Law Commons^™

Imprisonment Inertia And Public Attitudes Toward "Truth In Sentencing", Michael M. O'Hear, Darren Wheelock

Faculty Publications

In the space of a few short years in the 1990s, forty-two states adopted truth in sentencing (“TIS”) laws, which eliminated or greatly curtailed opportunities for criminal defendants to obtain parole release from prison. In the following decade, the pendulum seemingly swung in the opposite direction, with thirty-six states adopting new early release opportunities for prisoners. However, few of these initiatives had much impact, and prison populations continued to rise. The TIS ideal remained strong. In the hope of developing a better understanding of these trends and of the prospects for more robust early release reforms in the future, the …

Justice Reinvestment And The State Of State Sentencing Reform, Michael M. O'Hear

Faculty Publications

The national Justice Reinvestment Initiative has arguably been the most important development in American sentencing policy in the past decade. This essay introduces an issue of the Federal Sentencing Reporter that focuses on the JRI. The essay highlights both strengths and weaknesses of the JRI, particularly from the standpoint of reducing mass incarceration in the United States.

The Communistic Inclinations Of Sir Thomas More, David Ray Papke

Faculty Publications

No abstract provided.

How Cosmopolitan Are International Law Professors?, Ryan M. Scoville, Milan Markovic

Faculty Publications

This Article offers an empirical answer to a question of interest among scholars of comparative international law: why do American views about international law appear at times to differ from those of other countries? The authors contend that part of the answer lies in legal education. Conducting a survey of the educational and professional backgrounds of nearly 150 legal academics, the authors reveal evidence that professors of international law in the United States often lack significant foreign legal experience, particularly outside of the West. Sociological research suggests that this tendency leads professors to teach international law from predominantly nationalistic and …

Persuading With Precedent: Understanding And Improving Analogies In Legal Argument, Jacob M. Carpenter

Faculty Publications

When writing persuasive briefs, attorneys use comparisons — metaphors or case-based analogies — to help explain their analyses and support their positions. But attorneys use the two types of comparisons for very different purposes. Several legal scholars have explored how attorneys use metaphors in their legal writing. While the existing scholarship on legal metaphors is excellent, it is not sufficient to properly understand how to best draft case-based analogies. Unfortunately, case-based analogies have been surprisingly understudied despite their critical role in persuasive legal briefs. Not surprisingly, many attorneys are unaware of how far short their analogies fall from reaching their …

Public Attitudes Toward Punishment, Rehabilitation, And Reform: Lessons From The Marquette Law School Poll, Michael M. O'Hear, Darren Wheelock

Faculty Publications

Since the late 1990s, many opinion surveys have suggested that the American public may be growing somewhat less punitive and more open to reforms that emphasize rehabilitation over incarceration. In order to assess current attitudes toward punishment, rehabilitation, and the criminal justice system, we collected survey data of 804 registered voters in Wisconsin. Among other notable results, we found strong support for rehabilitation and for the early release of prisoners who no longer pose a threat to public safety. However, we also found significant divisions in public opinion. For instance, while black and white respondents largely shared the same priorities …

Socializing The Subject Of Criminal Law? Criminal Responsibility And The Purposes Of Criminalization, Nicola Lacey

Marquette Law Review

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On Commercial—And Corporate—Speech, Jonathan Weinberg

Marquette Law Review

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Liberalism’S Fine Print: Boilerplate’S Allusion To Human Nature, Kenneth K. Ching

Marquette Law Review

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Issues Arising Upon The Death Of The Sole Member Of A Single-Member Llc, F. Philip Manns Jr., Timothy M. Todd

Marquette Law Review

Sole entrepreneurs overwhelmingly choose the single-member limited liability company (SMLLC) as the business entity for their operations. Consequently, simplicity of formation and operation of SMLLCs is highly desirable, both to facilitate entrepreneurship and to acknowledge that costs, lack of knowledge, bad advice, or a combination of them very often will cause sole entrepreneurs to forego professionally drafted documents and accept default SMLLC rules in the jurisdiction of formation.

The death of the sole member is always an anticipated, indeed inevitable, occurrence, so one would expect that the default statutory rules and the widely available forms for SMLLCs would address this …

What If?: Human Experience And Supreme Court Decision Making On Criminal Justice, Christopher E. Smith

Marquette Law Review

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Regulating The U.S. Treasury Market, Jerry W. Markham

Marquette Law Review

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Applying The U.S. Constitution To Foreign Asylum Seekers: Exposing A Curious, Inconsistent Practice In The Federal Courts, Shalini Bhargava Ray

Marquette Law Review

Asylum law is based on an international treaty, but federal courts routinely invoke U.S. constitutional norms in adjudicating asylum claims. Specifically, they rely on constitutional norms when gauging whether an asylum applicant has suffered harm amounting to “persecution” and whether the harm was inflicted “on account of” a protected characteristic, such as political opinion or religion. In a close analysis of this unusual practice, this Article argues that federal courts have come to inconsistent, and often incompatible, conclusions regarding the use of constitutional norms in the analysis of asylum claims: principally, on whether constitutional norms establish sufficient, insufficient, necessary, or …

A Critical Assessment Of The Model Standards Of Conduct For Mediators (2005): Call For Reform, Omer Shapira

Marquette Law Review

Over the years, commentators have raised concerns about some aspects of the Model Standards, for example, their failure to adequately guide mediators in situations of competing values, and the vagueness of their substantive provisions. No work to date has exposed the Model Standards to a systematic and comprehensive assessment, which is necessary for an evaluation of their adequacy as a coherent statement of the fundamental ethical guidelines for mediators, and for the development of a viable alternative to them. Ten years after the adoption of the revised Model Standards in 2005, this Article comes to fill the gap in the …

The Necessary Narrowing Of General Personal Jurisdiction, William Grayson Lambert

Marquette Law Review

General personal jurisdiction allows a court to issue a binding judgment against a defendant in any case, even if the facts giving rise to the case are unrelated to that forum. In the six decades after International Shoe v. Washington, courts held that general jurisdiction existed whenever a defendant had substantial continuous and systemic contacts with the forum. This rule was narrowed significantly in 2011, however, when the Supreme Court in Goodyear Dunlop Tires Operations, S.A. v. Brown held that general jurisdiction was properly exercised only when a defendant had sufficient contacts to be “at home” in the forum.

Who Wins In The Supreme Court? An Examination Of Attorney And Law Firm Influence, Adam Feldman

Marquette Law Review

Who are the most successful attorneys in the Supreme Court? A novel way to answer this question is by looking at attorneys’ relative influence on the course of the law. This article performs macro and micro-level analyses of the most successful Supreme Court litigators by examining the amount of language shared between nearly 9,500 Supreme Court merits briefs and their respective Supreme Court opinions from 1946 through 2013. The article also includes analyses of the most successful law firms according to the same metric.

Brandeis: The Legacy Of A Justice, Joel K. Goldstein, Charles A. Miller

Marquette Law Review

One hundred years after his appointment, Justice Louis D. Brandeis remains a distinctive and unusually influential figure in the history of the Supreme Court. Unlike many other great justices, Brandeis is not remembered for his majority opinions. Rather, what is distinctive about him is the extent to which so many of his dissents and concurring opinions continue to influence justices more than 75 years after he retired and a century after he joined the Court. Whereas justices cite majority opinions for their value as legal precedents, they invoke the dissents and concurrences of a retired justice due to the power …

The Extraterritoriality Doctrine Of The Dormant Commerce Clause Is Not Dead, Susan Lorde Martin

Marquette Law Review

In 1895, the New York Court of Appeals, in refusing to enforce a Kansas statute, referred to “a principle of universal application, recognized in all civilized states, that the statutes of one state have . . . no force or effect in another.” In 1897, the Court of Appeals of Kentucky noted that “[t]he statute of another state has, of course, no extraterritorial force.” That old notion describes the extraterritoriality doctrine of the dormant Commerce Clause. In recent years, the doctrine has become problematic for several reasons. One, the line between intrastate and interstate business has become blurred with many …

Can We Forgive Those Who Batter? Proposing An End To The Collateral Consequences Of Civil Domestic Violence Cases, Joann Sahl

Marquette Law Review

Domestic violence is the most common tort committed in our country, involving nearly 1.3 million victims. When a domestic violence incident occurs, the press regularly reports it. Highlighted in these articles is the name of the perpetrator. Perpetrators identified as committing an act of domestic violence face public outrage, contempt, and stigma. This is particularly true if a court determines that the act of domestic violence necessitates a civil protection order (CPO) that bars the perpetrator from having any contact with the victim. Nearly 1.2 million people receive a CPO each year. More people use this civil remedy than those …

Diversions From The Great Lakes: Out Of The Watershed And In Contravention Of The Compact, Christina L. Wabiszewski

Marquette Law Review

Alarmingly, in the next fifty years the United States will face not just drought, but complete dissemination of readily accessible water resources in areas ranging from its breadbaskets to its commercial and financial epicenters. As these lakes, reservoirs, wells, and aquifers drain, the communities that depend upon them will seek alternative and further-reaching water sources into which they can dip their proverbial straws. The most alluring and perhaps the most vital of these sources are the Great Lakes. In recognition that such straws may descend and that “Future Diversions and Consumptive Uses of Basin Water resources have the potential to …

Colder Than A Landlord's Heart? Reconciling A Debtor's Authority To Sell Property Free And Clear Of A Lease Under Bankruptcy Code Section 363(F) With The Tenant's Right To Remain In Possession On A Lease Rejection Under Bankruptcy Code Section 365(H), Bruce Grohsgal

Marquette Law Review

The question examined in this Article is a simple one—Can a tenant with a right to possession under section 365(h) of the Bankruptcy Code be ousted from possession by a free and clear sale of the real property by the debtor-landlord pursuant to section 363(f) of the Bankruptcy Code? The Seventh Circuit, the only court of appeals to have considered the issue, said “yes” in Precision Industries, Inc. v. Qualitech Steel SBQ, LLC and authorized a sale free and clear of the lease and the tenant’s right to remain in possession. Subsequent decisions from the district and bankruptcy courts are …

A Study On Immigrant Activism, Secure Communities, And Rawlsian Civil Disobedience, Karen J. Pita Loor

Marquette Law Review

This Article explores the immigrant acts of protest during the Obama presidency in opposition to the Secure Communities (SCOMM) immigration enforcement program through the lens of philosopher John Rawls’ theory of civil disobedience and posits that this immigrant resistance contributed to that administration’s dismantling the federal program by progressively moving localities, and eventually whole states, to cease cooperation with SCOMM. The controversial SCOMM program is one of the most powerful tools of immigration enforcement in the new millennium because it transforms any contact with state and local law enforcement into a potential immigration investigation. SCOMM has now been revived through …

Table Of Contents

Marquette Sports Law Review

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Foreword, Jill K. Ingels

Marquette Sports Law Review

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The Relationship Between A Collegiate Student-Athlete And The University: An Historical And Legal Perspective, Adam Epstein, Paul M. Anderson

Marquette Sports Law Review

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Neither Employees Nor Indentured Servants: A New Amateurism For A New Millennium In College Sports, Brian L. Porto

Marquette Sports Law Review

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Addressing The Current Crisis In Ncaa Athletics: Where Is Congress?, Thomas J. Horton, Drew Degroot, Tyler Custis

Marquette Sports Law Review

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The Ninth Circuit Decision In O'Bannon And The Fallacy Of Fragile Demand, Andy Schwarz, Richard J. Volante

Marquette Sports Law Review

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The Demand For Student-Athlete Labor And The Supply Of Violations In The Ncaa, Jill S. Harris

Marquette Sports Law Review

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Let's Give It Arrest: Why The Ncaa Should Adopt A Uniform Disciplinary Policy, Michael Kessler

Marquette Sports Law Review

No abstract provided.