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Full-Text Articles in Law

When Food Is A Weapon: Parental Liability For Food Allergy Bullying, D'Andra Millsap Shu Jan 2020

When Food Is A Weapon: Parental Liability For Food Allergy Bullying, D'Andra Millsap Shu

Marquette Law Review

Food allergies in children are rising at an alarming pace. Increasingly, these children face an added threat: bullies targeting them because of their allergies. This bullying can take a life-threatening turn when the bully exposes the victim to the allergen. This Article is the first major legal analysis of food allergy bullying. It explores the legal system’s failure to adequately address the problem of food allergy bullying and makes the case for focusing on the potential tort liability of the bully’s parents. Parents who become aware of their child’s bullying behavior and fail to take adequate steps to stop it …


Women's Spaces, Women's Rights: Feminism And The Transgender Rights Movement, Christen Price Jan 2020

Women's Spaces, Women's Rights: Feminism And The Transgender Rights Movement, Christen Price

Marquette Law Review

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Balancing Sorna And The Sixth Amendment: The Case For A "Restricted Circumstance-Specific Approach", John F. Howard Jan 2020

Balancing Sorna And The Sixth Amendment: The Case For A "Restricted Circumstance-Specific Approach", John F. Howard

Marquette Law Review

The Sex Offender Registration and Notification Act (SORNA) is in place to protect the public, children especially, from sex offenders. Under SORNA, anyone and everyone convicted of what the law defines as a “sex offense” is required to register as a “sex offender,” providing accurate and up-to-date information on where they live, work, and go to school. Failure to do so constitutes a federal crime punishable by up to ten years imprisonment. But how do federal courts determine whether a particular state-level criminal offense constitutes a “sex offense” under SORNA? Oftentimes when doing comparisons between state and federal law for …


State Liability For A Mishandled Response: Strategic Remedies On The Heels Of Covid-19, Captain Matthew H. Ormsbee Usaf Jan 2020

State Liability For A Mishandled Response: Strategic Remedies On The Heels Of Covid-19, Captain Matthew H. Ormsbee Usaf

Marquette Law Review

In early 2020, as the novel coronavirus (COVID-19) shocked many health experts and world leaders with its ease of transmission and slow but unyielding spread from Wuhan, China, the initial state response centered on how to contain an epidemic and help those who are infected. Many months later, as some states enjoy a flattened curve following austere social distancing measures, many states may turn their attention from health response to legal response for China’s initial mishandling of the COVID-19 outbreak. China is certainly not alone in implementing containment measures that were not maximally prompt or effective. Still, China occupies a …


The Myth Of Optimal Expectation Damages, Theresa Arnold, Amanda Dixon, Madison Sherrill, Mitu Gulati Jan 2020

The Myth Of Optimal Expectation Damages, Theresa Arnold, Amanda Dixon, Madison Sherrill, Mitu Gulati

Marquette Law Review

A much-debated question in contract law scholarship is what the optimal measure of damages for breach should be. The casebook answer—drawing from the theory of efficient breach—is expectation damages. This standard answer, which was a major contribution of the law and economics field, has come under attack by theoreticians within that field itself. To shed an empirical perspective on the question, we look at data on the types of damages provisions parties contract for themselves in international debt contracts. Specifically, we examine issuer call provisions, which are economically equivalent to damages for prepayment, yet not viewed as legally problematic in …


Mozart V. Beethoven: Consequences Of Ninth Circuit Copyright Law On Classical Creativity, Amanda E.B. Collins Jan 2020

Mozart V. Beethoven: Consequences Of Ninth Circuit Copyright Law On Classical Creativity, Amanda E.B. Collins

Marquette Law Review

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Is The Constitution’S Convention For Proposing Amendments A “Mystery”? Overlooked Evidence In The Narrative Of Uncertainty, Robert G. Natelson Jan 2020

Is The Constitution’S Convention For Proposing Amendments A “Mystery”? Overlooked Evidence In The Narrative Of Uncertainty, Robert G. Natelson

Marquette Law Review

Since the 1960s, leading academics and other commentators have claimed that the composition and protocols of the Constitution’s “Convention for proposing Amendments” are unknowable, subject to congressional control, or both. Today those claims are on a collision course with growing public sentiment for an amendments convention to address federal dysfunction.


Climate Change, Sustainability, And The Failure Of Modern Property Theory, Jill M. Fraley Jan 2020

Climate Change, Sustainability, And The Failure Of Modern Property Theory, Jill M. Fraley

Marquette Law Review

Property rights are, I argue, the single largest legal limitation on our ability to respond effectively to the climate change crisis. This is because our understanding of the scope of property rights shapes and limits legal concepts such as regulatory takings, land use law, common law tort and property claims, and statutory environmental regulation. Property sets our cultural norms about how much the government can or should control the uses of land. The goals of this Article are to (1) historically demonstrate the failures of socially oriented property theory as they are represented in the analytical framework of doctrines such …


Unconstitutional Parenthood, Jeffrey A. Parness Jan 2020

Unconstitutional Parenthood, Jeffrey A. Parness

Marquette Law Review

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The Online Defamation Dilemma: Adapting An Age-Old Doctrine To The Reality, Elizabeth Elving Jan 2020

The Online Defamation Dilemma: Adapting An Age-Old Doctrine To The Reality, Elizabeth Elving

Marquette Law Review

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Factually Baseless Enforcement Of Criminal Law Is Okay. Full Enforcement Is Not., Darryl K. Brown Jan 2020

Factually Baseless Enforcement Of Criminal Law Is Okay. Full Enforcement Is Not., Darryl K. Brown

Marquette Law Review

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Property Rights In Celestial Bodies: A Question Of Pressing Concern To All Mankind, Megan Alexa Mackay Jan 2020

Property Rights In Celestial Bodies: A Question Of Pressing Concern To All Mankind, Megan Alexa Mackay

Marquette Law Review

Commercial interest in outer space is increasing, thanks in part to technological developments and private sector investment. Major spacefaring nations—including the United States, China, and Russia—are suddenly having to grapple with issues of space law that have not been so hotly debated since the Cold War. Unfortunately, the foundational document governing the use of outer space and its resources is the Outer Space Treaty from 1967. Written from the perspective of an earlier era and intentionally nonspecific in much of its phrasing, this agreement has stymied the economic development of space resources by its ambiguously worded prohibition on the appropriation …


Ice Detention Contracts, Third-Party Beneficiary Suits, And Private Contracts In Immigrant Detention, Patrick Kennedy Jan 2020

Ice Detention Contracts, Third-Party Beneficiary Suits, And Private Contracts In Immigrant Detention, Patrick Kennedy

Marquette Law Review

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A Theory Of Factfinding: The Logic For Processing Evidence, Kevin M. Clermont Jan 2020

A Theory Of Factfinding: The Logic For Processing Evidence, Kevin M. Clermont

Marquette Law Review

Academics have never agreed on a theory of proof. The darkest corner of anyone’s theory has concerned how legal decisionmakers logically should find facts. This Article pries open that cognitive black box. It does so by employing multivalent logic, which enables it to overcome the traditional probability problems that impeded all prior attempts. The result is the first-ever exposure of the proper logic for finding a fact or a case’s facts.


Safe Money, John Crawford Jan 2020

Safe Money, John Crawford

Marquette Law Review

This Article provides the first comprehensive survey and evaluation of proposed approaches to the central financial reform issue of our era: making all money held in account form “safe,” or non-defaultable, in the same way a dollar bill cannot default. Financial crises are at core a problem of defaultable money; preventing such crises requires making money safe. The goal is eminently achievable; indeed, a number of plausible proposals have been advanced. The project has two aspects: providing better safe money options and eliminating unsafe money. This Article analyzes safe money approaches and concludes that expanding “base” money—that is, direct claims …


Presidential Administration, The Appearance Of Corruption, And The Rule Of Law: Can Courts Rein In Unlawful Executive Orders?, Emily Morgan, Michael R. Barsa Jan 2020

Presidential Administration, The Appearance Of Corruption, And The Rule Of Law: Can Courts Rein In Unlawful Executive Orders?, Emily Morgan, Michael R. Barsa

Marquette Law Review

Many of President Trump’s executive orders aimed to “deconstruct” the administrative state by exercising unprecedented control over agency action. While presidents have exercised directive authority over executive agencies for several decades, these recent directives are particularly troubling because many of them direct agencies to act contrary to congressionally mandated procedures designed to ensure that agencies engage in predictable, transparent, and justified decision-making. This phenomenon poses a threat not only to agency rulemaking but also to corresponding rule of law principles—all at a time when public confidence in government officials has steadily declined and more and more Americans perceive their officials …


Table Of Contents Jan 2020

Table Of Contents

Marquette Sports Law Review

No abstract provided.


The Baylor Clause: Report Or Be Fired, Martin J. Greenberg, Andrew Mentzer, Madeline Wergin Jan 2020

The Baylor Clause: Report Or Be Fired, Martin J. Greenberg, Andrew Mentzer, Madeline Wergin

Marquette Sports Law Review

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A Thirty-Year Retrospective Of Legal Developments Impacting College Athletics, Timothy Davis Jan 2020

A Thirty-Year Retrospective Of Legal Developments Impacting College Athletics, Timothy Davis

Marquette Sports Law Review

None


Esports And Its Reinforcement Of Gender Divides, Kruthika N. S. Jan 2020

Esports And Its Reinforcement Of Gender Divides, Kruthika N. S.

Marquette Sports Law Review

None


Wrongful Death: Does The Ncaa Have An Affirmative Duty To Protect Its Student-Athletes?, Rae-Anna Sollestre Jan 2020

Wrongful Death: Does The Ncaa Have An Affirmative Duty To Protect Its Student-Athletes?, Rae-Anna Sollestre

Marquette Sports Law Review

None


Table Of Contents Jan 2020

Table Of Contents

Marquette Sports Law Review

No abstract provided.


Criminalizing Match-Fixing As America Legalizes Sports Gambling, Jodi S. Balsam Jan 2020

Criminalizing Match-Fixing As America Legalizes Sports Gambling, Jodi S. Balsam

Marquette Sports Law Review

No abstract provided.


May They Play: Soule V. Connecticut Association Of Schools, Inc., Title Ix, And A Policy Of Inclusion For High School Transgender Athletes Without Prerequiring Hormone Therapy Or Puberty Blockers, Dylan O. Malagrino Jan 2020

May They Play: Soule V. Connecticut Association Of Schools, Inc., Title Ix, And A Policy Of Inclusion For High School Transgender Athletes Without Prerequiring Hormone Therapy Or Puberty Blockers, Dylan O. Malagrino

Marquette Sports Law Review

No abstract provided.


Here Comes A New Challenger! Esports And California Ab 5, Patrick Hankins Jan 2020

Here Comes A New Challenger! Esports And California Ab 5, Patrick Hankins

Marquette Sports Law Review

No abstract provided.


Tfue V. Faze Clan And Newly Created Players Associations: What Has Happened And How Will It Impact The Future Of Esports?, Chase Cripe Jan 2020

Tfue V. Faze Clan And Newly Created Players Associations: What Has Happened And How Will It Impact The Future Of Esports?, Chase Cripe

Marquette Sports Law Review

No abstract provided.


Who Knows The Difference Between Competitive Cheerleading, Sideline Cheerleading, Acrobatics And Tumbling? Why This Distinction Is So Important For Title Ix, Alexandra Zdunek Jan 2020

Who Knows The Difference Between Competitive Cheerleading, Sideline Cheerleading, Acrobatics And Tumbling? Why This Distinction Is So Important For Title Ix, Alexandra Zdunek

Marquette Sports Law Review

No abstract provided.


Not A Taboo Use Of Tattoos: Why Using Unauthorized Replicas Of Professional Athlete Tattoos In Video Games Constitutes Fair Use, John R. Faulkner Iii Jan 2020

Not A Taboo Use Of Tattoos: Why Using Unauthorized Replicas Of Professional Athlete Tattoos In Video Games Constitutes Fair Use, John R. Faulkner Iii

Marquette Sports Law Review

None


Stadium Development: Special Treatment From Special Legislation, Caleb Tomaszewski Jan 2020

Stadium Development: Special Treatment From Special Legislation, Caleb Tomaszewski

Marquette Sports Law Review

None


Three Strikes And You're Outta Here! Minor League Baseball Cities' Potential To Bring Unfair And Deceptive Trade Practice Claim In The Face Of Mlb Contraction, Michael Viverito Jan 2020

Three Strikes And You're Outta Here! Minor League Baseball Cities' Potential To Bring Unfair And Deceptive Trade Practice Claim In The Face Of Mlb Contraction, Michael Viverito

Marquette Sports Law Review

No abstract provided.