Law Commons^™

Three's A Crowd: A Look At Potential Troubles Created By Third-Party Standing When Bringing A Title Ix Claim, Taylor A. Wilson

Marquette Sports Law Review

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Table Of Contents

Marquette Sports Law Review

No abstract provided.

Without Thanks To Richie Incognito: Should Employers Owe A Duty To Employees To Protect Against Psychological Harm From Status-Blind Bullying In The Workplace?, Samuel L. Gurney

Marquette Sports Law Review

No abstract provided.

Commercialisation Of Sports Data: Rights Of Event Owners Over Information And Statistics Generated About Their Sports Events, Christian Frodl

Marquette Sports Law Review

No abstract provided.

Continuing Disclosure Requirements And The Continued Use Of Municipal Bonds In Sports, Mindi Friedman

Marquette Sports Law Review

No abstract provided.

A Comparative Analysis Of American And Canadian Antitrust And Labor Laws As Applied To Professional Sports League Lockouts And Potential Solutions To Prevent Their Occurrence, Jo-Annie Charbonneau

Marquette Sports Law Review

No abstract provided.

The Washington Redskins' Deflating Hope: The Lanham Act Survives The First Amendment Challenge, Hammad Rasul

Marquette Sports Law Review

No abstract provided.

Sports, Doping, And The Regulatory "Tipping Point", Dionne L. Koller

Marquette Sports Law Review

No abstract provided.

The Predominate Goliath: Why Pay-To-Play Daily Fantasy Sports Are Games Of Skill Under The Dominant Factor Test, Jeffrey C. Meehan

Marquette Sports Law Review

No abstract provided.

Leveling The Playing Field Among The Nfl, Clubs, And Players--By Amending The Employee Retirement Income Security Act, Alicia J. Anderson

Marquette Sports Law Review

No abstract provided.

Aereo, Sports Leagues' Favorite Cookie?: An Analysis Of Its Impact On Professional Sports Leagues' Exclusive Rights, Technological Innovation, And Consumer Welfare, Candy P. Reyes

Marquette Sports Law Review

No abstract provided.

Book Review: The Code Of The Court Of Arbitration For Sport: Commentary, Cases, And Materials, Matthew J. Mitten

Marquette Sports Law Review

No abstract provided.

Bending The Rules To Change The Rule? Was The National Football League's Domestic Violence Policy Collectively Bargained For?, Sean P. Mccarthy

Marquette Sports Law Review

No abstract provided.

Index, Sean P. Mccarthy

Marquette Sports Law Review

No abstract provided.

Flipping And Spinning Into Labor Regulations: Analyzing The Need And Mechanisms For Protecting Elite Child Gymnasts And Figure Skaters, Kristin A. Hoffman

Marquette Sports Law Review

None.

My Tax Accountant Says I Can Deduct My Hot Tub. He's The Expert - Should I Question Him?, Alan Pogroszewski, Kari Smoker

Marquette Sports Law Review

None.

Sports Law In Law Reviews And Journals, Krista D. Brown

Marquette Sports Law Review

None.

2014 Master Of The Game Award Acceptance Speech, Martin J. Greenberg

Marquette Sports Law Review

No abstract provided.

The Pbgc Wins A Case Whenever The Debtor Keeps Its Pension Plan, Israel Goldowitz, Garth Wilson, Erin Kim, Kirsten Bender

Marquette Benefits and Social Welfare Law Review

The Pension Benefit Guaranty Corporation, the federal agency charged with insuring private-sector defined benefit pension plans, has long had a prominent role in corporate bankruptcies. PBGC focuses its effort on the continuation of pension plans, in true reorganizations and in sales of businesses. To this end, ERISA has made it more difficult for a sponsor to terminate a plan in its own economic interest. For example, a sponsor’s latitude to terminate an underfunded plan was limited to circumstances involving the sponsor’s financial distress. Likewise, the termination premium, which was added to ERISA in recent years, is an obligation that survives …

Towards The Development Of Governance Principles For The Administration Of Social Protection Benefits: Comparative Lessons From Dutch And American Experiences, Frans Pennings, Paul M. Secunda

Marquette Benefits and Social Welfare Law Review

The purpose of this article is to introduce a new approach to social protection benefit provision through an analysis and comparison of two of the advanced benefit systems in the world. Both the Dutch and American examples teach us that meaningful social benefit protection is possible, consistent, and necessary within market-based societies.

Our recommendation is that advanced-market societies start a discussion on social protection benefits based on the dual principles of federalism/subsidiarity and fiduciary duty. Federalism provides that the national/federal government should provide the principles and minimal framework for benefit provision, while regional authorities, employers, and insurance companies should be …

Finding The Middle Ground On A Slippery Slope: Balancing Autonomy And Protection In Mandatory Reporting Of Elder Abuse, Benjamin Pomerance

Marquette Benefits and Social Welfare Law Review

Millions of older Americans suffer from physical, mental, emotional, or financial abuse. Frequently, their abusers are family members, close friends, or other individuals who occupy positions of trust in their elderly victims’ lives. Unfortunately, due to a variety of factors, elder abuse is a tragically underreported crime. Experts estimate that for every case of elder abuse revealed to law enforcement authorities, five more cases go unreported, allowing the abuse to continue unchecked.

To combat this secrecy surrounding elder abuse, federal and state lawmakers enacted statutes requiring certain people— or, in some jurisdictions, all people—to report instances of suspected elder abuse …

Table Of Contents

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Creating A "Building A Disability Rights Information Center For Asia And The Pacific Clinic": Pedagogy And Social Justice, Michael L. Perlin, Catherine Barreda, Katherine Davies, Mehgan Gallagher, Nicole Israel, Stephanie Mendelsohn

Marquette Benefits and Social Welfare Law Review

This article describes the work done by the lead author and his students in the creation of the Disability Rights Information Center for Asia and the Pacific (DRICAP), as part of the work the lead author has been doing with colleagues (especially Yoshikazu Ikehara, Esq., director of the Tokyo Advocacy Law Office) for several years to create a Disability Rights Tribunal for Asia and the Pacific (DRTAP). DRICAP’s centerpiece is the creation of a website collecting statutes, regulations, scholarly articles, advocacy news, and case law from selected Asian and Pacific nations. This work was done through a clinic created by …

Essay: A Positive Perspective On Regulation Of The Workplace Relationship, Dana M. Muir

Marquette Benefits and Social Welfare Law Review

Positive Organizational Scholarship studies how business organizations and their employees excel and thrive. It takes the opposite perspective from the traditional organizational research that examines negative deviance and how that deviance inhibits organizational performance. Like traditional organizational scholars, legal scholars (as well as lawyers, legislators, judges, and regulators) typically focus on problems. Examples abound in the field of employment law. For example, to what extent does employment discrimination still exist and how can it be eliminated? And, what constraints prevent Americans from achieving retirement security and how can those constraints be eliminated? This Essay proposes that we examine the Positive …

Let The Good Time Roll: Early Release For Good Behavior In Prison, Michael M. O'Hear

Faculty Publications

No abstract provided.

Overcoming Deliberate Indifference: Reconsidering Effective Legal Protections For Bullied Special Education Students, Paul M. Secunda

Faculty Publications

Ten years ago, in response to an epidemic of bullying and harassment of special education students in our nation’s schools, I put forward two new legal proposals based on legal protections that these students uniquely have under the Individuals with Disabilities in Education Act (“IDEA”). Although these proposals have gained some traction in the ensuing time period, most courts continue to analyze these cases under the same series of largely ineffectual constitutional and statutory laws. What many of these laws have in common with my previous proposals is reliance on a deliberate indifference standard, which requires schools and responsible school …

Rolling Back The Tide: Toward An Individual Mandate For Flood Insurance, Alexander Lemann

Faculty Publications

The National Flood Insurance Program is in flux — and under attack. On March 13, 2014, Congress passed the Homeowner Flood Insurance Affordability Act, delaying and dismantling many of the reforms it had put in place just twenty months earlier, when it passed the Biggert-Waters Flood Insurance Reform Act of 2012. Today, flood insurance is both a critical part of the country’s approach to dealing with the rising flood threat posed by climate change and a beleaguered and perpetually broke symbol of governmental ineptitude, leading to calls for its elimination. By providing federally-subsidized flood insurance, critics argue, the National Flood …

Introduction: Judicial Assistants Or Junior Judges: The Hiring, Utilization, And Influence Of Law Clerks, Chad Oldfather, Todd C. Peppers

Marquette Law Review

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A Truth About Career Law Clerks, Joseph D. Kearney

Marquette Law Review

None.

Revisiting The Influence Of Law Clerks On The U.S. Supreme Court's Agenda-Setting Process, Ryan C. Black, Christina L. Boyd, Amanda C. Bryan

Marquette Law Review

Do law clerks influence U.S. Supreme Court Justices’ decisions in the Court’s agenda-setting stage? For those Justices responding to their own law clerks’ cert recommendations, we expect a high degree of agreement between Justice and clerk. For non-employing Justices, however, we anticipate that the likelihood of agreement between clerk and Justice will vary greatly based on the interplay among the ideological compatibility between a Justice and the clerk, the underlying certworthiness of the petition for review, and the clerk’s final recommendation. Relying on a newly collected dataset of petitions making the Court’s discuss list over the 1986 through 1993 Terms, …