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Marquette Law Scholarly Commons

Marquette Law Scholarly Commons

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    Content Posted in 2020

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    2019 Annual Survey: Recent Developments in Sports Law, Audrey Johnson

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    2019 Master of the Game: Dean Emeritus Frank C. DeGuire

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    23-2 Board of Editors

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    23-2 Errata

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    23-2 Table of Contents

     

    A Case Law Survey of the Impact of RLUIPA on Land Use Regulation, Lucien J. Dhooge

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    A Cure Worse than the Disease? The Impact of Removal on Children and Their Families, Vivek Sankaran, Christopher Church, and Monique Mitchell

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    A Masterpiece of Simplicity: Toward a Yoderian Free Exercise Framework for Wedding-Vendor Cases, Austin Rogers

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    A Mathematical Solution to the Sine of Madness that is Pharmaceutical Compulsory Licensing Under the TRIPS Agreement and the Doha Declaration, Ashley E. Sperbeck

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    An Assessment of Advance Directives in China: The "Coming of Age" for Legal Regulation?, Yue An and Mimi Zou

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    Application of the UAAA, RUAAA, and State Athlete-Agent Laws to Corruption in Men's College Basketball and Revisions Necessitated by NCAA Rule Changes, Joshua Lens

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    Appraisal Confusion: The Intended and Unintended Consequences of Delaware's Nascent Pristine Deal Process Standard, Alex Peña and Brian JM Quinn

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    A Prescription for Teaching the Law of Reasonable Religious and Disability Accommodation, Kerri Lynn Stone

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    Artificial Intelligence, Copyright, and Copyright Infringement

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    A Thirty-Year Retrospective of Legal Developments Impacting College Athletics, Timothy Davis

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    Balancing Mickey Mouse and the Mutant Copyright: To Copyright a Trademark or to Trademark a Copyright, That is the Question

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    Balancing SORNA and the Sixth Amendment: The Case for a "Restricted Circumstance-Specific Approach", John F. Howard

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    Believing Survivors: In Veterans Affairs Benefits Claims, No In-Service Report is Required to Prove an Instance of Military Sexual Trauma, Allysen Adrian

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    Board of Editors

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    Can “IMFcoin” be Scaruffi's Moneta Immaginaria?, Alexander M. Heideman

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    Cannabis Legalization in State Legislatures: Public Health Opportunity and Risk, Daniel G. Orenstein and Stanton A. Glantz

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    Collateral Consequences for Justice-Involved Youth: A Model Approach to Reducing the Number of Collateral Consequences, Jennica Janssen

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    Comment: Microchipping Employees and Privacy Implications - Does My Boss Know Where I am Right Now?, Samuel E. Simpson

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    Comment: Queer Womyn of Color and Employment Discrimination Law in Wisconsin - Does Wisconsin Law Do Enough to Lift Anxiety?, Amber Lara

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    Comment: Unconstitutional Accountability in the Department of Veterans Affairs, Ian Pomplin

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    Community Supervision And Violent Offenders: What The Research Tells Us And How To Improve Outcomes, Edward J. Latessa and Myrinda Schweitzer

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    Constructive Trusts and Fraudulent Transfers: When Worlds Collide, David G. Carlson

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    Criminalizing Match-Fixing as America Legalizes Sports Gambling, Jodi S. Balsam

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    Determining Patent Worthlesseness for Tax Purposes

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    Disgorging Emoluments, Caprice L. Roberts

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    Dying Constitutionalism and the Fourteenth Amendment, Ernest A. Young

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    Esports and its Reinforcement of Gender Divides, Kruthika N. S.

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    Finding a Forest Through the Trees: Georgia-Pacific as Guidance for Arbitration of International Compulsory Licensing Disputes, Karen McKenzie

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    First Draft Pick or Benched Indefinitely? The Future of the Single-Entity Doctrine in Sports Antitrust, Luke Archer

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    Focused Deterrence Violence Prevention At Community And Individual Levels, Edmund F. McGarrell

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    Foreward: Wedding Cakes, Religion, and Sexual Orientation Discrimination, Paul M. Secunda

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    Fully Funded Pensions, Jonathan Barry Forman

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    Growing Up Behind Bars: Pathways To Desistance For Juvenile Lifers, Laura S. Abrams, Kaylyn Canlione, and D. Michael Applegarth

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    Hallows Lecture: Ambition and Aspiration: Living Greatly in the Law, Lee H. Rosenthal

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    Here Comes a New Challenger! Esports and California AB 5, Patrick Hankins

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    High Risk, Not Hopeless: Correctional Intervention For People At Risk For Violence, Jennifer L. Skeem and Devon L. L. Polaschek

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    How Circuits Can Fix Their Splits, Wyatt G. Sassman

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    How Courts in Criminal Cases Respond to Childhood Trauma, Deborah W. Denno

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    If the Law Can Allow Takebacks, Shouldn't it Also Allow Hackbacks?

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    "I Had a Lakehouse in Tahoe": The Legal Ramifications of California Tapping Lake Tahoe and how it Affects Homeowners, Gregory Stratz

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    Immigration And Violent Crime: Triangulating Findings Across Diverse Studies, Michael T. Light and Isabel Anadon

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    Index: Sports Law in Law Reviews and Journals, Audrey Johnson

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    Index: Sports Law in Law Reviews and Journals, Alexandra Zdunek and Andrew Guzek

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    Kentucky and Sports Law, Adam Epstein

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    Labeling Violence, Cecelia Klingele

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    "Leave Me My Name!": Why Competitive Keyword Advertising is an Ethical Landmine for Attorneys, Skylar R. Croy

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    Legal Implications of Conducting Background Checks on Intercollegiate Student Athletes, Jeffrey F. Levine, Alicia M. Cintron, and Kristy L. McCray

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    Legal Responses To Violent Crime: Does Research Support Alternatives To Long-Term Incarceration?, Michael O'Hear

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    Legal Responses To Violent Crime: Does Research Support Alternatives To Long-Term Incarceration?, Michael M. O'Hear

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    Lessons Learned From Texas' Special Education Cap, Raj Salhotra

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    Masthead

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    May They Play: Soule v. Connecticut Association of Schools, Inc., Title IX, and a Policy of Inclusion for High School Transgender Athletes Without Prerequiring Hormone Therapy or Puberty Blockers, Dylan O. Malagrino

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    No Cake for You: Discrimination, Dignity, and Refusals to Serve, William D. Araiza

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    "No Person . . . Shall Ever Be Molested on Account of His Mode of Worship or Religious Sentiments . . . .": The Northwest Ordinance of 1787 and Strader v. Graham, Allan W. Vestal

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    Not a Taboo Use of Tattoos: Why Using Unauthorized Replicas of Professional Athlete Tattoos in Video Games Constitutes Fair Use, John R. Faulkner III

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    Ochlocracy: Are We There Yet?, Garry Wills

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    OK, Google, Will Artificial Intelligence Replace Human Lawyering?, Melissa Love Koenig, Julie A. Oseid, and Amy Vorenberg

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    One Chuck, Two Chuck: Analyzing Whether Federally Registered Trademarks Should be Distinguished From Unregistered, Common-Law Trademarks in the Context of Converse, Inc. v. International Trade Commission, McKenzie Subart

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    On The Edge: The ADA's Direct Threat Defense and the Objective Reasonableness Standard, Jarod S. Gonzalez

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    Opting into Device Regulation in the Face of Uncertain Patentability, Rebecca S. Eisenberg

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    Out of the Home and in Plain Sight: Our Evolving Second Amendment and Open Carry in Wisconsin, Lance Duroni

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    Preventing Sexual Violence: Alternatives To Worrying About Recidivism, Eric S. Janus

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    Property and Equity in Trademark Law, Mark P. McKenna

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    Protecting Wisconsinites from Trolls: The Federal Circuit's "Bad Faith" Preemption and its Restrictive Effect, Andrew Salomone

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    Questions of Trust, Betrayal, and Authorial Control in the Avant-Garde: the Case of Julius Eastman and John Cage, Toni Lester

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    Reconceptualizing Access to Justice, Katherine S. Wallat

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    Reducing Recidivism In Serious And Violent Youthful Offenders: Fact, Fiction, And A Path Forward, Megan Kurlychek and Alysha Gagnon

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    Robbery, Recidivism, And The Limits Of The Criminal Justice System, Richard Wright, William J. Sabol, and Thaddeus L. Johnson

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    Scènes à Faire in Music: How an Old Defense is Maturing, And How It can be Improved, Torrean Edwards

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    Securing the Nation or Entrenching the Board? The Evolution of CFIUS Review of Corporate Acquisitions, Amy Deen Westbrook

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    Setting Up Dates With Death? The Law and Economics of Extreme Sports Sponsoring in a Comparative Perspective, Horst Eidenmüller

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    Sex, Religion, and Politics, or the Future of Healthcare Antidiscrimination Law, Elizabeth Sepper and Jessica L. Roberts

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    Sign or Else: Employment Arbitration in the Wake of an Epic Decision, Brendan Williams

     

    Social Media Use and Viewpoint Discrimination: A First Amendment Judicial Tightrope Walk with Rights and Risk Hanging in the Balance, Kathleen McGarvey Hidy

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    Solving the Problem of Social Cost Through Legislative Pressure: A Case Study of the Coase Theorem as Applied to the College Basketball Shoe Scandal, Stephen F. Ross and Miles J. Gueno

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    Sports Law in Law Reviews and Journals, Audrey Johnson

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    Stadium Development: Special Treatment From Special Legislation, Caleb Tomaszewski

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    Supreme Silence and Precedential Pragmatism: King v. Burwell and Statutory Interpretation in the Federal Courts of Appeals, Michael J. Cedrone

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    Tfue v. FaZe Clan and Newly Created Players Associations: What Has Happened and How Will it Impact the Future of Esports?, Chase Cripe

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    The Adidas College Basketball Scandal and Its Aftermath, Austin Malinowski

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    The ADR Loophole to Restrictive Non-Compete Agreements, Jad Itani

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    The Baylor Clause: Report Or Be Fired, Martin J. Greenberg, Andrew Mentzer, and Madeline Wergin

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    The Exculpatory Contract and Public Policy, Ralph C. Anzivino

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    The Growing Gender/Religion Divide, Marcia L. McCormick

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    The Impact Of Incarceration On The Risk Of Violent Recidivism, Jennifer E. Copp

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    The International Religious Freedom Act: Non-State Actors and Freedom From Sovereign Government Control, Robert C. Blitt

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    The Interrogations of Brendan Dassey, Brian Gallini

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    The Living Constitution and Moral Progress: A Comment on Professor Young's Boden Lecture, David A. Strauss

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    The Logic of Speech and Religion Rights in the Public Workplace, Scott R. Bauries

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    The Only Game in Town: An Examination of the NCAA's Anticompetitive Conduct, Taylor Skaggs

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    The Parent Trap: Equality, Sex, and Partnership in the Modern Law Firm, Miranda McGowan

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    The Past and the Present: Stare Decisis in Wisconsin Law, Daniel R. Suhr and Kevin LeRoy

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    The Sincerely Religious Corporation, Richard Carlson

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    The Teachers' Strike of 2018 in Historical Perspective, Joseph Slater

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    The Trademark Dilution Revision Act's Nullifying Effect on Famous Mark Holder's Dilution Claims, Kathleen Bodenbach

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    Three Strikes and You're Outta Here! Minor League Baseball Cities' Potential to Bring Unfair and Deceptive Trade Practice Claim in the Face of MLB Contraction, Michael Viverito

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    Title IX and Title VII: Parallel Remedies in Combatting Sex Discrimination in Educational Employment, Lynn Ridgeway Zehrt

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    Tribal Sovereign Immunity as a Defense at the Patent Trial and Appeal Board? Or a Violation of U.S. Antitrust Laws?, Samantha Roth

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    Turning Wisconn Valley into the Next Silicon Valley: Reforming Wisconsin Non-Compete Law to Attract High-Tech Employers, Kelly Krause

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    Violence Reduction Using The Principles Of Risk-Need-Responsivity, Faye S. Taxman

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    Violence Risk Assessment: Current Status And Contemporary Issues, Sarah L. Desmarais and Samantha A. Zottola

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    Violent Crime And Media Coverage In One City: A Statistical Snapshot, Michael O'Hear

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    Violent Crime And Media Coverage In One City: A Statistical Snapshot, Michael M. O'Hear

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    Violent Crime And Punitiveness: An Empirical Study Of Public Opinion, Michael O'Hear and Darren Wheelock

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    Violent Crime And Punitiveness: An Empirical Study Of Public Opinion, Michael M. O'Hear and Darren Wheelock

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    Violent Offending, Desistance, And Recidivism, Daniel O'Connell, Christy Visher, and Lin Liu

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    Volume 23-1 Board of Editors

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    Volume 23-1 Table of Contents

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    What are we to do with Deposit Copies?, Sadie Zurfluh

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    What is the Trade-Off: Are New Trade Deals Worth the Changes to Pharmaceutical Patents?

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    What The FMLA Can Learn From ERISA: The Doctrine of Equitable Estoppel, Michael Van Kleunen

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    What The Numbers Say About How To Reduce Imprisonment: Offenses, Returns, and Turnover, Pamela Oliver

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    When Does Big Law Work?, Abraham J.B. Cable

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    When Food is a Weapon: Parental Liability for Food Allergy Bullying, D'Andra Millsap Shu

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    When Less is More: The Limitless Potential of Limited Scope Representation to Increase Access to Justice for Low- to Moderate-Income Individuals, Kristy D'Angelo-Corker

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    Where the Law Ends - Part 1: M&G Polymers v. Tackett and CNH Industrial v. Reese - Federal Labor Policy, the Interpretation of Collective Bargaining Agreements, and the Failure of Stare Decisis, Roger J. McClow

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    Whiskey Sour: An IP Evaluation of Nathan Green's Contribution to Jack Daniel's Whiskey and how that Contribution Led to an Inequitable Distribution of Generational Wealth

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    Who Knows the Difference Between Competitive Cheerleading, Sideline Cheerleading, Acrobatics and Tumbling? Why this Distinction is so Important for Title IX, Alexandra Zdunek

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    Who Studies International Law? Explaining Cross-national Variation in Compulsory International Legal Education, Ryan M. Scoville and Mark Berlin

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    Why Are Seemingly Satisfied Female Lawyers Running for the Exits? Resolving the Paradox Using National Data, Joni Hersch and Erin E. Meyers

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    Women's Spaces, Women's Rights: Feminism and the Transgender Rights Movement, Christen Price

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    Wrongful Death: Does the NCAA Have an Affirmative Duty to Protect its Student-Athletes?, Rae-Anna Sollestre

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    You Catch More Flies With Honey: Reevaluating the Erroneous Premises of the Military Exception to Title VII, Craig Westergard

 
 
 

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