Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Marquette University Law School

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 661 - 690 of 6614

Full-Text Articles in Law

Humility In Criminal Justice: What It Might Invite Us To Reconsider, Dean A. Strang Jan 2017

Humility In Criminal Justice: What It Might Invite Us To Reconsider, Dean A. Strang

Marquette Law Review

Imagine how our system of criminal justice might look different if one value ascended in the system's hierarchy of values: humility. Day to day, in my work, I do not see much humility among police officers, defense lawyers, prosecutors, probation agents, and judges. This is noteworthy, given how unavoidability uncertain--or at least contestable or close--many of the outcomes in our trial and appellate courts are to an objective eye. Even when the basic facts on guilt are fairly certain, the right sentence often is not. I propose that humility is an essential value that, properly understood, is tied to liberty; …


Fiduciary Duties In The Wisconsin Close Corporation: Time To Set The Law Straight, Sara C. Mcnamara Jan 2017

Fiduciary Duties In The Wisconsin Close Corporation: Time To Set The Law Straight, Sara C. Mcnamara

Marquette Law Review

With the evolution of new and modified business entities in today's society, it is becoming increasingly difficult to determine when and what fiduciary duties arise. It has been well accepted for many years that partners owe each other fiduciary duties, and it has also been well accepted that shareholders in large, public corporations do not owe any fiduciary duties. However, an issues arises when determining what fiduciary duties are owed by shareholders of a closely held corporation. Although the closely held corporation is incorporated just like the public corporation, the stockholders in the closely held corporation often end up behaving …


Postmodern Free Expression: A Philosophical Rationale For The Digital Age, Stephen M. Feldman Jan 2017

Postmodern Free Expression: A Philosophical Rationale For The Digital Age, Stephen M. Feldman

Marquette Law Review

Three philosophical rationales--search-for-truth, self-governance, and self-fulfillment--have animated discussions of free expression for decades. Each rationale emerged and attained prominence in American jurisprudence in specific political and cultural circumstances. Moreover, each rationale shares a foundational commitment to the classical liberal (modernist) self. But the three traditional rationales are incompatible with our digital age. IN particular, the idea of the classical liberal self enjoying maximum liberty in a private sphere does not fit in the postmodern information society. The time for a new rationale has arrived. The same sociocultural conditions that undermine the traditional rationales suggest a self-emergence rationale built on the …


Private Or Public Right? Who Should Adjudicate Patentability Disputes And Is The Current Scheme Really Constitutional?, Jasmyne M. Baynard Jan 2017

Private Or Public Right? Who Should Adjudicate Patentability Disputes And Is The Current Scheme Really Constitutional?, Jasmyne M. Baynard

Marquette Intellectual Property Law Review

“The patent bargain is the foundation upon which the patent system is built: in exchange for protections for an invention, the inventor agrees to make public their inventions so that others may build upon it.” The patent bargain creates a presumption of protection for the inventors, yet categorizing the patent a public right or a private right has diminished expectations for inventors and confusion for the masses. On October 11, 2016, the Supreme Court denied two petitions for writ of certiorari that challenged the constitutionality of Patent Trial and Review Board proceedings on the basis of the patent owner’s Seventh …


Table Of Contents Jan 2017

Table Of Contents

Marquette Sports Law Review

None


The Curious Case Of The Bradley Center, Matthew J. Parlow Jan 2017

The Curious Case Of The Bradley Center, Matthew J. Parlow

Marquette Sports Law Review

None


Daily Fantasy Sports And The Presidential Debate, Walter T. Champion Jr., I. Nelson Rose Jan 2017

Daily Fantasy Sports And The Presidential Debate, Walter T. Champion Jr., I. Nelson Rose

Marquette Sports Law Review

None


Major League Soccer's Exceptionalism In Fifa's Transfer System: For How Much Longer?, Remo Decurtins Jan 2017

Major League Soccer's Exceptionalism In Fifa's Transfer System: For How Much Longer?, Remo Decurtins

Marquette Sports Law Review

None


The Impact Of Teacher Collective Bargaining Agreements On High School Coaches, Harvey M. Shrage, Curt Hamakawa Jan 2017

The Impact Of Teacher Collective Bargaining Agreements On High School Coaches, Harvey M. Shrage, Curt Hamakawa

Marquette Sports Law Review

None


The Limitation Of Labor Preemption: Survivability Of Contract Rights During Employer Lockouts, Andrew F. Gann, Jr. Jan 2017

The Limitation Of Labor Preemption: Survivability Of Contract Rights During Employer Lockouts, Andrew F. Gann, Jr.

Marquette Sports Law Review

None


The Calm Before The (Court) Storm: Potential Fan Liability And The Ncaa's Necessary Response, Joshua D. Winneker, Sam C. Ehrlich Jan 2017

The Calm Before The (Court) Storm: Potential Fan Liability And The Ncaa's Necessary Response, Joshua D. Winneker, Sam C. Ehrlich

Marquette Sports Law Review

None


Undressing The Locker Room Issue: Applying Title Ix To The Legal Battle Over Locker Room Equality For Transgender Student-Athletes, Meghan M. Pirics Jan 2017

Undressing The Locker Room Issue: Applying Title Ix To The Legal Battle Over Locker Room Equality For Transgender Student-Athletes, Meghan M. Pirics

Marquette Sports Law Review

None


Arrr... Whose Booty, Mates? Who Possesses Legal Title To A Home Run Baseball That Lands Outside A Stadium's Confines?, Michael R. Gavin Jan 2017

Arrr... Whose Booty, Mates? Who Possesses Legal Title To A Home Run Baseball That Lands Outside A Stadium's Confines?, Michael R. Gavin

Marquette Sports Law Review

None


Mitchell's Story: A Cautionary Tale Of Underlying Cardiovascular Disease And The Call For Increased Pre-Participation Sports Physicals At The Intercollegiate Level, Jessica M. Goldstein Jan 2017

Mitchell's Story: A Cautionary Tale Of Underlying Cardiovascular Disease And The Call For Increased Pre-Participation Sports Physicals At The Intercollegiate Level, Jessica M. Goldstein

Marquette Sports Law Review

None


The Waiting Game: Examining Labor Law And Reasons Why The Wnba Needs To Change Its Age/Education Policy, Jessica L. Hendrick Jan 2017

The Waiting Game: Examining Labor Law And Reasons Why The Wnba Needs To Change Its Age/Education Policy, Jessica L. Hendrick

Marquette Sports Law Review

None


Index: Sports Law In Law Reviews And Journals, Katelynn Hill Jan 2017

Index: Sports Law In Law Reviews And Journals, Katelynn Hill

Marquette Sports Law Review

None


Table Of Contents Jan 2017

Table Of Contents

Marquette Sports Law Review

No abstract provided.


Mixed Martial Artists: Challenges To Unionization, Genevieve F.E. Birren, Tyler J. Schmitt Jan 2017

Mixed Martial Artists: Challenges To Unionization, Genevieve F.E. Birren, Tyler J. Schmitt

Marquette Sports Law Review

None


Not Everyone Qualifies: A Comparative Look At Antitrust Law And Nascar's Charter System, Tyler M. Helsel Jan 2017

Not Everyone Qualifies: A Comparative Look At Antitrust Law And Nascar's Charter System, Tyler M. Helsel

Marquette Sports Law Review

None


Legal And Ethical Implications Of Athletes' Biometric Data Collection In Professional Sport, Barbara Osborne, Jennie L. Cunningham Jan 2017

Legal And Ethical Implications Of Athletes' Biometric Data Collection In Professional Sport, Barbara Osborne, Jennie L. Cunningham

Marquette Sports Law Review

None


Pyrrhic Victory: Tax Increment Financing, "But For," And Developer Capture In The Dallas Arena District, Robert Sroka Jan 2017

Pyrrhic Victory: Tax Increment Financing, "But For," And Developer Capture In The Dallas Arena District, Robert Sroka

Marquette Sports Law Review

None


Index: Sports Law In Law Reviews And Journals, Daniel Macmillan Jan 2017

Index: Sports Law In Law Reviews And Journals, Daniel Macmillan

Marquette Sports Law Review

None


2015 & 2016 Annual Surveys: Recent Developments In Sports Law, Katelynn Hill Jan 2017

2015 & 2016 Annual Surveys: Recent Developments In Sports Law, Katelynn Hill

Marquette Sports Law Review

None


The International Right To Sport For People With Disabilities, Maureen A. Weston Jan 2017

The International Right To Sport For People With Disabilities, Maureen A. Weston

Marquette Sports Law Review

None


Utah And Sports Law, Adam Epstein Jan 2017

Utah And Sports Law, Adam Epstein

Marquette Sports Law Review

None


Guilty By A Nose: The Queen V. Riesberry And The Criminalization Of Racehorse Doping In Canada, Brian Manarin, Reem Zaia Jan 2017

Guilty By A Nose: The Queen V. Riesberry And The Criminalization Of Racehorse Doping In Canada, Brian Manarin, Reem Zaia

Marquette Sports Law Review

None


Table Of Contents Jan 2017

Table Of Contents

Marquette Benefits and Social Welfare Law Review

No abstract provided.


Introduction: Four Views On Healthism Jan 2017

Introduction: Four Views On Healthism

Marquette Benefits and Social Welfare Law Review

None


Table Of Contents Jan 2017

Table Of Contents

Marquette Law Review

None


12 Angry Men V. The Agency: Why Preemption Should Resolve This Conflict In Drug Labeling Litigation, Michelle L. Richards Jan 2017

12 Angry Men V. The Agency: Why Preemption Should Resolve This Conflict In Drug Labeling Litigation, Michelle L. Richards

Marquette Law Review

The Supreme Court has found in favor of preemption in tort liability cases involving matters of heavy federal regulation in which Congress has delegated implementation of a statute involving technical subject matter to the agency. It has not been the case, however, in matters concerning the labeling of prescription drugs, despite the fact that the FDA has exclusively regulated drug labeling for more than a century. In fact, the current state of affairs now allows a jury to substitute the judgment of the FDA in approving a label on a name-brand drug for their own in state law failure to …