Law Commons^™

Book Review: Headless Horsemen: A Tale Of Chemical Colts, Subprime Sales Agents, And The Last Kentucky Derby On Steroids, Andrew Medeiros

Marquette Sports Law Review

No abstract provided.

Observations From An American Conflict Resolution Professional In Serbia On The Effects Of The Accessibility Of International Media, Lynn M. Malley

Marquette Law Review

In this Essay, I will address media coverage of four incidents that occurred while I was living and teaching in Belgrade, the capital of Serbia and Montenegro, during 2003 to 2005: the March 2004 violence in Kosovo; a visit to Sarajevo, the capital of Bosnia and Herzegovina, in January 2005; the International Competition for Online Dispute Resolution (ICODR) during the winter of 2005; and a remembrance of the tenth anniversary of the Srebrenica Massacre in May 2005.

It is the business of conflict resolution professionals to look beyond the contours of the conflict situations in which they work. Filling in …

Eliminationist Discourse In A Conflicted Society: Lessons For America From Africa?, Phyllis E. Bernard

Marquette Law Review

For generations, Western society has taken pride in welcoming all types of discourse in the press, radio, or television; the livelier, the better. Outrage often awaits individuals or institutions suggesting that some passionate rhetoric in the public square invites danger that outweighs the theoretical value of free expression. This Article proceeds from the assumption that—from a less lofty, more grassroots perspective—modern, organized, formal, one-time venues for extremist political speech do not present the most potent threat to physical safety and a stable democracy. The greater danger emanates from pervasive right-wing extremist themes on radio, television, and some online news sources …

Racial Hate Speech: A Comparative Analysis Of The Impact Of International Human Rights Law Upon The Law Of The United Kingdom And The United States, Stanley Halpin

Marquette Law Review

Hate speech poses a unique problem in the realm of rights protection. Principles of freedom of expression promote its protection, whereas principles of equality favor its restriction. International human rights law, the constitutional law of the United States, and the domestic and constitutional law of Great Britain present different and frequently contradictory doctrines on the resolution of this issue, in spite of their shared common law history and theory of rights protection. The United States Supreme Court’s opposition to absorption of international standards has been strong and exceptionally so when confronted with international rules proscribing hate speech. This experience contrasts …

(Unfair) Advantage: Damocles’ Sword And The Coercive Use Of Immigration Status In A Civil Society, David P. Weber

Marquette Law Review

This article argues that the coercive use of immigration status or “status coercion” in civil proceedings and negotiations is fundamentally unethical and potentially illegal. For attorneys attempting to take advantage of unauthorized immigration status, such conduct very likely violates an attorney's ethical obligations under the Rules of Professional Responsibility and wrongfully takes advantage of an overly vulnerable population. For the judiciary, the article argues for a more proactive approach in maintaining the perception of fairness and justice in civil proceedings for all parties, regardless of immigration status. Additionally, for both legal and lay persons, status coercion may constitute the crime …

Error Correction, Chad M. Oldfather

Faculty Publications

Under most accounts of appellate review, error correction stands with law declaration as the core purposes of the process. Yet while a vast amount of scholarship addresses the process of judicial law creation, error correction has received comparatively little attention. Indeed, there appears to be a consensus that it is straightforward and settled, and that the lack of attention is warranted.

One goal of this article is to challenge this understanding. To be sure, the architecture of our judiciary reflects a worldview in which legal questions have correct answers and courts' role is simply to find them. On that understanding …

Can An Arbitrator Be Given The Authority To Decide Whether An Agreement To Arbitrate Is Enforceable?, Jay E. Grenig

Faculty Publications

No abstract provided.

Online Auction House Liability For The Sale Of Trademark Infringing Products, Allison N. Ziegler

Marquette Intellectual Property Law Review

With the rise of the Internet, trademark owners have seen an increase in online trademark infringement. This Comment examines online auction house liability for the sale of trademark infringing products and the methodology used by courts in making this determination. The author outlines contributory trademark jurisprudence in the United States and France and the application of this jurisprudence in Tiffany v. EBay and LVMH v. EBay, respectively. The article then evaluates the implications of the two approaches to determine which approach is more practical and effective. The author concludes that online auction houses should not be liable for trademark infringement …

Law Review Annual Banquet: The Joy Of Law, The Honorable William C. Griesbach

Marquette Law Review

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Jamie S. V. Milwaukee Public Schools: Urban Challenges Cause Systemic Violations Of The Idea, Amy L. Macardy

Marquette Law Review

None

"Slicing A Shadow": The Debate Over Combined Reporting And Its Effect On Wisconsin's Business Climate, Staci Flinchbaugh

Marquette Law Review

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Informational Blackmail: Survived By Technicality?, Chen Yehudai

Marquette Law Review

None

The Disappointed Expectations Test And The Economic Loss Doctrine, Ralph C. Anzivino

Marquette Law Review

None

Draining The Morass: Ending The Jurisprudentially Unsound Unpublication System, David R. Cleveland

Marquette Law Review

None

Beyond Decisional Templates: The Role Of Imaginative Justice In The Trial Court, The Honorable Sarah Evans Barker

Marquette Law Review

None

The Legitimacy Of Police Among Young African-American Men, Tracey Meares

Marquette Law Review

None

Table Of Contents For Volume 92 Issue 4, Marquette University

Marquette Law Review

None

Be Wise: Revise, Lisa A. Mazzie

Faculty Publications

No abstract provided.

Accomodating Respectful Religious Expression In The Workplace, Nantiya Ruan

Marquette Law Review

None

The Copyright Revision Act Of 2026, Jessica Litman

Marquette Intellectual Property Law Review

American copyright law is broken. In fact, its failings are leading lawyers and scholars to find resourceful strategies to work around the deficiencies in the current state of the law. These strategies, the lecturer argues, indicate that a fundamental overhaul of copyright law is imminent. After lamenting the disconnect between academia and the practicing bar and examining the present laws' shortcomings felt by authors, distributors, and consumers alike, the lecturer provides three goals a new copyright regime should meet. First, copyright law should be more easily accessible and, likewise, understandable for non-lawyers. Second, the new copyright laws should reduce the …

Rethinking Patent Fraud Enforcement In A Reform Era, Kali Murray, Dmitriy Vinarov

Marquette Intellectual Property Law Review

This Article contends that, while the defense of inequitable conduct offers an avenue to combat fraudulent patent applications, the doctrine suffers from shortcomings that spring from two compromises. First, the amorphous nature of the equitable defense prompts institutional conflict between the United States Patent and Trademark Office and the Federal Circuit. Second, by relegating enforcement solely to a patentee's market competitors, the defense fails to protect the public interest adequately. In light of these compromises, the authors propose two goals to guide current reform efforts in Congress. Initially, Congress's attempt to reform patent fraud enforcement should relieve the aforementioned institutional …

Trademark Fair Use: Braun® Versus The Bunny, Vanessa P. Rollins

Marquette Intellectual Property Law Review

Nominative fair use is a contentious issue in the field of trademark law. Manufacturers of original products who oppose the use of their actual products in advertisements for complementary goods often resort to the Lanham Act to prevent such practices. Courts have found the use of another's product in the advertising of complementary goods falls outside the nominative fair use defense. This article examines the nominative fair use defense and whether nominative fair use should encompass such uses.

Toward A More Reliable Fact-Finder In Patent Litigation, Amy Tindell

Marquette Intellectual Property Law Review

Juries have been perceived as a blessing and a curse. They are perceived differently in different areas of law. For example, practitioners in patent law view juries in a negative light as the fact finders. In accordance with this view, Federal Courts of Appeals have begun to narrow the role of juries in patent trials. This paper follows the development of the Seventh Amendment in the patent context and its current status. This paper then proposes a system similar to peer-review to replace the traditional jury in patent trials.

Not All Grace Periods Are Created Equal: Building A Grace Period From The Ground Up, Renee E. Metzler

Marquette Intellectual Property Law Review

The grace period for patent application filing is the amount of time a patent applicant has to file the application after the invention has been disclosed to the public. The rules and amount of time allowed vary greatly among countries. This comment explores the theoretical justifications for a grace period, the structural elements of a grace period, and other approaches to a grace period used in countries outside of the United States. The author proposes an ideal grace period model that would create international harmonization.

Fixing Continuing Application Practice At The Uspto, Kevin Rizzuto

Marquette Intellectual Property Law Review

Controversy surrounds continuing application practice at the United States Patent & Trademark Office. Legal scholars highlight problems with continuing application practice and ways that applicants abuse the system. Patent practitioners admit that continuing application abuses exist, yet believe that establishing limits on continuing application practice would lead to an increase in appeals to the Board of Patent Appeals and Interferences. The USPTO attributes much of its continually growing backlog to the volume of continuing applications and requests for continued examinations, and published Proposed Rules to limit continuing applications. Legal scholars and the USPTO propose solutions that are too restrictive on …

Three Cases: A Practitioner's Life In Copyright, Mary Jane Sanders

Marquette Intellectual Property Law Review

In this speech, the lecturer highlights three influential Supreme Court decisions on copyright law and explains how these cases have influenced her career. The lecturer explains that the highlighted cases had a lasting impact on the intellectual property world and are still applicable to today's copyright practitioners. Even though intellectual property law now involves more cutting edge technology, issues such as copyright infringement, copyright ownership, and the award of attorney fees will always be fundamental to any copyright litigation.

Conciseness In Legal Writing, Lisa Mazzie Hatlen

Faculty Publications

No abstract provided.

Volume 92, Issue 3 Table Of Contents, Marquette University

Marquette Law Review

None

"Ideology In" Or "Cultural Cognition Of" Judging: What Difference Does It Make?, Dan M. Kahan

Marquette Law Review

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A Matter Of Trust: Should No-Reliance Causes Bar Claims For Fraudulent Inducement Of Contract?, Allen Blair

Marquette Law Review

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