Publications from 2006
When May a Judge, Instead of a Jury, Find the Facts on Which a Criminal Sentence Is Based?, Michael M. O'Hear
(34 Preview of United States Supreme Court Cases 16 (2006))
Remedying Judicial Inactivism: Opinions as Informational Regulation, Chad M. Oldfather
(58 Florida Law Review 743 (2006))
Urban Runoff, Its Consequences, and the Problems of Regulation, Matthew J. Parlow
(9 Chapman Law Review 187 (2006))
Not Quite a World Without Trials: Why International Dispute Resolution Is Increasingly Judicialized, Andrea Kupfer Schneider
(2006 Journal of Dispute Resolution 119)
The Day after Tomorrow: What Happens Once a Middle East Peace Treaty Is Signed?, Andrea Kupfer Schneider
(6 Nevada Law Journal 401 (Winter 2005/2006))
Toward an Accountability-Based Definition of Mercenary, Ryan M. Scoville
(37 Georgetown Journal of International Law 541 (2006))
Inherent Attorney Conflicts of Interest Under ERISA: Using the Model Rules of Professional Conduct to Discourage Joint Representation of Dual Role Fiduciaries, Paul M. Secunda
(39 John Marshall Law Review 721 (2006))
The (Neglected) Importance of Being Lawrence: The Constitutionalization of Public Employee Rights to Decisional Non-Interference in Private Affairs, Paul M. Secunda
(40 University of California at Davis Law Review 85 (2006))
May a Private Party Sue In Federal Court to Enforce an FCC Regulation?, James B. Speta and Joseph D. Kearney
(34 Preview of United States Supreme Court Cases 31 (2006))
Publications from 2005
Sports Law in the State of Wisconsin, Paul M. Anderson
(15 Marquette Sports Law Review 425 (2005))
What Is the Scope of the Federal Tort Claims Act's Wavier of Sovereign Immunity?, Ralph Anzivino
(2005-06 Term Preview of United States Supreme Court Cases 23 (2005))
Are Municipalities Liable for Damages and Attorney's Fees for Wrongfully Denying a Permit for a Wireless Service Facility?, Ralph C. Anzivino
(2004-05 Term Preview of United States Supreme Court Cases 237 (2005))
Does an Individual Lacking Contractual Privity Have Standing Under § 1981 to Bring a Claim for Racial Discrimination?, Ralph C. Anzivino
(2005-06 Term Preview of United States Supreme Court Cases 128 (2005))
The Conundrum of Segregation's Ending: The Education Choices, Alison Barnes
(89 Marquette Law Review 33 (2005))
Jefferson and Juries: The Problem of Law, Reason, and Politics in the New Republic, Daniel D. Blinka
(47 American Journal of Legal History 35 (2005))
Trademark Assignment “With Goodwill”: A Concept Whose Time Has Gone, Irene Calboli
(57 Florida Law Review 771 (2005))
Why Do I Teach Restorative Justice to Law Students?, Janine Geske
(89 Marquette Law Review 327 (2005))
Is There a Due Process Protected Right to Police Enforcement of a Domestic Abuse Restraining Order?, Jay E. Grenig
(2004-05 Term Preview of United States Supreme Court Cases 326 (2005))
What Limitation Period Applies to Retaliatory Discharge Actions Under the Federal False Claims Act?, Jay E. Grenig
(2004-05 Term Preview of United States Supreme Court Cases 401 (2005))
When Spies Come in from the Cold, Are They Entitled to Their Day in Federal Court?, Jay E. Grenig
(2004-05 Term Preview of United States Supreme Court Cases 231 (2005))
Book Review: Legal Writing Advice: Questions and Answers, Lisa Mazzie Hatlen
(Wisconsin Lawyer, Dec. 2005, at 31)
A Prudential Theory of Judicial Candor, Scott C. Idleman
(73 Texas Law Review 1307 (1995))
The Concealment of Religious Values in Judicial Decisionmaking, Scott C. Idleman
(91 Virginia Law Review 515 (2005))
Team Physicians as Co-Employees: A Prescription That Deprives Professional Athletes of an Adequate Remedy for Sports Medicine Malpractice, Matthew J. Mitten
(50 St. Louis University Law Journal 211 (2005))
Is Restorative Justice Compatible with Sentencing Uniformity?, Michael M. O'Hear
(89 Marquette Law Review 305 (2005))
The Myth of Uniformity, Michael M. O'Hear
(17 Federal Sentencing Reporter 249 (2005))
Defining Judicial Inactivism: Models of Adjudication and the Duty to Decide, Chad M. Oldfather
(4 Georgetown Law Journal 121 (2005))
Introduction to the Restorative Justice Symposium, Andrea Kupfer Schneider
(89 Marquette Law Review 247 (2005))
A Public Interest Model for Applying Lost Chance Theory to Probabilistic Injuries in Employment Discrimination Cases, Paul M. Secunda
(2005 Wisconsin Law Review 747)
At the Crossroads of Title IX and a New "Idea": Why Bullying Need Not Be "a Normal Part of Growing Up" for Special Education Children, Paul M. Secunda
(12 Duke Journal of Gender Law & Policy 1 (2005))
Lawrence's Quintessential Millian Moment and Its Impact on the Doctrine of Unconstitutional Conditions, Paul M. Secunda
(50 Villanova Law Review 117 (2005))
Reflections on Wisconsin's Brown Experience, Phoebe Weaver Williams
(89 Marquette Law Review 1 (2005))
Publications from 2004
Can States Prohibit Municipalities from Offering Commercial Telephone Services to the Public?, Ralph C. Anzivino
(2003-04 Term Preview of United States Supreme Court Cases 190 (2004))
Does Congress Have the Authority to Abrogate a State's Sovereign Immunity Under the Constitution's Bankruptcy Clause?, Ralph C. Anzivino
(2003-04 Term Preview of United States Supreme Court Cases 252 (2004))
Must the IRS Individually Assess the General Partners to Collect the Partnership's Delinquent Employment Taxes?, Ralph C. Anzivino
(2003-04 Term Preview of United States Supreme Court Cases 180 (2004))
The Correlation Between Team Payroll and Competitive Performance in Professional Sports Leagues, Ralph C. Anzivino
(Entertainment & Sports Lawyer, Summer 2004, at 1)
Protective Assistance for Elders: Maine Experience and Comparisons, Alison Barnes
(5 Marquette Elder's Advisor 215 (2004))
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))
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))
Taking and Using Depositions Before Action or Pending Appeal in Federal Court, Jay E. Grenig
(27 American Journal of Trial Advocacy 451 (2004))
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))
Multiculturalism and the Future of Tribal Sovereignty, Scott C. Idleman
(35 Columbia Human Rights Law Review 589 (2004))
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))
Book Review: Every Writer’s Guide to Copyright and Publishing Law 3d ed., Ramon A. Klitzke
(Wisconsin Lawyer, Sept. 2004, at 22)
The Vulnerability of Using Tax Incentives in Wisconsin, Vada Waters Lindsey
(88 Marquette Law Review 107 (2004))
Wisconsin Tax Policy: Serious Flaws, Compelling Solutions, Michael K. McChrystal
(88 Marquette Law Review 1 (2004))
Federalism and Drug Control, Michael M. O'Hear
(57 Vanderbilt Law Review 783 (2004))
Localization and Transparency in Sentencing: Reflections on the New Early Disposition Departure, Michael M. O'Hear
(27 Hamline Law Review 357 (2004))
Sentencing the Green-Collar Offender: Punishment, Culpability, and Environmental Crime, Michael M. O'Hear
(95 Journal of Criminal Law & Criminology 133 (2004))
Appellate Courts, Historical Facts, and the Civil-Criminal Distinction, Chad M. Oldfather
(57 Vanderbilt Law Review 437 (2004))
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))
Aspirations in Negotiation, Andrea Kupfer Schneider
(87 Marquette Law Review 675 (2004))
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))
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))
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))
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))
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
The Supreme Court Sets the Standard: Drug Testing at the Interscholastic Level, Paul M. Anderson
(4 Texas Review of Entertainment & Sports Law 1 (2003))
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))
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))
An Assessment of Medicaid Planning, Alison Barnes
(3 Houston Journal of Health Law & Policy 265 (2003))
Gypsy Law: Romani Legal Traditions and Culture (Book Review), Alison Barnes
(86 Marquette Law Review 823 (2003))
The Liberty and Property of Elders: Guardianship and Will Contests as the Same Claim, Alison Barnes
(11 Elder Law Journal 1 (2003))
What Counsel for the Ward Can Learn From Will Contests, Alison McChrystal Barnes
(Elder’s Advisor, Winter 2003, at 50)
“This Germ of Rottedness”: Federal Trials in the New Republic, 1789-1807, Daniel D. Blinka
(36 Creighton Law Review 135 (2003))
Trial by Jury on the Eve of Revolution: The Virginia Experience, Daniel D. Blinka
(71 UMKC Law Review 529 (2003).)
Experienced Director, New Job: Some Tips to Aid the Transition, Patricia A. Cervenka
(14 Trends in Law Library Management & Technology 3 (2003))
Secrecy in Settlements: A Counterpoint, Melissa L. Greipp, J. Ric Gass, and Thomas K. Mullins
(Wisconsin Lawyer, Dec. 2003, at 6)
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))
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))
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))
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))
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))
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))
The Charitable Contribution Deduction: A Historical Review and a Look to the Future, Vada Waters Lindsey
(81 Nebraska Law Review 1056 (2003))
Cooperation and Accountability After the Feeney Amendment, Michael M. O'Hear
(16 Federal Sentencing Reporter 102 (2003))
Statutory Interpretation and Direct Democracy: Lessons from the Drug Treatment Initiatives, Michael M. O'Hear
(40 Harvard Journal on Legislation 281 (2003))
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
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))
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))
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))
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))
From the Editor, Alison Barnes
(Elder's Advisor, Winter 2002, at iii.)
From the Editor: Budget Games in Times of Fiscal Restraint, Alison Barnes
(Elder's Advisor, Spring 2002, at iii.)
The Virtues of Corporate and Professional Guardians, Alison Barnes
(31 Stetson Law Review 941 (2002))
Trademark Exhaustion in the European Union: Community-Wide or International? The Saga Continues, Irene Calboli
(6 Marquette Intellectual Property Law Review 47 (2002))
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))
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))
The Civil Docket: From Civil Rights to Social Security, Jay E. Grenig
(2001-02 Term Preview of United States Supreme Court Cases 433 (2002))
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))
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))
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))
The Long and Arduous Journey to Truth-in-Sentencing in Wisconsin, Thomas J. Hammer
(15 Federal Sentencing Reporter 15 (2002))
Religious Premises, Legislative Judgments, and the Establishment Clause, Scott C. Idleman
(12 Cornell Journal of Law and Public Policy 1 (2002))
The Print Media and Judicial Elections: Some Case Studies from Wisconsin, Joseph D. Kearney and Howard B. Eisenberg
(85 Marquette Law Review 593 (2002))
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))
The New Politics of Sentencing, Michael M. O'Hear
(15 Federal Sentencing Reporter 3 (2002))
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))
Shattering Negotiation Myths: Empirical Evidence on the Effectiveness of Negotiation Style, Andrea Kupfer Schneider
(7 Harvard Negotiation Law Review 143 (2002))
Publications from 2001
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))