Law Commons^™

Pro Se Trends And Divorce In Wisconsin, Judith G. Mcmullen

Faculty Publications

No abstract provided.

Likeability V. Competence: The Impossible Choice Faced By Female Politicians, Attenuated By Lawyers, Andrea K. Schneider, Catherine H. Tinsley, Sandra Cheldelin, Emily T. Amanatullah

Faculty Publications

The 2008 election highlighted a dilemma often faced by women in the professional world - a double bind between being perceived as competent or as likeable. Both qualities are imperative for success but the incongruity of normative female roles (warm, nurturing) with characteristics perceived necessary for professional success (independence, assertiveness) means that women are either seen as likeable, but incompetent, or as competent, but unlikeable. Wherever you fell along the political spectrum, it is clear that Hillary Clinton’s historic candidacy for the Presidency of the United States followed by Sarah Palin’s candidacy for Vice-President provided a unique lens for considering …

Prioritizing Justice: Combating Corporate Crime From Task Force To Top Priority, Mary Kreiner Ramirez

Marquette Law Review

Inadequate law enforcement against corporate criminals appears to have created perverse incentives leading to an economic crisis — this time in the context of the subprime mortgage crisis. Prioritizing Justice proposes institutional reform at the Department of Justice (DOJ) in pursuing corporate crime. Presently, corporate crime is pursued nationally primarily through the DOJ Financial Fraud Enforcement Task Force and other task forces, the DOJ Criminal Division Fraud Section, and the individual U.S. Attorneys' Offices. Rather than a collection of ad hoc task forces that seek to coordinate policy among a vast array of offices and agencies, a Corporate Crimes Division …

Beyond Deception: Finding Prudential Boundaries Between Breach Of Contract And Deceptive Trade Practices Act Violations In Wisconsin, Donald R. Stroud Iii

Marquette Law Review

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Another Thorn In The "Semantic Briar Patch" Of The Hanging Paragraph: Is Negative Equity A Purchase Money Security Interest?, Rachel M. Helmers

Marquette Law Review

None

Table Of Contents For Volume 93 Issue 3, Marquette University

Marquette Law Review

None

Wisconsin Open Records Law After Wiredata: Still Viable To Protect Public Access To Information?, Jessica L. Farley

Marquette Law Review

None

Living Property: A New Status For Animals Within The Legal System, David Favre

Marquette Law Review

This Article develops the proposition that non-human animals can possess and exercise legal rights. This proposal is supported by the fact that our legal system already accommodates a number of animal interests within the criminal anti-cruelty laws and civil trust laws. To make a more coherent package of all animal-related public policy issues, it is useful to acknowledge the existence of a fourth category of property, living property. Once separated out from other property, a new area of jurisprudence will evolve, providing legal rights for at least some animals. This Article establishes why animals should receive consideration within the legal …

The False Dilemma Of The Economic Loss Doctrine, Ralph A. Anzivino

Marquette Law Review

A defective product causes various types of damages. The type of damage suffered generally determines whether contract or tort law will govern resolution of the parties’ dispute. Contract law will control when the loss suffered is considered to be solely economic loss. For example, when a machine does not produce the number of parts/minute as warranted by the seller, the loss is solely an economic loss. On the other hand, when a defective product causes personal injury, tort law will be utilized to resolve the dispute. However, when the defective product causes “other property” damage (not economic loss or personal …

Intent And Empirics: Race To The Subprime, Carol Necole Brown

Marquette Law Review

The United States’ history of racially discriminatory banking, housing, and property policies created a community of black Americans accustomed to exploitative financial services and vulnerable to victimization by subprime lenders. My thesis is that black borrowers are experiencing a new iteration of intentional housing discrimination in the twentieth and twenty-first centuries; lenders identified a vulnerable 'emerging market' of black homeowners and borrowers and knowingly targeted them to receive subprime or predatory loan products when equally situated white borrowers were given superior, prime mortgage products. This Article explores how disparate lending practices coupled with banking deregulation undermined the Congressional push for …

High-Tech View: The Use Of Immersive Virtual Environments In Jury Trials, Carrie Leonetti, Jeremy Bailenson

Marquette Law Review

This Article makes both empirical and normative claims about the admissibility of immersive-virtual-environment evidence during a jury trial. The empirical claim is that IVE evidence will inevitably enter the American courtroom; the normative one is that this inevitable entrance is a positive development for the jury’s search for truth. It argues that, while the digital projections created by an IVE are not perfectly realistic representations of the objects that they seek to recreate, an IVE can, nonetheless, be a fair and accurate representation of the scene that it represents, as long as an expert witness could lay the appropriate foundation …

Table Of Contents For Volume 93, Issue 1, Marquette University

Marquette Law Review

None.

A Post-Ksr Consideration Of Gene Patents: The "Obvious To Try" Standard Limits The Patentability Of Genes, Ying Pan

Marquette Law Review

There are approximately 20,000 patents involving genes. For example, “[n]ine patents have been applied for on the genes which determine your eyeball, 40 on those for your heart, and no fewer than 152 on a single grain of rice.” However, scholars and practitioners often question the scope and validity of gene patents on the grounds that genes are so essential for any being and so important to basic research that it is unethical to grant a private monopoly on them and that gene patents may hinder important research.

These arguments against gene patents generally aim to overturn court precedent or …

Tibet And The Media: Perspectives From Beijing, Andrew Wei-Min Lee

Marquette Law Review

Tibet is one of China’s most high profile and controversial media issues. I have found it to be a topic that polarizes people and flares emotion. Extreme accusations fly, passionate arguments are used, and fiery language is invoked. Discussions about Tibet often expand to broader assertions about China’s human rights record, censorship in China, and Western bias against China. Inevitably, the media gets blamed for being a propagandist or a mouthpiece, or for distorting the truth.

Addressing all of Tibet’s issues is beyond the scope of this Essay. This Essay focuses on opinions of the media’s portrayal of Tibet from …

Negative And Positive Roles Of Media In The Belgian Conflict: A Model For De-Escalation, Martin Euwema, Alain Verbeke

Marquette Law Review

The Kingdom of Belgium straddles the cultural boundary between Germanic and Latin Europe, and is home to two main linguistic groups: the Dutch-speaking Flemish and the French-speaking Walloons.

Early in the twentieth century, King Albert I was told by a Walloon political leader, “Sire, there are no Belgians anymore, only Flemings and Walloons.” The Belgian conflict between the Flemish North and the Francophone South is a typical multi-issue conflict that combines issues of history, culture, and identity, with strong economic dimensions. The conflict has a long history: “The heat of the discussions in the media, parliament and public opinion led …

Derelict Of Duty: The American News Media, Terrorism, And The War In Iraq, Douglas M. Mcleod

Marquette Law Review

Normative conceptions of the role that news media organizations should play in democratic societies prescribe two related, yet at times contradictory, functions for the press: (1) The news media should provide a forum for competing ideas so that the public can make informed, intelligent decisions; and (2) the news media should play an active role in ferreting out the truth. The sad reality is that in the coverage of social conflicts, especially in the aftermath of the September 11th terrorist attacks, the media do an inadequate job of performing either of these functions. In fact, the media may incorrectly interpret …

Media And Conflict Resolution: A Framework For Analysis, Eytan Gilboa

Marquette Law Review

Despite the critical significance of the roles played by media in conflict and conflict resolution, this area has been relatively neglected by both scholars and practitioners. Most existing studies focus on the often negative contributions of the media to the escalation and violence phases of conflict. Very few studies deal with the actual or potential media contributions to conflict resolution and reconciliation. Indeed, the media, particularly radio and television, were instrumental in fomenting conflict and violence in places such as Rwanda and Bosnia. The Danish cartoon controversy also demonstrates that the media can even cause a violent conflict. Scholars and …

The Impact Of News Coverage On Conflict: Toward Greater Understanding, Richard C. Reuben

Marquette Law Review

To be sure, the media and conflict have been studied from the perspective of a variety of mass media theories, including framing, critical discourse analysis, and others. While this research has been helpful in describing conflict coverage, it has not yet gone the next step: to assessing the impact of that coverage on the conflict itself. I see this as an interdisciplinary task, and in this Article, I propose that principles of conflict theory can be joined with mass communications research to take this next step, to explore and understand the question of the news media’s impact on conflict. In …

In The Global Village, Can War Survive?, Susan G. Hackley

Marquette Law Review

William L. Ury once asked: "What if fighting, violence, and war were preventable—and we simply didn’t know it? What if we didn’t know it because we had never fully tried to prevent them? What if we had never really tried because we had never really believed prevention to be possible?"

Most people understandably steer clear of violent conflict, only reading about it in their morning newspaper or online, or watching it on the evening news from the safety of their homes. Others, however, choose work that takes them directly into harm’s way. Soldiers, of course, are in a profession that …

Is Journalism Interested In Resolution, Or Only In Conflict?, John J. Pauly

Marquette Law Review

For anyone seeking the peaceful resolution of international conflicts and disputes, and hoping journalism might contribute to that goal, an unasked question hangs uncomfortably over this analysis: Is journalism as deeply committed to the resolution of human conflict as it is to its meticulous documentation? For violent conflicts such as war, genocide, and terrorism, the stakes are particularly high. Is journalism’s possessive investment in disorder so great that it lacks the will or ability to change its habits, presuming that such change would be desirable for all of us?

Journalists’ own way of talking about their work can blur the …

International Media And Conflict Resolution: Making The Connection, Andrea Kupfer Schneider

Marquette Law Review

For conflict resolution scholars, the idea of focusing on the media is a logical one. After all, the media is the primary method through which the public and political leadership perceive and understand conflicts at home and abroad. If we are working to better handle these conflicts, the way that these conflicts are explained and understood is a crucial part of that process. Do the media have a responsibility to report all sides, even if one side is “wrong”? Do the media share in responsibility for escalation of a conflict if the reporting is incendiary? (The conviction of certain media …

Table Of Contents

Marquette Intellectual Property Law Review

None.

Utilitarian Information Works - Is Originality The Proper Lens?, Dana Beldiman

Marquette Intellectual Property Law Review

As the information society advances, vastly increased numbers of utilitarian information works (UIW) are being produced. In general, these works are deemed protected by copyright law, even though the philosophical underpinnings of copyright law clash with the attributes of UIW. This Article examines the cause for the uneasy relationship between UIW and the concept of originality. Part I discusses the role of information and UIW as one of the core wealth-producing assets of the knowledge-based economy. This economy is characterized by a rapid pace of innovation, which in turn, requires unrestricted access to information. Part II examines copyright law as …

Fixing Our Broken Patent System, Jay Dratler

Marquette Intellectual Property Law Review

This short Article digests what the Author see as the most important substantive criticism and proposes specific solutions in the form of the "guts" of a new patent statute. Its statutory proposal tracks the current statute's organization and has numerous annotations explaining what is the same, what is changed and why, and what never-before-codified principles of judge-made law are explicitly codified. Among the proposed statute's fundamental changes are: (1) explicit restrictions on patentable subject matter to avoid patents on bare abstractions; (2) adoption of a first-to-file system requiring worldwide novelty; (3) abolition of the doctrine of constructive reduction to practice …

Generic Entry In A Rough Economy - Proposed Legislation May Ease Health Care Costs, Laura J. Grebe

Marquette Intellectual Property Law Review

When generic drugs seek FDA approval, the pharmaceutical company files an Abbreviated New Drug Application (ANDA), in which the generic company establishes bioequivalence to its usually patented counterpart. The ANDA filer must also certify that, to the best of the filer's knowledge, the generic will not infringe on a current patent-holder's rights. This can be done by showing (1) no patent on the product exists, (2) the patent is expired, (3) the patent will expire by the time the generic is marketed, or (4) the ANDA filer believes the patent is invalid - called a Paragraph IV certification. A Paragraph …

Complimentary Creation: Protecting Fan Fiction As Fair Use, Rachel L. Stroude

Marquette Intellectual Property Law Review

This Comment discusses, by focusing on the treatment of fan fiction, the tension a court faces each time it encounters a fair use doctrine analysis. First, this Comment describes the nature of fan fiction, the two types of fan fiction referential works and participatory works, and the potential commerciality of fan fiction. Second, this Comment analyzes courts' treatment of referential works and explains why courts have not encountered participatory works. Next, this Comment discusses that while courts have guided authors of referential works regarding how to create a non-infringing work, courts have yet to consider how to protect participatory works. …

Emerging Scholars Series: A Re-Examination Of The Original Foundations Of Anglo-American Trademark Law, Cesar Ramirez-Montes

Marquette Intellectual Property Law Review

Contemporary accounts of the normative basis of Anglo-American trademark law frequently describe the purpose of the legal doctrine as having developed to protect primarily the consumers from being misled. Recently, some commentators have offered a different account of the law, as having developed to protect mainly the interests of the traders in not having their trade diverted. Under this account, early trademark law served one master only, the producer, with any additional benefit or protection to consumers being unintended. In this Article, the Author challenges both accounts and suggest that early trademark law was not driven by any judicial desire …

Table Of Contents

Marquette Intellectual Property Law Review

None.

Can Summer Training Camp Practices Land Nfl Head Coaches In Hot Water?, Timothy Patrick Hayden

Marquette Sports Law Review

No abstract provided.

Why Do We Need A Lawyer?: An Empirical Study Of Divorce Cases, Judith G. Mcmullen, Debra Oswald

Faculty Publications

There has been a steady increase in the number of self-represented divorce litigants in recent years. Do divorcing couples just want to save money, or are other factors at play in the decision to go pro se in one’s divorce? This article looks at a random sample of 567 divorce cases in Waukesha County, Wisconsin, where a higher-than-average median income suggests that inability to afford a divorce lawyer is not the only factor in the decision to self-represent.

The article examines characteristics of litigants that are associated with proceeding pro se, and examines the length of the divorce process and …