Law Commons^™

Man Up Or Go Home: Exploring Perceptions Of Women In Leadership, Abigail Perdue

Marquette Law Review

Throughout history, women in positions of authority have often been perceived as violating well-established gender norms. Perhaps as a result, female leadership has often been viewed as a threat to male power and privilege and thus provoked resistance. Female leaders challenge longstanding sex stereotypes and patriarchal structures, subverting the identities of androcentric institutions and the people who comprise them. In so doing, they redefine notions of what it means to be a leader as well as what it means to be a woman. Cisgender male subordinates in particular may feel that their masculinity is under assault when they are placed …

Wisconsin Law In The Age Of Individualism, Joseph A. Ranney

Marquette Law Review

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Time To Act: Correcting The Inadequacy Of Youth Concussion Legislation Through A Federal Act, Lance K. Spaude

Marquette Law Review

Concussions in sports are inevitable. Although an increased focus on concussions in youth sports has improved understandings, the prevalence of concussions in youth sports, the health and safety dangers they pose, and the legal liability they create are still relative unknowns. Despite remaining unknowns, a greater understanding of the long-term effects of concussions and the increased dangers in head impacts in youth athletics in recent years has resulted in lawsuits against the youth coaches, schools, and state athletic associations for athlete injuries suffered as a result of repetitive head trauma and concussions.

This Comment focuses on the need for federal …

Coercive Insurance And The Soul Of Tort Law, Alexander Lemann

Faculty Publications

Scholars have long accepted the idea that there are alternatives to the tort system, particularly insurance, that are better at compensating victims than tort law. Tort law remains necessary, it has been assumed, because insurance lacks the ability to deter conduct that causes harm, and indeed it sometimes creates a moral hazard that increases incentives to engage in risky conduct. Scholars of insurance law, however, have observed that insurance has at its disposal a variety of tools that can help deter risky conduct. Recent technological developments lend dramatic support to this account. New telematics devices being used in automobiles can …

Binding Authority: Unamendability In The United States Constitution—A Textual And Historical Analysis, George Mader

Marquette Law Review

We think of constitutional provisions as having contingent permanence—they are effective today and, barring amendment, tomorrow and the day after and so on until superseded by amendment. Once superseded, a provision is void. But are there exceptions to this default state of contingent permanence? Are there any provisions in the current United States Constitution that cannot be superseded by amendment—that are unamendable? And could a future amendment make itself or some portion of the existing Constitution unamendable?

Commentators investigating limits on constitutional amendment frequently focus on limits imposed by natural law, the democratic underpinnings of our nation, or some other …

Resolving Conflicts Over Scarce Resources: Private Versus Shared Ownership, W.C. Bunting

Marquette Law Review

This Article models private ownership as a conflict resolution mechanism and contends that for the Coase Theorem, as narrowly defined in this Article, to be consistent, private ownership must yield the Pareto- optimal use of scarce resources among all feasible conflict resolution mechanisms. Conflict over a scarce resource may be better resolved, however, by eliminating the possibility of private ownership and “forcing” disputing parties to share ownership of the contested resource. A corollary to the Coase Theorem is introduced which states: In the absence of transaction costs, the distribution of private and shared ownership is efficient. Further, assuming transaction costs …

Conservation Easements As A Way To Preserve Wisconsin’S Farmland: Why Wisconsin Should Adopt A Transferable Tax Credit Program, Jennifer E. Krueger

Marquette Law Review

Conservation easements are a tool landowners can use to protect their land and preserve it for generations to come. Given the new emphasis society places on preserving the environment, many states have enacted some form of a conservation easement program where landowners who encumber their property with a conservation easement can receive a benefit for doing so. Wisconsin and Virginia are two states with this type of program. Wisconsin’s conservation easement program allows a landowner to donate his land and the state pays him the difference in the market value. Virginia’s program, on the other hand, allows a landowner to …

All's Fair In Copyright And Costumes: Fair Use Defense To Copyright Infringement In Cosplay, Molly Rose Madonia

Marquette Intellectual Property Law Review

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Table Of Contents

Marquette Intellectual Property Law Review

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Skating On Thin Ice: The Intellectual Property Ramifications Of A Figure Skater's Public Performance, Vanessa E. Richmond

Marquette Intellectual Property Law Review

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Under Seal But Not Under Law: In Re City Of Houston's Effect On Municipal Insignias, Tyler M. Helsel

Marquette Intellectual Property Law Review

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Table Of Contents

Marquette Intellectual Property Law Review

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The Case For Incentivizing Healthy Food By Using Patents, Enrico Bonadio

Marquette Intellectual Property Law Review

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Collegiate Athletes And The Right To Their Marks, Joseph E. Clemente

Marquette Intellectual Property Law Review

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Eu Directive Proposal: Trade Secret, Natalja Sosnova

Marquette Intellectual Property Law Review

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Iheartgeo-Fencing?: The Section 114 Exemption That Illustrates Why Full Sound Recording Rights Are The Sine Qua Non For A Vibrant Music Industry, Bradley Ryba

Marquette Intellectual Property Law Review

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In Pursuit Of Patent Quality (And Reflection Of Reification), Kenneth L. Port, Lucas M. Hjelle, Molly Littman

Marquette Intellectual Property Law Review

None

Punitive Damage And Attorney Fee Awards In Trade Secret Cases, Richard F. Dole Jr.

Marquette Intellectual Property Law Review

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Myriad: A Look Into The Future Of Genetic Patentable Subject Matter, Nathan Edward Cromer

Marquette Intellectual Property Law Review

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The Commercial Felony Streaming Act: The Call For Expansion Of Criminal Copyright Infringement, Jeff Yostanto

Marquette Intellectual Property Law Review

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Test Data Protection: Different Approaches And Implementation In Pharmaceuticals, Wael Armouti, Mohammad F. A. Nsour

Marquette Intellectual Property Law Review

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Semicommons In Fluid Resources, Henry E. Smith

Marquette Intellectual Property Law Review

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A Fake Right Of Priority Under The Cross-Strait Agreement On Intellectual Property Right Protection And Cooperation, Ping-Hsun Chen

Marquette Intellectual Property Law Review

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Worse Than Pirates Or Prussian Chancellors: A State's Authority To Opt-Out Of The Quid Pro Quo, Michael C. Duff

Marquette Benefits and Social Welfare Law Review

Privatization of public law dispute resolution in workplaces has been under intense scrutiny in the context of arbitration. Another kind of workplace dispute privatization is presently underway, or under serious consideration, in several states. In connection with state workers’ compensation statutes, one state has implemented, and others are considering, a dispute resolution model in which employers are explicitly authorized to “opt out” of coverage. “Alternative benefit plans,” created under such statutes, permit employers to, among other things, unilaterally and without limitation designate private fact-finders, whose conclusions are subject to highly deferential judicial review. This model is arbitration on steroids. While …

High Prices In The U.S. For Life-Saving Drugs: Collective Bargaining Through Tort Law?, Paul J. Zwier

Marquette Benefits and Social Welfare Law Review

Sudden exorbitant price hikes to patients who have long taken life-saving drugs are more and more common in today’s pharmaceutical market. The anxiety caused to patients who have been prescribed these drugs by their doctors is predictable and severe. Even when initially covered by insurance or through government programs, patients and their families can soon be made destitute by the high copays or caps on payments. This Essay argues that those who buy up life-saving drugs and decide to raise their prices, despite their knowledge of the consequences to patients, are committing the torts of intentional infliction of emotional distress …

Protective Plan Provisions For Employer-Sponsored Employee Benefit Plans, Kathryn J. Kennedy

Marquette Benefits and Social Welfare Law Review

Federal case law has provided plan sponsors of the

Employee Retirement Income Security Act of 1974 (ERISA)

covered plans with the ability to insert plan provisions that are

more favorable to the plan sponsor rather than the plan

participant or beneficiary (so-called “protective plan provisions”).

This Article first examines what is the “plan document” for

purposes of ERISA and what protective plan provisions should

be considered for insertion into the plan document and its

related “instruments.”

Table Of Contents

Marquette Sports Law Review

No abstract provided.

A Time To Fly And A Time To Die: Suicide Tourism And Assisted Dying In Australia Considered, Hadeel Al-Alosi

Marquette Benefits and Social Welfare Law Review

In the United Kingdom, a series of high-profile court cases have led the Director of Public Prosecutions to publish a policy clarifying the exercise of its discretion in assisted suicide. Importantly, the experience in the United Kingdom serves as a timely reminder that Australia too should formulate its own guidelines that detail how prosecutorial discretion will be exercised in cases of assisted suicide. This is especially significant given the fact that many Australian citizens are traveling to jurisdictions where assistance in dying is legal. However, any policy should not distract from addressing law reform on voluntary euthanasia. Australian legislators should …

Finding Customary International Law, Ryan M. Scoville

Faculty Publications

Established doctrine holds that customary international law (“CIL”) arises from general and consistent state practice that is backed by a sense of legal obligation. Contemporary litigation requires federal courts to apply this doctrine to identify the contours of CIL in a diverse collection of cases ranging from civil actions under the Alien Tort Statute to criminal prosecutions under the Maritime Drug Law Enforcement Act. This Article provides an in-depth look at how federal judges carry out this task. Conducting a citation analysis of opinions published since the U.S. Supreme Court’s 2004 decision in Sosa v. Alvarez-Machain, this Article analyzes …

Prior Inconsistent Statements: The Simple Virtues Of The Original Federal Rule, Daniel D. Blinka

Faculty Publications

How well do hearsay rules function under the current Federal Rules of Evidence? One issue, dormant yet pulsating beneath the surface for decades, involves the admissibility of prior inconsistent statements by witnesses. The long-standing “orthodox” rule admitted the prior statement only to impeach the witness’s trial testimony; it could not be used as substantive evidence of the facts asserted. In 1972, the Advisory Committee on the Federal Rules of Evidence (“the Advisory Committee” or “the Committee”) proposed an innovative rule permitting all prior inconsistent statements to be used both for impeachment and as substantive evidence—a sea change in practice. Congress, …