Publications from 1996

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Are Supervisory Law Enforcement Officers Entitled to Overtime Under the Fair Labor Standards Act?, Jay E. Grenig
(1996-97 Term Preview of United States Supreme Court Cases 157 (1996))

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“Brian Degen, Won't You Please Come Home”: Can the Government Seize Millions of Dollars in Property Because Its Owner Will Not Return to the United States for Trial?, Jay E. Grenig
(1995-96 Term Preview of United States Supreme Court Cases 332 (1996))

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For Whom Is the Statute Tolled? May the Doctrine of Equitable Tolling Be Applied to Income Tax Refund Cases?, Jay E. Grenig
(1996-97 Term Preview of United States Supreme Court Cases 162 (1996))

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Wisconsin’s Modified, Modified Comparative Negligence Law, John J. Kircher
(Wisconsin Lawyer, Feb. 1996, at 18)

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Preaching to the Public School Choir: The Establishment Clause, Rachel Bauchman, and the Search for the Elusive Bright Line, Julian R. Kossow
(24 Florida State University Law Review 79 (1996))

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The Need to Reform the "Acceptance of Responsibility" Adjustment, Michael M. O'Hear
(9 Federal Sentencing Reporter 101 (1996))

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Peace Between the Sexes: Law and Gender in Kramer vs. Kramer, David Ray Papke
(30 University of San Francisco Law Review 1199 (1996))

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Threats of Foreign Group Boycotts of American Industry Made in Response to U.S. Government Trade Policy: Illegal Anticompetitive Activity or Protected Lobbying Under the Noerr-Pennington Doctrine?, Michael Peter Waxman
(29 George Washington Journal of International Law & Economics 659 (1996))

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Performing in a Racially Hostile Environment, Phoebe Weaver Williams
(6 Marquette Sports Law Journal 287 (1996))

Publications from 1995

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The Policy and Politics of Community-Based Long-Term Care, Alison Barnes
(19 Nova Law Review 487 (1995)

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Challenging a Just-Completed Prison Sentence While Serving Another: Is the Prisoner in Custody for Purposes of Seeking Federal Habeas Corpus Relief?, Jay E. Grenig
(1994-95 Term Preview of United States Supreme Court Cases 340 (1995))

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“I Love a Parade”: Can a Group's Participation in a Privately Organized Parade be Compelled?, Jay E. Grenig
(1994-95 Term Preview of United States Supreme Court Cases 336 (1995))

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“Let Me Count the Ways”!: Is There a Constitutional Basis for Telling the Secretary of Commerce to Make an Upward Statistical Revision in the Census?, Jay E. Grenig
(1995-96 Term Preview of United States Supreme Court Cases 190 (1995))

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Removal, Remand, and Review: The Three Rs of Appellate “Nonreview”, Jay E. Grenig
(1995-96 Term Preview of United States Supreme Court Cases 8 (1995))

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When Due Process Is Due: The Courts and Labor Arbitration, Jay E. Grenig
(1995 Detroit College of Law Review 889)

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Dolan v. City of Tigard, Takings Law, and the Supreme Court: Throwing the Baby Out with the Floodwater, Julian R. Kossow
(14 Stanford Environmental Law Journal 215 (1995))

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Analytic Deconstructionism? The Intellectual Voyeurism of Anthony D'Amato, Alan R. Madry
(63 Fordham Law Review 1033 (1995))

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University Price Competition for Elite Students and Athletes: Illusions and Realities, Matthew J. Mitten
(36 South Texas Law Review 59 (1995))

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Ethics and the Law School: The Confusion Persists, Peter K. Rofes
(8 Georgetown Journal of Legal Ethics 981 (1995))

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Getting In: The Why and the How of It, Peter K. Rofes
(1995 Utah Law Review 1097 (1995))

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Law School and the Constitution, Peter K. Rofes
(23 Florida State University Law Review 71 (1995))

Publications from 1994

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The Clinton Court Is Open for Business: The Business Law Jurisprudence of Justice Stephen Breyer, Edward A. Fallone
(59 Missouri Law Review 857 (1994))

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“California Dreamin'”: May a State Limit Its Welfare Benefits Based on Length of Residency?, Jay E. Grenig
(1994-95 Term Preview of United States Supreme Court Cases 201 (1994))

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Disabled Employees Versus Reluctant Employers: Who Wins When the Evidence Is Equal?, Jay E. Grenig
(1993-94 Term Preview of United States Supreme Court Cases 286 (1994))

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Ideology as Interpretation: A Reply to Professor Greene's Theory of the Religion Clauses, Scott C. Idleman
(1994 University of Illinois Law Review 337)

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The Religious Freedom Restoration Act: Pushing the Limits of Legislative Power, Scott C. Idleman
(73 Texas Law Review 247 (1994))

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Private Accountability and the Fourteenth Amendment; State Action, Federalism and Congress, Alan R. Madry
(59 Missouri Law Review 499 (1994))

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The Hidden Ball: A Substantive Critique of Baseball Metaphors in Judicial Opinions, Chad M. Oldfather
(27 Connecticut Law Review 17 (1994))

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Eugene Debs as Legal Heretic: The Law-Related Conversion, Catechism and Evangelism of an American Socialist, David Ray Papke
(63 University of Cincinnati Law Review 339 (1994))

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The Black Panther Party's Narratives of Resistance, David Ray Papke
(18 Vermont Law Review 645 (1994))

Publications from 1993

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Scientific Evidence in Wisconsin After Daubert, Daniel Blinka
(Wisconsin Lawyer, Nov. 1993, at 10)

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Neither Liberal Nor Laissez Faire: A Prediction of Justice Ginsburg's Approach to Business Law Issues, Edward A. Fallone
(1993 Columbia Business Law Review 279 (1993))

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Computing Time, James D. Ghiardi
(Wisconsin Lawyer, March 1993, at 16)

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Can a Federal Court Block the Enforcement Action of a Federal Administrative Agency Before the Agency Has Reviewed the Action?, Jay E. Grenig
(1993-94 Term Preview of United States Supreme Court Cases 19 (1993))

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What Triggers the Time Period for Applying for Attorney's Fees Under the EAJA in Social Security Benefits Cases?, Jay E. Grenig
(1992-93 Term Preview of United States Supreme Court Cases 312 (1993))

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Winners, Losers, and Attorney's Fees: Who Pays and When?, Jay E. Grenig
(1993-94 Term Preview of United States Supreme Court Cases 73 (1993))

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AIDS and Athletics, Matthew J. Mitten
(3 Seton Hall Journal of Sport Law 5 (1993))

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Team Physicians and Competitive Athletes: Allocating Legal Responsibility for Athletic Injuries, Matthew J. Mitten
(55 University of Pittsburgh Law Review 129 (1993))

Publications from 1992

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Beyond Guardianship Reform: A Reevaluation of Autonomy and Beneficence for a System of Principled Decision-Making in Long Term Care, Alison Patrucco Barnes
(41 Emory Law Journal 633 (1992))

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Can Filing an Appellate Brief Satisfy the Federal Rules for Filing a Notice of Appeal?, Jay Grenig
(1991-92 Term Preview of United States Supreme Court Cases 165 (1992))

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Does the Imposition of Pension Plan Withdrawal Liability on an Employer Constitute a Taking of Property Without Due Process?, Jay E. Grenig
(1992-93 Term Preview of United States Supreme Court Cases 145 (1992))

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Lawyers and Loyalty, Michael K. McChrystal
(33 William & Mary Law Review 367 (1992))

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Privacy, Family Autonomy, and the Maltreated Child, Judith G. McMullen
(75 Marquette Law Review 569 (1992))

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The Inherent Limitations of After-the-Fact Statutes Dealing with the Emotional and Sexual Maltreatment of Children, Judith G. McMullen
(41 Drake Law Review 483 (1992))

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Amateur Athletes with Handicaps or Physical Abnormalities: Who Makes the Participation Decision?, Matthew J. Mitten
(71 Nebraska Law Review 987 (1992))

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Sports Participation by "Handicapped" Athletes, Matthew J. Mitten
(Entertainment & Sports Lawyer, Spring 1992, at 15)

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Public Law, Private School: Choice, the Constitution, and Some Emerging Issues, Peter K. Rofes
(21 Journal of Law and Education 503 (1992))

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Can Governmental Action Shield Otherwise Commercial Activity Under the Foreign Sovereign Immunities Act?, Michael P. Waxman
(1992-93 Term Preview of United States Supreme Court Cases 137 (1992))

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Suspicionless Drug Testing After Skinner and Von Raab: Constitutional Adjudication in the Courts of Appeals, Phoebe Weaver Williams
(40 University of Kansas Law Review 733 (1992))

Publications from 1991

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Legal Research Tools for the Nebraska Practitioner: An Annotated Bibliography, Patricia A. Cervenka and Sally H. Wise
(70 Nebraska Law Review 519 (1991))

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Article 3 Demand Notes and the Doctrine of Good Faith, Carolyn M. Edwards
(74 Marquette Law Review 481 (1991))

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Reflecting on Changes in Legal Education: Marquette’s Expanding Resources Help Improve the Profession, Practitioners, James D. Ghiardi
(Wisconsin Lawyer, Sept. 1991, at 52)

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Must an Employer Arbitrate Grievances Involving Layoffs after the Expiration of the Collective Bargaining Agreement?, Jay E. Grenig
(1990-91 Term Preview of United States Supreme Court Cases 283 (1991))

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The Dismissal of Employees in the United States, Jay E. Grenig
(130 International Labour Review 569 (1991))

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The Removal of Work from Bargaining Unit Employees: The Supreme Court, the Board and Arbitrators, Jay E. Grenig
(27 Willamette Law Review 595 (1991))

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The Devil's Disciple and the Learned Profession: Ambrose Bierce and the Practice of Law in Gilded Age America, J. Gordon Hylton
(23 Connecticut Law Review 705 (1991))

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The Judge Who Abstained in Plessy v. Ferguson: Justice David Brewer and the Problem of Race, J. Gordon Hylton
(61 Mississippi Law Journal 315 (1991))

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Virginia and the Ratification of the Bill of Rights, J. Gordon Hylton
(25 University of Richmond Law Review 433 (1991))

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Book Review: Making all the Difference, Judith G. McMullen
(74 Marquette Law Review 253 (1991))

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On Stopping and Restarting the Race: A Response to Malloy’s Law and Economics, David Ray Papke
(42 Syracuse Law Review 209 (1991))

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The Responsible Law School, Peter K. Rofes
(74 Marquette Law Review 119 (1991))

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The Comparative Legal Process Throughout the Law School Curriculum: A Modest Proposal for Culture and Competence in a Pluralistic Society, Michael P. Waxman
(74 Marquette Law Review 391 (1991))

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A Black Woman's Voice: The Story of Mabel Raimey, "Shero", Phoebe Weaver Williams
(74 Marquette Law Review 345 (1991))

Publications from 1990

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Punitive Damages: State Extraction Practice Is Subject to Eighth Amendment Limitations, James D. Ghiardi
(26 Tort & Insurance Law Journal 119 (1990))

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The Marquette Lawyer, James D. Ghiardi
(74 Marquette Law Review 91 (1990))

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Does the LMRA Preempt a State Wrongful Death Action that Charges a Union with Negligent Safety Inspections?, Jay E. Grenig
(1989-90 Term Preview of United States Supreme Court Cases 371 (1990))

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Is a Union Official Who Has Been Convicted of Embezzling Union Funds Entitled to Collect His Pension Benefits?, Jay E. Grenig
(1989-90 Term Preview of United States Supreme Court Cases 186 (1990))

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Must a Federal Agency Negotiate with its Employees' Union over Grievance Procedures Relating to Contracting Out Work?, Jay E. Grenig
(1989-90 Term Preview of United States Supreme Court Cases 266 (1990))

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Must the Army Negotiate Salaries with a Union Representing Teachers at a School for Army Dependents?, Jay E. Grenig
(1989-90 Term Preview of United States Supreme Court Cases 268 (1990))

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What Happens to Unresolved Grievances When the Grievance Procedure Does Not Provide for Binding Arbitration?, Jay E. Grenig
(1990-91 Term Preview of United States Supreme Court Cases 52 (1990))

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Whose Interpretation of Occupational Health and Safety Regulations is Entitled to Deference?, Jay E. Grenig
(1990-91 Term Preview of United States Supreme Court Cases 104 (1990))

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Judicial Candor: Do as We Say, Not as We Do, John J. Kircher
(73 Marquette Law Review 421 (1990))

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Legitimizing Realities: State-Based Bar Admission, National Standards, and Multistate Practice, Michael K. McChrystal
(3 Georgetown Journal of Legal Ethics 533 (1990))

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Family Support of the Disabled: A Legislative Proposal to Create Incentives to Support Disabled Family Members, Judith G. McMullen
(23 University of Michigan Journal of Law Reform 439 (1990))

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Discharge as Denouement: Appreciating the Storytelling of Appellate Opinions, David Ray Papke
(40 Journal of Legal Education 145 (1990))

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Governmental Drug Testing: Critique and Analysis of Fourth Amendment Jurisprudence, Phoebe Weaver Williams
(8 Hofstra Labor Law Journal 1 (1990))

Publications from 1989

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Delusion or Despair: The Concept of Limited Admissibility in the Law of Evidence, Daniel D. Blinka
(13 American Journal of Trial Advocacy 781 (1989))

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Evidence of Character, Habit, and "Similar Acts" in Wisconsin Civil Litigation, Daniel D. Blinka
(73 Marquette Law Review 283 (1989))

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Does the NLRB Have Exclusive Jurisdiction over Claims of Discriminatory Job Referrals?, Jay E. Grenig
(1989-90 Term Preview of United States Supreme Court Cases 14 (1989))

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May a Federal Employee Sue a Union in Federal Court for Breach of the Duty of Fair Representation?, Jay E. Grenig
(1988-89 Term Preview of United States Supreme Court Cases 233 (1989))

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Must a Railroad Bargain with Its Employees Before Selling Its Rail Lines?, Jay E. Grenig
(1988-89 Term Preview of United States Supreme Court Cases 401 (1989))

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When Can a Grievance Arbitrator Apply Outside Law?, Jay E. Grenig
(18 Journal of Law and Education 515 (1989))

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Who is Entitled to Subsidized Early Retirement Benefits When a Pension Plan is Terminated?, Jay E. Grenig
(1988-89 Term Preview of United States Supreme Court Cases 253 (1989))

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Can Indirect Purchasers Recover Damages Under State Antitrust Laws?, Ramon A. Klitzke
(1988-89 Term Preview of United States Supreme Court Cases 284 (1989))

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Rhetoric and Retrenchment: Agrarian Ideology and American Bankruptcy Law, David Ray Papke
(54 Missouri Law Review 871 (1989))

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Are Bribes of Foreign Officials Precluded from Judicial Review?, Michael Peter Waxman
(1989-90 Term Preview of United States Supreme Court Cases 131 (1989))

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Who Pays for the Iran-United States Claims Tribunal?, Michael Peter Waxman
(1989-90 Term Preview of United States Supreme Court Cases 43 (1989))

Publications from 1988

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Florida Guardianship and the Elderly: The Paradoxical Right to Unwanted Assistance, Alison Barnes
(40 University of Florida Law Review 949 (1988))

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The Various Human Rights in Healthcare, Alison Barnes and Michael McChrystal
(Human Rights, Fall 1998, at 12)

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The "Especially Heinous” Standard: Objective Guidance in Capital Cases?, Daniel Blinka
(1987-88 Term Preview of United States Supreme Court Cases 428 (1988))

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Waiver of Double Jeopardy Protection and Guilty Plea: How Final is a Bad Deal?, Daniel Blinka
(1988-89 Term Preview of United States Supreme Court Cases 10 (1988))

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When Appealing is Unappealing: A Look at the Constitutionality of Anders Structures, Daniel Blinka
(1987-88 Term Preview of United States Supreme Court Cases 214 (1988))

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Punitive Damage Awards - An Expanded Judicial Role, James D. Ghiardi
(72 Marquette Law Review 33 (1988))

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Can You Opt Out of the Federal Arbitration Act by Agreeing to Abide by State Arbitration Laws?, Jay E. Grenig
(1988-89 Term Preview of United States Supreme Court Cases 134 (1988))

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Did Amtrak Derail an Employee's Right to Union Representation?, Jay E. Grenig
(1987-88 Term Preview of United States Supreme Court Cases 378 (1988))

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What Limitations Period Applies to a Suit Brought by a Union Member Against a Union Under the LMRDA?, Jay E. Grenig
(1988-89 Term Preview of United States Supreme Court Cases 80 (1988))

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When Can a Union Ask Consumers Not to Shop at a Shopping Mall?, Jay E. Grenig
(1987-88 Term Preview of United States Supreme Court Cases 203 (1988))

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When is an Employer's Violation of the Fair Labor Standards Act “Willful?", Jay E. Grenig
(1987-88 Term Preview of United States Supreme Court Cases 265 (1988))

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Patent Licensing: Concerted Action by Licensees, Ramon A. Klitzke
(13 Delaware Journal of Corporate Law 459 (1988))

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On the Road Again: Driving Through the Barriers to International Litigation, Michael P. Waxman
(1987-88 Term Preview of United States Supreme Court Cases 337 (1988))