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Articles 1 - 11 of 11
Full-Text Articles in Law
Using A Civil Procedure Exam Question To Teach Persuasion, Sophie M. Sparrow
Using A Civil Procedure Exam Question To Teach Persuasion, Sophie M. Sparrow
Law Faculty Scholarship
Studies show that learners master new material more effectively when it builds upon what they already know. By revisiting assignments from a previous semester, students can focus their efforts on persuading, rather than learning new doctrine or facts. Turning a predictive discussion into a persuasive argument demonstrates that making an argument requires the same rigorous thinking as predicting a result. One way to do this is to assign students to write an argument based on their fall Civil Procedure exam.
Avoiding Intellectual Property Problems, Thomas G. Field Jr.
Avoiding Intellectual Property Problems, Thomas G. Field Jr.
Law Faculty Scholarship
Patents, copyrights, trademarks, as well as trade secrets and related rights can be used to exclude free riders. These rights are usually collectively called "intellectual property" or IP. Everyone should know how to cost-effectively protect their own rights.
Chief Justice Joseph R. Weisberger's Page Of History, Bruce I. Kogan, Cheryl L. Robertson
Chief Justice Joseph R. Weisberger's Page Of History, Bruce I. Kogan, Cheryl L. Robertson
Law Faculty Scholarship
No abstract provided.
What Does The Second Amendment Restrict? A Collective Rights Analysis, Carl Bogus
What Does The Second Amendment Restrict? A Collective Rights Analysis, Carl Bogus
Law Faculty Scholarship
No abstract provided.
A Law Culture Diagnostic, James R. Elkins
A Law Culture Diagnostic, James R. Elkins
Law Faculty Scholarship
No abstract provided.
Selected Conceptions Of Federalism: The Selective Use Of History In The Supreme Court's States' Rights Opinions, Lucian E. Dervan
Selected Conceptions Of Federalism: The Selective Use Of History In The Supreme Court's States' Rights Opinions, Lucian E. Dervan
Law Faculty Scholarship
In the period leading to the Civil War, debate over federalism and states’ rights developed into the seeds of a war that would forever change America. Over one hundred years later, the debate over federalism continues, unanswered by the blood of more than half a million soldiers. Over the last decade, the United States Supreme Court has increased state sovereignty and state immunity to levels unseen since the pre-Civil War period. The Court’s opinions are structured in a manner that relies significantly on historical methodologies. The multiple rationales used to structure the Justices’ arguments clash, and the Justices spar with …
Joseph Mccarthy, The Law Student, Jeffrey S. Kinsler
Joseph Mccarthy, The Law Student, Jeffrey S. Kinsler
Law Faculty Scholarship
Much is known about Joseph McCarthy, the United States Senator. A fair amount is also known about Joseph McCarthy, the lawyer and Circuit Court Judge; particularly in his home state of Wisconsin. Not much is known, however, about Joe McCarthy, the law student. This is unfortunate because, arguably, many of the traits that catapulted McCarthy to the top and bottom of American politics were first exhibited in law school. It is a safe bet that very few of the current students at Marquette University Law School (MULS) are even aware that Joe McCarthy is an alumnus (LL.B., 1935) of the …
The Lsat Myth, Jeffrey S. Kinsler
The Lsat Myth, Jeffrey S. Kinsler
Law Faculty Scholarship
Predicting which students will perform well in law school may seem like an impossible task, but law schools endeavor to do so everyday, and the primary tool they use to make such predictions is the Law School Admission Test (LSAT), a standardized, 101-question multiple-choice examination. This article explores whether the LSAT warrants such prominence. Using statistical and anecdotal evidence, this article analyzes recent graduates of Marquette University Law School (MULS) to ascertain whether: (1) the LSAT is a valid predictor of three-year performance in law school; (2) the LSAT is a better predictor of law school performance than the UGPA …
The New Face Of Creationism: The Establishment Clause And The Latest Efforts To Suppress Evolution In Public Schools, Deborah R. Farringer
The New Face Of Creationism: The Establishment Clause And The Latest Efforts To Suppress Evolution In Public Schools, Deborah R. Farringer
Law Faculty Scholarship
If America wants to stay at the forefront of scientific study and remain competitive with other nations, its students must be taught scientific principles that are generally applied in the global scientific community. Thus, the implications involved in the latest battles over God and science extend beyond whether to teach controversial subjects, and could have a significant effect on the future of American schools. These problems warrant the development of a new test, or new legal analysis, that will enable the Court to deal with this latest chapter in the heated evolution and creationism debate. This Note examines the evidentiary …
On-Line Tutorial Project: Intellectual Property In E-Commerce, William J. Murphy
On-Line Tutorial Project: Intellectual Property In E-Commerce, William J. Murphy
Law Faculty Scholarship
Copyrights, Trademarks and Patents make up most of the area of law known as Intellectual Property. Intellectual Property's importance in Electronic Commerce is difficult to overstate. The Internet has been defined as a global network of networks through which computers communicate by sending information in packets, and each network consists of computers connected by cables or wireless links. It is the Intellectual Property laws of Copyright, Trademark and Patents that are attempting to harmonize the effects that E-Commerce and the Internet have had on the individual's ability to access and use this information. It should be remembered that most countries …
Making The Most Of Commercial Global Domains, Thomas G. Field Jr
Making The Most Of Commercial Global Domains, Thomas G. Field Jr
Law Faculty Scholarship
Despite echoing skepticism about the long-term prospects for commercial global domains based in part on how they are governed, this paper concludes that nominal addresses are essentially a new form of intellectual property, to be viewed and managed in ways sometimes fundamentally different from trademarks and other indicia of commercial goodwill. In support, the article first reviews the domain name system ("DNS") under which nominal addresses may be registered. The article then outlines central principles of unfair competition law underlying the resolution of disputes within the United States. Finally, the article reviews how nominal addresses pose several new kinds of …