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Articles 271 - 300 of 6614
Full-Text Articles in Law
Presuit Lawyer Information Duties Relevant To Civil Litigation, Jeffrey A. Parness
Presuit Lawyer Information Duties Relevant To Civil Litigation, Jeffrey A. Parness
Marquette Law Review
In both federal and state courts in the United States, there are significant civil procedure, professional responsibility, and substantive laws addressing presuit lawyer duties on creating, preserving, producing, and protecting information relevant to later civil litigation. These laws speak to lawyer conduct both in personally handling information and in overseeing the information acts of others. To date, the challenges these laws pose to lawyers have not been well examined, or even largely perceived. And, to date, lawyers have been left unaccountable for their personal violations of these duties.
A Survey Of Civil Procedure: Technology To Covid-19 Within State Courts, Joshua H. Hernandez
A Survey Of Civil Procedure: Technology To Covid-19 Within State Courts, Joshua H. Hernandez
Marquette Law Review
The COVID-19 pandemic catalyzed the implementation of technological innovation within the legal field. Specifically, state courts used technology to adjust their civil procedures while maintaining accurate results, limiting costs, and providing meaningful participation to varying degrees of success. In addition, given the piecemeal nature of these adjustments, there is a lack of knowledge regarding what actions were taken in the early months of the pandemic. Thus, this Comment conducts a survey focusing on how the states adjusted their judicial civil procedures to respond to COVID-19’s impact. This Comment then argues that the most liberal implementation of technological adjustments may not …
Does Public Health Start Within Jails? A New Incentive For Reform Of Wisconsin's Bail System, Mahmood N. Abdellatif
Does Public Health Start Within Jails? A New Incentive For Reform Of Wisconsin's Bail System, Mahmood N. Abdellatif
Marquette Law Review
Wisconsin’s Milwaukee and Dane Counties are among many jurisdictions in the country employing modern bail reforms, specifically the Public Safety Assessment (PSA). Most of these jurisdictions adopted the PSA before the advent of the COVID-19 pandemic in the United States, but are increasingly relevant as the virus continues to derail public health measures. Through the intersection of detainees, correctional officers, judicial officials, attorneys, and visitors, millions of Americans filter in and out of correctional facilities on an annual basis. These facilities serve as a microcosm of society and breeding ground for mass infection. The COVID-19 pandemic amplified an existing need …
Quiescent Sovereignty Of U.S. Territories, Michael J. Kelly
Quiescent Sovereignty Of U.S. Territories, Michael J. Kelly
Marquette Law Review
Under modern democratic theory, the font of sovereignty springs from the people; however, traces of its past as a power emanating from the Crown continue to haunt the domestic and international status of sub-sovereign legal entities such as U.S. Territories. Quiescent sovereignty describes that which is possessed by the people of the Territories; a sovereignty that is theirs, but that is wielded on their behalf by the federal government. Although fiduciary responsibilities attach to this arrangement, cycles of attention/neglect are the modus vivendi. Bilateral relationships between the Territories and the federal government are varied, but such differences should not impact …
A New Metaphor: How Artificial Intelligence Links Legal Reasoning And Mathematical Thinking, Melissa E. Love Koenig, Colleen Mandell
A New Metaphor: How Artificial Intelligence Links Legal Reasoning And Mathematical Thinking, Melissa E. Love Koenig, Colleen Mandell
Marquette Law Review
Artificial intelligence’s (AI’s) impact on the legal community expands exponentially each year. As AI advances, lawyers have more powerful tools to enhance their ability to research and analyze the law, as well as to draft contracts and other legal documents. Lawyers are already using tools powered by AI and are learning to shift their methodologies to take advantage of these enhancements. To continue to grow into their shifting role, lawyers should understand the relationship between AI, mathematics, and legal reasoning.
Informational Regulation, The Environment, And The Public, Katrina Fischer Kuh
Informational Regulation, The Environment, And The Public, Katrina Fischer Kuh
Marquette Law Review
Informational Regulation, the Environment, and the Public generates a typology to analyze how public disclosure functions in informational regulation. In the environmental context, informational regulation compels the public disclosure of environmental information without mandating substantive environmental outcomes in the expectation that disclosure itself will prompt beneficial change in the environmental context. Application of the Article’s typology reveals that the emperor has no clothes: Communication of environmental information to the public is considered central to policies employing informational regulation, but the information produced pursuant to these measures largely fails to reach or be understood by lay individuals. For example, empirical data …
Republication Liability On The Web, Jeffrey Standen
Republication Liability On The Web, Jeffrey Standen
Marquette Law Review
The tort of defamation evolved in an era where defamatory speech was published in books, magazines, newspapers, or other printed documents. The doctrines that are antecedent to the tort, such as publication, fault, defamation per se, presumed damages, and republication liability, similarly presumed that most defamation would appear in written form in a published work. Similarly, the significant limitations on defamation liability that were produced by a succession of Supreme Court constitutional precedent, including restrictions on prior restraint, heightened fault standards, expanded “public” classes, the “fact/opinion” dichotomy, and the “truth/substantial truth” burden shifting, also were based on a publishing world …
The Impact Of Social Security Of Dependents And Financing Of Post-Secondary Education Of Dependents On Support Obligations In Particularly California Divorces After The Tax Cuts And Jobs Act Of 2017, John R. Dorocak
Marquette Benefits and Social Welfare Law Review
The 2017 Tax Cuts and Jobs Act made alimony in divorce decrees and separation agreements entered into after December 31, 2018, neither deductible by the payor nor income to the payee for federal income tax purposes. Likely, that change in the tax law will result in less income to payees in a divorce and higher taxes for payors. In California, support in divorces is basically calculated by the software program Dissomaster. With payors facing higher taxes, such payors may look for possible sources of additional income for paying support. Payors may receive a credit in California against the support obligation …
Wisconsin's 2011 Act 108, Legislative Inaction, And Severe Racial Disparity: A Recipe For A Fair Housing Violation, Taylor N. Haefele
Wisconsin's 2011 Act 108, Legislative Inaction, And Severe Racial Disparity: A Recipe For A Fair Housing Violation, Taylor N. Haefele
Marquette Benefits and Social Welfare Law Review
When individuals are released from prison, the biggest predictor of whether they will reoffend or successfully reenter society is whether the recently released individual has access to stable housing. Unfortunately, nearly every avenue to housing requires passing a criminal background check. Recognizing this as posing a nearly insurmountable barrier to accessing stable housing upon release from prison, Seattle, Washington; Minneapolis, Minnesota; and San Francisco, California have all enacted ordinances regulating the use of background checks to help ensure access to stable housing for formerly incarcerated individuals. Madison, Wisconsin, and other Wisconsin cities had similar ordinances that regulated the use of …
A Critical Jeffersonian Mind For A Community Reinvestment Bind, Chaz D. Brooks
A Critical Jeffersonian Mind For A Community Reinvestment Bind, Chaz D. Brooks
Marquette Benefits and Social Welfare Law Review
The Community Reinvestment Act of 1977 ("CRA") primarily sought to remedy decades of government sanctioned disinvestment in so-called “redlined communities.” Through the Home Owners’ Loan Corporation and later the Federal Housing Administration, the United States of America created from whole cloth a structure that encouraged and subsidized the explosion of homeownership in white American households. Following decades of racialized wealth generation, the United States had a change of heart. Congress determined that financiers needed a gentle push to invest fairly. Additionally, Congress wanted one thing clear in the drafting of this remedy— it must not allocate credit. This essay considers …
Your Liberty Is Not A Right To Jeopardize My Health: How A State Covid-19 Vaccine Mandate Promotes Health Justice, Rebecca L. Doloski
Your Liberty Is Not A Right To Jeopardize My Health: How A State Covid-19 Vaccine Mandate Promotes Health Justice, Rebecca L. Doloski
Marquette Benefits and Social Welfare Law Review
The COVID-19 pandemic has once again brought the vaccine debate into the national spotlight. Except this time, whether to be vaccinated or not has become widely politicized and the rapid spread of misinformation has led to a deadly game of those who refuse to be vaccinated not only allowing themselves to be susceptible to a deadly virus, but also putting others at risk. In addition to the misinformation and politicization of this issue, the question of constitutionality of such measures is back in the spotlight as potential state vaccine mandates appear to be on the horizon. This paper seeks to …
Labor & Employment Law Guidance For Professional Sports Teams, Christopher R. Deubert
Labor & Employment Law Guidance For Professional Sports Teams, Christopher R. Deubert
Marquette Sports Law Review
No abstract provided.
The Ethics Of Sign Stealing In College Football, Joshua D. Winneker, Ian Silfies
The Ethics Of Sign Stealing In College Football, Joshua D. Winneker, Ian Silfies
Marquette Sports Law Review
No abstract provided.
Gendered Slurs On The Schoolyard: Unlawful Harassment Or “Simple Teasing”?, Ilona M. Turner
Gendered Slurs On The Schoolyard: Unlawful Harassment Or “Simple Teasing”?, Ilona M. Turner
Marquette Sports Law Review
No abstract provided.
U.S. Foreign Relations Law From The Outside In, Ryan M. Scoville
U.S. Foreign Relations Law From The Outside In, Ryan M. Scoville
Faculty Publications
Arguments in the field of U.S. foreign relations law typically proceed from the inside out: legal actors focus on internal (domestic) sources of authority to reach conclusions with significant external (international) implications. The text and structure of the Constitution, case law, legislative intent, assessments of institutional competency, and historical practice thus dominate debates about treaty-making, war powers, diplomatic authorities, and related matters. This tendency reflects generic assumptions about the proper modalities of legal analysis and helps to ensure that the law reflects national values.
Yet inside-out arguments overlook a critical fact: the practical merits of U.S. foreign relations law often …
Think Like Adidas: A Quantitative Analysis Of Adidas' Trademark Protection Strategies, Katie M. Brown, Natasha T. Brison
Think Like Adidas: A Quantitative Analysis Of Adidas' Trademark Protection Strategies, Katie M. Brown, Natasha T. Brison
Marquette Sports Law Review
No abstract provided.
College Football: Proposals For Structural Reform And Antitrust Implications, Drew Thornley
College Football: Proposals For Structural Reform And Antitrust Implications, Drew Thornley
Marquette Sports Law Review
No abstract provided.
Bosman And Beyond: How A Court Decision A Quarter Century Ago Impacted Football On And Off The Pitch, James J. Wold
Bosman And Beyond: How A Court Decision A Quarter Century Ago Impacted Football On And Off The Pitch, James J. Wold
Marquette Sports Law Review
No abstract provided.
The Intersection Of Trademark Law, Athletes, And Money: A "Three-Peat®", Abby R. Glaus
The Intersection Of Trademark Law, Athletes, And Money: A "Three-Peat®", Abby R. Glaus
Marquette Sports Law Review
No abstract provided.
We've Got Spirit, But Now We Want Rights Too!, Sara A. Thurber
We've Got Spirit, But Now We Want Rights Too!, Sara A. Thurber
Marquette Sports Law Review
No abstract provided.
2021 Annual Survey: Recent Developments In Sports Law, Abby R. Glaus
2021 Annual Survey: Recent Developments In Sports Law, Abby R. Glaus
Marquette Sports Law Review
No abstract provided.
Index: Sports Law In Law Reviews And Journals, Abby R. Glaus
Index: Sports Law In Law Reviews And Journals, Abby R. Glaus
Marquette Sports Law Review
No abstract provided.
Title Ix At Fifty: An Introduction, Paul M. Anderson
Title Ix At Fifty: An Introduction, Paul M. Anderson
Marquette Sports Law Review
No abstract provided.
Whose Educational Opportunity?, R. Shep Melnick
Whose Educational Opportunity?, R. Shep Melnick
Marquette Sports Law Review
No abstract provided.
The Pipeline To Title Ix, Dionne Koller
The Pipeline To Title Ix, Dionne Koller
Marquette Sports Law Review
No abstract provided.
A Title Ix Retrospective: From Information & Advocacy To Action & Outcomes..., Cynthia Pemberton
A Title Ix Retrospective: From Information & Advocacy To Action & Outcomes..., Cynthia Pemberton
Marquette Sports Law Review
No abstract provided.
Title Ix's Three-Part Test: The (Lack Of) Utility Of Prong 2, Erica J. Zonder
Title Ix's Three-Part Test: The (Lack Of) Utility Of Prong 2, Erica J. Zonder
Marquette Sports Law Review
No abstract provided.
Title Ix And Covid-19: Losing Millions Of Dollars During A Pandemic Is No Excuse For Cutting Women’S Teams, Genevieve F.E. Birren, Robyn Lubisco, Kerry D. Fischer
Title Ix And Covid-19: Losing Millions Of Dollars During A Pandemic Is No Excuse For Cutting Women’S Teams, Genevieve F.E. Birren, Robyn Lubisco, Kerry D. Fischer
Marquette Sports Law Review
No abstract provided.