Content Posted in 2021 | Institutional Repository for Marquette Law School

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Content Posted in 2021

2020 Annual Survey: Recent Developments in Sports Law

A Coach's Fight to Pray: A Public High School Coach's Case Involving The First Amendment, Alex R. Utrup

A Losing Mentality: An Analysis of the Duty Owed By Universities to Provide Their Student-Athletes with Mental Health Services, Marnae Mawdsley

American Privacy Law at the Dawn of a New Decade (and the CCPA and COVID-19): Overview and Practitioner Critique, Kimberly Dempsey Booher and Martin B. Robins

An Analysis of Immigration Law and Potential Recourse for World Cup 2026 Players, Breanna M. Moe

A Net for a Cooperator’s Leap of Faith: The Due Process Need for Universal Acceptance of Bad Faith Review of Prosecutors’ Substantial Assistance Determinations in Federal Sentencing, Lucius T. Outlaw

Are We Dropping the Crystal Ball? Understanding Nascent & Potential Competition in Antitrust, John M. Yun

A Theory of Factfinding: The Logic for Processing Evidence, Kevin M. Clermont

A Tribute To Henry "Hank" Aaron

Be Reasonable: The Applicability of Chevron to Agency Interpretations of Split-Authority Statutes, Jessica L. Asbridge

Climate Change, Sustainability, and the Failure of Modern Property Theory, Jill M. Fraley

Confusion, Conflict, and Case Law: Analyzing the Language of the United States Patent Act and Conflicting Case Law Regarding the Transfer of Patent Rights in the 21st Century, Lucas C. Logic

Corporate Governance and the Omnipresent Specter of Political Bias, Stefan J. Padfield

Early Release for Prisoners Convicted of Violent Crimes: Can Anyone Escape the Incapacitation-Retribution Catch-22?, Michael M. O'Hear

Emerging From Davy Jones’ Locker: The Revival of Counterclaims Against Government in Civil Forfeiture Actions, Jack B. Harrison and Brendan Sullivan

Factually Baseless Enforcement of Criminal Law is Okay. Full Enforcement is Not., Darryl K. Brown

Forced Arbitration and Regulatory Power in International Sport - Implications of the Judgment of the European Court of Human Rights in Pechstein and Mutu v. Switzerland, Lloyd Freeburn

Gain the Upper Hand with Good Typography, Melissa Love Koenig and Joseph S. Diedrich

Game On: The Epic Battle Between the FAA and the NLRA in Professional Sports After Epic Systems Corp. v. Lewis, Kurt McWilliams

Gene Patents, Drug Prices, and Scientific Research: Unexpected Effects of Recently Proposed Patent Eligibility Legislation, Charles Duan

ICE Detention Contracts, Third-party Beneficiary Suits, and Private Contracts in Immigrant Detention, Patrick Kennedy

Identifying Inefficiencies: Exploring Ways to Write Briefs More Quickly within the Time Demands of Legal Practice, Jacob M. Carpenter

Index: Sports Law in Law Reviews and Journals

Is the Constitution’s Convention for Proposing Amendments a “Mystery”? Overlooked Evidence in the Narrative of Uncertainty, Robert G. Natelson

It’s Time to Put Character Back into the Character-Evidence Rule, Steven Goode

Managing the Risk of Violent Recidivism: Lessons From Legal Responses to Sexual Offenses, Michael M. O'Hear

Mozart V. Beethoven: Consequences of Ninth Circuit Copyright Law on Classical Creativity, Amanda E.B. Collins

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

Orange is the News Blackout: The First Amendment and Media Access to Jails, Frank D. LoMonte and Jessica Terkovich

Pandemic (or War) Notwithstanding, Joseph D. Kearney

Persuading with Precedent: Understanding and Improving Analogies in Legal Argument, Jacob M. Carpenter

Plea Bargaining for the People, Daniel S. McConkie Jr

Presidential Administration, the Appearance of Corruption, and the Rule of Law: Can Courts Rein in Unlawful Executive Orders?, Emily Morgan and Michael R. Barsa

Property Rights in Celestial Bodies: A Question of Pressing Concern to All Mankind, Megan Alexa MacKay

Restating the Law of Prescriptive Easements, John A. Lovett

Safe Money, John Crawford

Searching for Accountability Under FISA: Internal Separation of Powers and Surveillance Law, Peter Margulies

Some First Amendment Implications of the Trademark Registration Decisions, Marc Rohr

State Liability for a Mishandled Response: Strategic Remedies on the Heels of COVID-19, Captain Matthew H. Ormsbee USAF

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

Table of Contents

The Commissioner Goes Too Far: The Best Interests of Baseball Clause And The Astros' "High Tech" Sign-Stealing Scandal, Walter T. Champion

The Impact of the Singapore Convention on the Development of Non-Adjudicative Forms of International Dispute Resolution, Andrea Kupfer Schneider

The Myth of Optimal Expectation Damages, Theresa Arnold, Amanda Dixon, Madison Sherrill, and Mitu Gulati

The Online Defamation Dilemma: Adapting an Age-old Doctrine to the Reality, Elizabeth Elving

This Toothless Court: Judicial Review in Wisconsin Post-Mayo, Jay McDivitt

Tracing the Evolution of Standards and Standard-Setting Organizations in the ICT Era, Manveen Singh

Unconstitutional Parenthood, Jeffrey A. Parness

Volume 104, Fall 2020 Masthead

Volume 104, Spring 2021 Masthead

Volume 104, Summer 2021 Masthead

Volume 104, Winter 2020 Masthead

Walk the Line: Aristotle and the Ethics of Narrative, Melissa Love Koenig and Lori D. Johnson

Wisconsin’s Craft Beer Industry: Crafting Better Law for a More Competitive Market, Michaela A. Hendricks