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Articles 811 - 840 of 6614
Full-Text Articles in Law
Interim Payments And Economic Damages To Compensate Private-Party Victims Of Hazardous Releases, Julie E. Steiner
Interim Payments And Economic Damages To Compensate Private-Party Victims Of Hazardous Releases, Julie E. Steiner
Marquette Law Review
There is a gap in tort recovery for many hazardous release victims. Hazardous spill victims receive different damage compensation based solely upon the type of hazardous substance released, with oil spill victims benefitting from a number of statutory damage recovery mechanisms that victims of other type of hazardous substance releases do not receive. Specifically, those injured by oil spills receive interim payments and recover for their economic loss. Yet, many victims injured by non-oil hazardous spills will incur economic harm but will not receive compensation because of a prohibition on recovery for economic loss absent accompanying physical injury or private …
Picking Up The Remnants Post-Waller: Properly Limiting The Scope Of Uneconomic Remnant Claims In Wisconsin Eminent Domain Proceedings, Samuel A. Magnuson
Picking Up The Remnants Post-Waller: Properly Limiting The Scope Of Uneconomic Remnant Claims In Wisconsin Eminent Domain Proceedings, Samuel A. Magnuson
Marquette Law Review
Statutory interpretation often requires a court to review the legislative intent behind the statute. However, this task is not always easily undertaken when the intent of the legislature is itself unclear. A recent Wisconsin Supreme Court case illustrates the difficulty in properly interpreting arguably ambiguous statutory language. Nevertheless, this Comment hopes to demonstrate that by examining the history of remnant theory, it should be clear that uneconomic remnant claims in eminent domain proceedings were intended to be limited to situations where the partial taking creates either a physical remnant or a financial remnant. Furthermore, this Comment argues that the Wisconsin …
Copyrights Without Limits—The Undefeatable Right Of Access Control Under §1201(A) Of The Digital Millennium Copyright Act, Kristian D. Stout Esq.
Copyrights Without Limits—The Undefeatable Right Of Access Control Under §1201(A) Of The Digital Millennium Copyright Act, Kristian D. Stout Esq.
Marquette Intellectual Property Law Review
none
The Emerging Right To Communal Intellectual Property, Enninya S. Nwauche
The Emerging Right To Communal Intellectual Property, Enninya S. Nwauche
Marquette Intellectual Property Law Review
none
Mylan V. Warner Chilcott: A Study In Pharmaceutical Product Hopping, Vikram Iyengar
Mylan V. Warner Chilcott: A Study In Pharmaceutical Product Hopping, Vikram Iyengar
Marquette Intellectual Property Law Review
none
Now Is That What I Call Music?: Post-Modern Classical Music And Copyright Law, Jamie M. Yu
Now Is That What I Call Music?: Post-Modern Classical Music And Copyright Law, Jamie M. Yu
Marquette Intellectual Property Law Review
none
Public K-12 Teachers Creation Of Nontraditional Educational Works: To Rely On The Teacher Exception Or Explore Other Options?, Katheryn Mills
Public K-12 Teachers Creation Of Nontraditional Educational Works: To Rely On The Teacher Exception Or Explore Other Options?, Katheryn Mills
Marquette Intellectual Property Law Review
none
Hart-Scott-Rodino & Chevron Step Zero: Can The Ftc Target The Pharmaceutical Industry?, Tyler Leverington
Hart-Scott-Rodino & Chevron Step Zero: Can The Ftc Target The Pharmaceutical Industry?, Tyler Leverington
Marquette Intellectual Property Law Review
none
The Eu Trademark Reform Package—(Too) Bold A Step Ahead Or Back To Status Quo?, Annette Kur
The Eu Trademark Reform Package—(Too) Bold A Step Ahead Or Back To Status Quo?, Annette Kur
Marquette Intellectual Property Law Review
None
The Intensifying National Interest In Patent Litigation, Kathleen M. O'Malley
The Intensifying National Interest In Patent Litigation, Kathleen M. O'Malley
Marquette Intellectual Property Law Review
None
Brands, Morality And Public Policy: Some Reflections On The Ban On Registration Of Controversial Trademarks, Enrico Bonadio
Brands, Morality And Public Policy: Some Reflections On The Ban On Registration Of Controversial Trademarks, Enrico Bonadio
Marquette Intellectual Property Law Review
None
A Presidential Remedy Under Administrative Control—Why Section 337(J) Should Be Repealed, Nicolaas T. Bressers
A Presidential Remedy Under Administrative Control—Why Section 337(J) Should Be Repealed, Nicolaas T. Bressers
Marquette Intellectual Property Law Review
None
Notice And Supplemental Registration: Why The Copyright Office Must Update Its Policies Surrounding Author Notice, Erin E. Kaprelian
Notice And Supplemental Registration: Why The Copyright Office Must Update Its Policies Surrounding Author Notice, Erin E. Kaprelian
Marquette Intellectual Property Law Review
None
The End Of The "Wild West" For Software Patents—Does The Patents Act 2013 Change New Zealand's Treatment Of Software Patents From Permissive To Restrictive?, Erin E. Block
Marquette Intellectual Property Law Review
None
Can The Pto Find Its Way With Jesus?, Lee B. Burgunder
Can The Pto Find Its Way With Jesus?, Lee B. Burgunder
Marquette Intellectual Property Law Review
None
Product Hopping 2.0: Getting The Fda To Yank Your Original License Beats Stacking Patents, Lars Noah
Product Hopping 2.0: Getting The Fda To Yank Your Original License Beats Stacking Patents, Lars Noah
Marquette Intellectual Property Law Review
none
The Silliness Of Erisa: The Plan Is Not The Only Proper Party Defendant In An Erisa Benefits Claim, Donald T. Bogan
The Silliness Of Erisa: The Plan Is Not The Only Proper Party Defendant In An Erisa Benefits Claim, Donald T. Bogan
Marquette Benefits and Social Welfare Law Review
ERISA recites in § 502(d)(1) that a plan can sue and be sued as an entity. Does such a legislative pronouncement, in and of itself, establish the plan as a juristic person? Further, does Congress’s declaration that a plan can be sued suggest that no other person or entity can be held liable in an ERISA § 502(a)(1)(B) benefits claim? Relying upon ERISA § 502(d)(1), long-standing authority in the Ninth Circuit Court of Appeals, and in other circuits, holds that the plan, and only the plan, is a proper party defendant in an ERISA § 502(a)(1)(B) benefits claim. That is …
Transforming Federal And State Retirement Tax Deductions To Refundable Tax Credits, Teresa Ghilarducci, Ismael Cid-Martinez
Transforming Federal And State Retirement Tax Deductions To Refundable Tax Credits, Teresa Ghilarducci, Ismael Cid-Martinez
Marquette Benefits and Social Welfare Law Review
The purpose of this Study is to calculate retirement account tax expenditures by states. States with income taxes that allow tax deferral of retirement account contributions and investment earnings lose nearly $20 billion in revenue. This Study uses a variety of data sources, including state reports from their executive agencies and known estimation techniques to calculate the amount of tax credits that a worker in each state would receive if the deferrals were converted to a refundable tax credit. The average credit under these estimation techniques and calculations would be $172.
Postmodern Decline? The Belief In A Rule Of Law As A Tenet Of American Ideology, David Ray Papke
Postmodern Decline? The Belief In A Rule Of Law As A Tenet Of American Ideology, David Ray Papke
Faculty Publications
A belief in the rule of law has traditionally been an important tenet in American ideology. This belief includes a respect for law itself and for independent courts that decide cases fairly in keeping with the law. The United States, ideologues proclaim, is more devoted to the rule of law than are other nations. But is the belief in a rule of law as a tenet of American ideology still firm in the emerging postmodern society? Popular sentiments as well as contemporary jurisprudence powerfully challenge the functionality and very attainability of a rule of law.
25 Years Of Sports Law Scholarship: The History Of The Marquette Sports Law Journal/Review , Paul M. Anderson
25 Years Of Sports Law Scholarship: The History Of The Marquette Sports Law Journal/Review , Paul M. Anderson
Marquette Sports Law Review
None.
Labor In Nippon Professional Baseball And The Future Of Player Transfers To Major League Baseball, Keiji Kawai, Matt Nichol
Labor In Nippon Professional Baseball And The Future Of Player Transfers To Major League Baseball, Keiji Kawai, Matt Nichol
Marquette Sports Law Review
None.
2014 Annual Survey: Recent Developments In Sports Law, Krista D. Brown
2014 Annual Survey: Recent Developments In Sports Law, Krista D. Brown
Marquette Sports Law Review
None.
Breaking Out Of The West, Advancing Into Asia: Cultural Considerations For Brand Management In China, Gregory Hwa
Breaking Out Of The West, Advancing Into Asia: Cultural Considerations For Brand Management In China, Gregory Hwa
Marquette Sports Law Review
None
Ohio And Sports Law, Adam Epstein
The Rehabilitation Act Of 1973: Why The Ocr's Small Reminder Will Likely Spark Big Change For High School Athletics In 2014 And Beyond, Timothy D. Mcpeters
The Rehabilitation Act Of 1973: Why The Ocr's Small Reminder Will Likely Spark Big Change For High School Athletics In 2014 And Beyond, Timothy D. Mcpeters
Marquette Sports Law Review
None.
Taking The Training Wheels Off Mls: Why The Single Entity Antitrust Exemption Should No Longer Apply, Tyler A. Coppage
Taking The Training Wheels Off Mls: Why The Single Entity Antitrust Exemption Should No Longer Apply, Tyler A. Coppage
Marquette Sports Law Review
None.
Internet Piracy Of Sports Broadcasts: Finding The Solution In The United Kingdom And The United States, Antwayne Robertson
Internet Piracy Of Sports Broadcasts: Finding The Solution In The United Kingdom And The United States, Antwayne Robertson
Marquette Sports Law Review
None.