Law Commons^™

The Legacy Of Trayvon Martin—Neighborhood Watches, Vigilantes, Race, And Our Law Of Self-Defense, Mark S. Brodin

Marquette Law Review

Reflecting back a decade later, what is the enduring significance of the Trayvon Martin case—a Black teenager whose life is violently cut short, and a legal system that accepted his death without consequence? The poet Elizabeth Alexander speaks of “The Trayvon Generation” of Black youth who have grown up in the haunting shadow of his killing, and the anguished parents who cannot protect their children from such a fate. America’s first Black president spoke for them: “When I think about this boy, I think about my own kids. If I had a son, he’d look like Trayvon,” Barack Obama told …

Warren/Burger Courts Exalted “Free” Expression Over Other American Values, Louis W. Hensler Iii

Marquette Law Review

Anglo-American defamation law started with a simple condemnation of the sin of evil speaking. Eventually, this value condemning harmful speech was accommodated to the value of speaking the truth, even hurtful truth. A third value of fostering responsible self-government was injected into American defamation law at and around the time of the American Revolution. This value makes it especially important for citizens to freely speak even hurtful truth about their government.

Election Administration Concerns Meet Claims Of A Fraudulent Election: A Comprehensive Analysis Of The 2020 Presidential Election And Its Aftermath In Wisconsin, Joe Franke

Marquette Law Review

The 2020 presidential election unearthed valid questions about how the election was administered and whether various state laws were properly followed. However, President Donald Trump and his closest allies routinely fail to distinguish between questions about whether state officials correctly interpreted and applied the state’ s election code and actual fraud or malfeasance. There is a significant difference between accusing election officials of wrongly interpreting state law or incorrectly implementing election procedures, and alleging that those same officials intended to rig the outcome. Failure to make this distinction has contributed to the stolen election narrative, which continues to roil the …

Table Of Contents

Marquette Sports Law Review

No abstract provided.

Without A Will, There Is Still A Way: A Statutory Solution To Increase The Value Of A Small Estate And Aid In Reducing The Racial Equity Gap In Wisconsin, Isabella V. Avila Perez

Marquette Benefits and Social Welfare Law Review

For generations, communities of color have struggled to increase their generational wealth. Lack of access to estate planning tools leaves minority groups and low-income families compromised and more likely to die intestate. While the current probate system creates a safety net for those that die intestate, this comment aims to address the need for a statutory solution to aid in combatting Wisconsin's racial equity gap. More specifically, this Comment suggests how increasing and indexing Wisconsin's summary settlement and summary assignment small estate values to include estates of $100,000 or less will allow for more minority and low-income families to qualify …

Narrowing The Playing Field On Nil Collectives, Kathryn Kisska-Schulze

Marquette Sports Law Review

No abstract provided.

The International Commitments Of The Fifty States, Ryan M. Scoville

Faculty Publications

U.S. law allocates power to conduct foreign relations primarily to the federal government, but it is well known that states routinely maintain foreign relations of their own. Much of this activity appears to result in legal and political commitments, whether in the form of “sister state” agreements or binding pledges to cooperate on discrete issues such as investment, environmental protection, and transportation. These commitments are at least loosely comparable to international treaties and may either advance or disserve state and national interests.

Yet very little is known about the commitments that are in force. For the most part, neither federal …

Interconstituted Legal Agents, Christian Turner

Marquette Law Review

Legal theory and doctrine depend on underlying assumptions about human nature and sociality. Perhaps the most common and basic assumption is that we are separate persons who communicate imperfectly with one another. While this separation thesis has been questioned, it still dominates legal theory. However, I show that understanding separation and connection as alternative perspectives, rather than as ontologically true or false, reveals that legal conflict often arises when these perspectives give rise to clashing intuitions concerning the meaning of community and what constitutes goals and harms. This Article organizes perspectives on social relationships in increasing order of intersubjectivity: isolation, …

The "Accident Network": A Network Theory Analysis Of Proximate Causation, Anat Lior

Marquette Law Review

In torts, proximate causation, or legal cause, examines whether harmful negligent conduct is “closely enough related” to the damages that ensue. Torts professors often use the metaphor of a stone being thrown into a pond to explain this rather amorphous legal doctrine. The ripples the stone creates surrounding it are the direct result of the act of it being thrown. The stone tossed into the pond, i.e., a negligent act, created an effect which perpetuated via ripples to a long distance, forever changing the entire pond, i.e., causing close and far damages. Can all of those affected by the negligent …

The First Offense Is Just A Ticket? How Culture And Lobbying Shaped Wisconsin's Drunk Driving Law, And What To Do About It, Noah Wolfenstein

Marquette Law Review

Wisconsin is known for, and proud of, its heavy drinking culture. The Badger State also acts as a safe haven for drunk drivers, of which there are many. Most notably, Wisconsin is the only member of the fifty states which does not criminally punish first-time drunk driving offenders. If the Wisconsin legislature has any interest in the public safety of its constituents, then new drunk driving prevention measures must be implemented.

When To Leave The Stones Unturned: Using Proportionality To Navigate Discovery Efficiently, Effectively, And Ethically, Stephen L. Rispoli, James E. Wren, Daniella Mcdonagh

Marquette Law Review

Discovery is intended to be an efficient, truth-seeking process with the ultimate goal of achieving just, speedy, and inexpensive dispute resolution. However, the consistent and extensive abuse of discovery has cast a shadow on the intended purpose of the process. For various ill- and well-intentioned reasons, attorneys abuse the process by conducting unnecessarily excessive and expensive discovery. One such reason for excessive and expensive discovery—and the focus of this Article—is the over-zealous advocacy of attorneys who leave no stone unturned out of fear of legal malpractice claims. To combat such excessive and expensive discovery, the Federal Rules of Civil Procedure …

A Brief Legal History Of Wisconsin Conservation, Jason J. Czarnezki, Carolyn Drell

Marquette Law Review

The State of Wisconsin’s longstanding conservation ethic includes the passage of the Conservation Education Statute, which required conservation of natural resources be taught in public schools, and the creation of “Earth Day.” However, a lack of recent interest and scholarship in Wisconsin’s important conversation history and development of conservation law has driven us to write this Article which offers a brief legal history of Wisconsin conservation— how the state’s conservation values were expressed in law, how its natural resources law has evolved and what that has (and has not) embodied, and how Wisconsin helps us define modern concepts of “conservation.” …

How Reputational Nondisclosure Agreements Fail (Or, In Praise Of Breach), Mark Fenster

Marquette Law Review

Investigative reporters and the #MeToo movement exposed the widespread use of non-disclosure agreements intended to maintain confidentiality about one or both contracting parties’ embarrassing acts. These reputational NDAs (RNDAs) have been widely condemned and addressed in the past half-decade by legislators, activists, and academics. Their exposure, often via victims’ breaches, revealed a curious and distinct dilemma for the non-breaching party whose reputation is vulnerable to disclosure. In most contracts, non-breaching parties might choose to forgo enforcement because of the cost and uncertain success of litigation and the availability of other pathways to a satisfactory resolution. Parties to a RNDA, by …

Wisconsin And The State Of Dairy, Madison Bushman

Marquette Law Review

Wisconsin has earned the nickname America’s Dairyland. While farming has maintained its popularity through the decades, the farms have changed. Small family farms were replaced by large factory farms called Concentrated Animal Feeding Operations (CAFOs). CAFOs benefit society by making meat and dairy cheaper. However, the factory farms are major polluters and nuisance producers, so the laws and regulations need to be tightened to hold CAFOs accountable.

This Comment explores how CAFOs rose to dominance due to Wisconsin’s lenient Right to Farm (RTF) law and the potential solutions to the problems from CAFOs. This Comment begins by discussing the history …

Sovereign, Employer, Community: A Theory Of Military Justice Beyond Discipline, Obedience, And Efficiency, Dan Maurer

Marquette Law Review

Unfortunately, when we look for such a theory to understand or legitimate the structure, foundational premises, and evolutionary path of the U.S. military’s separate criminal justice system, we find only a mirage—the blurry image of a super-rationale that simply evaporates the closer we inspect it. There is no theory that sheds light on why the system is what it is, nor how or why it could change further. This Article proposes such a theory. Aside from breaking ground as the first comprehensive theory of military justice in the field’s storied history, it aims to contribute to legislators’, the courts’, commanders’, …

Illusory Policy Implications Of Behavioral Law & Economics, Terrance O'Reilly

Marquette Law Review

Behavioral law and economics has achieved notable policy influence promoting soft paternalism—using nudges to encourage better choices without limiting options. Recently, some behavioral scholars have suggested that positive behavioral models actually support hard paternalism—imposing mandates. This Article challenges the insinuation that behavioral law and economics supports mandates.

Table Of Contents

Marquette Sports Law Review

No abstract provided.

"Eighteen Million Over": The National Hockey League's Long Term Injured Reserve Parity Challenge, Bernard Horowitz, Robert Luther Iii

Marquette Sports Law Review

No abstract provided.

Debating Outcomes Of The Antitrust Challenges Between The Pga Tour And The Liv Golf Tour, John A. Fortunato

Marquette Sports Law Review

No abstract provided.

The Largest Wave In The Ncaa's Ocean Of Change: The "College Athletes Are Employees" Issue Reevaluated, Joshua Hernandez

Marquette Sports Law Review

No abstract provided.

College Athletes Rolling Up Their Sleeves: Is A Mandatory Covid Vaccine Policy Constitutional?, Clara C. Sporrer

Marquette Sports Law Review

No abstract provided.

Disregarding Brentwood: State Courts Ignoring The Supreme Court's Decision On State Action, Patrick T. Mccormick

Marquette Sports Law Review

No abstract provided.

The Overwatch League's Structure Provides Esports With The Ultimate Charge For A "Gamers Union" Transcendence, Kyle T. Kasper

Marquette Sports Law Review

No abstract provided.

Student-Athlete Or More? Why Cadet-Athletes At The United States Service Academies Should Also Benefit From Nil, Michelle A. Svilpe

Marquette Sports Law Review

No abstract provided.

2022 Annual Survey: Recent Developments In Sports Law, Paul D. Kekich

Marquette Sports Law Review

No abstract provided.

Index: Sports Law In Law Reviews And Journals, Paul D. Kekich

Marquette Sports Law Review

No abstract provided.

Checkmate: Why The First Amendment Protects Prison Inmates' Right To Play Correspondence Chess Using Algebraic Notation, Eric T. Kasper

Marquette Sports Law Review

No abstract provided.

Governance Of International Sports Federations Through The Lens Of Global Administrative Law, Despina Mavromati

Marquette Sports Law Review

No abstract provided.

Human Rights Concerns In Professional Tennis, Ilias Bantekas

Marquette Sports Law Review

No abstract provided.

Lawyers In The Baseball Hall Of Fame, Christian H. Brill, Howard W. Brill

Marquette Sports Law Review

No abstract provided.