Law Commons^™

Exile On Main Street: Competing Traditions And Due Process Dissent, Colin Starger

Marquette Law Review

Everybody loves great dissents. Professors teach them, students learn from them, and journalists quote them. Yet legal scholars have long puzzled over how dissents actually impact the development of doctrine. Recent work by notable empirical scholars proposes to measure the influence of dissents by reference to their subsequent citation in case law. This Article challenges the theoretical basis for this empirical approach and argues that it fails to account for the profound influence that uncited dissents have exerted in law. To overcome this gap in the empirical approach, this Article proposes an alternative method that permits analysis of contextual and …

Balancing Legal Process With Scientific Expertise: Expert Witness Methodology In Five Nations And Suggestions For Reform Of Post-Daubert U.S. Reliability Determinations, Andrew W. Jurs

Marquette Law Review

In a recent article on science and the law, Susan Haack suggested that “we could learn something from the experiences of other nations that are equally technologically advanced, but have different . . . legal arrangements.” Her suggestion is both appropriate and timely, as the evidence mounts on the problems with the current judicial management of complex science.

This Article starts with a simple, related premise, that the proper balance of legal process and scientific expertise is not a uniquely American problem. If this is true, then we should, as Haack suggests, seek inspiration for reform in the varying methodologies …

The Earned Release Revolution: Early Assessments And State-Level Strategies, Jesse J. Norris

Marquette Law Review

Reacting to widespread budget crises, many states are experimenting with earned release (also known as “early release”) legislation to help cut correctional costs. This earned release revolution is a stark reversal of earlier trends toward determinate sentencing. Implementing earned release policies appropriately could help bring about a new sentencing era characterized by lower rates of incarceration and higher levels of public safety. However, earned release is potentially vulnerable to abuse and prone to backlash, and must be planned and implemented carefully to avoid endangering the public, fostering injustice, or failing to realize hoped-for budgetary savings.

This Article outlines a set …

Codifying The Flores Settlement Agreement: Seeking To Protect Immigrant Children In U.S. Custody, Rebeca M. López

Marquette Law Review

The increase in enforcement actions undertaken by the federal government over the last thirty years has resulted in a broad net of enforcement that has captured vulnerable populations not previously subjected to detention, such as non-criminal immigrant children and their families. The detained children have been subjected to inhumane conditions and abuse by federal authorities and contractors. Unfortunately, few procedural safeguards exist to protect these children. For this reason, the United States government’s treatment of non-criminal immigrant children who are in detention and removal proceedings is of paramount concern.

Since 1997, the treatment of children in federal custody has been …

Visit Of Justice Elena Kagan, Marquette University Law School

Marquette Law Review

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Marquette University Law School Hooding Ceremony, Diane S. Sykes

Marquette Law Review

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The Fog Of War Reform: Change And Structure In The Law Of Armed Conflict After September 11, Peter Margulies

Marquette Law Review

Salim Hamdan’s conviction in a military commission for material support of Al Qaeda separates utilitarians, who generally defer to state power, from protective theorists, who seek to shield civilians by curbing official discretion. Utilitarians view military commissions as efficient means for trying suspected terrorists. Protective theorists criticize the amorphous nature of material support charges.

The clash between utilitarians and protective theorists colors other issues, including “enhanced” interrogation and limits on targeting. Protective theorists merit praise for their scrutiny of interrogation. In contrast, utilitarians have trivialized interrogation abuses. However, protective theorists’ scrutiny of states is burdened by hindsight bias. Failing to …

Volume 95, Summer 2012 Masthead, Marquette University Law School

Marquette Law Review

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Supervising Discrimination: Reflections Of The Interstate Commerce Act In The Broadband Debate, James B. Speta

Marquette Law Review

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Resolving The Ip Disconnect For Small Businesses, Leah Chan Grinvald

Marquette Law Review

Small businesses are an important component of the American economy. In fact, the jobs created by small businesses could assist the United States in overcoming its most recent economic downturn. Paradoxically, though, the failure rate of small businesses is quite high. Although various factors contribute to this high failure rate, one of the factors the U.S. government has focused on has been the disproportionate impact that intellectual property laws, policies, and their enforcement may have on small businesses. While the U.S. government has paid attention to the impact of domestic intellectual property laws on small businesses, the government has paid …

Dying To Be Free: An Analysis Of Wisconsin's Restructured Compassionate Release Statute, Nicole M. Murphy

Marquette Law Review

In 2009, the Wisconsin Legislature enacted comprehensive criminal sentencing reforms under 2009 Wisconsin Act 28 in an effort to shrink the State’s swollen corrections budget and reduce the impending multi-billion dollar deficit. However, the new early release procedures sparked bitter partisan debate among state leaders, culminating in the repeal of the early release amendments a mere two years later. This Comment focuses on one of the early release amendments reserved for ill and elderly inmates, termed “compassionate release.” The Comment traces the history of compassionate release legislation in Wisconsin and outlines arguments in support and opposition of the program. The …

Foreword: The Last Assembly Of Interstate Commerce Act Lawyers, Joseph D. Kearney

Marquette Law Review

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The Interstate Commerce Act, Administered Contracts, And The Illusion Of Comprehensive Regulation, Thomas W. Merrill

Marquette Law Review

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Volume 95, Spring 2012 Masthead, Marquette University Law School

Marquette Law Review

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Volume 95, Spring 2012 Table Of Contents, Marquette University Law School

Marquette Law Review

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Foreword, Andrea Kupfer Schneider

Marquette Law Review

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Panel Discussion - Core Values Of Dispute Resolution: Is Neutrality Necessary?, Bernard Mayer, Joseph B. Stulberg, Lawrence Susskind, John Lande

Marquette Law Review

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Must A Mediator Be Neutral? You'd Better Believe It!, Joseph B. Stulberg

Marquette Law Review

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What We Talk About When We Talk About Neutrality: A Commentary On The Susskind-Stulberg Debate, 2011 Edition, Bernie Mayer

Marquette Law Review

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The Current Transitional State Of Court-Connected Adr, Nancy A. Welsh

Marquette Law Review

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Lawyer Colonization Of Family Mediation: Consequences And Implications, Debra Berman, James Alfini

Marquette Law Review

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Adr And The Courts: Renewing Our Commitment To Innovation, Julie Macfarlane

Marquette Law Review

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Remodeling The Multi-Door Courthouse To "Fit The Forum To The Folks": How Screening And Preparation Will Enhance Adr, Timothy Hedeen

Marquette Law Review

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Look Before You Leap: Court System Triage Of Family Law Cases Involving Intimate Partner Violence, Nancy Ver Steegh, Gabrielle Davis, Loretta Frederick

Marquette Law Review

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Court-Connected Adr — A Time Of Crisis, A Time Of Change, Yishai Boyarin

Marquette Law Review

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Someone's Afoot: Wisconsin's Foreign Guardianship Transfer Law, Kurt M. Simatic

Marquette Law Review

Due to a “grayer” and more mobile population with diminished mental capacities, the subject of interstate guardianships is attracting much-needed attention. In 2006, Wisconsin’s landmark guardianship reform included a process by which guardians and their wards could transfer their guardianships established in other states to Wisconsin. The statutory provisions providing for these “foreign guardianships” were a step in the right direction. However, the reality of transferring foreign guardianships and modifying them to comply with Wisconsin law has proved troublesome.

This Comment will focus on how Wisconsin’s foreign guardianship transfer law developed, the shortcomings in the law that have arisen over …

The Inconsistent Inheritance Rights Of Adult Adoptees And A Proposal For Uniformity, Jackie Messler

Marquette Law Review

As summarized by the comparison of laws in Wisconsin, Illinois, Indiana, and Minnesota, the inheritance rights of adult adoptees vary across jurisdictions. The inheritance rights of an adult adoptee will depend on the status of the stranger-to-the-adoption rule in the jurisdiction, the age limitations for inheritance in the jurisdiction, and whether there is any language granting or restricting inheritance rights in the testamentary documents. The majority of the time, the goal of the adoption is to make the person a genuine member of the family. As it stands, states do not uniformly treat adult adoptees as genuine members of the …

Volume 96, Winter 2012 Masthead, Marquette University Law Review

Marquette Law Review

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Volume 96, Winter 2012 Table Of Contents, Marquette University Law Review

Marquette Law Review

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Lifting The Veil On Rigorous Rational Basis Scrutiny, Miranda Oshige Mcgowan

Marquette Law Review

In many different cases, the Supreme Court and lower courts have used a rigorous form of rational basis scrutiny very different from the ordinary, deferential rational basis scrutiny taught in constitutional law courses. When invoked, this more rigorous form of rational basis scrutiny has proven fatal to statutes and regulations. Many scholars and courts have described how courts apply it and have defended particular cases in which it has been used. No one, however, has explained just why and when courts will or ought to apply it. This gap is troublesome and pressing. Rigorous rational basis scrutiny is an important …