Law Commons^™

Paying Ncaa Athletes, David J. Berri

Marquette Sports Law Review

None

Institutional Racism In The Ncaa And The Racial Implications Of The "2.3 Or Take A Knee" Legislation, Akuoma C. Nwadike, Ashley R. Baker, Velina B. Brackebusch, Billy J. Hawkins

Marquette Sports Law Review

None

A Sporting Chance: Biediger V. Quinnipiac University And What Constitutes A Sport For Purposes Of Title Ix, James J. Hefferan, Jr.

Marquette Sports Law Review

None

Second Generation Gender Bias In College Coaching: Can The Law Reach That Far?, Pamela Bass

Marquette Sports Law Review

None

College Athletic Departments As Media Organizations And The Regulation Of Content: Issues For The Digital Age, Stephen W. Dittmore

Marquette Sports Law Review

None

Athletic Directors, Martin J. Greenberg, Alexander W. Evrard

Marquette Sports Law Review

None

Work, Play, Tweet: Public University Regulation Of Employed Student-Athlete Social Media Use, Darius Love

Marquette Sports Law Review

None

Blacklisted: Safe Sport's Disciplinary Policy Restrains A Coach's Livelihood, Daniel Fiorenza

Marquette Sports Law Review

No abstract provided.

Fair Use Of Foul Balls: Major League Baseball Advanced Media And Its Counterproductive Takedown Notices To Fans, Andrew Rissler

Marquette Sports Law Review

No abstract provided.

Amenability Of Indian Domestic Sports Governing Bodies To Judicial Review, Satchit Bhogle

Marquette Sports Law Review

No abstract provided.

Pari-Mutuels: What Do They Mean And What Is At Stake In The 21st Century?, Bennett Liebman

Marquette Sports Law Review

No abstract provided.

Book Review: Baseball And The Law: Cases And Materials, Russ Versteeg

Marquette Sports Law Review

No abstract provided.

Sports Law In Law Reviews And Journals, Katelynn Hill

Marquette Sports Law Review

No abstract provided.

Do Not Pass Go And Do Not Collect $200: Nike's Monopoly On Usatf Violates Antitrust Laws And Prevents Athletes From Living At Park Place, Jill K. Ingels

Marquette Sports Law Review

No abstract provided.

Ambush Marketing: Is It Deceitful Or A Probable Strategic Tactic In The Olympic Games?, Katelynn Hill

Marquette Sports Law Review

No abstract provided.

The Jocks And The Justice: How Sotomayor Restrained College Athletes, Phillip J. Closius

Marquette Sports Law Review

None

From Board Of Regents To O'Bannon: How Antitrust And Media Rights Have Influenced College Football, Thomas A. Baker Iii, Natasha T. Brison

Marquette Sports Law Review

None

Hey, College Sports. Compromise On Compensation And You Can Have A Legal Monopoly, Todd A. Mcfall

Marquette Sports Law Review

None

Are Institutions Of Higher Education Failing To Protect Students?: An Analysis Of Title Ix's Sexual Violence Protections And College Athletics, Anita M. Moorman, Barbara Osborne

Marquette Sports Law Review

None

Index: Sports Law In Law Reviews And Journals, Sean P. Mccarthy, Emily K. Hartsinck

Marquette Sports Law Review

None

Philippine Sports Torts: Adopting A Standard Of Care For Sports Competitions And Establishing Vicarious Liability For Professional Coaches, Ignatius Michael D. Ingles

Marquette Sports Law Review

No abstract provided.

A Uniform Application Of The Jock Tax: The Need For Congressional Action, Nick Overbay

Marquette Sports Law Review

No abstract provided.

The Unintended Pregnancy Crisis: A No-Fault Fix, Eric Lindenfeld

Marquette Benefits and Social Welfare Law Review

There is an ongoing and concerning public health problem in the United States relating to unintended pregnancies. Despite the fact that women consistently express dissatisfaction with existing contraception methods, the availability of cutting edge technologies remains stagnant. This paper argues that the threat of liability in the form on product liability lawsuits dissuades contraceptive manufacturers from innovating. This paper proposes a no-fault fix to the problem modeled around the National Childhood Vaccine Act of 1986.

Allowing States To Help Workers Safe For Retirement: Department Of Labor's Proposed Rulemaking That Provides A Safe Harbor For State Savings Programs Under Erisa, William A. Nelson

Marquette Benefits and Social Welfare Law Review

There is a “retirement crisis” in America. Contributing to

this crisis is the fact that millions of Americans do not have

access to a retirement savings plan through their employers.

States, concerned with the economic stability of their citizens,

have created laws that require private sector employers to

implement state-administered payroll deduction IRA programs

in their workplaces. Even though many states are currently

debating whether to adopt state payroll deduction programs,

this Article will focus on Oregon, Illinois, and California, which

have enacted laws along those lines.

One obstruction to wider adoption of such state measures

has been uncertainty about …

Essay: Understanding Employment Discrimination Litigation In China Through The Notion Of "Rights Apathy", Sheera Chan, Mimi Zou

Marquette Benefits and Social Welfare Law Review

The psycho-legal concept of “rights apathy” is developed in

this Essay as an underlying factor of the very low rate of

incidence of workplace discrimination lawsuits filed in China,

despite an increasingly elaborate legal framework “on paper”

and workers’ rising awareness of their legal rights under

anti-discrimination laws. “Rights apathy” is underpinned by the

notions of “frustration” and “learned helplessness,” depicting the

indifference of workers in exercising their legal rights before a

tribunal or court. A number of institutional problems, namely

defects in existing anti-discrimination provisions, judicial

practices, and contradictions in other laws, policies, and

practices, can contribute to the …

Comment: Transgender Employment Discrimination Equality In Wisconsin: The Demise Of A Former Lgbtiq+ Rights Trailblazer, Alexandra A. Klimko

Marquette Benefits and Social Welfare Law Review

Wisconsin, once known as “The Gay Rights State” and a

pioneer of the LGBTIQ+ civil rights movement, has

disappointingly failed to create transgender-inclusive

employment discrimination legislation, much like the majority of

American states. As a result, Wisconsin transgender employees

face shocking workplace discrimination with saddening

repercussions felt by transgender individuals who call Wisconsin

home. This Comment identifies the federal, state, and city

approaches that have extended equal employment

discrimination legal protections to transgender workers in the

United States. Further, this Comment urges the Wisconsin

legislature to incorporate “gender identity or expression” to

Wisconsin’s Fair Employment Act as a non-discrimination

category, …

The Original Understanding Of "Property" In The Constitution, Paul J. Larkin Jr.

Marquette Law Review

Contemporary Supreme Court jurisprudence treats “property” as far less deserving of judicial protection than “life” or “liberty.” The Supreme Court, however, has misread American legal history. Anglo-American traditions, customs, and law held that property was an essential ingredient of the liberty that the Colonists had come to enjoy and must be protected against arbitrary governmental interference. The Framers’ generation believed that “property” and “liberty” were equally important institutions and that neither one could exist without the other. The Framers venerated property as a means of guaranteeing personal independence because (among other things) the concept of “property” embraced the legal rights …

What's Fear Got To Do With It?: The "Armed And Dangerous" Requirement Of Terry, Gerald S. Reamey

Marquette Law Review

Rarely has a court’s opinion, even one from the Supreme Court of the United States, so altered existing notions of constitutional criminal procedure law as did the opinion in Terry v. Ohio. On several levels, the opinion dramatically shifted the way in which the Fourth Amendment was understood. Law students who had learned about the probable cause “requirement” and the warrant “requirement” were surprised to learn, especially in the case of the former, that these “requirements” were not required at all. To continue to conceptualize the Fourth Amendment’s single sentence guarantees as consisting of a “warrant clause” and a “reasonableness” …

Serious Juvenile Offenders: The Need For A Third Sentencing Option In Wisconsin, Danielle S. Snyder

Marquette Law Review

In light of the “Slenderman” trial, it has become abundantly clear that a gap exists between the sentencing options available for “Class A” juvenile offenders and “Class B” juvenile offenders. This Comment proposes an expanded sentencing option for “Class B” serious juvenile offenders under the Juvenile Justice Code to allow those “Class B” serious juvenile offenders the benefit of extended supervision in the Serious Juvenile Offender Program as is available to “Class A” serious juvenile offenders currently. This expansion aims to alleviate the concern that certain “Class B” serious juvenile offenders must remain under original adult court jurisdiction in order …

Emergent Works, Bruce E. Boyden

Faculty Publications

We are on the cusp of a significant transformation in how creative works are produced. Automated programs can now generate music, write poetry, pen news reports, create videos, and more. These computer-generated works pose a problem for copyright law, which has only rarely had to address a situation in which creative elements are produced without conscious decisions. The question of who authors such works, and thus has the initial rights to them, will become more pressing as computer programs not only improve their artistic mimicry, but become commercially successful at doing so.

In this Essay I draw three conclusions. First, …