Law Commons^™

All It Ever Does Is Rain: Bruce Springsteen And The Alienation Of Labor, David Ray Papke

Faculty Publications

The popular singer and songwriter Bruce Springsteen is a product of the working-class family, and his songs often creatively capture not only working-class life but also workers' alienation from their labor. In an unsystematic way, Springsteen's lyrics portray how modern workers are alienated from the products of their labor, the process of working, other workers, and ultimately, from themselves. Although Springsteen primarily has blue-collar, industrial workers in mind, his thoughts on the alienation of labor continue to have relevance for workers in the American consumer society and in the contemporary global economy as well.

The Penn State "Consent Decree": The Ncaa's Coercive Means Don't Justify Its Laudable Ends, But Is There A Legal Remedy?, Matthew J. Mitten

Faculty Publications

In a July 23, 2012 Consent Decree, the National Collegiate Athletic Association (NCAA), acting through its Executive Committee and President Mark Emmert, imposed unprecedented sanctions on Pennsylvania State University (Penn State). This action apparently was taken in an effort to convincingly demonstrate presidential control of intercollegiate athletics after recent widely reported scandals involving violations of NCAA amateurism, academic integrity, and ethical conduct rules by persons associated with high-profile intercollegiate football programs. This unprecedented use of de facto "best interests" power to punish a member university for individual criminal activity and institutional misconduct which traditionally has not been disciplined by the …

An Analysis Of The Treatment Of Employee Pension And Wage Claims In Insolvency And Under Guarantee Schemes In Oecd Countries: Comparative Law Lessons For Detroit And The United States, Paul M. Secunda

Faculty Publications

To put the plight of the Detroit city employees into an international and comparative context when it comes to considering how their pension and wage claims should be treated in bankruptcy, it is instructive to consider how similar employee pension and wage claims would be treated in corporate insolvencies in other countries. It is necessary to focus on corporate insolvencies in other countries as the relevant comparison because most other countries do not have government systems in which municipalities have the same financial independence to borrow money and take on debt as municipalities do in the United States as part …

A Defense Of Japanese Sovereignty Over The Senkaku/Diaoyu Islands, Ryan M. Scoville

Faculty Publications

Legal analyses on the sovereignty dispute over the Senkaku/ Diaoyu Islands have been unfavorable to Japan. The literature is populated primarily with works by commentators who argue in favor of the Chinese claim, and by others who conclude that the applicable law is simply too indeterminate to support either party. Analyses favoring Japan are rare and underdeveloped. This is a surprising state of affairs, given that Japan has the better argument. The purpose of this paper is to explain why.

Compelled Diplomacy In Zivotofsky V. Kerry, Ryan M. Scoville

Faculty Publications

To the parties and lower courts, Zivotofsky v. Kerry has been a dispute primarily about the nature of the President's power to recognize foreign borders. But what if the law also raises another, entirely separate issue under Article II?

This essay explores the possibility that Section 214(d) of the Foreign Relations Authorization Act of 2003 is unconstitutional not because it recognizes a border or materially interferes with the implementation of U.S. recognition policy, but simply because it purports to compel diplomatic speech that the President opposes. From this angle, Zivotofsky presents a question about who controls official diplomatic communications, and …

A Regulatory Solution To Better Promote The Educational Values And Economic Sustainability Of Intercollegiate Athletics, Matthew J. Mitten, Stephen F. Ross

Faculty Publications

Currently there are several pending antitrust suits challenging NCAA rules restricting the economic benefits intercollegiate athletes may receive for their sports participation. Although remedying the inherent problems of commercialized college sports (primarily Division I football and men’s basketball) is a laudable objective, a free market solution mandated by antitrust law may have unintended adverse consequences. Judicial invalidation of these rules may inhibit universities from providing many athletes with a college education they would not otherwise receive, by eliminating or reducing the value of scholarships for many players whose economic value is less than the cost of an education. A wholly …

Second Amendment Decision Rules, Non-Lethal Weapons, And Self-Defense, A.J. Peterman

Marquette Law Review

General public debate about the Second Amendment has focused almost exclusively on the regulation of firearms. After Heller and McDonald, the scope of the Second Amendment’s protection has been hotly contested. One area of the Second Amendment that has been less discussed is the decisional rules that would govern non-firearms and levels of protection based on location. This Comment proposes two Second Amendment Constitutional decisional rules. Broadly, this Comment suggests that the “common use” test for “arms” should be modified for the development of new arms, such as non-lethal weapons, that are subject to the Second Amendment. The proposed …

Reviving Legislative Generality, Evan C. Zoldan

Marquette Law Review

The Supreme Court does not recognize a constitutional principle disfavoring special legislation, that is, legislation that singles out identifiable individuals for benefits or harms that are not applied to the rest of the population. As a result, both Congress and state legislatures routinely enact special legislation despite the fact that it has been linked to a variety of social harms, including corruption and the exacerbation of social inequality. But the Court’s weak protections against special legislation, and the resulting harms, are not inevitable. Instead, special legislation can be limited by what may be called a value of legislative generality, that …

A Better Defense Of Big Waiver: From James Landis To Louis Jaffe, Yair Sagy

Marquette Law Review

This Article is a rejoinder to Professors David J. Barron and Todd D. Rakoff’s article, In Defense of Big Waiver, recently published in the Columbia Law Review. “Big Waiver” provisions, which figure prominently in the “No Child Left Behind” and the “Obamacare” legislation, authorize administrative agencies to displace the regulatory baseline established by Congress. Propounding a defense of big waiver statutory provisions, Barron and Rakoff ground their argument in James Landis’s seminal work, The Administrative Process. This Article shows, however, that Barron and Rakoff’s defense is misguided because it ignores Landis’s work’s focal point, the concept of administrative expertise, which …

Employment Discrimination Against Ex-Offenders: The Promise And Limits Of Title Vii Disparate Impact Theory, Tammy R. Pettinato

Marquette Law Review

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Constitutional Conflict And Congressional Oversight, Andrew Mccanse Wright

Marquette Law Review

In matters of oversight, Congress and the President have fundamentally incompatible views of their institutional roles within the constitutional structure. This Article offers an explanation of divergent branch behavior and legal doctrine. Congress, much like a party to litigation, views itself as having fixed substantive rights to obtain desired information from the Executive and private parties. In contrast, the Executive views itself like a party to a business transaction, in which congressional oversight requests are the opening salvo in an iterative negotiation process to resolve competing interests between co-equal branches. In general, legislators want to litigate and executive officers want …

Deference To Duplicity: Wisconsin's Selective Recognition Of The Mature Minor Doctrine, Luke Hudock

Marquette Law Review

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Addressing Abusive Conduct In Youth Sports, Judith G. Mcmullen

Marquette Sports Law Review

No abstract provided.

(Sub)Urban Poverty And Regional Interest Convergence, Patience A. Crowder

Marquette Law Review

Poverty has expanded from America’s urban cores to its inner and outer suburban rings. In the midst of spreading hardship, new opportunities for confronting questions of regional equity are emerging, such as how best to govern our regional spaces for the benefit of all regional constituents, including the poor, middle class, and affluent. To date, governance theories have proven inadequate to this task. In the parlance of the current regional governance discourse, localists, regionalists, and new regionalists need a framework to make a reality of their seemingly disparate and inconsistent visions of local versus regional interests. Localists champion the autonomy …

Patent Markets: An Opportunity For Technology Diffusion And Frand Licensing?, Stéphanie Chuffart-Finsterwald

Marquette Intellectual Property Law Review

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Table Of Contents

Marquette Sports Law Review

No abstract provided.

Bias In The College Football Playoff Selection Process: If The Devil Is In The Details, That's Where Salvation May Be Found, M. Mark Heekin, Bruce W. Burton

Marquette Sports Law Review

No abstract provided.

Achieving Gender Equity Under Title Ix For Girls From Minority, Urban, Rural, And Economically Disadvantaged Communities, Kenneth D. Ferguson

Marquette Sports Law Review

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Assessing The Scope Of State University Sovereign Immunity: A Commentary On The Vexing Dispute Over Ucf Athletics Association, Inc., Chad Hinson

Marquette Sports Law Review

No abstract provided.

Doubling Down On Sports Gambling: Why Paspa Would Fail A Constitutional Challenge, Jeffrey Roeske

Marquette Sports Law Review

No abstract provided.

2013 Annual Survey: Recent Developments In Sports Law, Sarah M. Sharrar

Marquette Sports Law Review

No abstract provided.

Sports Law In Law Reviews And Journals, Sarah M. Sharrar

Marquette Sports Law Review

No abstract provided.

Table Of Contents

Marquette Sports Law Review

None

Foreword, Paul M. Anderson

Marquette Sports Law Review

No abstract provided.

Crowdfunding And Sport: How Soon Until The Fans Own The Franchise?, Edward A. Fallone

Marquette Sports Law Review

No abstract provided.

The Disappearance Of A Dinosaur: Reassignment Clauses Are Losing Their Footing In College Coaches' Contracts, Martin J. Greenberg, Brandon Leibsohn

Marquette Sports Law Review

No abstract provided.

After The Arbitration Award: Not Always Final And Binding, Jay E. Grenig

Marquette Sports Law Review

No abstract provided.

What Is The Nba?, Nadelle Grossman

Marquette Sports Law Review

No abstract provided.

Michael Sam And The Nfl Locker Room: How Masculinities Theory Explains The Way We View Gay Athletes, Lisa A. Mazzie

Marquette Sports Law Review

No abstract provided.

No Hiding The Ball: Medical Privacy And Pro Sports, Michael K. Mcchrystal

Marquette Sports Law Review

No abstract provided.