Law Commons^™

Redirecting Direct Democracy: Non-Essential Spending As Political Speech, Stephanie R. Hoffer

Marquette Law Review

Direct voting on taxes and spending have created an imbalance between direct democracy and representative democracy at local levels of government. Overreach by voters, unable to engage in debate and compromise, can force representatives into defensive and suboptimal decision-making, resulting in either underproduction or overproduction of certain public goods. As a consequence, some scholars have called for extreme limitation, or even abolition, of direct democracy in tax and spending decisions. This need not be the solution. Empirical studies of human behavior suggest that channeling direct democratic decision-making would produce results superior to those of limitation or abolition. Building a bridge …

Fueling Controversy, Randy Beck

Marquette Law Review

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Index: Sports Law In Law Reviews & Journals

Marquette Sports Law Review

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The Prosecution Of Michael Vick: Of Dogfighting, Depravity, Dual Sovereignty, And "A Clockwork Orange", Adam Harris Kurland

Marquette Sports Law Review

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The Economics Of Competitive Balance: Sports Antitrust Claims After American Needle, James T. Mckeown

Marquette Sports Law Review

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Is Sport Losing Its Integrity?, Richard H. Mclaren

Marquette Sports Law Review

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If You're Hurt, Where Is Home? Recently Drafted Minor League Baseball Players Are Compelled To Bring Workers' Compensation Action In Team's Home State Or In Jurisdiction More Favorable To Employers, James T. Masteralexis, Lisa P. Masteralexis

Marquette Sports Law Review

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Hear Me Roar: Should Universities Use Live Animals As Mascots?, Jessica Baranko

Marquette Sports Law Review

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Biting The Hand That Feeds: How Trademark Protection Might Threaten School Spirit, Michael C. Shull

Marquette Sports Law Review

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Benching Jim Crow: The Rise And Fall Of The Color Line In Southern College Sports, 1890 - 1980, Robb Kuczynski

Marquette Sports Law Review

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2010 Annual Survey: Recent Developments In Sports Law

Marquette Sports Law Review

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The New Plantation: Black Athletes, College Sports, And Predominantly White Ncaa Institutions, Jonathan Bateman

Marquette Sports Law Review

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Steinbrenner: The Last Lion Of Baseball, Dennis P. Hughes, Jr.

Marquette Sports Law Review

None.

Table Of Contents

Marquette Sports Law Review

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

Marquette Sports Law Review

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Sports.Comm: It Takes A Village To Build A Sports Facility, Martin J. Greenberg, Dennis Hughes, Jr.

Marquette Sports Law Review

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Ante Up Or Fold: What Should Be Done About Gambling In College Sports?, Erica N. Reib

Marquette Sports Law Review

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Administering Election Law, Saul Zipkin

Marquette Law Review

In recent years, commentators have expressed heightened concern about the harms to democratic legitimacy caused by political actors making decisions about the electoral process on partisan or incumbent-protecting bases. This concern has been recognized in a number of judicial opinions, but has not taken form in election law doctrine. This Article argues that administrative law presents a well-developed doctrinal resource for addressing concerns about democratic legitimacy in the electoral process. Administrative law trades off some direct electoral control for some demonstrated expertise and shores up the democratic element through lines of accountability to the legislature, the executive, and the public. …

End The Experiment: The Attorney-Client Privilege Should Not Protect Communications In The Allied Lawyer Setting, Grace M. Giesel

Marquette Law Review

In recent years, courts have seen an explosion of claims that communications need not be disclosed because they enjoy the protection of something often referred to as the “common interest doctrine.” These claims—claims of attorney–client privilege—occur in two situations: the joint client setting and the allied lawyer setting. In a joint client situation, an attorney represents two or more clients on a matter with all parties working together on the joint endeavor. In an allied lawyer situation, several entities or individuals work together on a matter of common interest but the parties have separate lawyers.

This Article argues, uncontroversially, that …

Till Death Do Us Part: Chief Justices And The United States Supreme Court, Todd C. Peppers, Chad M. Oldfather

Marquette Law Review

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Car-Ving Out Notions Of Privacy: The Impact Of Gps Tracking And Why Maynard Is A Move In The Right Direction, Justin P. Webb

Marquette Law Review

In a controversial decision in 2010, the D.C. Circuit held that warrantless GPS tracking of an automobile for an extended period of time violates the Fourth Amendment. The D.C. Circuit approached the issue in a novel way, using “mosaic theory” to assert that the aggregation of information about an individual’s movements, over an extended period of time, violated an individual’s reasonable expectation of privacy. This Note discusses how state and federal courts have dealt with warrantless GPS tracking, and ultimately asserts that the Maynard court’s decision was correct, insofar as it takes account of the interaction of changing technology and …

The Over-Protection Of Intellectual Property Rights In Sport In The United States And Elsewhere, J. Gordon Hylton

Faculty Publications

No abstract provided.

Games And Other Uncopyrightable Systems, Bruce E. Boyden

Faculty Publications

This article solves two puzzles in copyright law. First, it has long been blackletter law that games are not copyrightable. But the origins of this rule are lost to history, and the reasons for it are not obvious. Second, it has never been adequately explained what makes something a “system” excluded from copyright protection under Section 102(b) of the Copyright Act. Modern courts interpret “system” as merely a synonym for “idea” or “process,” two other categories of exclusions. Others have interpreted it using the broadest definition in the dictionary, which would sweep in large amounts of copyrightable material as well. …

Market Integration And (The Limits Of) The First Sale Rule In North American And European Trademark Law, Irene Calboli

Faculty Publications

This Article explores the intricate relationship between the exercise of trademark rights and the free movement of goods in the marketplace, and considers the effectiveness and the limitations of the principle of trademark first sale (also known as trademark exhaustion) in promoting the free movement of goods across international borders, notably across members of free trade areas. In particular, this Article examines the application of the principle of trademark first sale and the resulting process of market integration that has characterized to date the members of NAFTA and the European Union. Based upon this comparison, this Article argues that the …

There’S No Place Like Home: Applying Dispute Systems Design Theory To Create A Foreclosure Mediation System, Andrea Kupfer Schneider, Natalie C. Fleury

Faculty Publications

This article analyzes the theory of dispute system design when put into action to meet a current economic crisis. In partnership with the City of Milwaukee, Marquette University Law School designed and now operates a voluntary mediation program to deal with the foreclosure crisis. The creation of the Marquette Foreclosure Mediation Program (MFMP) is a case study in dispute system design. Because MFMP is unlike other foreclosure mediation programs - in that it is was designed in conjunction with and is now operated by a law school - the design structure and results analysis are unique and can provide important …

Dynamic Patent Governance In Europe And The United States: The Myriad Example, Kali Murray, Esther Van Zimmeren

Faculty Publications

This Article examines the emerging elements of a new model for patent governance. It is divided into four parts. In Section One, we develop a model of dynamic patent governance. This model extends the theoretical framework of network governance, to explain the emergence of networks in the decisionmaking infrastructure for the public and private actors in the patent system. Dynamic patent governance widens this theoretical framework in two key ways. First, dynamic patent governance, within its formal dimensions, is based on the idea that heterogeneous administrative actors regulate the grant and enforcement of patents. This challenges a perspective that sees …

Intellectual Property Rights And Exclusive (Subject Matter) Jurisdiction: Between Private And Public International Law, Benedetta Ubertazzi

Marquette Intellectual Property Law Review

In the recent past, prestigious courts around the world have refused to adjudicate cases relating to foreign registered or unregistered intellectual property rights (hereinafter: IPRs), where the proceedings concerned an IPR infringement claim or where the defendant in an IPR infringement action or the claimant in a declaratory action to establish that the IPR is not infringed pleaded that the IPR is invalid or void and that there is also no infringement of that right for that reason (so called validity issues incidentally raised). In these cases the refusal to adjudicate the foreign IPRs infringement and validity claims was grounded …

Prevention Of Illness, Paul Bernstein

Marquette Elder's Advisor

No abstract provided.

Table Of Contents For Volume 94 Issue 1, Marquette University

Marquette Law Review

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The Artifice Of Local Growth Politics: At-Large Elections, Ballot-Box Zoning, And Judicial Review, Kenneth A. Stahl

Marquette Law Review

Municipalities throughout the nation are plagued by a seemingly unresolvable conflict between pro-growth development interests and skeptical homeowners’ groups who oppose growth near their neighborhoods. This paper uses southern California as a case study to examine the ways in which local political structural arrangements have contributed to this conflict, and the reasons why judicial challenges to these structural arrangements have had so little success. As I argue, local politics in southern California are structured in a way that fosters an artificial dichotomy between pro-growth and anti-growth positions, subverting the possibility of compromise and suppressing a wide range of views about …