Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Entertainment, Arts, and Sports Law (858)
- Elder Law (410)
- Intellectual Property Law (385)
- Constitutional Law (87)
- Law and Society (79)
-
- Social Welfare Law (60)
- Civil Rights and Discrimination (57)
- Health Law and Policy (56)
- Labor and Employment Law (50)
- Criminal Law (46)
- Courts (36)
- Judges (36)
- Legal Profession (36)
- Science and Technology Law (27)
- State and Local Government Law (26)
- International Law (24)
- Property Law and Real Estate (24)
- Jurisprudence (22)
- Law and Gender (22)
- Legal Ethics and Professional Responsibility (22)
- First Amendment (21)
- Human Rights Law (19)
- Legal History (19)
- Legislation (19)
- Disability Law (18)
- Torts (17)
- Antitrust and Trade Regulation (16)
- Commercial Law (16)
- Contracts (16)
- Keyword
-
- Sports (111)
- Elderly (98)
- Athletes (79)
- Patent (78)
- NCAA (72)
-
- Title IX (72)
- Copyright (66)
- Antitrust (53)
- Wisconsin (51)
- Trademark (47)
- Baseball (44)
- MLB (42)
- Intellectual Property (41)
- NFL (34)
- Sports law (34)
- Colleges (31)
- Drugs (31)
- Internet (30)
- Discrimination (29)
- Health care (28)
- Medicare (28)
- Cases (27)
- First Amendment (27)
- Liability (27)
- Tax (27)
- Ethics (26)
- Medicaid (26)
- Retirement (26)
- Estate planning (25)
- Intellectual property (25)
- Publication
- Publication Type
Articles 1831 - 1860 of 6614
Full-Text Articles in Law
Taking Strickland Claims Seriously, Stephen F. Smith
Taking Strickland Claims Seriously, Stephen F. Smith
Marquette Law Review
Every criminal defendant is promised the right to the effective assistance of counsel. Whether at trial or on first appeal of right, due process is violated when attorney negligence undermines the fairness and reliability of judicial proceedings. That, at least, is the black-letter law articulated in Strickland v. Washington, 466 U.S. 668 (1984). In practice, however, the right to effective representation has meant surprisingly little over the last two decades. Under the standards that emerged from Strickland, scores of defendants have received prison or death sentences by virtue of serious unprofessional errors committed by their attorneys. This Essay canvasses a …
"You Can't Get There From Here?": Ineffective Assistance Claims In Federal Circuit Courts After Aedpa, Gregory J. O'Meara S.J.
"You Can't Get There From Here?": Ineffective Assistance Claims In Federal Circuit Courts After Aedpa, Gregory J. O'Meara S.J.
Marquette Law Review
One measure of a society is how it treats those with little power, those who have suffered from problems not of their own choosing. Surely victims of crime fit into this category, and society has not often given them what they desire and need. Though they garner far less sympathy, perpetrators of crime may also be vulnerable to forces beyond their control, including physical and mental disabilities, childhoods marked by abuse and neglect, and incompetent attorneys who fail to fulfill constitutionally mandated standards. The criminal justice system attempts to address deficiencies in the representation criminal defendants receive in part through …
Innocence Protection In The Appellate Process, Keith A. Findley
Innocence Protection In The Appellate Process, Keith A. Findley
Marquette Law Review
It is often said that truth “accurate sorting of the guilty from the innocent” is the primary objective of criminal trials. Among the important safeguards in our criminal justice system intended to ensure that the innocent are protected from wrongful conviction is the system of appeals and postconviction remedies. Recent empirical evidence based on DNA exoneration cases reveals, however, that the appellate process does not do a good job of recognizing or protecting innocence. Examination of known innocents “those proved innocent by postconviction DNA testing” shows that they have rarely obtained relief on appeal. Moreover, those individuals subsequently proved innocent …
Judicial Blindness To Eyewitness Misidentification, Sandra Guerra Thompson
Judicial Blindness To Eyewitness Misidentification, Sandra Guerra Thompson
Marquette Law Review
Many studies of exonerations find that erroneous eyewitness identifications play a part in over 75% of all wrongful convictions. These studies have led to numerous proposals for reform of police procedures, yet we see surprisingly little progress toward minimizing eyewitness-identification error, a major cause of failure in the criminal justice systems of this country. This Article presents the findings of an empirical study of recent case law in which defendants challenge the legality of the eyewitness identification procedures. The study involved a review of all cases within the calendar year ending in April 8, 2009 in which state appellate courts …
Context And Compliance: A Comparison Of State Supreme Courts And The Circuits, Sara C. Benesh, Wendy L. Martinek
Context And Compliance: A Comparison Of State Supreme Courts And The Circuits, Sara C. Benesh, Wendy L. Martinek
Marquette Law Review
A host of scholars have argued that decision making in lower courts is at least partially determined by decision making in the U.S. Supreme Court. In other words, Supreme Court jurisprudence in a given area influences the way that the lower courts decide similar cases. This may seem like an unremarkable assertion given the principle of stare decisis and the expectation that lower courts are bound by decisions made by higher courts. Nonetheless, there are intriguing evidentiary omissions with regard to what we know about compliance with Supreme Court precedent. In particular, despite the voluminous expenditures of scholarly time and …
Federal Criminal Appeals: A Brief Empirical Perspective, Michael Heise
Federal Criminal Appeals: A Brief Empirical Perspective, Michael Heise
Marquette Law Review
None
Temporary Victims: Interpreting The Federal Fraud And Theft Sentencing Guideline, Ryan N. Parsons
Temporary Victims: Interpreting The Federal Fraud And Theft Sentencing Guideline, Ryan N. Parsons
Marquette Law Review
None
Congressional Legislation: The Next Step For Corporate Deferred Prosecution Agreements, Rachel Delaney
Congressional Legislation: The Next Step For Corporate Deferred Prosecution Agreements, Rachel Delaney
Marquette Law Review
None
Table Of Contents For Volume 93 Issue 2, Marquette University
Table Of Contents For Volume 93 Issue 2, Marquette University
Marquette Law Review
None
The Prohibition Of Prosthetic Limbs In American Sports: The Issues And The Role Of The Americans With Disabilities Act, Christopher Bidlack
The Prohibition Of Prosthetic Limbs In American Sports: The Issues And The Role Of The Americans With Disabilities Act, Christopher Bidlack
Marquette Sports Law Review
No abstract provided.
Appellate Review Of Sentence Explanations: Learning From The Wisconsin And Federal Experiences, Michael M. O'Hear
Appellate Review Of Sentence Explanations: Learning From The Wisconsin And Federal Experiences, Michael M. O'Hear
Marquette Law Review
For at least half a century, reformers have urged American appellate courts to play a more active role in the sentencing process. Outside a small number of jurisdictions with binding sentencing guidelines, however, the appellate courts have generally failed to establish a meaningful role for themselves. The present article focuses on one particular function that appellate courts might usefully perform: that is, reviewing the adequacy of the explanations given by trial-court judges to justify their sentencing decisions. Such “explanation review” is conceptually distinct from substantive review of the sentence: the former asks whether the sentence has been adequately justified, while …
When Is A Cpa As Important As Your Era? A Comprehensive Evaluation And Examination Of State Tax Issues On Professional Athletes, Alan Pogroszewski
When Is A Cpa As Important As Your Era? A Comprehensive Evaluation And Examination Of State Tax Issues On Professional Athletes, Alan Pogroszewski
Marquette Sports Law Review
No abstract provided.
From Parts Unknown: Wwe V. Jim Hellwig In The Ultimate Battle For Character Copyright, Daniel Bilsky
From Parts Unknown: Wwe V. Jim Hellwig In The Ultimate Battle For Character Copyright, Daniel Bilsky
Marquette Sports Law Review
No abstract provided.
Team Physicians: Adhering To The Hippocratic Oath Or Just Plain Hypocrites? , Andrew D. Hohenstein
Team Physicians: Adhering To The Hippocratic Oath Or Just Plain Hypocrites? , Andrew D. Hohenstein
Marquette Sports Law Review
No abstract provided.
Index: Sports Law In Law Reviews And Journals , Brian C. Hartley
Index: Sports Law In Law Reviews And Journals , Brian C. Hartley
Marquette Sports Law Review
No abstract provided.
2008 Annual Survey: Recent Developments In Sports Law, Kaitlyn Anne Wild
2008 Annual Survey: Recent Developments In Sports Law, Kaitlyn Anne Wild
Marquette Sports Law Review
No abstract provided.
Automatic Outs: Salary Arbitration In Nippon Professional Baseball, David L. Snyder
Automatic Outs: Salary Arbitration In Nippon Professional Baseball, David L. Snyder
Marquette Sports Law Review
No abstract provided.
Third And Long: The Issues Facing The Nfl Collective Bargaining Agreement Negotiations And The Effects Of An Uncapped Year, Michael J. Redding, Daniel R. Peterson
Third And Long: The Issues Facing The Nfl Collective Bargaining Agreement Negotiations And The Effects Of An Uncapped Year, Michael J. Redding, Daniel R. Peterson
Marquette Sports Law Review
No abstract provided.
Play Ball? An Analysis Of Final-Offer Arbitration, Its Use In Major League Baseball And Its Potential Applicability To European Football Wage And Transfer Disputes, Josh Chetwynd
Marquette Sports Law Review
No abstract provided.
Labor Relations In The National Hockey League: A Model Of Transnational Collective Bargaining, Mathieu Fournier, Dominic Roux
Labor Relations In The National Hockey League: A Model Of Transnational Collective Bargaining, Mathieu Fournier, Dominic Roux
Marquette Sports Law Review
No abstract provided.
European Football's Home-Grown Players Rules And Nationality Discrimination Under The European Community Treaty, Lloyd Freeburn
European Football's Home-Grown Players Rules And Nationality Discrimination Under The European Community Treaty, Lloyd Freeburn
Marquette Sports Law Review
No abstract provided.
Sports Arbitration And Enforcing Promises: Brian Shaw And Labor Arbitration, Roger I. Abrams
Sports Arbitration And Enforcing Promises: Brian Shaw And Labor Arbitration, Roger I. Abrams
Marquette Sports Law Review
No abstract provided.
2009 Master Of The Game Award Acknowledgement And Acceptance, Joseph D. Kearney, Joseph E. Tierney, Iii
2009 Master Of The Game Award Acknowledgement And Acceptance, Joseph D. Kearney, Joseph E. Tierney, Iii
Marquette Sports Law Review
No abstract provided.
Green Sports Facilities: Why Adopting New Green-Building Policies Will Improve The Environment And The Community, Alex B. Porteshawver
Green Sports Facilities: Why Adopting New Green-Building Policies Will Improve The Environment And The Community, Alex B. Porteshawver
Marquette Sports Law Review
No abstract provided.
Book Review: Getting On Base: Unionism In Baseball, Nicholas J. Rieder
Book Review: Getting On Base: Unionism In Baseball, Nicholas J. Rieder
Marquette Sports Law Review
No abstract provided.
Index: Sports Law In Law Reviews And Journals, Kristen E. Knauf
Index: Sports Law In Law Reviews And Journals, Kristen E. Knauf
Marquette Sports Law Review
No abstract provided.
"Mixed Metaphors," Revisionist History And Post-Hypnotic Suggestions On The Interpretation Of Sports Antitrust Exemptions: The Second Circuit's Use In Clarett Of A Piazza-Like "Innovative Reinterpretation Of Supreme Court Dogma", Walter T. Champion, Jr.
Marquette Sports Law Review
No abstract provided.