Law Commons^™

The Impact Of Popular Culture On American Perceptions Of The Courts, David Ray Papke

Faculty Publications

After a brief introduction defining popular culture as the commodities and experiences produced by the culture industry for mass audiences, this essay explores the impact of court-related popular culture on what Americans think of and expect from their courts. The Perry Mason effect from an earlier era and the CSI effect from the present are noted, as is scholarly work by Michael Asimow, Philip T. Dunwoody, Kimberlianne Podlas, Victoria S. Salzmann, and others. The essay concludes with suggestions for what might be done in the courthouse, the community, and the family room to control the impact of court-related popular culture …

Director Compliance With Elusive Fiduciary Duties In A Climate Of Corporate Governance Reform, Nadelle Grossman

Faculty Publications

Corporate governance has become a hot topic following accounting scandals at Enron, WorldCom and others, which led to colossal corporate collapses. In many of those cases, the boards were 'asleep at the wheel,' failing to catch managements’ questionable accounting practices. The Sarbanes-Oxley Act of 2002 was the federal government’s attempt at fixing the holes in the corporate governance system exposed by the accounting scandals. Through a patchwork of disclosure requirements and conduct rules, Congress and the Securities and Exchange Commission have attempted to bring about an increase in board oversight of, and independence from, management. The stock exchanges have also …

Long Term Care In The Political Balance, Alison Barnes

Faculty Publications

This article is a compilation of various observations from presenters at the Marquette University Law School's 2007 Health and Elder Law Symposium. The comments by the author connect the observations from the presenters at the Symposium with viewpoints from the various articles in the Marquette Elder's Advisor Volume 9, Article 1. The comments begin by discussing the Deficit Reduction Act of 2005 and its history of limiting Medicaid eligibility for elderly individuals who are disabled but are not destitute. The comments also discuss Medicaid planning, cost-of-living adjustments, and long term care insurance. The comments conclude by stating that the status …

Imagining The Law-Trained Reader: The Faulty Description Of The Audience In Legal Writing Textbooks, Jessica E. Slavin

Faculty Publications

In law schools today, first-year legal writing courses play a crucial role in helping students learn to communicate about the law. Many legal writing teachers approach legal writing education in a practical way, attempting to pass on their own experiences in law practice settings to students. Unfortunately, as other writers have observed, such reliance on personal knowledge about what lawyers are like may lead legal writing teachers to oversimplify a complicated matter - the needs and preferences of the audience for legal writing - and may even amount to indoctrination in stereotypes about law practice.

This article offers a closer …

May The Parties To An Arbitration Agreement Agree That A Court May Modify The Award Because Of Legal Or Factual Error?, Jay E. Grenig

Faculty Publications

No abstract provided.

Are Regulations Exempting Certain Home Health Care Attendants From Wage And Hour Laws Enforceable?, Jay E. Grenig

Faculty Publications

No abstract provided.

May Nonlawyer Parents Litigate Idea Cases In Federal Court On Behalf Of Their Children?, Jay E. Grenig

Faculty Publications

No abstract provided.

To What Extent Can A State Consider Federal Impact Aid When Distributing State Educational Aid?, Jay E. Grenig

Faculty Publications

No abstract provided.

Rule And Exception In Criminal Law (Or, Are Criminal Defenses Necessary?), Janine Young Kim

Faculty Publications

No abstract provided.

The Solomon Amendment, Expressive Associations, And Public Employment, Paul M. Secunda

Faculty Publications

Employment law commentators have paid insufficient attention to the Solomon Amendment case of Rumsfeld v. Forum for Academic & Institu¬tional Rights, Inc. (FAIR) and its discussion of the right to expressive association under the First Amendment. By failing to methodically analyze whether all law school constituents of the FAIR organization constitute expressive associations, the Court erroneously implied that both public and private law school members of FAIR may be expressive associations. This state of affairs will eventually be rectified given the strong constitutional structural arguments in opposition to such an interpretation. But such a modification should be accompanied by a …

A Localist's Case For Decentralizing Immigration Policy, Matthew Parlow

Faculty Publications

In the past year, local governments have made a foray into the hotly debated arena of immigration law and policy by adopting laws to address illegal immigration in their respective jurisdictions. Courts have struck down many of these laws on the grounds that they are preempted pursuant to a traditional view of federalism. From a localist perspective, however, this is troubling for two reasons. First, traditional federalism fails to recognize local control and autonomy by insisting on treating local governments as mere arms of the state. Instead of the traditional two-tier, federal-state federalism model, localists favor a more modern view …

Response, What’S Good About Trials?, Michael M. O'Hear

Faculty Publications

This response questions whether trial distortion represents a significant problem. Professor O'Hear believes our main focus should be on “mak[ing] plea bargaining processes look more like trial processes.” According to Professor O'Hear, “The trick is to find ways of injecting the values of voice, neutrality, and respect into the plea bargaining process without robbing plea bargaining of its efficiency advantages over the trial process.”

Table Of Contents For Volume 90, Number 3, Marquette University

Marquette Law Review

No abstract provided.

An Overview Of The Conference, Jack Stark

Marquette Law Review

No abstract provided.

Environmentalism And The Wisconsin Constitution, Jason J. Czarnezki

Marquette Law Review

No abstract provided.

Tax And Expenditure Limitations And Economic Growth, Steven Deller, Judith I. Stallmann

Marquette Law Review

No abstract provided.

What Is "Fair" Partisan Representation, And How Can It Be Constitutionalized? The Case For A Return To Fixed Election Districts, James A. Gardner

Marquette Law Review

No abstract provided.

"Neither Peace Nor Uniformity": Local Government In The Wisconsin Constitution, Michael E. Libonati

Marquette Law Review

No abstract provided.

Wisconsin's Constitutional Amendment Habit: A Disease Or A Cure?, Joseph A. Ranney

Marquette Law Review

No abstract provided.

On Wisconsin: Some Friendly Constitutional Advice, William A. Niskanen

Marquette Law Review

No abstract provided.

Comments On William A. Niskanen's On Wisconsin: Some Friendly Constitutional Advice, Andrew Reschovsky

Marquette Law Review

No abstract provided.

Constitutional Isolationism And The Limits Of State Separation Of Powers As A Barrier To Interstate Compacts, Jim Rossi

Marquette Law Review

No abstract provided.

Wisconsin's Chief Legislator: The Governor's Partial Veto Authority And The New Tipping Point, Benjamin W. Proctor

Marquette Law Review

No abstract provided.

Table Of Contents For Volume 90, Number 4, Marquette University

Marquette Law Review

No abstract provided.

Hallows Lecture: Challenges To Judicial Independence And The Rule Of Law: A Perspective From The Circuit Courts, Honorable Carolyn Dineen King

Marquette Law Review

No abstract provided.

Caught In The Middle: How State Politics, State Law, And State Courts Constrain Tribal Influence Over Indian Gaming, Kathryn R.L. Rand

Marquette Law Review

No abstract provided.

The Fraud In The Inducement Exception To The Economic Loss Doctrine, Ralph C. Anzivino

Marquette Law Review

No abstract provided.

Adding (Or Reaffirming) A Temporal Element To The Miranda Warning "You Have The Right To An Attorney", Adam S. Bazelon

Marquette Law Review

No abstract provided.

Table Of Contents For Volume 91, Number 1, Marquette University

Marquette Law Review

No abstract provided.

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

Marquette Law Review

No abstract provided.