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Articles 1 - 27 of 27
Full-Text Articles in Law
When Does Big Law Work?, Abraham J.B. Cable
When Does Big Law Work?, Abraham J.B. Cable
Marquette Law Review
Law firms have grown from hundreds of lawyers to thousands of lawyers, and the conventional wisdom is that this trend fuels dissatisfaction among lawyers. This Article scrutinizes that conventional wisdom based on interviews with lawyers who joined large firms through law-firm mergers. These lawyers offer a valuable perspective on firm size because they made abrupt changes from small to large firms. Though some interviewees echoed the conventional wisdom, others suggested that larger firm size has limited or even positive effects on professional satisfaction. In one counter-narrative, large law firms are relatively diffuse organizations that have limited influence over individual lawyers. …
The Past And The Present: Stare Decisis In Wisconsin Law, Daniel R. Suhr, Kevin Leroy
The Past And The Present: Stare Decisis In Wisconsin Law, Daniel R. Suhr, Kevin Leroy
Marquette Law Review
None
The Exculpatory Contract And Public Policy, Ralph C. Anzivino
The Exculpatory Contract And Public Policy, Ralph C. Anzivino
Marquette Law Review
Across the country, lawyers have searched for the magic formula to draft an exculpatory contract that would successfully exculpate their client in the event someone was injured while participating in a recreational activity sponsored by the client. Some examples of events would include snow skiing, swimming at a guest-only pool, horseback riding, white-water rafting, camping, running in a marathon, visiting a haunted house at Halloween, or a myriad of other events. The uniform standard by which the enforceability of these exculpatory clauses is measured is whether the exculpatory contract is against public policy.
The public policy of any state can …
Title Ix And Title Vii: Parallel Remedies In Combatting Sex Discrimination In Educational Employment, Lynn Ridgeway Zehrt
Title Ix And Title Vii: Parallel Remedies In Combatting Sex Discrimination In Educational Employment, Lynn Ridgeway Zehrt
Marquette Law Review
The federal circuit courts of appeals are divided over the proper relationship between Title IX of the Higher Education Amendments Act of 1972 and Title VII of the Civil Rights Act of 1964. Specifically, the federal courts disagree over whether an employee of an educational institution may sue her employer for employment discrimination under either Title IX or Title VII. Some courts have concluded that these employees may not bring employment discrimination claims under Title IX, holding that Title VII provides the sole avenue for obtaining monetary relief for employment discrimination against educational institutions. Other courts have reached the opposite …
The Interrogations Of Brendan Dassey, Brian Gallini
The Interrogations Of Brendan Dassey, Brian Gallini
Marquette Law Review
On March 1, 2006, a pair of detectives interrogated sixteen-year-old Brendan Dassey—one of two defendants prominently featured in the 2015 Netflix series Making a Murderer—for several hours about his role in the October 31, 2005, disappearance of photographer Teresa Halbach. The prosecution introduced statements obtained during that interrogation at Dassey’s trial. With no corroborating physical evidence, those statements—including that Dassey cut Halbach’s throat—played a significant role in his conviction for Halbach’s murder.
Following his conviction, Dassey’s appellate arguments about the legitimacy of his confession focused on his March 1, 2006, confession. Most recently, his petition for a writ of certiorari …
Why Are Seemingly Satisfied Female Lawyers Running For The Exits? Resolving The Paradox Using National Data, Joni Hersch, Erin E. Meyers
Why Are Seemingly Satisfied Female Lawyers Running For The Exits? Resolving The Paradox Using National Data, Joni Hersch, Erin E. Meyers
Marquette Law Review
Despite the fact that women are leaving the practice of law at alarmingly high rates, most previous research finds no evidence of gender differences in job satisfaction among lawyers. This Article uses nationally representative data from the 2015 National Survey of College Graduates to examine gender differences in lawyers’ job satisfaction, and finds that any apparent similarity of job satisfaction between genders likely arises from dissatisfied female JDs sorting out of the legal profession at higher rates than their male counterparts, leaving behind the most satisfied women. This Article also provides a detailed examination of the specific working conditions that …
Dying Constitutionalism And The Fourteenth Amendment, Ernest A. Young
Dying Constitutionalism And The Fourteenth Amendment, Ernest A. Young
Marquette Law Review
None
The Living Constitution And Moral Progress: A Comment On Professor Young's Boden Lecture, David A. Strauss
The Living Constitution And Moral Progress: A Comment On Professor Young's Boden Lecture, David A. Strauss
Marquette Law Review
None
Bitcoin, Virtual Currencies, And The Struggle Of Law And Regulation To Keep Pace
Bitcoin, Virtual Currencies, And The Struggle Of Law And Regulation To Keep Pace
Marquette Law Review
At less than a decade old, Bitcoin and other virtual currencies have had a major societal impact, and proven to be a unique payment systems challenge for law enforcement, financial regulatory authorities worldwide, and the investment community. Rapid introduction and diffusion of technological changes throughout society, such as the blockchain that serves as Bitcoin’s crypto-foundation, continue to exceed the ability of law and regulation to keep pace. During 2017 alone, the market price of Bitcoin rose 1,735%, from about $970 to $14,292, causing an investor feeding frenzy. As of September 11, 2018, a total of 1,935 cryptocurrencies are reported, having …
"I Had A Lakehouse In Tahoe": The Legal Ramifications Of California Tapping Lake Tahoe And How It Affects Homeowners, Gregory Stratz
"I Had A Lakehouse In Tahoe": The Legal Ramifications Of California Tapping Lake Tahoe And How It Affects Homeowners, Gregory Stratz
Marquette Law Review
none
Disgorging Emoluments, Caprice L. Roberts
Disgorging Emoluments, Caprice L. Roberts
Marquette Law Review
This Article is about unjust enrichment. It includes a theory of an unjust
enrichment cause of action against executive actors who receive unlawful
emoluments. Interpretations of the boundaries of unlawful emoluments range
from receipt of a gift or benefit because of the position of power held to quid
pro quo exchanges of a thing of value in exchange for government information
or advantage. Wherever the proper line, the purpose of the law of unjust
enrichment is to prevent and undo benefits one has no right to retain. It
achieves those goals with the use of restitution remedies including
disgorgement of …
When Less Is More: The Limitless Potential Of Limited Scope Representation To Increase Access To Justice For Low- To Moderate-Income Individuals, Kristy D'Angelo-Corker
When Less Is More: The Limitless Potential Of Limited Scope Representation To Increase Access To Justice For Low- To Moderate-Income Individuals, Kristy D'Angelo-Corker
Marquette Law Review
Both attorneys and judges take an oath to promote justice for all, however,
that is not the case in our current system. The world we live in today looks
incredibly different than it did just a few years ago and, as a result, the practice
of law must adapt to meet the changing needs of individuals in this new era.
Notably, the access to justice problem, specifically affecting low- to moderateincome
individuals, requires a shift in the availability of legal services
provided. Limited scope representation, which has been accepted by the
American Bar Association for 20+ years, where an attorney …
Political Parties And Constitutional Fidelity
Political Parties And Constitutional Fidelity
Marquette Law Review
In the aftermath of the 2016 presidential election, fewer themes have received more attention from scholars and public commentators than political polarization. However, given the recent focus on tension and conflict in contemporary American society, the present also seems an especially appropriate moment to investigate those fundamental structures that have successfully worked in the opposite direction to bind and stabilize the American polity. The goal of this paper is precisely this task, and to emphasize the centrality of one particular structure that has played such a stabilizing function: the political parties. Parties are often invoked in discussions of political polarization. …
Ok, Google, Will Artificial Intelligence Replace Human Lawyering?, Melissa Love Koenig, Julie A. Oseid, Amy Vorenberg
Ok, Google, Will Artificial Intelligence Replace Human Lawyering?, Melissa Love Koenig, Julie A. Oseid, Amy Vorenberg
Marquette Law Review
Will Artificial Intelligence (AI) replace human lawyering? The answer is
no. Despite worries that AI is getting so sophisticated that it could take over
the profession, there is little cause for concern. Indeed, the surge of AI in the
legal field has crystalized the real essence of effective lawyering. The lawyer’s
craft goes beyond what AI can do because we listen with empathy to clients’
stories, strategize to find the story that might not be obvious, thoughtfully use
our imagination and judgment to decide which story will appeal to an audience,
and creatively tell those winning stories.
This Article reviews …
Supreme Silence And Precedential Pragmatism: King V. Burwell And Statutory Interpretation In The Federal Courts Of Appeals, Michael J. Cedrone
Supreme Silence And Precedential Pragmatism: King V. Burwell And Statutory Interpretation In The Federal Courts Of Appeals, Michael J. Cedrone
Marquette Law Review
This Article studies statutory interpretation as it is practiced in the federal
courts of appeal. Much of the academic commentary in this field focuses on the
Supreme Court, which skews the debate and unduly polarizes the field. This
Article investigates more broadly by looking at the seventy-two federal
appellate cases that cite King v. Burwell in the two years after the Court issued
its decision. In deciding that the words “established by the State” encompass
a federal program, the Court in King reached a pragmatic and practical result
based on statutory scheme and purpose at a fairly high level of …
A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell
A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell
Marquette Law Review
Removing children from their parents is child welfare’s most drastic
intervention. Research clearly establishes the profound and irreparable
damage family separation can inflict on children and their parents. To ensure
that this intervention is only used when necessary, a complex web of state and
federal constitutional principles, statutes, administrative regulations, judicial
decisions, and agency policies govern the removal decision. Central to these
authorities is the presumption that a healthy and robust child welfare system
keeps families together, protects children from harm, and centers on the needs
of children and their parents.
Yet, research and practice—supported by administrative data—paint a
different …
"No Person . . . Shall Ever Be Molested On Account Of His Mode Of Worship Or Religious Sentiments . . . .": The Northwest Ordinance Of 1787 And Strader V. Graham, Allan W. Vestal
Marquette Law Review
The Article looks at the first article of compact of the Northwest Ordinance,
the religious liberty guarantee: “No person . . . shall ever be molested on
account of his mode of worship or religious sentiments . . . .” Congress
provided that the Northwest Ordinance articles of compact would “forever
remain unalterable.” But in a fugitive slave case from 1851, Strader v. Graham,
Chief Justice Roger Taney declared the articles of compact to be no longer in
force.
In evaluating Chief Justice Taney’s reasoning, the question posed at the
dawn of the 20th Century by historian Professor Andrew McLaughlin …
The Parent Trap: Equality, Sex, And Partnership In The Modern Law Firm, Miranda Mcgowan
The Parent Trap: Equality, Sex, And Partnership In The Modern Law Firm, Miranda Mcgowan
Marquette Law Review
The fight for women’s equality in law has achieved a lot. Women have
made up nearly half of law students and law firm associates for the last two
decades. Despite this progress, the partnership ranks of law firms are
profoundly and intolerably sex segregated and will remain so for the
foreseeable future. Our profession, which has fought for and helped to achieve
legal equality on behalf of so many, is itself dogged by intractable inequality.
A standard set of solutions, which address structural barriers within law firms
and the effects of cognitive biases, have been urged for decades and yet …
Out Of The Home And In Plain Sight: Our Evolving Second Amendment And Open Carry In Wisconsin, Lance Duroni
Out Of The Home And In Plain Sight: Our Evolving Second Amendment And Open Carry In Wisconsin, Lance Duroni
Marquette Law Review
none
A Masterpiece Of Simplicity: Toward A Yoderian Free Exercise Framework For Wedding-Vendor Cases, Austin Rogers
A Masterpiece Of Simplicity: Toward A Yoderian Free Exercise Framework For Wedding-Vendor Cases, Austin Rogers
Marquette Law Review
The Free Exercise Clause was enacted to protect diverse modes of religious
practice. Yet certain expressions of free exercise have entailed concomitant
harm to those outside the religious community, especially LGBTQ persons.
This trend has been acutely present in the recent onslaught of wedding-vendor
cases: LGBTQ persons seek the enforcement of statutorily protected rights,
while religious objectors seek refuge from state intrusion under constitutional
shelter. Consequently, wedding-vendor cases present an area of law in which
free-exercise jurisprudence and anti-discrimination jurisprudence have been
clashing.
However, despite the primacy of religious freedom and equal protection in
American jurisprudence, courts analyze wedding-vendor cases …
Hallows Lecture: Ambition And Aspiration: Living Greatly In The Law, Lee H. Rosenthal
Hallows Lecture: Ambition And Aspiration: Living Greatly In The Law, Lee H. Rosenthal
Marquette Law Review
none
Turning Wisconn Valley Into The Next Silicon Valley: Reforming Wisconsin Non-Compete Law To Attract High-Tech Employers, Kelly Krause
Turning Wisconn Valley Into The Next Silicon Valley: Reforming Wisconsin Non-Compete Law To Attract High-Tech Employers, Kelly Krause
Marquette Law Review
The July 2017 arrival of Taiwanese tech-giant Foxconn and the
establishment of the Wisconn Valley Science and Technology Park in Wisconsin
reflects a larger trend in the United States to reinvent the nation’s
manufacturing economy with high-tech production. High-tech employers have
substantial interests in retaining employees in order to protect their valuable
proprietary information and market share. Non-compete agreements, also
known as restrictive covenants or covenants not to compete, are often the legal
device used to secure these interests. This Comment argues that to attract and
retain employers in the tech industry, Wisconsin should reform its non-compete
law by adopting …
Bias In The Boardroom: Implicit Bias In The Selection And Treatment Of Women Directors
Bias In The Boardroom: Implicit Bias In The Selection And Treatment Of Women Directors
Marquette Law Review
In light of the stagnation in growth of women directors on corporate boards, board diversity advocates and corporate leaders should look to the role implicit gender bias plays in the board nomination process and in challenges women directors face while serving on boards. Relevant stakeholders often overlook how implicit bias barriers prevent women from reaching the boardroom and persist as obstacles once women directors have earned their seats on the board. Incorporating social psychological research on implicit bias and recognized strategies to work around bias, such as objective assessments and guidelines, data analytics, and accountability mechanisms, this Article encourages companies …
Mens Rea In Comparative Perspective
Mens Rea In Comparative Perspective
Marquette Law Review
This Essay compares and contrasts the American and civilian approaches to mens rea. The comparative analysis generates two important insights. First, it is preferable to have multiple forms of culpability than to have only two. Common law bipartite distinctions such as general and specific intent fail to fully make sense of our moral intuitions. The same goes for the civilian distinction between dolus (intent) and culpa (negligence). Second, attitudinal mental states should matter for criminalization and grading decisions. Nevertheless, adding attitudinal mental states to our already complicated mens rea framework may end up confusing juries instead of helping them. As …
Attorney-Client Privilege And The Kovel Doctrine: Should Wisconsin Extend The Privilege To Communications With Third-Party Consultants?
Marquette Law Review
In today’s marketplace, the way that corporations conduct business is drastically changing, and lawyers are increasingly relying on third-party consultants, such as accountants or investment bankers, to facilitate them in providing accurate legal advice to corporate clients. Despite this reliance, whether the attorney–client privilege protects the communications between an attorney and a third-party consultant is often questioned. In United States v. Kovel, the Second Circuit found that the attorney–client privilege extended to communications between an attorney and a third-party consultant who acted as an interpreter. However, both federal and state courts have since split over the proper scope of the …
Securing The Nation Or Entrenching The Board? The Evolution Of Cfius Review Of Corporate Acquisitions, Amy Deen Westbrook
Securing The Nation Or Entrenching The Board? The Evolution Of Cfius Review Of Corporate Acquisitions, Amy Deen Westbrook
Marquette Law Review
The Committee on Foreign Investment in the United States (CFIUS), which reviews transactions based on national security concerns, has recently become critical to the operation of the U.S. economy. In March of 2018, CFIUS review led to the prohibition of Broadcom Limited’s acquisition of Qualcomm Corp., which would have been the largest technology merger in history. In August of 2018, CFIUS was dramatically expanded with the enactment of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). Major transactions must now reckon with the uncertainties of CFIUS review.
Created over thirty years ago as a reporting and monitoring committee, …