Law Commons^™

Without A Will, There Is Still A Way: A Statutory Solution To Increase The Value Of A Small Estate And Aid In Reducing The Racial Equity Gap In Wisconsin, Isabella V. Avila Perez

Marquette Benefits and Social Welfare Law Review

For generations, communities of color have struggled to increase their generational wealth. Lack of access to estate planning tools leaves minority groups and low-income families compromised and more likely to die intestate. While the current probate system creates a safety net for those that die intestate, this comment aims to address the need for a statutory solution to aid in combatting Wisconsin's racial equity gap. More specifically, this Comment suggests how increasing and indexing Wisconsin's summary settlement and summary assignment small estate values to include estates of $100,000 or less will allow for more minority and low-income families to qualify …

Compassion: A Critical Skill For Law Students, Stephanie Smith Ledesma, Ma, Jd, Cwls

Marquette Benefits and Social Welfare Law Review

No abstract provided.

The Joys Of Mentoring, Michael A. Mogill, Jd, Llm

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Wisconsin Law Reinforces White Supremacy Through Article Xiii, Section 3 Of The State Constitution, Felicia L. Owen, Jd

Marquette Benefits and Social Welfare Law Review

No abstract provided.

School-To-Prison Pipeline, Haley Walker

Marquette Benefits and Social Welfare Law Review

This article explores the intersect between mentally ill youth and the juvenile justice system. Mentally ill youth are disproportionately represented at every stage in the juvenile justice system due to their symptoms being mistaken for delinquent behavior. This stems from the legislators reforming the juvenile justice system from rehabilitative to punitive over the years in an attempt to hold delinquent youth accountable for their actions. Federal statutes have been enacted and federally funded programs have been implemented that seek to address the mental health crisis in today’s youth and keep mentally ill youth out of the juvenile justice system. This …

Effects On Employees' Compensation Under The Right To Disconnect, Tyler Jochman

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Table Of Contents

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Protecting Our Protectors: Why Title Vii Should Apply To The Uniformed Military Following The Supreme Court's Decision In Bostock V. Clayton County, Jonathan A. D'Orazio, Jd Candidate, 2022

Marquette Benefits and Social Welfare Law Review

This Note argues that Title VII should apply to uniformed military members following the Supreme Court’s decision in Bostock v. Clayton County, 140 S. Ct. 1731 (2020). Foremost, the current intra‑military remedies uniformed military members may bring a discrimination claim pursuant fail to effectively combat discrimination in the United States military due to several critical deficiencies. This Note demonstrates that the defects within the current intra‑military remedies tacitly permit, rather than discourage, discriminatory conduct.

This Note then examines why the military has historically resisted civilian reform measures to the military justice system. During this examination, this Note argues that …

How Twenty-First Century Technology Affects Inmates' Access To Prison Law Libraries In The United States Prison System, Kelsey Brown

Marquette Benefits and Social Welfare Law Review

In today’s generation America is open 24 hours, 7 days a week. Americans live in an open-all-night society, where with one click, one can buy groceries, watch a 3D movie, bowl a perfect game, and eat pizza all at two in the morning without ever leaving his or her living room. Therefore, is not a stretch to imagine a single digital device, such as a computer or phone, that could hold thousand, if not, millions of books with topics ranging from comedy, fiction, nonfiction, business, cooking, fitness, etc. But most importantly, and one of the focuses of this Comment, are …

One For All? The Use Of Anencephalic Newborns As Organ Donors, Meaghan Mctigue

Marquette Benefits and Social Welfare Law Review

It is a late night in a Wisconsin hospital when a birthing team assembles in an operating room for the birth of a little girl. Unlike the events that surround most births, there was no baby shower, no painstaking assembly of a crib, nor a college fund set-up in preparation of the future. This newborn baby girl is an anencephalic newborn. Her entire life will be only minutes or hours long. However, her parents seek to make her impact last far longer than that with the donation of her organs and tissues. They seek to help those like a little …

The Perils Of Self-Directed Iras, Kathryn Kennedy

Marquette Benefits and Social Welfare Law Review

Individual retirement accounts were created in 1974 as tax-sheltered retirement savings for employees whose employer did not offer an employer-provided retirement vehicle. Since then, they have been used primarily as rollover vehicles, such that amounts accumulated under employer-provided retirement plans can be rolled over into an individual retirement account. This Article examines the perils involved with a rollover IRA owner decides to invest his IRA assets in non-traditional assets.

Predictive Scheduling Is Trending: Is Milwaukee Next?, Kelly J. Lyden

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Protecting The Protectors: Preserving And Enhancing The Rights Of Legal Observers, Erica D. Lunderman

Marquette Benefits and Social Welfare Law Review

None

Advancing A Feasible Solution To Cross-Border Employment Enforcement Mechanisms, Alina Veneziano

Marquette Benefits and Social Welfare Law Review

This study analyzes the prior and current practice of the judiciary in deciding cases of extraterritorial applications of U.S. anti-discrimination statutes, such as Title VII, the ADA, and the ADEA. Specifically, it analyzes when and to what extent courts have applied the protections of these Acts to foreign elements. In 1991, Aramco held that legislation of Congress, unless a contrary intent is shown, is meant to apply only within the territorial borders of the United States. Because of the congressional silence in Title VII, the Supreme Court in Aramco dismissed the case even though it involved a claim of discriminatory …

Title Iii Of The Libertad Act: Proceeding In The Absence Of True Liberty, Luis D. Gutierrez

Marquette Benefits and Social Welfare Law Review

No abstract provided.

Let Go Of Your Sexual Privacy Or Be Let Go? The Woe Of Public Employees, Sofya Bakradze

Marquette Benefits and Social Welfare Law Review

The issue of sexual freedom as a subset of the general right to privacy, while not novel, is still highly controversial both legally and socially. The Circuit Courts of Appeals have yet to agree whether the leading case on the issue, Lawrence v. Texas, 539 U.S. 558 (2003), affirmatively established the fundamental right to sexual privacy. The answer to this question means the difference between a world where off-duty sexual conduct stays private and respected by the government employers and a world where a public employee can be terminated without due process for his or her intimate activities. As a …

An Assessment Of Advance Directives In China: The "Coming Of Age" For Legal Regulation?, Yue An, Mimi Zou

Marquette Benefits and Social Welfare Law Review

Advance directives (AD) are playing an increasingly important role in end-of-life medical care and treatment in ageing societies. A growing number of jurisdictions have introduced AD-related laws as a component of their medical and health care regulatory frameworks. This article presents an analytical account of why specific regulation on ADs has yet to develop in China, the most populous ageing society in the world. We argue that the regulatory vacuum to date can be partly explained by limited public demand, which can be further accounted by relatively low public awareness as well as the influence of traditional views on life-and-death …

Table Of Contents

Marquette Benefits and Social Welfare Law Review

No abstract provided.