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Marquette University Law School

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Articles 1951 - 1980 of 6614

Full-Text Articles in Law

Are We All Dopes? A Behavioral Law And Economics Approach To Legal Regulation Of Doping In Sports, Shayna M. Sigman Jan 2008

Are We All Dopes? A Behavioral Law And Economics Approach To Legal Regulation Of Doping In Sports, Shayna M. Sigman

Marquette Sports Law Review

No abstract provided.


The Body And The Law: How Physiological And Legal Obstacles Combine To Create Barriers To Accurate Drug Testing , Genevieve F.E. Birren, Jeremy C. Fransen Jan 2008

The Body And The Law: How Physiological And Legal Obstacles Combine To Create Barriers To Accurate Drug Testing , Genevieve F.E. Birren, Jeremy C. Fransen

Marquette Sports Law Review

No abstract provided.


A Call For Drug-Testing Of High School Student-Athletes, Scott A. Andresen Jan 2008

A Call For Drug-Testing Of High School Student-Athletes, Scott A. Andresen

Marquette Sports Law Review

No abstract provided.


2008 Joseph E. O'Neill Award Acceptance Speech, Honorable Anne M. Burke Jan 2008

2008 Joseph E. O'Neill Award Acceptance Speech, Honorable Anne M. Burke

Marquette Sports Law Review

No abstract provided.


Book Review: Asterisk: *Home Runs, Steroids, And The Rush To Judgment , Will Pridemore Jan 2008

Book Review: Asterisk: *Home Runs, Steroids, And The Rush To Judgment , Will Pridemore

Marquette Sports Law Review

No abstract provided.


Index: Sports Law In Law Reviews And Journals, Brian C. Hartley Jan 2008

Index: Sports Law In Law Reviews And Journals, Brian C. Hartley

Marquette Sports Law Review

No abstract provided.


Internet Piracy Of Live Sports Telecasts, Michael J. Mellis Jan 2008

Internet Piracy Of Live Sports Telecasts, Michael J. Mellis

Marquette Sports Law Review

No abstract provided.


Fall Of The Rocket: Steroids In Baseball And The Case Against Roger Clemens , Daniel Healey Jan 2008

Fall Of The Rocket: Steroids In Baseball And The Case Against Roger Clemens , Daniel Healey

Marquette Sports Law Review

No abstract provided.


Ledbetter V. Goodyear: Letting The Air Out Of The Continuing Violations Doctrine?, Allison Cimpl-Wiemer Jan 2008

Ledbetter V. Goodyear: Letting The Air Out Of The Continuing Violations Doctrine?, Allison Cimpl-Wiemer

Marquette Law Review

None


The Unending Onslaught On Tribal Sovereignty: State Income Taxation Of Non-Member Indians, Scott A. Taylor Jan 2008

The Unending Onslaught On Tribal Sovereignty: State Income Taxation Of Non-Member Indians, Scott A. Taylor

Marquette Law Review

No abstract provided.


Putting Expert Testimony In Its Epistemological Place: What Predictions Of Dangerousness In Court Can Teach Us, M. Neil Browne, Ronda R. Harrison-Spoerl Jan 2008

Putting Expert Testimony In Its Epistemological Place: What Predictions Of Dangerousness In Court Can Teach Us, M. Neil Browne, Ronda R. Harrison-Spoerl

Marquette Law Review

No abstract provided.


Responding To Summary Judgment, Bradley Scott Shannon Jan 2008

Responding To Summary Judgment, Bradley Scott Shannon

Marquette Law Review

No abstract provided.


The Causal Nexus Doctrine: A Further Limitation On The Employer's Ada Duty Of Reasonable Accommodation In The Seventh Circuit, James M. Carroll Jan 2008

The Causal Nexus Doctrine: A Further Limitation On The Employer's Ada Duty Of Reasonable Accommodation In The Seventh Circuit, James M. Carroll

Marquette Law Review

No abstract provided.


Lawmaking And Interpretation: The Role Of A Federal Judge In Our Constitutional Framework, Diarmuid F. O'Scannlain Jan 2008

Lawmaking And Interpretation: The Role Of A Federal Judge In Our Constitutional Framework, Diarmuid F. O'Scannlain

Marquette Law Review

No abstract provided.


What's So Fair About The Fair And Accurate Credit Transactions Act?, Michael E. Chaplin Jan 2008

What's So Fair About The Fair And Accurate Credit Transactions Act?, Michael E. Chaplin

Marquette Law Review

None


How Tribe And State Cooperative Agreements Can Save The Adam Walsh Act From Encroaching On Tribal Sovereignty, Brian P. Dimmer Jan 2008

How Tribe And State Cooperative Agreements Can Save The Adam Walsh Act From Encroaching On Tribal Sovereignty, Brian P. Dimmer

Marquette Law Review

None


A Tribute To William P. Murphy: Labor Law Trailblazer And Man Of Unflinching Principle, Paul M. Secunda Jan 2008

A Tribute To William P. Murphy: Labor Law Trailblazer And Man Of Unflinching Principle, Paul M. Secunda

Faculty Publications

No abstract provided.


Toward The Viability Of State-Based Legislation To Address Workplace Captive Audience Meetings In The United States, Paul M. Secunda Jan 2008

Toward The Viability Of State-Based Legislation To Address Workplace Captive Audience Meetings In The United States, Paul M. Secunda

Faculty Publications

The U.S. Supreme Court has long interpreted the National Labor Relations Act as permitting employers to hold workplace captive audience meetings with their employees on labor-oriented issues. Employees must attend these meetings at pain of discharge and may not be able to leave these meetings, ask questions, or espouse pro-union views.

Under Worker Freedom Act legislation percolating presently in a number of state legislatures, employers would not only be prohibited from holding mandatory sessions during work to express opinions on labor-related, political, and religious issues, but would be liable for retaliating against workers who reported the holding of such sessions. …


Guidelines Simplification: Still An Urgent Priority Post-Booker, Michael M. O'Hear Jan 2008

Guidelines Simplification: Still An Urgent Priority Post-Booker, Michael M. O'Hear

Faculty Publications

No abstract provided.


Does The Faa Preempt California's Authority To Determine The Validity Of A Performer's Personal Management Contract?, Jay E. Grenig Jan 2008

Does The Faa Preempt California's Authority To Determine The Validity Of A Performer's Personal Management Contract?, Jay E. Grenig

Faculty Publications

No abstract provided.


Progressive Policy-Making On The Local Level: Rethinking Traditional Notions Of Federalism, Matthew J. Parlow Jan 2008

Progressive Policy-Making On The Local Level: Rethinking Traditional Notions Of Federalism, Matthew J. Parlow

Faculty Publications

Due, in part, to Justice Brandeis' famous dissent, many have presumed that the states are the most fertile ground for policy innovation. However, with their transformation from smaller urban and rural centers to major metropolitan regions, local governments may prove even more fruitful agents of social change and laboratories for policy experimentation. Indeed, local governments are critical components of our federal system and embody the values of federalism both in theory and practice. Local governments have trailblazed in legal and policy arenas where the federal and state governments could not (or would not) engage: gay rights and gay marriage, campaign …


Greenwashed?: Developers, Environmental Consciousness, And The Case Of Playa Vista, Matthew J. Parlow Jan 2008

Greenwashed?: Developers, Environmental Consciousness, And The Case Of Playa Vista, Matthew J. Parlow

Faculty Publications

While many businesses are becoming greener, development corporations may have the greatest incentive to integrate environmental values into their everyday business practices. With the effects of urbanization, suburbanization, and sprawl, cities are increasingly requiring environmental mitigation measures for approval of new development. In response, some development corporations may become greenwashed to obtain discretionary land use approvals to build their proposed developments. Others may build greener developments to meet the market demand from environmentally conscious buyers. An increasing number of developers, however, adopt environmentally responsible business practices for, at least in significant part, altruistic reasons. A prime example of this phenomenon …


Can An Eeoc Intake Questionnaire Constitute A Charge Of Discrimination Under The Age Discrimination In Employment Act?, Paul M. Secunda, Mccann Lefeve Oct 2007

Can An Eeoc Intake Questionnaire Constitute A Charge Of Discrimination Under The Age Discrimination In Employment Act?, Paul M. Secunda, Mccann Lefeve

Faculty Publications

No abstract provided.


Fixing Through Legislative Fixation: A Call For The Codification And Modernization Of The Staple Article Of Commerce Doctrine As It Applies To Copyright Law, Blake Evan Reese Jul 2007

Fixing Through Legislative Fixation: A Call For The Codification And Modernization Of The Staple Article Of Commerce Doctrine As It Applies To Copyright Law, Blake Evan Reese

Marquette Intellectual Property Law Review

Courts have misinterpreted and disagreed over how to apply relevant principles of patent law to copyright cases in an effort to strike a balance between protecting copyright holders' rights without restricting innovation. The author argues that courts have inflicted damage upon the balance of copyright's competing policies, leaving copyright owners and technology innovators facing great uncertainty. The author's Comment addresses the development of the Staple Defense and the logical reasoning supporting a new legislative proposal.


The Extended Protection Of "Strong" Trademarks, Nicola Bottero, Andrea Mangani, Marco Ricolfi Jul 2007

The Extended Protection Of "Strong" Trademarks, Nicola Bottero, Andrea Mangani, Marco Ricolfi

Marquette Intellectual Property Law Review

Economic investment in trademarks is not necessarily indicative of product quality, as trademark protection does not provide incentive for continuous product quality improvement. The authors begin their analysis by exploring the function of trademarks from the perspectives of traditional law and economics. Such an analysis points to a conflict between the legal and economic interpretation of the function of trademarks. Particularly, the authors suggest that the traditional economic perspective of trademarks fails to justify the legal existence of strong brands and their extensions. This argument is tested through the review of advertising, brand extension, and product quality literature. The authors …


Intellectual Property, Competition Rules, And The Emerging Internal Market: Some Thoughts On The European Exhaustion Doctrine, Guido Westkamp Jul 2007

Intellectual Property, Competition Rules, And The Emerging Internal Market: Some Thoughts On The European Exhaustion Doctrine, Guido Westkamp

Marquette Intellectual Property Law Review

Although the European intellectual property law concept of the doctrine of exhaustion appears superficially straightforward, uncertainty as to its doctrinal foundations remains. The author explores the status of the doctrine, its interpretation and scope within European Community law, and the pertinent issues regarding the doctrine in relation to both domestic and cross-border issues. The complex structure of the doctrine of exhaustion has made it difficult to formulate more refined rules governing licensing provisions restricting the free circulation of goods. The result of this analysis indicates conflict between the freedom to provide goods and services under European Community law and classifying …


Finding Common Ground In The World Of Electronic Contracts: The Consistency Of Legal Reasoning In Clickwrap Cases, Robert Lee Dickens Jul 2007

Finding Common Ground In The World Of Electronic Contracts: The Consistency Of Legal Reasoning In Clickwrap Cases, Robert Lee Dickens

Marquette Intellectual Property Law Review

Courts reviewing the enforceability of clickwrap agreements have relied upon the case law surrounding shrinkwrap cases in formulating their decisions. The author concludes that the legal reasoning behind the various clickwrap decisions has been relatively consistent, despite arguments made to the contrary. The author also asserts that clickwrap agreements are a legitimate form of contracting, and that objections to clickwrap are similar to objections to other forms of contracts.


Creating Consumer Confidence Or Confusion? The Role Of Product Certification In The Market Today, Mark R. Barron Jul 2007

Creating Consumer Confidence Or Confusion? The Role Of Product Certification In The Market Today, Mark R. Barron

Marquette Intellectual Property Law Review

Product conformity assessment system changes in various countries have impacted the role of certification marks. The author explores whether the perceived value of product certification marks can sustain their high costs. The author further emphasizes the need, from both economic and legal perspectives, for manufacturers to implement global compliance strategies to ensure compliance with applicable regulations, selection of proper certification marks, and an efficient path through the conformity assessment process.


Copyright's Empire: Why The Law Matters, Alina Ng Jul 2007

Copyright's Empire: Why The Law Matters, Alina Ng

Marquette Intellectual Property Law Review

Previous intellectual property literature demands a balance between incentives to produce for the creator of a work and access to information, knowledge, and content by the users. However, law and economics jurisprudence does not provide compelling arguments to support the notion that the copyright monopoly is the most efficient way to maximize public welfare by promoting the works of authors. The social cost from expansion of private rights is nonexistent because market structures change as technologies develop, providing society with increased accessibility to creative works. Accordingly, copyright laws need to expand as technology develops in order to realize a fair …


Dignity, Equality, And Public Interest For Defendants And Crime Victims In Plea Bargains: A Response To Professor Michael O'Hear, Douglas E. Beloof Apr 2007

Dignity, Equality, And Public Interest For Defendants And Crime Victims In Plea Bargains: A Response To Professor Michael O'Hear, Douglas E. Beloof

Marquette Law Review Conferences

No abstract provided.