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Marquette University Law School

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Articles 1771 - 1800 of 6614

Full-Text Articles in Law

The Dilemma Of The Vengeful Client: A Prescriptive Framework For Cooling The Flames Of Anger, Robin Wellford Slocum Apr 2009

The Dilemma Of The Vengeful Client: A Prescriptive Framework For Cooling The Flames Of Anger, Robin Wellford Slocum

Marquette Law Review

None


Making Sense Of Schaumberg: Seeking Coherence In First Amendment Charitable Solicitation Law, John D. Inazu Apr 2009

Making Sense Of Schaumberg: Seeking Coherence In First Amendment Charitable Solicitation Law, John D. Inazu

Marquette Law Review

None


Worksite Raids And Immigration Norms: A "Sticky" Problem, Benjamin Crouse Apr 2009

Worksite Raids And Immigration Norms: A "Sticky" Problem, Benjamin Crouse

Marquette Law Review

None


Same-Sex Divorce And Wisconsin Courts: Imperfect Harmony?, Louis Thorson Apr 2009

Same-Sex Divorce And Wisconsin Courts: Imperfect Harmony?, Louis Thorson

Marquette Law Review

None


Media And Conflict Resolution: A Framework For Analysis, Eytan Gilboa Mar 2009

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

Marquette Law Review Conferences

No abstract provided.


Political Violence And The Media, Robert G. Meadow Mar 2009

Political Violence And The Media, Robert G. Meadow

Marquette Law Review Conferences

No abstract provided.


The Impact Of News Coverage On Conflict: Toward Greater Understanding, Richard C. Reuben Mar 2009

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

Marquette Law Review Conferences

No abstract provided.


Eliminationist Discourse In A Conflicted Society: Lessons For America From Africa?, Phyllis E. Bernard Mar 2009

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

Marquette Law Review Conferences

No abstract provided.


In The Global Village, Can War Survive?, Susan G. Hackley Mar 2009

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

Marquette Law Review Conferences

No abstract provided.


Derelict Of Duty: The American News Media, Terrorism, And The War In Iraq, Douglas M. Mcleod Mar 2009

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

Marquette Law Review Conferences

No abstract provided.


Mediating Post-Conflict Dialogue: The Media's Role In Transitional Justice Processes, Lisa J. Laplante, Kelly Phenicie Mar 2009

Mediating Post-Conflict Dialogue: The Media's Role In Transitional Justice Processes, Lisa J. Laplante, Kelly Phenicie

Marquette Law Review Conferences

No abstract provided.


Terror In Cyberspace, Gabriel Weimann Mar 2009

Terror In Cyberspace, Gabriel Weimann

Marquette Law Review Conferences

No abstract provided.


Observations From An American Conflict Resolution Professional In Serbia On The Effects Of The Accessibility Of International Media, Lynn M. Malley Mar 2009

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

Marquette Law Review Conferences

No abstract provided.


Tibet And The Media: Perspectives From Beijing, Andrew Wei-Min Lee Mar 2009

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

Marquette Law Review Conferences

No abstract provided.


Negative And Positive Roles Of Media In The Belgian Conflict: A Model For De-Escalation, Martin Euwema, Alain Verbeke Mar 2009

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

Marquette Law Review Conferences

No abstract provided.


Is Journalism Interested In Resolution, Or Only In Conflict?, John J. Pauly Mar 2009

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

Marquette Law Review Conferences

No abstract provided.


International Media And Conflict Resolution: Making The Connection, Andrea Kupfer Schneider Mar 2009

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

Marquette Law Review Conferences

No abstract provided.


What Goes Around, Comes Around: How Indian Tribes Can Profit In The Aftermath Of Seminole Tribe And Florida Prepaid, Jeremiah A. Bryar Jan 2009

What Goes Around, Comes Around: How Indian Tribes Can Profit In The Aftermath Of Seminole Tribe And Florida Prepaid, Jeremiah A. Bryar

Marquette Intellectual Property Law Review

Of the approximate 1.5 million American Indians living in the United States only 403,714 were employed in 2001 and nearly one-third of them lived below the poverty line. This article explains that one possible solution to American Indian poverty is the creation of sovereign chartered research groups that would be shielded by tribal sovereign immunity. In patent law there are exceptions to a patent owner's ability to bring a successful suit against patent infringers. One of these exceptions is when a sovereign, such as an American Indian tribe, infringes on a patent owner's patent. Tribal sovereign immunity means that American …


Table Of Contents Jan 2009

Table Of Contents

Marquette Intellectual Property Law Review

None.


2008 Antitrust Developments In Professional Sports: To The Single Entity And Beyond, James T. Mckeown Jan 2009

2008 Antitrust Developments In Professional Sports: To The Single Entity And Beyond, James T. Mckeown

Marquette Sports Law Review

No abstract provided.


International Legal Protection Of Trademarks In China, Robert H. Hu Jan 2009

International Legal Protection Of Trademarks In China, Robert H. Hu

Marquette Intellectual Property Law Review

In China, the concept of intellectual property is relatively new. Chinese officials began taking steps towards trademark regulations in the 1950s, but it was not until 1982 that the first Chinese Trademark Law was enacted. Today, because of the growing global economy, China has had the highest number of trademark requests in the world for the fifth year in a row. In response to domestic and international pressures, Chinese trademark law and courts have had to adapt to the ever-changing landscape. This article first examines the development of Chinese intellectual property law through the international trademark agreements where China is …


Nanobiotechnology, Synthetic Biology, And Rnai: Patent Portfolios For Maximal Near-Term Commercialization And Commons For Maximal Long-Term Medical Gain, Thomas M. Mackey Jan 2009

Nanobiotechnology, Synthetic Biology, And Rnai: Patent Portfolios For Maximal Near-Term Commercialization And Commons For Maximal Long-Term Medical Gain, Thomas M. Mackey

Marquette Intellectual Property Law Review

This article examines patent portfolio construction and management of three nascent technologies: nanobiotechnology, synthetic biology, and interference RNA. The author outlines how a practitioner can use patent portfolios to help his or her client to maximize long-term gain. Finally, the article advocates changes that would remove barriers to patentability and increase patent quality.


Navigating The Safe Harbor Rule: The Need For A Dmca Compass, Tiffany N. Beaty Jan 2009

Navigating The Safe Harbor Rule: The Need For A Dmca Compass, Tiffany N. Beaty

Marquette Intellectual Property Law Review

The internet is a medium for more than just email and web browsing. Today, many internet users utilize the internet to access and share music, movies, and other types of media. Copyright law has attempted to keep up with the dynamic nature of the internet; however, this Comment posits it has only been marginally successful. The author examines whether the Safe Harbor Rule of the Digital Millennium Copyright Act (DCMA) is sufficient in balancing the need to protect copyright owners against the need for Internet Service Providers to be protected from third-party user suits. In doing so, the author concludes …


Emerging Scholars Series: Cross-Border Injunctions In U.S. Patent Cases And Their Enforcement Abroad, Marketa Trimble Jan 2009

Emerging Scholars Series: Cross-Border Injunctions In U.S. Patent Cases And Their Enforcement Abroad, Marketa Trimble

Marquette Intellectual Property Law Review

Injunctions enforcing a patentee's right to exclude provide an incentive to invent; however, injunctions are only effective if they can be enforced. Enforcing an injunction becomes problematic when other jurisdictions are involved, yet plaintiffs request such injunctions despite the potential inherent difficulties of cross-border enforcement. The author empirically analyzes the number and types of cross-border injunctions issued in the United States against foreign entities by discussing methods of enforcing injunctions abroad and the difficulties inherent in those methods. Comparing cases of cross-border injunctions issued by European courts, the author reviews the controversial pan-European injunction that covers not only the territory …


Where Is The Privacy In Wada's "Whereabouts" Rule? , James Halt Jan 2009

Where Is The Privacy In Wada's "Whereabouts" Rule? , James Halt

Marquette Sports Law Review

No abstract provided.


A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Ed Edmonds Jan 2009

A Most Interesting Part Of Baseball's Monetary Structure - Salary Arbitration In Its Thirty-Fifth Year, Ed Edmonds

Marquette Sports Law Review

No abstract provided.


Age Discrimination In The Delivery Of Health Care Services To Our Elders, Phoebe Weaver Williams Jan 2009

Age Discrimination In The Delivery Of Health Care Services To Our Elders, Phoebe Weaver Williams

Faculty Publications

The problem of health care providers making age biased decisions when treating elderly patients has received considerable attention and condemnation from both medical and social science researchers. When health care providers offer inappropriate or less care to patients because of their advanced chronological age, they potentially violate the Age Act of 1975. However, a review of the cases litigated under the Age Act suggests that advocates, regulators, and elders have not used the Age Act to address even the most blatant ageist practices in health care. Using methods developed to identify unlawful discrimination under employment and civil rights laws, this …


Explaining Sentences, Michael M. O'Hear Jan 2009

Explaining Sentences, Michael M. O'Hear

Faculty Publications

Despite the Supreme Court's 2005 decision in United States v. Booker, which enhanced the power of district court judges to sentence defendants below the range prescribed by the federal sentencing guidelines, the great majority of federal sentences continue to follow the guidelines' recommendations. As defendants have challenged these practices, one commonly litigated issue has been the question of whether district court judges are obligated to explain themselves when they reject a defendant's argument for a below-guidelines sentence. In the immediate aftermath of Booker, a handful of federal circuits adopted such an explanation requirement. Since 2005, however, the tide has turned, …


Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow Jan 2009

Off-Court Misbehavior: Sports Leagues And Private Punishment, Janine Young Kim, Matthew J. Parlow

Faculty Publications

This Essay examines how professional sports leagues address (apparently increasing) criminal activity by players off of the field or court. It analyzes the power of professional sports leagues and, in particular, the commissioners of those leagues, to discipline wayward athletes. Such discipline is often met with great controversy - from players’ unions and commentators alike - especially when a commissioner invokes the “in the best interest of the sport” clause of the professional sports league’s constitution and bylaws. The Essay then contextualizes such league discipline in criminal punishment theory - juxtaposing punishment norms in public law with incentives and rationales …


Bargaining In The Shadow Of (International) Law: What The Normalization Of Adjudication In International Governance Regimes Means For Dispute Resolution, Andrea K. Schneider Jan 2009

Bargaining In The Shadow Of (International) Law: What The Normalization Of Adjudication In International Governance Regimes Means For Dispute Resolution, Andrea K. Schneider

Faculty Publications

After examining the similar goals and values that drive the simultaneous increase in international trials and the decrease in U.S. trials, the article then examines the challenges international adjudication poses to dealing with human rights violations and transitional justice situations. Simplistically, these tensions can be viewed as the need to strike a balance between peace and justice, top-down implementation and bottom-up impact, and process efficiency and conflict customization. The good news is that these challenges have been slowly working themselves out as the next generation of international adjudication models continues to improve. This continued improvement and normalization leads to an …