Law Commons^™

Plea Bargaining And Victims: From Consultation To Guidelines, Michael M. O'Hear

Marquette Law Review Conferences

No abstract provided.

Apologies And Plea Bargaining, Margareth Etienne, Jennifer K. Robbennolt

Marquette Law Review Conferences

No abstract provided.

Traces Of A Libertarian Theory Of Punishment, Erik Luna

Marquette Law Review Conferences

No abstract provided.

The Ultimate Penal Sanction And "Closure" For Survivors Of Homicide Victims, Marilyn Peterson Armour, Mark S. Umbreit

Marquette Law Review Conferences

No abstract provided.

Plea Bargaining From The Criminal Lawyer's Perspective: Plea Bargaining In Wisconsin, E. Michael Mccann, Michelle Jacobs, Erik Peterson, Dean Strang, Nathan Fishbach, Deja Vishny

Marquette Law Review Conferences

No abstract provided.

Social Psychology, Information Processing, And Plea Bargaining, Rebecca Hollander-Blumoff

Marquette Law Review Conferences

No abstract provided.

Reconsidering The Relationship Between Cognitive Psychology And Plea Bargaining, Russell Covey

Marquette Law Review Conferences

No abstract provided.

Prosecutorial Passion, Cognitive Bias, And Plea Bargaining, Alafair S. Burke

Marquette Law Review Conferences

No abstract provided.

Heuristics, Biases, And Criminal Defendants, Chad M. Oldfather

Marquette Law Review Conferences

No abstract provided.

Charge Movement And Theories Of Prosecutors, Ronald F. Wright, Rodney L. Engen

Marquette Law Review Conferences

No abstract provided.

The Role Of Trial In Promoting Cooperative Negotiation In Criminal Practice, Richard Birke

Marquette Law Review Conferences

No abstract provided.

Grassroots Plea Bargaining, Josh Bowers

Marquette Law Review Conferences

No abstract provided.

Cooperating Or Caving In: Are Defense Attorneys Shrewd Or Exploited In Plea Bargaining Negotiations, Andrea Kupfer Schneider

Marquette Law Review Conferences

No abstract provided.

Bargaining Power In The Shadow Of The Law: Commentary To Professors Wright & Engen, Professor Birke, And Josh Bowers, Daniel D. Barnhizer

Marquette Law Review Conferences

No abstract provided.

Dispute Resolution In Criminal Law, Michael M. O'Hear, Andrea Kupfer Schneider

Marquette Law Review Conferences

No abstract provided.

Book Review: Judge For Yourself: Clarity, Choice, And Action In Your Legal Career, Rebecca K. Blemberg

Faculty Publications

No abstract provided.

What Is Patentable Subject Matter? The Supreme Court Dismisses Labcorp V. Metabolite Laboratories, But The Issue Is Not Going Away, Sue Ann Mota

Marquette Intellectual Property Law Review

Patent law seeks to strike a balance regarding patentable subject matter between overprotection, which can impede the free exchange of ideas, and under-protection, which can lessen the incentive to invent. This article summarizes the Supreme Court's recent decision to dismiss Laboratory Corporation of America Holdings v. Metabolite Laboratories, Inc., passing on the opportunity to consider the issue of what constitutes patentable subject matter under the Patent Act, and the author outlines recommendations for when the issue is raise by future litigants.

The Proper Scope Of Patentability In International Law, Shawn J. Kolitch

Marquette Intellectual Property Law Review

Patent law encourages innovation, but the harm caused by some inventions may outweigh the benefits of disclosure. This article examines the environmental and public health consequences of patent laws around the world and argues that the patent incentive should be selectively removed to mitigate the harmful effects of granting patents without regard to the invention-specific impacts of doing so.

Why Do We Have Trade Secrets?, Michael Risch

Marquette Intellectual Property Law Review

Trade secrets are arguably the most important and most litigated form of intellectual property. This article explores the history of trade secret law in the United States and examines why it is that every state has opted to protect secret information, even though such protection is antithetical to the policies of access associated with patent law and non-protection of facts associated with copyright law.

International Copyright Law And Litigation: A Mechanism For Improvement, Roberto Garza Barbosa

Marquette Intellectual Property Law Review

This article outlines the challenges of international copyright litigation and considers rights and remedies available under TRIPs and the laws of various national copyright statutes. To keep pace with new technology, the author proposes a mechanism for the enforcement of existing rights around the world, while counter the prevailing problems of the ease of infringement and expense of enforcement.

Breaking The Law To Break Into The Black: Patent Infringement As A Business Strategy , Eric C. Wrzesinski

Marquette Intellectual Property Law Review

Corporations and businesses make important decisions everyday that affect their financial viability and market image. This article analyzes the phenomenon of patent infringement, considering whether firms consciously decide to infringe certain patents as a sound business strategy, or whether such cases arise spontaneously due to incomplete and careless research of prior art by infringing firms. The author considers the extent to which patent infringement may remain an effective business strategy for technology-producing firms, even when not employed willfully, due to the inadequate deterrence function of current U.S. patent laws.

Table Of Contents

Marquette Intellectual Property Law Review

None.

Gone In A Blink: The Overlooked Privacy Problems Caused By Contactless Payment Systems, Shane L. Smith

Marquette Intellectual Property Law Review

The use of RFID technology in contactless payment devices presents an expanding menu of challenges and concerns to privacy advocates. While rapid, creative advances have been made by contactless payment system issuers, neither privacy advocates nor lawmakers have used the same creative visions to address the privacy problems caused by contactless payment systems. The author proposes a legislative response to address privacy concerns without stifling technological developments.

Table Of Contents

Marquette Intellectual Property Law Review

None.

12 Angry Men Is Not An Archetype: Reflections On The Jury In Contemporary Popular Culture, David Ray Papke

Faculty Publications

Fifty years after its initial release, 12 Angry Men (1957) remains an important cinematic and political work. But alas, 12 Angry Men is fundamentally atypical as a pop cultural portrayal of the jury. In the standard portrayal individual jurors do not come alive as characters. They are seen in the courtroom rather than in the deliberation room. And, most importantly, the jury does not emerge as a symbol for the larger democratic process and concomitant rule of law. Assuming that popular culture indirectly indicates the public's attitudes and expectations, the flat, uninspiring portrayal of juries in contemporary American popular culture …

Ethical Firewalls, Limited Admissibility, And Rule 703, Daniel D. Blinka

Faculty Publications

No abstract provided.

Judges As Humans: Interdisciplinary Research And The Problems Of Institutional Design, Chad M. Oldfather

Faculty Publications

The article takes up the question of how best to put the increasing amount of interdisciplinary scholarship on courts and judges to work in service of institutional design and reform. The analysis focuses on the analysis from a recent book, Judges and Their Audiences: A Perspective on Judicial Behavior, by Lawrence Baum. The book provides an appropriate vehicle for this analysis because of what might be called its multi-interdisciplinarity. In it, Baum, a political scientist, draws on social psychology to critique political science models of judicial behavior.

I argue that analyses such as Baum's are important not only for their …

The Underlying Causes Of Divergent First Amendment Interpretations, Scott C. Idleman

Faculty Publications

No abstract provided.

The Second Chance Act And The Future Of Reentry Reform, Michael M. O'Hear

Faculty Publications

No abstract provided.

The Sunset Of “Quality Control” In Modern Trademark Licensing, Irene Calboli

Faculty Publications

Historically, based on the premise that trademark protection is about consumer welfare, trademark law has allowed trademark licensing only as long as licensors control the quality of the products bearing the licensed marks. Ever since its adoption, however, this rule has been difficult to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legal context: quality control. Unsurprisingly, the consequence has been inconsistent case law and much uncertainty as to what represents valid licensing. In addition, in the past decades, courts have proven increasingly reticent to strictly apply this rule and have declared …