Law Commons^™

Parent Misconduct On The Sidelines: Who Is Liable?, Abigail C. Barnett

Marquette Sports Law Review

No abstract provided.

For The (Caleb) Love Of The Game, Let States Write Their Own Nil Rules: Why Federal Nil Legislation Would Create Inefficient And Unfair Tax Consequences For Collegiate Student-Athletes, Cecilia Barreca

Marquette Sports Law Review

No abstract provided.

The Sinister Truth Of Mega-Sporting Event Preparations, Grace E. George

Marquette Sports Law Review

No abstract provided.

Index: Sports Law In Law Reviews And Journals, Patrick K. Doll

Marquette Sports Law Review

No abstract provided.

Questions Of Intellectual Property And Fundamental Values In The Digital Age, Jessica Silbey

Marquette Intellectual Property & Innovation Law Review

None

How Santa Clara Law's "Tech Edge Jd" Program Improves The School's Admissions Yield, Diversity, & Employment Outcomes, Laura Lee Norris, Eric Goldman

Marquette Intellectual Property & Innovation Law Review

No abstract provided.

Survey & Legal Analysis Of Select Global Trademark Anti-Counterfeiting Statutes & Evidence Of Prosecutions, Kari Kammel

Marquette Intellectual Property & Innovation Law Review

None

Grand Jury Information And Government Contractors: Reconciliation Through Privacy Law, Andrew Holzmann

Marquette Intellectual Property & Innovation Law Review

None

International Tax Agreements As The Final Push For Us Adoption Of Adequate Protection In Connection With The Gdpr, Olivia Hansen

Marquette Intellectual Property & Innovation Law Review

None

Paws Off My Profile: Protecting The Persona In A Modern Digital Age, Samantha P. Mccaleb

Marquette Intellectual Property & Innovation Law Review

None.

Artificial Intelligence Owning Patents: A Worldwide Court Debate, Maria A. Penkwitz

Marquette Intellectual Property & Innovation Law Review

In the article "Artificial Intelligence Owning Patents: A Worldwide Court Debate," Maria A. Penkwitz explores the legal conflict over whether AI can be a patent inventor. The central case involved DABUS, an AI system that independently created new inventions. Penkwitz's research highlights a significant global divide in legal perspectives.

While courts in the United States, United Kingdom, and Australia have rejected patents for AI-generated inventions, citing existing laws that require a human inventor, other nations are more progressive. Germany, for example, permits a human to be credited alongside the AI, and South Africa made a landmark ruling by granting a …

Intellectual Property And Accessibility For Individuals With Disabilities, Eman A. Daas

Marquette Intellectual Property & Innovation Law Review

None.

Systematizing Scents: The Case For Chemically Standardized Nontraditional Scent Trademarks, Jared Novitzke

Marquette Intellectual Property & Innovation Law Review

None.

Amend The Lanham Act: Trademark Infringement Needs A Statute Of Limitations, Aaron E. Schindler

Marquette Intellectual Property & Innovation Law Review

None.

Pathways To Justice: Positive Rights, State Constitutions, And Untapped Potential, Dustin Coffman

Marquette Benefits and Social Welfare Law Review

Positive rights, as a concept, are nothing new. Though they may not have always had such a deceptively unequivocal name, positive rights have existed in various forms and mediums throughout history. They've been utilized, underutilized, and, in some cases, outright ignored. At their core, positive rights are the imposition of an obligation upon the state to fulfill some declared right or benefit. One basis for this imposition is that because citizens give up certain rights by being parties to the "social contract," they should be entitled to certain positive protections guaranteed by the state created by way of said "contract." …

Who Bears The Burden? A Collectivist Approach To Resolving Pandemic Relief Overpayments, Allison R. Mastrangelo

Marquette Benefits and Social Welfare Law Review

Unemployment rates soared when COVID-19 hit the U.S. While pandemic relief programs allowed millions to meet their basic needs, a new problem emerged: overpayments. Overpayments occur when state agencies give claimants benefits they were not entitled to. While most claimants were not at fault for these mistakes, millions are now expected to repay benefits they spent months ago. Thus far, the U.S. has prioritized fraud detection over this overpayment crisis. This misguided effort is representative of the destructive, individualistic American welfare culture at large. This note advocates for a solution rooted in collectivist European values: amending the Coronavirus Aid, Relief, …

Gender Confirmation Surgery And The Federal Prison System: Eighth Amendment Framework And Proposed Alternatives, Julie Barnett

Marquette Benefits and Social Welfare Law Review

As reform for individuals with gender dysphoria has developed, the prison system's accommodation of those individuals' needs has underperformed. There have been a number of cases in the past few years where inmates who are experiencing gender dysphoria have not received adequate care in the form of gender confirmation surgery. Four of the Federal Appellate Circuit Courts have decided that a physician's refusal to provide an inmate with gender confirmation surgery is not a violation of the 8th Amendment. One circuit ruled differently and held that denial of the surgery to an inmate experiencing gender dysphoria does violate the 8th …

Hallows Lecture: Complexity And Contradiction In American Law, Gerard E. Lynch

Marquette Law Review

None.

Deconstructing Dog Sniffs At Traffic Stops, Andrea J. Garland

Marquette Law Review

Trial courts often uphold searches of cars at traffic stops when the grounds for the search are that a drug dog established probable cause to think that the vehicle was involved in a drug crime. Traditionally, courts have not considered the sniffs to be searches. The United States Supreme Court has relied on two presumptions to uphold searches based on dog sniffs. These are (1) the dog is trained to only signal the presence of the scent of contraband; and (2) the dog does not physically occupy the vehicle but simply walks around the vehicle.

The First Amendment And The Regulation Of Speech Intermediaries, Shaun B. Spencer

Marquette Law Review

Calls to regulate social media platforms abound on both sides of the political spectrum. Some want to prevent platforms from deplatforming users or moderating content, while others want them to deplatform more users and moderate more content. Both types of regulation will draw First Amendment challenges. As Justices Thomas and Alito have observed, applying settled First Amendment doctrine to emerging regulation of social media platforms presents significant analytical challenges.

Legal Implications Of A Ubiquitous Metaverse And A Web3 Future, Jon M. Garon

Marquette Law Review

The metaverse is understood to be an immersive virtual world serving as the locus for all forms of work, education, and entertainment experiences. Depicted in books, movies, and games, the metaverse has the potential not just to supplement real-world experiences but to substantially supplant them. This Article explores the rapid emergence and evolution of the Web3 technologies at the heart of the metaverse movement. Web3 itself is a paradigmatic shift in internet commerce.

Holmes V. Walton And Its Enduring Lessons For Originalism, Justin W. Aimonetti

Marquette Law Review

Originalism is nothing new. And the New Jersey Supreme Court’s 1780 decision in Holmes v. Walton shows it. In that case, the New Jersey Supreme Court disallowed a state law as repugnant to the state constitution because the law permitted a jury of only six to render a judgment. To reach that result, the court looked to the fixed, original meaning of the jury trial guarantee embedded in the state constitution, and it then constrained its interpretive latitude in conformity with that fixed meaning. Holmes thus cuts against the common misconception that originalism as an interpretive methodology is a modern …

Creating Broadband Equity In Rural Wisconsin, Brian T. Coe

Marquette Benefits and Social Welfare Law Review

Over 430,000 people throughout the state of Wisconsin cur-rently do not have access to the internet. This "digital divide" is even more prominent in rural communities where broadband is either too slow, too expensive, or simply not available. Wisconsin state law cur-rently restricts local governments from providing this vital utility to their residents. The purpose of this Comment is to help readers un-derstand the impact of Wisconsin law surrounding local government public broadband programs, and how they can be changed to offer a more equitable menu of internet access to rural communities. This Comment will discuss the restrictive statutes that …

No Leave To Grieve: How Misfit Frameworks And America's "Grief Tsunami" Require Better Bereavement Policy, Katherine S. Hanson

Marquette Benefits and Social Welfare Law Review

The COVID-19 pandemic fueled America’s recent death surge: 2021 has become the deadliest year on record in the United States. Scholars and commentators claim that the American workplace re-mains unprepared for the impending “grief tsunami” in the wake of such pervasive loss. Likewise, American law is ill-equipped for workplace grief. Bereavement, while medically “normal,” lacks a substantial foothold in workplace benefits and in the law. Currently, organizations bear the burden of developing their own policies—and where available, these policies remain insufficient to accommodate the myriad logistical and emotional complexities associated with the loss of a loved one. In the event …

Certified Fair Wage®: Utilizing Certification Marks In The Fight Against Wage Theft, Anne E. Parrish

Marquette Benefits and Social Welfare Law Review

This paper argues utilizing certification marks in the fight against wage theft is a powerful consumer-side approach to the wage theft crisis, building public attention, fostering a social norm against wage theft, bolstering current approaches to the crisis, and spurring meaningful political action. Current approaches to the wage theft cri-sis are floundering, and certification marks, a subset of trademarks “used to show . . . goods and[] services . . . meet certain standards,” offer a unique approach to the problem. By highlighting certification marks’ unique attributes, showcasing other labor movements’ suc-cessful adaptation of certification marks, and utilizing a hypothetical …

Equal Opportunity In Remote Learning, Teramie Hill

Marquette Benefits and Social Welfare Law Review

Students with disabilities have always been a marginalized group. During the Covid-19 pandemic, this group was even more vulnerable to discrimination because many students simply could not receive services required to ensure equal opportunity in education. While Congress passed the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities in Education Act in order to ensure students with disabilities are fairly treated in the educational system, remote learning has created complications and more complex issues. Making this issue even more complex, many parents are demanding the end of remote learning while others …

Novel Food Ingredients: Food Safety Law, Animal Testing, And Consumer Perspectives, Taimie Bryant

Marquette Law Review

In recent years, some major food companies have publicly stated that they will no longer test their product ingredients on animals. Yet despite the availability of more reliably predictive non-animal toxicity tests, some companies continue testing novel food ingredients on animals. This Article uses the lens of a particular innovative plant-based food company’s decision to test a novel food ingredient on animals as a means of considering more generally whether any food producer has rational legal reasons for testing on animals. The Article explores FDA requirements, consumer food safety litigation, and judicial evaluation of animal test data, all of which …

In The Name Of “Justice”: Shiffra-Green Motions And Their Unintended Harms, Katharine A. Adler

Marquette Law Review

Sexual assault victims face many barriers to reporting the violence they have experienced. As few as one-third of sexual assaults are reported to the police and even fewer result in criminal charges. The criminal justice system can be grueling for sexual assault victims and carries with it the possibility of testifying at trial in front of their perpetrators, an experience that is daunting at best and terrifying at worst. Because of how few cases make it into the court system, along with how difficult the process can be for victims, any legal mechanisms that would create an unnecessary barrier to …

A Legal Map Of New Local Parkland, Daniel B. Rosenbaum

Marquette Law Review

Public parks play consequential roles in local communities. Parks can raise property values, encourage or inhibit sprawl, and promote health, safety, and social cohesion. The decision to create a park affects development in the surrounding area and dictates which residents can easily access the property’s new amenities—and which residents cannot.

Yet, public stakeholders are given few signposts in making and monitoring public park acquisitions. Data on new parkland is scarce; moreover, the legal framework undergirding the process is poorly understood and rarely explored, particularly at the local government level. Although local governments are America’s leading stewards and gatekeepers of public …

Some Observations On Separation Of Powers And The Wisconsin Constitution, Chad M. Oldfather

Marquette Law Review

In recent years the Wisconsin Supreme Court has decided several high- profile cases concerning the separation of powers under the state constitution. In the abstract, questions concerning the separation of powers do not seem inherently partisan, largely because the partisan balance of government will shift over time. Yet, as has been the case with many of its recent decisions, the justices’ votes have broken along what most observers regard as partisan lines, and the opinions have featured heated prose including accusations of result orientation and methodological illegitimacy.