recession And Its Implications For Community Policing, Matthew J. Parlow

Faculty Publications

During the last twenty years, community policing has been the dominant approach to local law enforcement. Community policing is based, in part, on the broken windows theory of public safety. The broken windows theory suggests a link between low-level crime and violent crime — that is, if minor offenses are allowed to pervade a community, they will lead to a proliferation of crime and, ultimately, a community plagued by violent crime. To maintain a perception of community orderliness, many local governments adopted “order maintenance” laws — such as panhandling ordinances and anti-homeless statutes. This emphasis on cracking down on such …


Bypassing Habeas: The Right To Effective Assistance Requires Earlier Supreme Court Intervention In Cases Of Attorney Incompetence, Michael M. O'Hear Jan 2012

Bypassing Habeas: The Right To Effective Assistance Requires Earlier Supreme Court Intervention In Cases Of Attorney Incompetence, Michael M. O'Hear

Faculty Publications

No abstract provided.


Privatizing Workplace Privacy, Paul M. Secunda Jan 2012

Privatizing Workplace Privacy, Paul M. Secunda

Faculty Publications

Perhaps “the” question in this age of workplace technological innovation concerns the amount of privacy employees should have in electronic locations in the workplace. An important related question is whether public-sector and private-sector employees, who have different legal statuses under the state action doctrine, should enjoy the same level of workplace privacy. Recently, in the Fourth Amendment workplace privacy case of City of Ontario v. Quon, the United States Supreme Court considered both of these questions. Quon involved alleged privacy violations by a city police department when it audited an officer’s text messages from his city-issued pager. In a cryptic …


Muted Message: Capital Punishment In The Hollywood Cinema, David Ray Papke Jan 2012

Muted Message: Capital Punishment In The Hollywood Cinema, David Ray Papke

Faculty Publications

Contemporary Hollywood films seem at first glance to be opposed to capital punishment. However, this article’s consideration of five surprisingly similar films (Dead Man Walking, The Chamber, Last Dance, True Crime, and The Life of David Gale) finds they do not truly and consistently condemn capital punishment. Instead of suggesting that the practice of capital punishment is fundamentally immoral and should in general be ended, the films champion only worthy individuals on death row and delight primarily in the personal growth of other characters who attempt to aid the condemned. In the end, Hollywood offers only a muted message regarding …


Volume 96, Winter 2012 Masthead, Marquette University Law Review Jan 2012

Volume 96, Winter 2012 Masthead, Marquette University Law Review

Marquette Law Review

None


Volume 96, Winter 2012 Table Of Contents, Marquette University Law Review Jan 2012

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 Jan 2012

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 Jan 2012

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.


Examining An Underdeveloped Constitutional Standard: Trial In Absentia And The Relinquishment Of A Criminal Defendant's Right To Be Present, Eugene L. Shapiro Jan 2012

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 Jan 2012

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 …


Democratic Values In A Digitized World: Regulating Internet Speech In Schools To Further The Educational Mission, Maureen Sullivan Jan 2012

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 …


Toward Harmonization: British Olympic Ass’N V. World Anti-Doping Agency, John T. Wendt Jan 2012

Toward Harmonization: British Olympic Ass’N V. World Anti-Doping Agency, John T. Wendt

Marquette Sports Law Review

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Major Violations For The Ncaa: How The Ncaa Can Apply The Dodd-Frank Act To Reform Its Own Corporate Governance Scheme, Jason P. Rudderman Jan 2012

Major Violations For The Ncaa: How The Ncaa Can Apply The Dodd-Frank Act To Reform Its Own Corporate Governance Scheme, Jason P. Rudderman

Marquette Sports Law Review

None


Promoting Competition Or Preventing It? A Competition Law Analysis Of Uefa’S Financial Fair Play Rules, Clinton R. Long Jan 2012

Promoting Competition Or Preventing It? A Competition Law Analysis Of Uefa’S Financial Fair Play Rules, Clinton R. Long

Marquette Sports Law Review

None


The World Anti-Doping Code, The Athlete’S Duty Of “Utmost Caution,” And The Elimination Of Cheating, Paul A. Czarnota Jan 2012

The World Anti-Doping Code, The Athlete’S Duty Of “Utmost Caution,” And The Elimination Of Cheating, Paul A. Czarnota

Marquette Sports Law Review

None


Table Of Contents Jan 2012

Table Of Contents

Marquette Sports Law Review

None


Ncaa As State Actor: Much Ado About Nothing, Josephine (Jo) Potuto Jan 2012

Ncaa As State Actor: Much Ado About Nothing, Josephine (Jo) Potuto

Marquette Sports Law Review

None


Title Ix At Forty: An Introduction And Historical Review Of Forty Legal Developments That Shaped Gender Equity Law, Paul M. Anderson Jan 2012

Title Ix At Forty: An Introduction And Historical Review Of Forty Legal Developments That Shaped Gender Equity Law, Paul M. Anderson

Marquette Sports Law Review

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Dear Colleague Letter: Athletic Activities Counted For Title Ix Compliance - September 17, 2008 Jan 2012

Dear Colleague Letter: Athletic Activities Counted For Title Ix Compliance - September 17, 2008

Marquette Sports Law Review

None


Dear Colleague Letter: Intercollegiate Athletics Policy: Three-Part Test - Part Three - April 20, 2010 Jan 2012

Dear Colleague Letter: Intercollegiate Athletics Policy: Three-Part Test - Part Three - April 20, 2010

Marquette Sports Law Review

None


Dear Colleague Letter (Sexual Violence Letter) - April 4, 2011 Jan 2012

Dear Colleague Letter (Sexual Violence Letter) - April 4, 2011

Marquette Sports Law Review

None


Index: Sports Law In Law Reviews And Journals, Jeremy Daniel Heacox Jan 2012

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 Jan 2012

Index: Sports Law In Law Reviews And Journals, Kyle M. Tompkins

Marquette Sports Law Review

None


Hooray Beer!?: How The Reemergence Of Alcohol Sales At Campus Stadiums Will Affect Universities, Eric M. Mcgregor Jan 2012

Hooray Beer!?: How The Reemergence Of Alcohol Sales At Campus Stadiums Will Affect Universities, Eric M. Mcgregor

Marquette Sports Law Review

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