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Full-Text Articles in Law

The Overlooked Witness Memory Risk, Sue Provenzano, Sarah Brown-Schmidt Jan 2025

The Overlooked Witness Memory Risk, Sue Provenzano, Sarah Brown-Schmidt

Faculty Publications By Year

No abstract provided.


Into The Thick Of It: Using Antitrust Law To Trim Patent Thickets And Lower The Price Of Prescription Drugs, Nachtrieb, William Jan 2025

Into The Thick Of It: Using Antitrust Law To Trim Patent Thickets And Lower The Price Of Prescription Drugs, Nachtrieb, William

Santa Clara Law Review

What would you do if the only drug that could potentially save your lifeispricedsohighthatyouwouldfacefinancialruintopayforit? For many Americans, this dilemma is not a hypothetical but a reality. Those who decide to follow doctor’s orders and pay for their prescriptions sometimes face crushing financial burden. It is not a secret that the price of pharmaceutical drugs in the United States is crippling for many patients. Indeed, the high price of prescriptions is one of the few issues that has garnered bi-partisan concern, with both Joseph Biden and Donald Trump vowing to fight to lower costs. This Note identifies the practice of “patent …


A Step Forward Or A Step Backwards: An Analysis Of Assembly Bill 333 And Gang Enhancement Sentencing In California, Chang, Hannah Jan 2025

A Step Forward Or A Step Backwards: An Analysis Of Assembly Bill 333 And Gang Enhancement Sentencing In California, Chang, Hannah

Santa Clara Law Review

The prosecution of gang crimes and gang enhancements have historically been a source of racial inequity and disparity within the criminal justice system. In California, this is undoubtedly so, as Hispanic and Black men make up the vast majority of individuals on the CalGang gang database and in California prisons. The state Legislature attempted to address this disparity in gang sentencing by enacting Assembly Bill 333 (AB 333) which redefines what a criminal street gang is under the law. Despite this change, the current language of the bill still falls short of its stated intent and racial disparities continue to …


Table Of Contents Jan 2025

Table Of Contents

Georgia Law Review

No abstract provided.


Tied Together With Covenants: Tying Provisions As The Anti-Hero To Fdic Insurance Limits, Kelly W. Cline Jan 2025

Tied Together With Covenants: Tying Provisions As The Anti-Hero To Fdic Insurance Limits, Kelly W. Cline

Scholarly Works

No abstract provided.


Empirically Testing The "Unbiased Factfinder[S]", Chris Cox Jan 2025

Empirically Testing The "Unbiased Factfinder[S]", Chris Cox

Scholarly Works

No abstract provided.


Copyright, Creativity, And Skill: Authorship And Ai-Assisted Works, Lucas S. Osborn Jan 2025

Copyright, Creativity, And Skill: Authorship And Ai-Assisted Works, Lucas S. Osborn

Scholarly Works

Generative artificial intelligence ("Al") has increasingly become a focal point in legal discussions, raising complex issues across multiple domains, including algorithmic bias, defamation, intellectual property, and privacy. This Article specifically examines the implications of Al-assisted works, with a focus on text-to-image generators, such as Midjourney, that possess the ability to create detailed visual art from simple text prompts. The tools are not, however, limited to simple prompts. Users retain the ability to introduce greater complexity by specifying a host of variables that define the resulting image. Al-assisted art implicates significant legal rights and responsibilities. As to responsibilities: Can the image …


Person-Centered Pluralism About Contract Theory, C. Scott Pryor Jan 2025

Person-Centered Pluralism About Contract Theory, C. Scott Pryor

Scholarly Works

No abstract provided.


Principles Of Legal Writing, Raluca Papadima Jan 2025

Principles Of Legal Writing, Raluca Papadima

Scholarly Works

No abstract provided.


Rationalizing Rape: How Military Appellate Courts Get To Yes, Chris Cox, Ashley Fancher Jan 2025

Rationalizing Rape: How Military Appellate Courts Get To Yes, Chris Cox, Ashley Fancher

Scholarly Works

This study examines how military appellate courts rationalize overturning sexual assault convictions through qualitative analysis of opinions finding factual insufficiency. Drawing from cases between 2017-2020, concerning patterns are identified in judicial reasoning that reflect persistent rape myth acceptance despite decades of statutory reform. The analysis reveals that courts frequently question victim credibility based on delayed reporting, counterintuitive victim behavior, and continued contact with perpetrators - factors that trauma research has shown to be common among sexual assault survivors. Of particular concern is courts' treatment of incapacitation cases, where judges often acknowledge significant victim impairment yet find ways to question consent …


Anti-Discrimination At The Icj: Ukraine, Palestine And The Freedom To Advocate For Human Rights In Canada, Faisal Bhabha Jan 2025

Anti-Discrimination At The Icj: Ukraine, Palestine And The Freedom To Advocate For Human Rights In Canada, Faisal Bhabha

Articles & Book Chapters

In 2024, the ICJ released two judgments that dealt, at least in part, with the International Convention on the Elimination of all Forms of Racial Discrimination (“ICERD”). This is an opportune moment to (1) examine doctrinal developments in international law pertaining to racial discrimination arising from these two judgments; and (2) consider the possible practical implications of these developments. The question that is considered in this paper is whether the ICJ rulings can offer a legal counter-weight to the domestic political pressures that prevent Canada from being clear, credible and consistent in opposing all international human rights abuses.


The Expressive Power Of Protecting Intimate Privacy: A Comparative Study Of Legal And Platform Measures, Danielle Keats Citron, Jonathon W. Penney, Alexis Shore Ingber Jan 2025

The Expressive Power Of Protecting Intimate Privacy: A Comparative Study Of Legal And Platform Measures, Danielle Keats Citron, Jonathon W. Penney, Alexis Shore Ingber

Articles & Book Chapters

Intimate privacy violations exact profound costs to freedom, including chilling victims into silence; denying them sexual agency; and eroding trust critical to intimate expression and sharing. Effective intimate privacy protections could mitigate these harms via law’s expressive function—sending a message or “signal” that victims of intimate privacy invasions are valued, and their expressions worthy of protection. However, without proof, skepticism is warranted about potential expressive functions as there has been an absence of proof to back up these claims. This Article aims to help fill this void, making a theoretical and empirical case for a positive expressive impact of both …


Teaching Cases: How Legal Writing Textbooks Approach The Rule Support Section, Alissa Bauer Jan 2025

Teaching Cases: How Legal Writing Textbooks Approach The Rule Support Section, Alissa Bauer

Faculty Scholarship

No abstract provided.


Football Club Acquisitions And The Markets They Impact, Garry A. Gabison Jan 2025

Football Club Acquisitions And The Markets They Impact, Garry A. Gabison

Marquette Sports Law Review

No abstract provided.


Masthead Jan 2025

Masthead

Marquette Sports Law Review

No abstract provided.


2024 Annual Survey: Recent Developments In Sports Law, Joseph A. Delia, Sydney A. Hardy Jan 2025

2024 Annual Survey: Recent Developments In Sports Law, Joseph A. Delia, Sydney A. Hardy

Marquette Sports Law Review

No abstract provided.


Pennsylvania And Sports Law: Keys To The Keystone State, Adam Epstein Jan 2025

Pennsylvania And Sports Law: Keys To The Keystone State, Adam Epstein

Marquette Sports Law Review

No abstract provided.


From Beginning To Center Field Spotlight: Celebrating 35 Years Of Nsli/Cas Olympic Sport & Arbitration, Richard Mclaren, Sammie Cheng Jan 2025

From Beginning To Center Field Spotlight: Celebrating 35 Years Of Nsli/Cas Olympic Sport & Arbitration, Richard Mclaren, Sammie Cheng

Marquette Sports Law Review

No abstract provided.


Ready, Set, Go: The Race Between The Government, The Constitution, And Racehorses, Erik L. Pedersen Jan 2025

Ready, Set, Go: The Race Between The Government, The Constitution, And Racehorses, Erik L. Pedersen

Marquette Sports Law Review

No abstract provided.


All Bets Are On: It's Time For Wisconsin To Up The Ante And Legalize Mobile Sports Wagering, Nicholas B. Frawley Jan 2025

All Bets Are On: It's Time For Wisconsin To Up The Ante And Legalize Mobile Sports Wagering, Nicholas B. Frawley

Marquette Sports Law Review

No abstract provided.


Table Of Contents Jan 2025

Table Of Contents

Marquette Sports Law Review

No abstract provided.


Constitutional Law Application In The Sport Industry, Barbara Osborne Jan 2025

Constitutional Law Application In The Sport Industry, Barbara Osborne

Marquette Sports Law Review

No abstract provided.


Is The Nhl Not Taking Its ‘Enforcer’ Role Seriously?, Samantha Rice Jan 2025

Is The Nhl Not Taking Its ‘Enforcer’ Role Seriously?, Samantha Rice

Marquette Sports Law Review

No abstract provided.


Masthead Jan 2025

Masthead

Marquette Sports Law Review

No abstract provided.


Table Of Contents Jan 2025

Table Of Contents

Marquette Sports Law Review

No abstract provided.


Private Equity In College Sports: Enthusiastic Partner Or Meddling Force?, Kent Miller Jan 2025

Private Equity In College Sports: Enthusiastic Partner Or Meddling Force?, Kent Miller

Marquette Sports Law Review

No abstract provided.


Sports Law In Law Reviews And Journals, Benjamin C. Coulthard Jan 2025

Sports Law In Law Reviews And Journals, Benjamin C. Coulthard

Marquette Sports Law Review

No abstract provided.


No Student-Athlete Left Behind: Non-Revenue Student-Athlete Status Under The Flsa, Ethan Saberhagen Jan 2025

No Student-Athlete Left Behind: Non-Revenue Student-Athlete Status Under The Flsa, Ethan Saberhagen

Marquette Sports Law Review

No abstract provided.


Leveling The Playing Field Through Collective Bargaining: How The Nlra And The Groundbreaking 2024 Nwsl Cba Could Shape The Wnba’S Impending Cba Negotiations, Benjamin C. Coulthard Jan 2025

Leveling The Playing Field Through Collective Bargaining: How The Nlra And The Groundbreaking 2024 Nwsl Cba Could Shape The Wnba’S Impending Cba Negotiations, Benjamin C. Coulthard

Marquette Sports Law Review

No abstract provided.


The Gym-Pire Strikes Back: Is The Eighth Circuit’S Vacatur Of The Ftc’S Click-To-Cancel Rule The End Of The Regulatory Workout For The Health And Fitness Industry?, Nicholas J. Christopolis Jan 2025

The Gym-Pire Strikes Back: Is The Eighth Circuit’S Vacatur Of The Ftc’S Click-To-Cancel Rule The End Of The Regulatory Workout For The Health And Fitness Industry?, Nicholas J. Christopolis

Marquette Sports Law Review

No abstract provided.