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Articles 1 - 30 of 88
Full-Text Articles in Law
Perception, Reputation And Reality: An Empirical Study Of Negotiation Skills, Andrea Kupfer Schneider
Perception, Reputation And Reality: An Empirical Study Of Negotiation Skills, Andrea Kupfer Schneider
Faculty Publications
No abstract provided.
The Effect Of Jandrt On Satellite Litigation, Janine P. Geske, William C. Gleisner Iii
The Effect Of Jandrt On Satellite Litigation, Janine P. Geske, William C. Gleisner Iii
Faculty Publications
No abstract provided.
Tort Liability, Religious Entities, And The Decline Of Constitutional Protection, Scott C. Idleman
Tort Liability, Religious Entities, And The Decline Of Constitutional Protection, Scott C. Idleman
Faculty Publications
This article examines the long-term viability of the First Amendment prohibition on the adjudication of legal actions requiring the resolution of religious questions, such as disputes over theological doctrine, scriptural interpretation, or ecclesiastical law. In particular, the article focuses on tort suits against religious institutions and clergy, often stemming from the latter's alleged misconduct towards congregants or children. Part I contends that the bar on certain tort actions is actually an application of a more general prohibition on the adjudication of religious questions and examines the contours of this prohibition and its specific application in the tort context. Part II …
Property Rights In John Marshall’S Virginia: The Case Of Crenshaw And Crenshaw V. Slate River Company, J. Gordon Hylton
Property Rights In John Marshall’S Virginia: The Case Of Crenshaw And Crenshaw V. Slate River Company, J. Gordon Hylton
Faculty Publications
No abstract provided.
Applying Antitrust Law To Ncaa Regulation Of “Big Time” College Athletics: The Need To Shift From Nostalgic 19th And 20th Century Ideals Of Amateurism To The Economic Realities Of The 21st Century, Matthew J. Mitten
Faculty Publications
No abstract provided.
Editorial Views: Choosing And Death, Alison Mcchrystal Barnes
Editorial Views: Choosing And Death, Alison Mcchrystal Barnes
Faculty Publications
No abstract provided.
Ethics Consult: E-Ethics, Michael K. Mcchrystal
Ethics Consult: E-Ethics, Michael K. Mcchrystal
Faculty Publications
The fit between laws regulating professional ethics and the means of conducting business, particularly telecommunications and computer technology, has become tenuous. Here, McChrystal examines recent legal decisions concerning electronic transmission of information and discusses the impact of Internet messages and e-mail on attorney-client privilege.
Punitive Damages And Business Organizations: A Pathetic Fallacy, John J. Kircher
Punitive Damages And Business Organizations: A Pathetic Fallacy, John J. Kircher
Faculty Publications
No abstract provided.
State Action And The Due Process Of Self-Help: Flagg Bros. Redux, Alan R. Madry
State Action And The Due Process Of Self-Help: Flagg Bros. Redux, Alan R. Madry
Faculty Publications
No abstract provided.
Building A Pedagogy Of Problem-Solving: Learning To Choose Among Adr Processes, Andrea Kupfer Schneider
Building A Pedagogy Of Problem-Solving: Learning To Choose Among Adr Processes, Andrea Kupfer Schneider
Faculty Publications
This essay outlines two areas in which ADR and the pedagogy of ADR remain deficient. The first area is counseling. I argue in this essay that without better counseling prior to, during, and after engaging in ADR processes, the promise of ADR has not been met.
The second issue is the type of counseling and advice that does exist regarding ADR. While ADR proponents argue that ADR makes clients happier, there has not yet been much thought given to analyzing the different potential emotional impacts of the various ADR choices. When we choose and counsel among the ADR processes, we …
Does The Aedpa Apply To A Habeas Petition Filed After An Exhaustion Of State Remedies?, Jay E. Grenig
Does The Aedpa Apply To A Habeas Petition Filed After An Exhaustion Of State Remedies?, Jay E. Grenig
Faculty Publications
No abstract provided.
Can A Public Employer Require Employees To Use Their Comp Time?, Jay E. Grenig
Can A Public Employer Require Employees To Use Their Comp Time?, Jay E. Grenig
Faculty Publications
No abstract provided.
When Must A Capital Jury Be Told That The Defendant Will Be Ineligible For Parole If Sentenced To Life?, Jay E. Grenig
When Must A Capital Jury Be Told That The Defendant Will Be Ineligible For Parole If Sentenced To Life?, Jay E. Grenig
Faculty Publications
No abstract provided.
When Is A State Post-Conviction Application “Properly Filed” Within The Meaning Of The Aedpa?, Jay E. Grenig
When Is A State Post-Conviction Application “Properly Filed” Within The Meaning Of The Aedpa?, Jay E. Grenig
Faculty Publications
No abstract provided.
When Is An Order Compelling Arbitration Subject To Appellate Review Under The Federal Arbitration Act?, Jay E. Grenig
When Is An Order Compelling Arbitration Subject To Appellate Review Under The Federal Arbitration Act?, Jay E. Grenig
Faculty Publications
No abstract provided.
What Constitutes “Property” Under The Federal Mail Fraud Statute?, Ralph C. Anzivino
What Constitutes “Property” Under The Federal Mail Fraud Statute?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
Does The Federal Arbitration Act Apply To Contracts Of Employment?, Ralph C. Anzivino
Does The Federal Arbitration Act Apply To Contracts Of Employment?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
What Constitutes Ineffective Assistance Of Counsel At Sentencing?, Jay E. Grenig
What Constitutes Ineffective Assistance Of Counsel At Sentencing?, Jay E. Grenig
Faculty Publications
No abstract provided.
May Private Individuals Sue A State That Establishes English-Only Policies?, Jay E. Grenig
May Private Individuals Sue A State That Establishes English-Only Policies?, Jay E. Grenig
Faculty Publications
No abstract provided.
When Can A Defendant Challenge His Acca Sentence On The Basis That His Prior State Convictions Were Unconstitutional?, Michael O'Hear
When Can A Defendant Challenge His Acca Sentence On The Basis That His Prior State Convictions Were Unconstitutional?, Michael O'Hear
Faculty Publications
No abstract provided.
The Influence Of Amicus Curiae Briefs On The Supreme Court, Joseph D. Kearney, Thomas W. Merrill
The Influence Of Amicus Curiae Briefs On The Supreme Court, Joseph D. Kearney, Thomas W. Merrill
Faculty Publications
No abstract provided.
The Civil Jury In America: Improving The Jury's Understanding Of A Case, Jay E. Grenig
The Civil Jury In America: Improving The Jury's Understanding Of A Case, Jay E. Grenig
Faculty Publications
No abstract provided.
Will The Fcc Go The Way Of The Icc?, Joseph D. Kearney
Will The Fcc Go The Way Of The Icc?, Joseph D. Kearney
Faculty Publications
No abstract provided.
Can The Police "Impound" A Home While They Seek A Search A Search Warrant?, Ralph C. Anzivino
Can The Police "Impound" A Home While They Seek A Search A Search Warrant?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
Has The Federal Common-Law D'Oench Doctrine Been Preempted?, Ralph C. Anzivino
Has The Federal Common-Law D'Oench Doctrine Been Preempted?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
Global Technology Protection: Moving Past The Treaty, Todd M. Rowe
Global Technology Protection: Moving Past The Treaty, Todd M. Rowe
Marquette Intellectual Property Law Review
This Comment examines whether the conformity achieved by international technology treaties is at the expense of utility. Specifically, the author posits that international agreements do not serve the needs of rich and poor nations alike. Instead, the author advocates for increased autonomy by claiming better solutions will be produced when nations enter bi-lateral agreements. In reaching this conclusion, the Comment analyzes the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) and the problems created for developing nations through global technology protections. The author uses the United States' patent, copyright, and trademark protections as an illustrative example of how successful …
Applying Antitrust Law To Ncaa Regulation Of "Big Time" College Athletics: The Need To Shift From Nostalgic 19th And 20th Century Ideals Of Amateurism To The Economic Realities Of The 21st Century, Matthew J. Mitten
Marquette Sports Law Review
No abstract provided.
Corporate Sponsorships Of Sports And Entertainment Events: Considerations In Drafting A Sponsorship Management Agreement , Gregory J. Heller, Jeffrey A. Hechtman
Corporate Sponsorships Of Sports And Entertainment Events: Considerations In Drafting A Sponsorship Management Agreement , Gregory J. Heller, Jeffrey A. Hechtman
Marquette Sports Law Review
No abstract provided.
A Brief History Of The National Collegiate Athletic Association's Role In Regulating Intercollegiate Athletics, Rodney K. Smith
A Brief History Of The National Collegiate Athletic Association's Role In Regulating Intercollegiate Athletics, Rodney K. Smith
Marquette Sports Law Review
No abstract provided.