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Marquette University Law School

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Articles 2221 - 2250 of 6614

Full-Text Articles in Law

The "Blind Look" Rule Of Reason: Federal Courts' Peculiar Treatment Of Ncaa Amateurism Rules, Tibor Nagy Jan 2005

The "Blind Look" Rule Of Reason: Federal Courts' Peculiar Treatment Of Ncaa Amateurism Rules, Tibor Nagy

Marquette Sports Law Review

No abstract provided.


Rules Of A Sport- Specific Arbitration Process As An Instrument Of Policy Making, Hilary A. Findlay Jan 2005

Rules Of A Sport- Specific Arbitration Process As An Instrument Of Policy Making, Hilary A. Findlay

Marquette Sports Law Review

No abstract provided.


Defining Judicial Inactivism: Models Of Adjudication And The Duty To Decide, Chad M. Oldfather Jan 2005

Defining Judicial Inactivism: Models Of Adjudication And The Duty To Decide, Chad M. Oldfather

Faculty Publications

Debates over the proper function of courts tend to focus on delineating the outer limits of judicial authority. One of the primary concerns in these debates is the phenomenon often described as judicial activism. Although there is no fixed notion of precisely what constitutes judicial activism, the core idea is a concern about judges overstepping the bounds of their role, and somehow or other doing more than is proper.

What might be characterized as judicial inactivism, in contrast, has generally been overlooked. This is somewhat curious. Underlying concern about judicial inactivism is a recognition of the possibility that judges might …


The Myth Of Uniformity, Michael M. O'Hear Jan 2005

The Myth Of Uniformity, Michael M. O'Hear

Faculty Publications

No abstract provided.


A Prudential Theory Of Judicial Candor, Scott C. Idleman Jan 2005

A Prudential Theory Of Judicial Candor, Scott C. Idleman

Faculty Publications

No abstract provided.


Jefferson And Juries: The Problem Of Law, Reason, And Politics In The New Republic, Daniel D. Blinka Jan 2005

Jefferson And Juries: The Problem Of Law, Reason, And Politics In The New Republic, Daniel D. Blinka

Faculty Publications

No abstract provided.


Sports Law In The State Of Wisconsin, Paul M. Anderson Jan 2005

Sports Law In The State Of Wisconsin, Paul M. Anderson

Faculty Publications

No abstract provided.


What Limitation Period Applies To Retaliatory Discharge Actions Under The Federal False Claims Act?, Jay E. Grenig Jan 2005

What Limitation Period Applies To Retaliatory Discharge Actions Under The Federal False Claims Act?, Jay E. Grenig

Faculty Publications

No abstract provided.


Is There A Due Process Protected Right To Police Enforcement Of A Domestic Abuse Restraining Order?, Jay E. Grenig Jan 2005

Is There A Due Process Protected Right To Police Enforcement Of A Domestic Abuse Restraining Order?, Jay E. Grenig

Faculty Publications

No abstract provided.


Are Municipalities Liable For Damages And Attorney's Fees For Wrongfully Denying A Permit For A Wireless Service Facility?, Ralph C. Anzivino Jan 2005

Are Municipalities Liable For Damages And Attorney's Fees For Wrongfully Denying A Permit For A Wireless Service Facility?, Ralph C. Anzivino

Faculty Publications

No abstract provided.


When Spies Come In From The Cold, Are They Entitled To Their Day In Federal Court?, Jay E. Grenig Jan 2005

When Spies Come In From The Cold, Are They Entitled To Their Day In Federal Court?, Jay E. Grenig

Faculty Publications

No abstract provided.


At The Crossroads Of Title Ix And A New "Idea": Why Bullying Need Not Be "A Normal Part Of Growing Up" For Special Education Children, Paul M. Secunda Jan 2005

At The Crossroads Of Title Ix And A New "Idea": Why Bullying Need Not Be "A Normal Part Of Growing Up" For Special Education Children, Paul M. Secunda

Faculty Publications

In 21st century America, bullying of children by other children at school continues at epidemic levels. Organizations as diverse as the Department of Health and Human Services (through the National Institutes of Health and Health Resources and Services Administration (HRSA)), the National Crime Prevention Council, the National Youth Violence Prevention Resource Center, and the National Education Association, have all targeted school bullying and its consequences in various initiatives and campaigns over the last several years. These organizations argue that if schools and parents do not properly intervene to prevent bullying, the long-term ramifications for both the bully and the bullied …


A Public Interest Model For Applying Lost Chance Theory To Probabilistic Injuries In Employment Discrimination Cases, Paul M. Secunda Jan 2005

A Public Interest Model For Applying Lost Chance Theory To Probabilistic Injuries In Employment Discrimination Cases, Paul M. Secunda

Faculty Publications

This article assesses Judge Posner's opinion in Doll v. Brown, suggesting that lost chance theory be applied to probabilistic injuries in competitive hiring and promotion cases involving employment discrimination. I agree with Judge Posner that the lost chance remedial approach, derived from medical malpractice law, has a proper role to play in determining just and equitable remedies in this employment discrimination context. But I argue for a public interest model to appropriately take into account the public interest emphasis of employment discrimination law. I argue that courts should utilize a modified version of lost chance theory to award punitive-like equitable …


Lawrence's Quintessential Millian Moment And Its Impact On The Doctrine Of Unconstitutional Conditions, Paul M. Secunda Jan 2005

Lawrence's Quintessential Millian Moment And Its Impact On The Doctrine Of Unconstitutional Conditions, Paul M. Secunda

Faculty Publications

No abstract provided.


The Recognition Of A Negligence Cause Of Action For Victims Of Identity Theft: Someone Stole My Identity, Now Who Is Going To Pay For It?, Anthony E. White Jan 2005

The Recognition Of A Negligence Cause Of Action For Victims Of Identity Theft: Someone Stole My Identity, Now Who Is Going To Pay For It?, Anthony E. White

Marquette Law Review

No abstract provided.


American Separationism And Liberal Democracy: The Establishment Clause In Historical And Comparative Perspective, Richard Albert Jan 2005

American Separationism And Liberal Democracy: The Establishment Clause In Historical And Comparative Perspective, Richard Albert

Marquette Law Review

No abstract provided.


Remedying The Confusion Between Statutes Of Limitations And Statues Of Repose In Wisconsin - A Conceptual Guide, Daniel J. La Fave Jan 2005

Remedying The Confusion Between Statutes Of Limitations And Statues Of Repose In Wisconsin - A Conceptual Guide, Daniel J. La Fave

Marquette Law Review

No abstract provided.


A History Of The Wisconsin Inheritance Tax, Jack Stark Jan 2005

A History Of The Wisconsin Inheritance Tax, Jack Stark

Marquette Law Review

No abstract provided.


Rule 60(B)(6): Whether "Tapping The Grand Reservoir Of Equitable Power" Is Appropriate To Right An Attorney's Wrong, Christopher G. Meadows Jan 2005

Rule 60(B)(6): Whether "Tapping The Grand Reservoir Of Equitable Power" Is Appropriate To Right An Attorney's Wrong, Christopher G. Meadows

Marquette Law Review

No abstract provided.


Impact Of Contingency Fee Agreements On "Reasonable" Attorney Fees Awarded Pursuant To Wisconsin Fee-Shifting Statutes, Katherine M. Mongoven Jan 2005

Impact Of Contingency Fee Agreements On "Reasonable" Attorney Fees Awarded Pursuant To Wisconsin Fee-Shifting Statutes, Katherine M. Mongoven

Marquette Law Review

No abstract provided.


"All Politics Is Local": The Politics Of Merit-Based Federal Judicial Selection In Wisconsin, Annie L. Owens Jan 2005

"All Politics Is Local": The Politics Of Merit-Based Federal Judicial Selection In Wisconsin, Annie L. Owens

Marquette Law Review

No abstract provided.


Table Of Contents For Volume 89, Number 1, Marquette University Jan 2005

Table Of Contents For Volume 89, Number 1, Marquette University

Marquette Law Review

No abstract provided.


Reflections On Wisconsin's Brown Experience, Phoebe Weaver Williams Jan 2005

Reflections On Wisconsin's Brown Experience, Phoebe Weaver Williams

Marquette Law Review

No abstract provided.


The Conundrum Of Segregation's Ending: The Education Choices, Alison Barnes Jan 2005

The Conundrum Of Segregation's Ending: The Education Choices, Alison Barnes

Marquette Law Review

No abstract provided.


Brown: Why We Must Remember, Mildred Wigfall Robinson Jan 2005

Brown: Why We Must Remember, Mildred Wigfall Robinson

Marquette Law Review

No abstract provided.


Some Conditions In Milwaukee At The Time Of Brown V. Board Of Education, Frank Zeidler Jan 2005

Some Conditions In Milwaukee At The Time Of Brown V. Board Of Education, Frank Zeidler

Marquette Law Review

No abstract provided.


Education Of American Indians In The Age Of Brown V. Board Of Education, Francis Paul Prucha S.J. Jan 2005

Education Of American Indians In The Age Of Brown V. Board Of Education, Francis Paul Prucha S.J.

Marquette Law Review

No abstract provided.


Wisconsin's Quiet Crisis, George Lightbourn Jan 2005

Wisconsin's Quiet Crisis, George Lightbourn

Marquette Law Review

No abstract provided.


A Commentary On The Economic Loss Doctrine Under The Rule Of Cease Electric And Cascade Stone, John D. Finerty Jr., Charles J. Crueger Jan 2005

A Commentary On The Economic Loss Doctrine Under The Rule Of Cease Electric And Cascade Stone, John D. Finerty Jr., Charles J. Crueger

Marquette Law Review

No abstract provided.


A Call For Change: Improving Judicial Selection Methods, Jason J. Czarnezki Jan 2005

A Call For Change: Improving Judicial Selection Methods, Jason J. Czarnezki

Marquette Law Review

No abstract provided.