Law Commons^™

Seventh Circuit And Wisconsin Sports Law Jurisprudence, Matthew J. Mitten

Marquette Sports Law Review

No abstract provided.

Competitor Regulation Of Sponsored Content In The New Sports Content Media Economy, Kali Murray

Marquette Sports Law Review

No abstract provided.

Of Umpires, Judges, And Metaphors: Adjudication In Aesthetic Sports And Its Implications For Law, Chad M. Oldfather

Marquette Sports Law Review

No abstract provided.

China And Cas (Court Of Arbitration For Sport), Shuli Guo

Marquette Sports Law Review

No abstract provided.

The Transgender Student-Athlete: Is There A Fourteenth Amendment Right To Participate On The Gender-Specific Team Of Your Choice?, Krista D. Brown

Marquette Sports Law Review

No abstract provided.

Your Coach Is Watching: Can A High School Regulate Its Student-Athletes' Use Of Social Media?, Lauren E. Rosenbaum

Marquette Sports Law Review

No abstract provided.

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

Marquette Sports Law Review

No abstract provided.

Dmca: Professional Sports Leagues' Answer To Protecting Their Broadcasting Rights Against Illegal Streaming, Stephanie N. Horner

Marquette Sports Law Review

No abstract provided.

Strict Products Liability At 50: Four Histories, Kyle Graham

Marquette Law Review

This Article offers four different perspectives on the strict products- liability “revolution” of a half-century ago. One of these narratives relates the predominant assessment of how this movement coalesced and spread across the states. The three alternative histories introduced by this Article view the shift toward strict products liability through populist, practical, and contingent lenses, respectively. The first of these narratives considers the contributions that plaintiffs and their counsel made toward this change in the law. The second focuses upon how a formerly common, but now moribund, type of products-liability lawsuit framed the argument for strict liability as a superior …

Volume 97, Fall 2013 Masthead, Marquette Law Review

Marquette Law Review

None

Volume 97, Fall 2013 Table Of Contents, Marquette Law Review

Marquette Law Review

None

The Wisconsin Consumer Act: Consumer Credit Sales, Consumer Leases, Open-End Credit Plans, And Exclusions, Ralph C. Anzivino

Marquette Law Review

The Wisconsin Consumer Act (WCA) is a complex statute with very significant sanctions for creditors that fail to comply with its requirements. Debtors’ attorneys seek to claim that a transaction is subject to the WCA’s mandates, and of course, creditors’ attorneys seek to deny coverage. This Article addresses the coverage issue by focusing on the three consumer credit transactions that are expressly subject to WCA coverage, and on the two most common transactions excluded from WCA coverage. The three transactions expressly subject to WCA coverage are consumer sales, consumer leases, and open-ended credit plans. Each distinct transaction has its own …

Interpreting The Wisconsin Constitution, Daniel R. Suhr

Marquette Law Review

The Wisconsin Constitution is the state’s fundamental law and is often the final authority over important issues of public moment. When interpreting a provision in the state constitution, the Wisconsin Supreme Court relies on three primary sources: the plain meaning of the text, the legislative and ratification history surrounding the clause, and construction by the legislature. The second and third sources that the Court uses to resolve constitutional cases are significantly flawed for both practical and jurisprudential reasons.

By contrast, the Wisconsin Supreme Court focuses first and foremost on the text when interpreting statutes. The Court only turns to history …

Flirting With The Law: An Analysis Of The Ellerth/Faragher Circuit Split And A Prediction Of The Seventh Circuit’S Stance, Natalie S. Neals

Marquette Law Review

This Comment critically analyzes the split in the circuits over the second prong of the Ellerth/Faragher defense. Further, this Comment predicts how the Seventh Circuit will rule on this split. The Ellerth/Faragher defense is an affirmative defense available to employers who would otherwise be held liable for their supervisors’ harassing acts in hostile work environment situations. There are two prongs to the defense: (1) “the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior” and (2) “the plaintiff employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to …

The Psychology And Law Of Hazing Consent, Gregory S. Parks, Tiffany F. Southerland

Marquette Law Review

For years, the law has grappled with the extent to which an individual can consent to harmful physical contact. This has never been more evident than in the area of hazing. Courts have fallen on both sides of this divide, often enough speculating about the mental state of the alleged hazing victim. The question is often whether the individual had the psychological wherewithal to resist situational or contextual demands placed on him or her. In this Article, the authors provide clarity to how the law has thought about this issue and how it should think about it in light of …

Stop Hammering Fourth Amendment Rights: Reshaping The Community Caretaking Exception With The Physical Intrusion Standard, Gregory T. Helding

Marquette Law Review

In 1973, the U.S. Supreme Court recognized the community caretaking exception to the Fourth Amendment’s prohibition against unreasonable searches and seizures. As its name suggests, the exception acknowledges that police officers act not merely as law enforcers, but also as community caretakers, rendering aid to those in need, and acting to protect both people and property from harm. As originally conceived, the community caretaking exception was limited to situations involving automobiles where police were performing functions totally divorced from law enforcement. Over the years, courts have expanded the exception considerably. Police officers who suspect a crime has taken place may …

Getting Out Of The Funk: How Wisconsin Courts Can Protect Against The Threat To Impartial Jury Trials, Kurt F. Ellison

Marquette Law Review

This Comment critically examines the development of Wisconsin’s juror bias case law and the challenges that this body of law has created for judges and practitioners across the State of Wisconsin. Further, this Comment analyzes whether attempts by the Wisconsin Supreme Court to clear up the body of juror bias law have been successful or, as this Comment suggests, have left juror bias law grappling with the same set of issues. Wisconsin has long recognized the crucial role of the jury to its legal system and to ensuring the just administration of its laws. To preserve the integrity of the …

The Wisconsin Consumer Act: Territorial Considerations, Ralph C. Anzivino

Marquette Law Review

This Article primarily analyzes the impact of the territorial specifications of the Wisconsin Consumer Act on a consumer transaction. The Wisconsin Consumer Act specifies six territorial circumstances, and this Article analyzes each separately. The six territorial circumstances are as follows: (1) Was the transaction “made in Wisconsin”?; (2) Is there collection activity in Wisconsin?; (3) Is there collection activity in a foreign jurisdiction?; (4) Did the transaction involve an open-end credit sale?; (5) Did the parties’ contract contain a Wisconsin or foreign choice- of-law clause?; and (6) How do the WCA venue rules apply? Depending on which of the territorial …

Roadblock To Recovery: How Fema's Liability Insurance Mandate Denies Low-Income Disaster Survivors Essential Transportation Benefits, Anne Sikes Hornsby

Marquette Law Review

For better or worse, we live in a society dominated by the automobile; Americans are notoriously dependent on automobiles for access to goods and services, for social and economic development, and for sustenance. In disaster situations, transportation can be critical to individual and household recovery efforts, particularly for those in areas with no public transportation or where public transportation has been disrupted. FEMA’s statutory mandate charges the agency with “alleviat[ing] the suffering and damage,” and unsurprisingly, this mandate encompasses disruptions to local transportation systems; the agency’s statutes and regulations authorize FEMA to provide financial aid for transportation needs, including repair …

Table Of Contents

Marquette Elder's Advisor

No abstract provided.

Table Of Contents

Marquette Elder's Advisor

No abstract provided.

Radioactive Veterans: A New Look At The Nuclear History Of America, Craig M. Kabatchnick, P. Michelle Fitzsimmons, Jonathan B. Kelly

Marquette Elder's Advisor

No abstract provided.

Scientific, Social & Legal Perspectives On Obesity: What Grown-Ups Need To Know, Judith G. Mcmullen

Marquette Elder's Advisor

No abstract provided.

Health Care Decision Making In The Veterans Health Administration: The Legal Significance For Informed Consent And Advance Directives, Liliana Kalogjera Barry

Marquette Elder's Advisor

No abstract provided.

Confronting The Elder Care Crisis: The Private Long-Term Care Insurance Market And The Utility Of Hybrid Products

Marquette Elder's Advisor

No abstract provided.

Table Of Contents

Marquette Elder's Advisor

No abstract provided.

Clear Depictions Promote Clear Decisions: Drafting Abortion Speech-And-Display Statutes That Pass First And Fourteenth Amendment Muster

Marquette Elder's Advisor

None

The Right To Posthumous Bodily Integrity And Implications Of Whose Right It Is, Hilary Young

Marquette Elder's Advisor

The law protects posthumous bodily integrity by allowing people to decide what will happen to their bodies after death. This article asks whose rights these laws intend to protect: the rights-holders could consist only of living individuals whose bodies will become the corpses at issue or could include the dead themselves. Whether rights to posthumous bodily integrity belong only to the living or survive death leads to three types of insight. First, the reasons for protecting posthumous bodily integrity are different depending on who the rights-bearers are. Second, to the extent that some laws are more consistent with an approach …

Implications Of The Supreme Court's Decision In Pliva, Inc. V. Mensing: Why Generic And Brand-Name Pharmaceuticals Must Be Treated Equally Under The Federal Food, Drug, And Cosmetic Act

Marquette Elder's Advisor

No abstract provided.

Preventing Resident-To-Resident Abuse In Long-Term Care: Targeting Sex Offenders But Missing The Mark

Marquette Elder's Advisor

No abstract provided.