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Articles 1801 - 1830 of 6614
Full-Text Articles in Law
Judicial Review Of Olympic And International Sports Arbitration Awards: Trends And Observations, Matthew J. Mitten
Judicial Review Of Olympic And International Sports Arbitration Awards: Trends And Observations, Matthew J. Mitten
Faculty Publications
This article provides an overview of the nature and scope of judicial review of Olympic and international sports arbitration awards, primarily those rendered by the Court of Arbitration for Sport (based in Lausanne, Switzerland) and their review by the Swiss Federal Tribunal pursuant to the Swiss Federal Code on Private International Law. It also describes and compares U.S. courts' review of international sports arbitration awards pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards as well as domestic sports arbitration awards. Both Swiss and U.S. courts are permitting CAS arbitration awards to establish a …
Bark And Bite: The Environmental Sentencing Guidelines After Booker, Michael M. O'Hear
Bark And Bite: The Environmental Sentencing Guidelines After Booker, Michael M. O'Hear
Faculty Publications
The federal sentencing guidelines for environmental crimes bark loudly, calling for sentences of imprisonment for all but the most trivial of environmental offenses. Although the terms of imprisonment are not long, the prospect of even a short period of incarceration is doubtlessly capable of getting the attention of the white-collar professionals who typically commit environmental offenses. Research I conducted in 2004, however, indicated that the bark of the environmental guidelines was considerably worse than their bite. Judges “departed” below the applicable guidelines range in an unusually high percentage of environmental cases, barely one-third of convicted environmental defendants received prison sentences, …
The Perils Of Popularity: David Josiah Brewer And The Politics Of Judicial Reputation, J. Gordon Hylton
The Perils Of Popularity: David Josiah Brewer And The Politics Of Judicial Reputation, J. Gordon Hylton
Faculty Publications
No abstract provided.
He Speaks Not, Yet He Says Everything; What Of That?: Text, Context, And Pretext In State V. Jeffrey Dahmer, Gregory J. O'Meara S.J.
He Speaks Not, Yet He Says Everything; What Of That?: Text, Context, And Pretext In State V. Jeffrey Dahmer, Gregory J. O'Meara S.J.
Faculty Publications
In State v. Dahmer, the defense attempted to lead the jury through a series of inferences to conclude that the defendant was insane at the time he committed each of the fifteen murders charged; it portrayed a client who was fully cooperative and honest once the authorities arrested him. To make this approach work, the defense needed narrative distance between the defendant and the jury so he could not be cross examined about his meticulous planning of each murder or his prior inconsistent statements. This paper briefly lays out the development of the defense of insanity, focusing on the different …
Must God Be Dead Or Irrelevant: Drawing A Circle That Lets Me In, Richard M. Esenberg
Must God Be Dead Or Irrelevant: Drawing A Circle That Lets Me In, Richard M. Esenberg
Faculty Publications
Some scholars claim that current Establishment Clause doctrine can increasingly be explained in terms of substantive neutrality-that is, the idea that government ought to treat religion and irreligion (or comparable secular activities) in the same way. Whether a product of the Court’s commitment to the idea or an artifact of the positions of the “swing” Justices, this proposition has considerable explanatory power. The Supreme Court has, in recent years, permitted the government to make financial support equally available for religious uses, as long as it is done on a neutral basis and through the private choice of the recipients. It …
Outlawing Amnesty: The Return Of Criminal Justice In Transitional Justice Schemes, Lisa J. Laplante
Outlawing Amnesty: The Return Of Criminal Justice In Transitional Justice Schemes, Lisa J. Laplante
Faculty Publications
Until recently, immunity measures like amnesties were considered an acceptable part of promoting transitional justice in countries seeking to address past episodes of systematic violations of human rights. Politically sensitive context of countries seeking to broker peace between oppositional forces often outweighed the moral imperative of punishing those responsible for perpetrating human rights atrocities. Latin America exemplified this trend in the 1980s, while also popularizing truth commissions. The resulting truth v. justice debate eventually sidelined criminal trials in transitional justice schemes, accepting amnesty as lawful. However, growing international human rights and international criminal law jurisprudence began to slowly put in …
Rethinking Drug Courts: Restorative Justice As A Response To Racial Injustice, Michael M. O'Hear
Rethinking Drug Courts: Restorative Justice As A Response To Racial Injustice, Michael M. O'Hear
Faculty Publications
Specialized drug treatment courts have become a popular alternative to more punitive approaches to the "war on drugs," with nearly 2,000 such courts now established across the United States. One source of their appeal is the belief that they will ameliorate the dramatic racial disparities in the nation's prison population - disparities that result in large measure from the long sentences handed out for some drug crimes in conventional criminal courts. However, experience has shown that drug courts are not a "do-no-harm" innovation. Drug courts can produce both winners and losers when compared to conventional court processing, and there are …
Regulating Wisconsin-Based Businesses: The Wisconsin Uniform Securities Act, Edward A. Fallone
Regulating Wisconsin-Based Businesses: The Wisconsin Uniform Securities Act, Edward A. Fallone
Faculty Publications
No abstract provided.
Is Federal Court Oversight Of The Arizona Ell Public School Program No Longer Necessary?, Paul M. Secunda
Is Federal Court Oversight Of The Arizona Ell Public School Program No Longer Necessary?, Paul M. Secunda
Faculty Publications
No abstract provided.
When Is A Student Entitled To Be Reimbursed For The Cost Of Private School Tuition?, Jay E. Grenig
When Is A Student Entitled To Be Reimbursed For The Cost Of Private School Tuition?, Jay E. Grenig
Faculty Publications
No abstract provided.
What Appeals Are Permitted By Section 16(A)(1)(A) Of The Federal Arbitration Act?, Jay E. Grenig
What Appeals Are Permitted By Section 16(A)(1)(A) Of The Federal Arbitration Act?, Jay E. Grenig
Faculty Publications
No abstract provided.
Did Congress Limit The Appellate Court's Discretion To Stay An Alien's Removal From The United States Pending Appeal?, Jessica E. Slavin
Did Congress Limit The Appellate Court's Discretion To Stay An Alien's Removal From The United States Pending Appeal?, Jessica E. Slavin
Faculty Publications
No abstract provided.
When May A Court Set Aside A National Railroad Adjustment Board Decision On Due Process Grounds?, Jay E. Grenig
When May A Court Set Aside A National Railroad Adjustment Board Decision On Due Process Grounds?, Jay E. Grenig
Faculty Publications
No abstract provided.
Was A Lawful Permanent Resident Deprived Of Effective Assistance Of Counsel?, Jessica E. Slavin
Was A Lawful Permanent Resident Deprived Of Effective Assistance Of Counsel?, Jessica E. Slavin
Faculty Publications
No abstract provided.
Forest Grove: Parents Of Special Needs Students May Be Reimbursed For Private School Tuition, Jay E. Grenig
Forest Grove: Parents Of Special Needs Students May Be Reimbursed For Private School Tuition, Jay E. Grenig
Faculty Publications
No abstract provided.
Keeping The Underclass In Its Place: Zoning, The Poor, And Residential Segregation, David Ray Papke
Keeping The Underclass In Its Place: Zoning, The Poor, And Residential Segregation, David Ray Papke
Faculty Publications
No abstract provided.
Can Arbitrators Order Class Arbitration If The Arbitration Clause In A Maritime Agreement Is Silent On The Issue?, Jay E. Grenig
Can Arbitrators Order Class Arbitration If The Arbitration Clause In A Maritime Agreement Is Silent On The Issue?, Jay E. Grenig
Faculty Publications
No abstract provided.
What Must An Inventor Show In Order To Demonstrate That His Method Is Patentable?, Kali Murray
What Must An Inventor Show In Order To Demonstrate That His Method Is Patentable?, Kali Murray
Faculty Publications
No abstract provided.
A Matter Of Context: Social Framework Evidence In Employment Discrimination Class Actions, Melissa Hart, Paul M. Secunda
A Matter Of Context: Social Framework Evidence In Employment Discrimination Class Actions, Melissa Hart, Paul M. Secunda
Faculty Publications
In litigation disputes over the certification of employment discrimination class actions, social scientists have come to play a central, yet controversial, role. Organizational behavioralists and social psychologists regularly testify for the plaintiffs, offering what is commonly referred to as social framework testimony. These experts explain the general social science research on the operation of stereotyping and bias in decisionmaking and examine the policies and practices operating in a challenged workplace to identify those that research has shown will tend to increase and those that will tend to limit the likely impact of these factors. Defendants fight hard against the admission …
Commercialized Intercollegiate Athletics: A Proposal For Targeted Reform Consistent With American Cultural Forces And Marketplace Realities, Matthew J. Mitten, James L. Musselman, Bruce W. Burton
Commercialized Intercollegiate Athletics: A Proposal For Targeted Reform Consistent With American Cultural Forces And Marketplace Realities, Matthew J. Mitten, James L. Musselman, Bruce W. Burton
Faculty Publications
This article observes that American society’s passion for intercollegiate sports competition is an extremely powerful, naturally evolved cultural force. The marketplace responds to cultural forces, and the commercialization of college sports directly reflects the marketplace realities of our society. For example, colleges and universities rationally use their intercollegiate athletic programs, particularly NCAA Division 1 FBS football and basketball, as a means to achieve a wide range of legitimate objectives of higher education. Thus, the authors advocate that university athletic department revenues should continue to be exempt from federal taxation, specifically the unrelated business income tax (UBIT), despite the increasingly commercialized …
Rules Limiting Athletic Performance Or Prohibiting Athletic Participation For Health Reasons: Legal And Ethical Considerations, Matthew J. Mitten
Rules Limiting Athletic Performance Or Prohibiting Athletic Participation For Health Reasons: Legal And Ethical Considerations, Matthew J. Mitten
Faculty Publications
This article analyzes the paradox between: 1) intercollegiate sport's objectives of maximizing athletic performance and providing athletic participation opportunities to those possessing the requisite physical ability and skills to compete successfully; and 2) National Collegiate Athletic Association rules that limit athletic performance by all student-athletes, or university requirements that prohibit individual student-athletes from participating in intercollegiate sports, for health reasons. Some student-athletes seek to maximize athletic performance by taking performance-enhancing substances, even if doing so creates potential future adverse health effects. Others may want to participate in intercollegiate sports with a physical abnormality and are willing to assume an increased …
The Intersection Of Dispute Systems Design And Transitional Justice, Andrea Kupfer Schneider
The Intersection Of Dispute Systems Design And Transitional Justice, Andrea Kupfer Schneider
Faculty Publications
Dispute Systems Design (DSD), the process of creating structures to deal with repeated or systemic disputes, can be applied to both the most mundane and the most horrific of conflicts. We know that human rights violations can be perpetrated by governments or non-state actors, can be regional or national, and can be targeted against a particular group or have random victims. We know that these violations can occur as a spurt of extreme violence over a short time or can last for generations. We also know, historically, of many different methods by which to deal with human rights violations.
The …
Blogging While (Publicly) Employed: Some First Amendment Implications, Paul M. Secunda
Blogging While (Publicly) Employed: Some First Amendment Implications, Paul M. Secunda
Faculty Publications
While private-sector employees do not have First Amendment free speech protection for their blogging activities relating to the workplace, public employees may enjoy some measure of protection depending on the nature of their blogging activity. The essential difference between these types of employment stems from the presence of state action in the public employment context. Although a government employee does not have the same protection from governmental speech infringement as citizens do under the First Amendment, a long line of cases under Pickering v. Bd. of Education have established a modicum of protection, especially when the public employee blogging is …
Freedom Of Contract And Fundamental Fairness For Individual Parties: The Tug Of War Continues, Carolyn Edwards
Freedom Of Contract And Fundamental Fairness For Individual Parties: The Tug Of War Continues, Carolyn Edwards
Faculty Publications
No abstract provided.
Criminal Appeals: Past, Present, And Future, Chad M. Oldfather, Michael M. O'Hear
Criminal Appeals: Past, Present, And Future, Chad M. Oldfather, Michael M. O'Hear
Marquette Law Review
This brief essay serves two purposes. The first is to make some general observations about criminal appeals. It thus outlines the substantial institutional and doctrinal differences between the appellate process in civil and criminal cases, notes the relative lack of scholarship devoted to the criminal appellate process, and suggests that the role of the judge in criminal cases is undertheorized. The second is to introduce the pieces in a symposium issue of the Marquette Law Review, most of which was presented at a conference held at Marquette University Law School and entitled “Criminal Appeals: Past, Present, and Future.”
Stories Of Crimes, Trials, And Appeals In Civil War Era Missouri, Frank O. Bowman Iii
Stories Of Crimes, Trials, And Appeals In Civil War Era Missouri, Frank O. Bowman Iii
Marquette Law Review
This paper explores criminal appellate practice in Missouri from the time of statehood in 1821 until the 1870s, with particular focus on the decades before and after the Civil War. The article uses the stories of three trials in and around Columbia, Missouri - an attempted rape case against a slave that resulted in a lynching, a murder case against a white farmer that ended in his execution, and another murder case successfully appealed - to explore the legal culture of the period. All three trials involved two prominent central Missouri lawyers, James S. Rollins and Odon Guitar, who were …
Scottsboro, Michael J. Klarman
Scottsboro, Michael J. Klarman
Marquette Law Review
This essay tells the story of Scottsboro, one of the most important legal events of the twentieth century, in which nine black teenagers were falsely accused of rape, sentenced to death, and twice successfully appealed their convictions to the United States Supreme Court. In addition to describing the Scottsboro episode in some detail, the essay seeks to draw some lessons from this story: Why did the Supreme Court’s first modern criminal procedure cases tend to involve southern blacks as defendants? Why did southern states seem to regress in their treatment of black criminal defendants in cases such as Scottsboro? What …
A Fair Trial, Not A Perfect One: The Early Twentieth-Century Campaign For The Harmless Error Rule, Roger A. Fairfax Jr.
A Fair Trial, Not A Perfect One: The Early Twentieth-Century Campaign For The Harmless Error Rule, Roger A. Fairfax Jr.
Marquette Law Review
None
Justice On Appeal In Criminal Cases: A Twentieth-Century Perspective, Paul D. Carrington
Justice On Appeal In Criminal Cases: A Twentieth-Century Perspective, Paul D. Carrington
Marquette Law Review
Criminal appeals was a hot topic in the 1970s, reflecting the politics of the Great Society and the development of the constitutional requirements of due process. There was then widespread agreement that the function of the criminal appeal was to assure that the appropriate judges were giving visible attention to all convictions to assure that they were justified. This paper will pose the question: what has become of that vision of a former generation?
The Impact Of Government Appellate Strategies On The Development Of Criminal Law, Andrew Hessick
The Impact Of Government Appellate Strategies On The Development Of Criminal Law, Andrew Hessick
Marquette Law Review
Appellate courts are a principal source of change and growth of the criminal law. In the course of resolving disputes, appellate courts announce rules that govern future cases. For the government, seeing that these rules develop in a favorable way is often more important than the outcome in the case before the appellate court. The government is charged with protecting the public, and developing generally applicable rules of criminal law often is more important in obtaining that goal than securing the conviction of one individual. In its efforts to ensure the development of government-friendly rules, the government does not depend …