Publications from 2004

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Are All of the Act's Requirements for Attorney Fee Applications Jurisdictional in Nature?, Jay E. Grenig
(2003-04 Term Preview of United States Supreme Court Cases 245 (2004))

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How Can a Prison Inmate Challenge the Procedures for Carrying Out His Imminent Execution?, Jay E. Grenig
(2003-04 Term Preview of United States Supreme Court Cases 334 (2004))

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Taking and Using Depositions Before Action or Pending Appeal in Federal Court, Jay E. Grenig
(27 American Journal of Trial Advocacy 451 (2004))

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When Can a U.S. Court Order Production of Materials for Use in a Foreign Authority's Investigation?, Jay E. Grenig
(2003-04 Term Preview of United States Supreme Court Cases 386 (2004))

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Multiculturalism and the Future of Tribal Sovereignty, Scott C. Idleman
(35 Columbia Human Rights Law Review 589 (2004))

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The Origins of the American Public Trust Doctrine: What Really Happened in Illinois Central, Joseph D. Kearney and Thomas W. Merrill
(71 University of Chicago Law Review 799 (2004))

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Book Review: Every Writer’s Guide to Copyright and Publishing Law 3d ed., Ramon A. Klitzke
(Wisconsin Lawyer, Sept. 2004, at 22)

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The Vulnerability of Using Tax Incentives in Wisconsin, Vada Waters Lindsey
(88 Marquette Law Review 107 (2004))

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Wisconsin Tax Policy: Serious Flaws, Compelling Solutions, Michael K. McChrystal
(88 Marquette Law Review 1 (2004))

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Federalism and Drug Control, Michael M. O'Hear
(57 Vanderbilt Law Review 783 (2004))

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Localization and Transparency in Sentencing: Reflections on the New Early Disposition Departure, Michael M. O'Hear
(27 Hamline Law Review 357 (2004))

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Sentencing the Green-Collar Offender: Punishment, Culpability, and Environmental Crime, Michael M. O'Hear
(95 Journal of Criminal Law & Criminology 133 (2004))

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Appellate Courts, Historical Facts, and the Civil-Criminal Distinction, Chad M. Oldfather
(57 Vanderbilt Law Review 437 (2004))

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Crusading Hero, Devoted Teacher, and Sympathetic Failure: The Self-Image of the Law Professor in Hollywood Cinema and in Real Life, Too, David Ray Papke
(28 Vermont Law Review 957 (2004))

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Aspirations in Negotiation, Andrea Kupfer Schneider
(87 Marquette Law Review 675 (2004))

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Introduction: Catching Up with the Major-General: The Need for a "Canon of Negotiation", Andrea Kupfer Schneider and Christopher Honeyman
(87 Marquette Law Review 637 (2004))

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Getting to the Nexus of the Matter: A Sliding Scale Approach to Faculty-Student Consensual Relationship Policies in Higher Education, Paul M. Secunda
(55 Syracuse Law Review 55 (2004))

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A Mosquito in the Ointment: Adverse HIPAA Implications for Health-Related Remote Sensing Research and a "Reasonable" Solution, Paul M. Secunda
(30 Journal of Space Law 251 (2004))

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Politics Not as Usual: Inherently Destructive Conduct, Institutional Collegiality, and the National Labor Relations Board, Paul M. Secunda
(32 Florida State University Law Review 51 (2004))

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Teachable Moments for Teachers…Teaching Students About the Legal Reader: The Reader Who Won’t Be Taken for a Ride, Jessica E. Slavin
(12 Perspectives: Teaching Legal Research & Writing 168 (2004))

Publications from 2003

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The Supreme Court Sets the Standard: Drug Testing at the Interscholastic Level, Paul M. Anderson
(4 Texas Review of Entertainment & Sports Law 1 (2003))

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Are California's Milk Pricing Regulations Exempt from Scrutiny Under Both the Commerce and Privilege and Immunities Clauses?, Ralph C. Anzivino
(2002-03 Term Preview of United States Supreme Court Cases 431 (2003))

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Does the Contract Disputes Act Apply to Contracts Between the National Park Service and Private Concessioners?, Ralph C. Anzivino
(2002-03 Term Preview of United States Supreme Court Cases 252 (2003))

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An Assessment of Medicaid Planning, Alison Barnes
(3 Houston Journal of Health Law & Policy 265 (2003))

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Gypsy Law: Romani Legal Traditions and Culture (Book Review), Alison Barnes
(86 Marquette Law Review 823 (2003))

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The Liberty and Property of Elders: Guardianship and Will Contests as the Same Claim, Alison Barnes
(11 Elder Law Journal 1 (2003))

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What Counsel for the Ward Can Learn From Will Contests, Alison McChrystal Barnes
(Elder’s Advisor, Winter 2003, at 50)

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“This Germ of Rottedness”: Federal Trials in the New Republic, 1789-1807, Daniel D. Blinka
(36 Creighton Law Review 135 (2003))

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Trial by Jury on the Eve of Revolution: The Virginia Experience, Daniel D. Blinka
(71 UMKC Law Review 529 (2003).)

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Experienced Director, New Job: Some Tips to Aid the Transition, Patricia A. Cervenka
(14 Trends in Law Library Management & Technology 3 (2003))

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Secrecy in Settlements: A Counterpoint, Melissa L. Greipp, J. Ric Gass, and Thomas K. Mullins
(Wisconsin Lawyer, Dec. 2003, at 6)

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Are Local Governmental Entities Subject to Qui Tam Actions Under the False Claims Act?, Jay E. Grenig
(2002-03 Term Preview of United States Supreme Court Cases 201 (2003))

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Does the Participation of a Non-Article III Judge Render a Circuit Court Panel's Judgment Invalid?, Jay E. Grenig
(2002-03 Term Preview of United States Supreme Court Cases 333 (2003))

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Must the Independent Counsel's Office Disclose Photographs of Vincent Foster's Body?, Jay E. Grenig
(2003-04 Term Preview of United States Supreme Court Cases 112 (2003))

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Should a Disability Benefits Claimant Be Allowed to Show that Her Previous Occupation Is Obsolete?, Jay E. Grenig
(2003-04 Term Preview of United States Supreme Court Cases 27 (2003))

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When Would It Violate Public Policy to Require a Party to Arbitrate a RICO Claim?, Jay E. Grenig
(2002-03 Term Preview of United States Supreme Court Cases 266 (2003))

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A Foul Ball in the Courtroom: The Baseball Spectator Injury as a Case of First Impression, J. Gordon Hylton
(38 Tulsa Law Review 485 (2003))

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The Charitable Contribution Deduction: A Historical Review and a Look to the Future, Vada Waters Lindsey
(81 Nebraska Law Review 1056 (2003))

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Cooperation and Accountability After the Feeney Amendment, Michael M. O'Hear
(16 Federal Sentencing Reporter 102 (2003))

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Statutory Interpretation and Direct Democracy: Lessons from the Drug Treatment Initiatives, Michael M. O'Hear
(40 Harvard Journal on Legislation 281 (2003))

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Mr. District Attorney: The Prosecutor During the Golden Age of Radio, David Ray Papke
(34 University of Toledo Law Review 781 (2003))

Publications from 2002

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A Cart That Accommodates: Using Case Law to Understand the ADA, Sports, and Casey Martin, Paul M. Anderson
(1 Virginia Sports & Entertainment Law Journal 211 (2002))

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Can an Employer Reject an Applicant Because the Workplace Would Threaten His Health?, Ralph C. Anzivino
(2001-02 Term Preview of United States Supreme Court Cases 274 (2002))

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Does the Federal Boat Safety Act Preempt State Common-Law Tort Claims?, Ralph C. Anzivino
(2002-03 Term Preview of United States Supreme Court Cases 19 (2002))

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When Does Organized Protest Activity Violate the Racketeer Influenced and Corrupt Organizations Act?, Ralph C. Anzivino
(2002-03 Term Preview of United States Supreme Court Cases 175 (2002))

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From the Editor, Alison Barnes
(Elder's Advisor, Winter 2002, at iii.)

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From the Editor: Budget Games in Times of Fiscal Restraint, Alison Barnes
(Elder's Advisor, Spring 2002, at iii.)

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The Virtues of Corporate and Professional Guardians, Alison Barnes
(31 Stetson Law Review 941 (2002))

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Trademark Exhaustion in the European Union: Community-Wide or International? The Saga Continues, Irene Calboli
(6 Marquette Intellectual Property Law Review 47 (2002))

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Can a State Waive Its Immunity by Removing a Case from State to Federal Court?, Jay E. Grenig
(2001-02 Term Preview of United States Supreme Court Cases 246 (2002))

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Can the Disparate Impact Method of Proving Discrimination Establish an ADEA Violation?, Jay E. Grenig
(2001-02 Term Preview of United States Supreme Court Cases 304 (2002))

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The Civil Docket: From Civil Rights to Social Security, Jay E. Grenig
(2001-02 Term Preview of United States Supreme Court Cases 433 (2002))

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When Can a State Agency Use a Child's Social Security Benefits to Pay for Foster Care Expenses?, Jay E. Grenig
(2002-03 Term Preview of United States Supreme Court Cases 135 (2002))

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When Can the NLRB Sanction an Employer for Filing a Losing Retaliatory Lawsuit?, Jay E. Grenig
(2001-02 Term Preview of United States Supreme Court Cases 387 (2002))

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When Should a Court Rather Than an Arbitrator Decide Whether a Claim Is Arbitrable?, Jay E. Grenig
(2002-03 Term Preview of United States Supreme Court Cases 4 (2002))

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The Long and Arduous Journey to Truth-in-Sentencing in Wisconsin, Thomas J. Hammer
(15 Federal Sentencing Reporter 15 (2002))

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Religious Premises, Legislative Judgments, and the Establishment Clause, Scott C. Idleman
(12 Cornell Journal of Law and Public Policy 1 (2002))

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The Print Media and Judicial Elections: Some Case Studies from Wisconsin, Joseph D. Kearney and Howard B. Eisenberg
(85 Marquette Law Review 593 (2002))

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National Uniformity/Local Uniformity: Reconsidering the Use of Departures to Reduce Federal-State Sentencing Disparities, Michael M. O'Hear
(87 Iowa Law Review 721 (2002))

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The New Politics of Sentencing, Michael M. O'Hear
(15 Federal Sentencing Reporter 3 (2002))

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When Voters Choose the Sentence: The Drug Policy Initiatives in Arizona, California, Ohio, and Michigan, Michael M. O'Hear
(14 Federal Sentencing Reporter 337 (2002))

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Shattering Negotiation Myths: Empirical Evidence on the Effectiveness of Negotiation Style, Andrea Kupfer Schneider
(7 Harvard Negotiation Law Review 143 (2002))

Publications from 2001

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Protection of the Athlete’s Identity: The Right of Publicity, Endorsements and Domain Names, Paul M. Anderson and J. Thomas McCarthy
(11 Marquette Sports Law Review 195 (2001))

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Legislative Watch: State Bar Urges Adoption of UCC Revised Article 9, Ralph Anzivino
(Wisconsin Lawyer, Feb. 2001, at 22)

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Are the States' "Prevailing Wage Laws" Constitutional?, Ralph C. Anzivino
(2000-01 Term Preview of United States Supreme Court Cases 260 (2001))

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Reorganization of the Professional Sports Franchise, Ralph C. Anzivino
(12 Marquette Sports Law Review 9 (2001))

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Should the “Product Liability Loss” Deduction Be Calculated on a Consolidated Basis for an Affiliated Group?, Ralph C. Anzivino
(2000-01 Term Preview of United States Supreme Court Cases 302 (2001))

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What Triggers the Statute of Limitations for Violations of the Fair Credit Reporting Act?, Ralph C. Anzivino
(2001-02 Term Preview of United States Supreme Court Cases 17 (2001))

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Envisioning a Future for Age and Disability Discrimination Claims, Alison Barnes
(35 University of Michigan Journal of Law Reform 263 (2001))

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From the Editor, Alison Barnes

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From the Editor, Alison Barnes
(Elder's Advisor, Fall 2001, at iii.)

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From the Editor, Alison Barnes
(Elder's Advisor, Spring 2001, at iii.)

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From the Editor, Alison Barnes
(Elder's Advisor, Summer 2001, at iii.)

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The Americans With Disabilities Act and the Aging Athlete After Casey Martin, Alison M. Barnes
(12 Marquette Sports Law Review 67 (2001))

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Reflections on the Accident at Miller Park and the Prosecution of Work-Related Fatalities in Wisconsin, Edward A. Fallone
(12 Marquette Sports Law Review 105 (2001))

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Arbitration of Olympic Eligibility Disputes: Fair Play and the Right to be Heard, Jay E. Grenig
(12 Marquette Sports Law Review 261 (2001))

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Can a Worker's Arbitration Agreement Prevent the EEOC from Seeking Victim-Specific Relief?, Jay E. Grenig
(2001-02 Term Preview of United States Supreme Court Cases 8 (2001))

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Can the FCC Regulate the Placement of Wireless Equipment and Internet Service Attachments on Utility Poles?, Jay E. Grenig
(2001-02 Term Preview of United States Supreme Court Cases 12 (2001))

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Does the “Income First” Rule in the Wisconsin Spousal Impoverishment Statute Conflict with Federal Law?, Jay E. Grenig
(2001-02 Term Preview of United States Supreme Court Cases 127 (2001))

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Must the Alleged RICO “Person” and the Alleged RICO “Enterprise” Be Distinct Under § 1962(c)?, Jay E. Grenig
(2000-01 Term Preview of United States Supreme Court Cases 359 (2001))

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When Is Failing to Advise a Defendant of His Right to Counsel Harmless Error?, Jay E. Grenig
(2001-02 Term Preview of United States Supreme Court Cases 89 (2001))

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Baseball Cards and the Birth of the Right of Publicity: The Curious Case of Haelan Laboratories v. Topps Chewing Gum, J. Gordon Hylton
(12 Marquette Sports Law Review 273 (2001))

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Ellison as Social Critic: A Party Down at the Square and the Problem of Lynching, J. Gordon Hylton
(26 Oklahoma City University Law Review 1009 (2001))

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The Historical Origins of Professional Baseball Grievance Arbitration, J. Gordon Hylton
(11 Marquette Sports Law Review 175 (2001))

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Religious Freedom and the Interscholastic Athlete, Scott C. Idleman
(12 Marquette Sports Law Review 295 (2001))

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Of Judicial Supremacy and Academic Inadequacy, Scott C. Idleman
(18 Constitutional Commentary 5 (2001))

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The Emergence of Jurisdictional Resequencing in the Federal Courts, Scott C. Idleman
(87 Cornell Law Review 1 (2001))

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School Expulsions: Not All Are Equal, Alison Julien and Patricia Engel
(Wisconsin Lawyer, Oct. 2001, at 10)

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Golf and Torts: An Interesting Twosome, John J. Kircher
(12 Marquette Sports Law Review 347 (2001))

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The Widening Gap Under the Internal Revenue Code: The Need for Renewed Progressivity, Vada Waters Lindsey
(5 Florida Tax Review 1 (2001))

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Statewide School Athletic Associations and Constitutional Liability; Brentwood Academy v. Tennessee Secondary School Athletic Association, Alan R. Madry
(12 Marquette Sports Law Review 365 (2001))

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Privacy in Sports: Recent Developments in the Federal Courts, Michael K. McChrystal
(12 Marquette Sports Law Review 397 (2001))

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The Privacy of Elders, Michael K. McChrystal
(Elder’s Advisor, Spring 2001, at 22)

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Father (or Mother) Knows Best: An Argument Against Including Post-Majority Educational Expenses in Court-Ordered Child Support, Judith G. McMullen
(34 Indiana Law Review 343 (2001))

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The Professional Athlete: Issues in Child Support, Judith G. McMullen
(12 Marquette Sports Law Review 411 (2001))

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Foreword, Matthew J. Mitten
(12 Marquette Sports Law Review 1 (2001))

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Blue-Collar Crimes/White-Collar Criminals: Sentencing Elite Athletes Who Commit Violent Crimes, Michael M. O'Hear
(12 Marquette Sports Law Review 427 (2001))

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Athletes in Trouble with the Law: Journalistic Accounts for the Resentful Fan, David Ray Papke
(12 Marquette Sports Law Review 449 (2001))

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Law, Cinema, and Ideology: Hollywood Legal Films of the 1950s, David Ray Papke
(48 UCLA Law Review 1473 (2001))

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Lawyer Fiction in the Saturday Evening Post: Ephraim Tutt, Perry Mason, and Middle-Class Expectations, David Ray Papke
(13 Cardozo Studies in Law & Literature 207 (2001))