Law Commons^™

Table Of Contents For Volume 94 Issue 1, Marquette University

Marquette Law Review

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The Artifice Of Local Growth Politics: At-Large Elections, Ballot-Box Zoning, And Judicial Review, Kenneth A. Stahl

Marquette Law Review

Municipalities throughout the nation are plagued by a seemingly unresolvable conflict between pro-growth development interests and skeptical homeowners’ groups who oppose growth near their neighborhoods. This paper uses southern California as a case study to examine the ways in which local political structural arrangements have contributed to this conflict, and the reasons why judicial challenges to these structural arrangements have had so little success. As I argue, local politics in southern California are structured in a way that fosters an artificial dichotomy between pro-growth and anti-growth positions, subverting the possibility of compromise and suppressing a wide range of views about …

Framing Change: Cause Lawyering, Constitutional Decisions, And Social Change, Mary Ziegler

Marquette Law Review

This article contends that current critics of change-oriented litigation assume a particular model of the relationship between law and social change: law is argued to mirror popular mores, and judicial decisions are thought at most to suppress unusual or outlying laws. This model is incomplete, because judicial decisions may help to change how a social cause is defined and labeled. In presenting a supplementary model, I argue that judicial decisions reframe debates, privileging some arguments, marginalizing others, altering the coalitions on either side, and influencing the types of legal reform those coalitions are able to pursue.

A series of state …

Scaling The Lexicon Fortress: The United States Supreme Court’S Use Of Dictionaries In The Twenty-First Century, Jeffrey L. Kirchmeier, Samuel A. Thumma

Marquette Law Review

This Article examines the Court’s use of dictionaries in the first decade of the twenty-first century, building on previous research by Professor Kirchmeier and Judge Thumma regarding the Supreme Court’s history of using dictionaries. See Samuel A. Thumma & Jeffrey L. Kirchmeier, The Lexicon Has Become a Fortress: The United States Supreme Court’s Use of Dictionaries, 47 Buff. L. Rev. 227 (1999); Samuel A. Thumma & Jeffrey L. Kirchmeier, The Lexicon Remains a Fortress: An Update, 5 Green Bag 51 (2001).

During Supreme Court Terms 2000–2001 through 2009–2010, the Justices have referenced dictionary definitions to define nearly 300 words or …

Patent Term Adjustment And Terminal Disclaimers: Are The Terms Of Patents Being Decided Ad Hoc?, Emily M. Hinkens

Marquette Law Review

The intersection of statutory law, common law, and administrative rulemaking prevents any certain predictions regarding the term of a patent that has been adjusted, extended, and/or terminally disclaimed in various combinations. This Comment poses a hypothetical situation in which the term of a terminally disclaimed patent is linked to another patent with term adjustment, and discusses the implications of such a linkage were the term of the former patent to be litigated. This Comment explores whether case law on terminal disclaimers, term extension, term adjustment, and judicial deference can help predict the outcome of such litigation, and ultimately concludes that …

The “Original” Thirteenth Amendment: The Misunderstood Titles Of Nobility Amendment, Gideon M. Hart

Marquette Law Review

This Article provides one of the first truly comprehensive accounts of the “Titles of Nobility Amendment.” The Titles of Nobility Amendment is one of only a handful of proposed amendments to the Constitution that were passed by Congress, but then not ratified by a sufficient number of states. The Amendment would have revoked the citizenship of any individual who accepted a “title of nobility or honor” or who accepted any “present, pension, office, or emolument” from any foreign state without congressional permission.

Despite its failure during the ratification process, the Amendment was printed in the 1815 version of the Statutes …

Marquette University: The Dedication Of Eckstein Hall

Marquette Law Review

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That The Waters Shall Be Forever Free: Navigating Wisconsin’S Obligations Under The Public Trust Doctrine And The Great Lakes Compact, Gabe Johnson-Karp

Marquette Law Review

The implementation of the Great Lakes Compact stands to be a true “watershed” event in the protection of water resources in and around the Great Lakes. Nowhere is the administration of the Compact and its narrow exceptions more relevant now than in Wisconsin, where the city of Waukesha is preparing to submit the first request for an out-of-basin diversion under the Compact. The contentiousness of Waukesha’s diversion request is amplified by Wisconsin’s long tradition of strong natural resource protections, particularly by the operation of the public trust doctrine. That doctrine has been liberally construed, and extends protections to the public’s …

Colonel Utley's Empancipation--Or, How Lincoln Offered To Buy A Slave, Jerrica A. Giles, Allen C. Guelzo

Marquette Law Review

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In Praise Of Whig Lawyering: A Commentary On Abraham Lincoln As Lawyer--And Politician, Joseph A. Ranney

Marquette Law Review

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Lincoln And Constitutional Politics, Michael Les Benedict

Marquette Law Review

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The Other Thirteenth Amendment: Free African Americans And The Constitution That Wasn't, Stephen Kantrowitz

Marquette Law Review

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Abraham Lincoln, German-Born Republicans, And American Citizenship, Alison Clark Efford

Marquette Law Review

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Abraham Lincoln And The Politics Of Principle, Heather Cox Richardson

Marquette Law Review

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Civil, Political, And Social Equality After Lincoln: A Paradigm And A Problematic, Kate Masur

Marquette Law Review

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Those Who Have Borne The Battle: Civil War Veterans, Pension Advocacy, And Politics, James Marten

Marquette Law Review

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The Case For A Constitutional Definition Of Hearsay: Requiring Confrontation Of Testimonial Nonassertive Conduct And Statements Admitted To Explain An Unchallenged Investigation, James L. Kainen, Carrie A. Tendler

Marquette Law Review

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Feminist (Or "Feminist") Reform Of Self-Defense Law: Some Critical Reflections, Joshua Dressler

Marquette Law Review

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The Fourth Amendment And The Brave New World Of Online Social Networking, Nathan Petrashek

Marquette Law Review

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Testing The Waters: Assessing Wisconsin's Regulatory Climate For Offshore Wind Projects, Marvin C. Bynum Ii

Marquette Law Review

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Table Of Contents For Volume 93 Issue 4, Marquette University

Marquette Law Review

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Foreword: Laying The Foundation, Joseph D. Kearney

Marquette Law Review

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Abraham Lincoln And The Rule Of Law Books, Mark E. Steiner

Marquette Law Review

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Intent And Empirics: Race To The Subprime, Carol Necole Brown

Marquette Law Review

The United States’ history of racially discriminatory banking, housing, and property policies created a community of black Americans accustomed to exploitative financial services and vulnerable to victimization by subprime lenders. My thesis is that black borrowers are experiencing a new iteration of intentional housing discrimination in the twentieth and twenty-first centuries; lenders identified a vulnerable 'emerging market' of black homeowners and borrowers and knowingly targeted them to receive subprime or predatory loan products when equally situated white borrowers were given superior, prime mortgage products. This Article explores how disparate lending practices coupled with banking deregulation undermined the Congressional push for …

Prioritizing Justice: Combating Corporate Crime From Task Force To Top Priority, Mary Kreiner Ramirez

Marquette Law Review

Inadequate law enforcement against corporate criminals appears to have created perverse incentives leading to an economic crisis — this time in the context of the subprime mortgage crisis. Prioritizing Justice proposes institutional reform at the Department of Justice (DOJ) in pursuing corporate crime. Presently, corporate crime is pursued nationally primarily through the DOJ Financial Fraud Enforcement Task Force and other task forces, the DOJ Criminal Division Fraud Section, and the individual U.S. Attorneys' Offices. Rather than a collection of ad hoc task forces that seek to coordinate policy among a vast array of offices and agencies, a Corporate Crimes Division …

Beyond Deception: Finding Prudential Boundaries Between Breach Of Contract And Deceptive Trade Practices Act Violations In Wisconsin, Donald R. Stroud Iii

Marquette Law Review

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High-Tech View: The Use Of Immersive Virtual Environments In Jury Trials, Carrie Leonetti, Jeremy Bailenson

Marquette Law Review

This Article makes both empirical and normative claims about the admissibility of immersive-virtual-environment evidence during a jury trial. The empirical claim is that IVE evidence will inevitably enter the American courtroom; the normative one is that this inevitable entrance is a positive development for the jury’s search for truth. It argues that, while the digital projections created by an IVE are not perfectly realistic representations of the objects that they seek to recreate, an IVE can, nonetheless, be a fair and accurate representation of the scene that it represents, as long as an expert witness could lay the appropriate foundation …

Wisconsin Open Records Law After Wiredata: Still Viable To Protect Public Access To Information?, Jessica L. Farley

Marquette Law Review

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Living Property: A New Status For Animals Within The Legal System, David Favre

Marquette Law Review

This Article develops the proposition that non-human animals can possess and exercise legal rights. This proposal is supported by the fact that our legal system already accommodates a number of animal interests within the criminal anti-cruelty laws and civil trust laws. To make a more coherent package of all animal-related public policy issues, it is useful to acknowledge the existence of a fourth category of property, living property. Once separated out from other property, a new area of jurisprudence will evolve, providing legal rights for at least some animals. This Article establishes why animals should receive consideration within the legal …

The False Dilemma Of The Economic Loss Doctrine, Ralph A. Anzivino

Marquette Law Review

A defective product causes various types of damages. The type of damage suffered generally determines whether contract or tort law will govern resolution of the parties’ dispute. Contract law will control when the loss suffered is considered to be solely economic loss. For example, when a machine does not produce the number of parts/minute as warranted by the seller, the loss is solely an economic loss. On the other hand, when a defective product causes personal injury, tort law will be utilized to resolve the dispute. However, when the defective product causes “other property” damage (not economic loss or personal …