Publications from 2001

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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))

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Another Misunderstood Relation: Confidentiality and the Duty to Report, Peter K. Rofes
(14 Georgetown Journal of Legal Ethics 621 (2001))

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Which Means to an End under the Uniform Mediation Act?, Andrea K. Schneider
(85 Marquette Law Review 1 (2001))

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Baseball Diplomacy, Andrea Kupfer Schneider
(12 Marquette Sports Law Review 473 (2001))

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Unfriendly Actions: The Amicus Brief Battle at the WTO, Andrea Kupfer Schneider
(7 Widener Law Symposium Journal 87 (2001))

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Fraser v. MLS, L.L.C.: Is There a Sham Exception to the Copperweld Single Entity Immunity?, Michael P. Waxman
(12 Marquette Sports Law Review 487 (2001))

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Teaching Comparative Law in the 21st Century: Beyond the Civil/Common Law Dichotomy, Michael P. Waxman
(51 Journal of Legal Education 305 (2001))

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Social Security Reform: Creating Transformative Opportunities for African Americans, Phoebe Weaver Williams
(Elder’s Advisor, Summer 2001, at 23)

Publications from 2000

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Can the Police "Impound" a Home While They Seek a Search a Search Warrant?, Ralph C. Anzivino
(2000-01 Term Preview of United States Supreme Court Cases 89 (2000))

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Does the Federal Arbitration Act Apply to Contracts of Employment?, Ralph C. Anzivino
(2000-01 Term Preview of United States Supreme Court Cases 76 (2000))

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Has the Federal Common-Law D'Oench Doctrine Been Preempted?, Ralph C. Anzivino
(2000-01 Term Preview of United States Supreme Court Cases 202 (2000))

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What Constitutes “Property” Under the Federal Mail Fraud Statute?, Ralph C. Anzivino
(2000-01 Term Preview of United States Supreme Court Cases 37 (2000))

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From the Editor, Alison Barnes
(Elder's Advisor, Fall 2000, at iii.)

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Editorial Views: Choosing and Death, Alison McChrystal Barnes
(Elder’s Advisor, Spring 2000, at 30)

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The Effect of Jandrt on Satellite Litigation, Janine P. Geske and William C. Gleisner III
(Wisconsin Lawyer, May 2000, at 11)

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Can a Public Employer Require Employees to Use Their Comp Time?, Jay E. Grenig
(1999-2000 Term Preview of United States Supreme Court Cases 236 (2000))

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Does the AEDPA Apply to a Habeas Petition Filed After an Exhaustion of State Remedies?, Jay E. Grenig
(1999-2000 Term Preview of United States Supreme Court Cases 313 (2000))

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May Private Individuals Sue a State That Establishes English-Only Policies?, Jay E. Grenig
(2000-01 Term Preview of United States Supreme Court Cases 176 (2000))

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The Civil Jury in America: Improving the Jury's Understanding of a Case, Jay E. Grenig
(24 American Journal of Trial Advocacy 93 (2000))

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What Constitutes Ineffective Assistance of Counsel at Sentencing?, Jay E. Grenig
(2000-01 Term Preview of United States Supreme Court Cases 141 (2000))

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When Is an Order Compelling Arbitration Subject to Appellate Review Under the Federal Arbitration Act?, Jay E. Grenig
(2000-01 Term Preview of United States Supreme Court Cases 13 (2000))

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When Is a State Post-Conviction Application “Properly Filed” Within the Meaning of the AEDPA?, Jay E. Grenig
(2000-01 Term Preview of United States Supreme Court Cases 23 (2000))

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When Must a Capital Jury Be Told That the Defendant Will Be Ineligible for Parole If Sentenced to Life?, Jay E. Grenig
(1999-2000 Term Preview of United States Supreme Court Cases 377 (2000))

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Property Rights in John Marshall’s Virginia: The Case of Crenshaw and Crenshaw v. Slate River Company, J. Gordon Hylton
(33 John Marshall Law Review 1175 (2000))

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Tort Liability, Religious Entities, and the Decline of Constitutional Protection, Scott C. Idleman
(75 Indiana Law Journal 219 (2000))

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Will the FCC Go the Way of the ICC?, Joseph D. Kearney
(71 University of Colorado Law Review 1153 (2000))

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The Influence of Amicus Curiae Briefs on the Supreme Court, Joseph D. Kearney and Thomas W. Merrill
(148 University of Pennsylvania Law Review 743 (2000))

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Punitive Damages and Business Organizations: A Pathetic Fallacy, John J. Kircher
(67 Tennessee Law Review 971 (2000))

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State Action and the Due Process of Self-Help: Flagg Bros. Redux, Alan R. Madry
(62 University of Pittsburgh Law Review 1 (2000))

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Ethics Consult: E-Ethics, Michael K. McChrystal
(Elder’s Advisor, Spring 2000, at 93)

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Applying Antitrust Law to NCAA Regulation of “Big Time” College Athletics: The Need to Shift From Nostalgic 19th and 20th Century Ideals of Amateurism to the Economic Realities of the 21st Century, Matthew J. Mitten
(11 Marquette Sports Law Review 1 (2000))

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When Can a Defendant Challenge His ACCA Sentence on the Basis That His Prior State Convictions Were Unconstitutional?, Michael O'Hear
(2000-01 Term Preview of United States Supreme Court Cases 207 (2000))

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Building a Pedagogy of Problem-Solving: Learning to Choose Among ADR Processes, Andrea Kupfer Schneider
(5 Harvard Negotiation Law Review 113 (2000))

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Perception, Reputation and Reality: An Empirical Study of Negotiation Skills, Andrea Kupfer Schneider
(Dispute Resolution Magazine, Summer 2000, at 24)

Publications from 1999

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Spoiling a Good Walk: Does the ADA Change the Rules of Sport?, Paul M. Anderson
(1 Virginia Journal of Sports and the Law 44 (1999))

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Does an Auto Manufacturer's Compliance With National Traffic and Motor Vehicle Safety Standards Pre-empt Suits for Defective Design?, Ralph C. Anzivino
(1999-2000 Term Preview of United States Supreme Court Cases 165 (1999))

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Financial Abuses of Elderly Clients, Alison Barnes
(Elder’s Advisor, Summer 1999, at 22)

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Competency, Coercion, and Risk of Violence: Legal Intersects with Fundamental Issues of Mental Health, Alison McChrystal Barnes
(82 Marquette Law Review 713 (1999))

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Can an Employee Who Applies for Social Security Disability Benefits Be a “Qualified Individual with a Disability” Under the ADA?, Jay E. Grenig
(1998-99 Term Preview of United States Supreme Court Cases 263 (1999))

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Can a U.S. District Court Enjoin a Defendant from Transferring or Assigning Assets Held Outside of the Court's Jurisdiction?, Jay E. Grenig
(1998-99 Term Preview of United States Supreme Court Cases 311 (1999))

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Can Congress Make States Amenable to Suit In Federal Court for Claims of Patent Infringement?, Jay E. Grenig
(1998-99 Term Preview of United States Supreme Court Cases 427 (1999))

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Does Congress Have the Power to Make the States Amenable to Suit In Federal Court for Claims Under the Lanham Act?, Jay E. Grenig
(1998-99 Term Preview of United States Supreme Court Cases 423 (1999))

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How Clearly Must a Judge Instruct the Jury That It Should Consider Mitigating as Well as Aggravating Factors In Making Its Sentencing Decision?, Jay E. Grenig
(1999-2000 Term Preview of United States Supreme Court Cases 143 (1999))

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When Should a Habeas Claim Be Dismissed as Being a "Second or Successive" Application?, Jay E. Grenig
(1999-2000 Term Preview of United States Supreme Court Cases 25 (1999))

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Why Baseball’s Antitrust Exemption Survives, J. Gordon Hylton
(9 Marquette Sports Law Journal 391 (1999))

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The Demise of Hypothetical Jurisdiction in the Federal Courts, Scott C. Idleman
(52 Vanderbilt Law Review 235 (1999))

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From the Fall of the Bell System to the Telecommunications Act: Regulation of Telecommunications Under Judge Greene, Joseph D. Kearney
(50 Hastings Law Journal 1395 (1999))

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Review: The Essence of Property Law, Vada Waters Lindsey
(22 Seattle University Law Review 977 (1999))

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The Burden of Being Poor: Increased Tax Liability? The Taxation of Self-Help Programs, Vada Waters Lindsey
(9 Kansas Journal of Law & Public Policy 225 (1999))

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Legal Indeterminacy and the Bivalence of Legal Truth, Alan R. Madry
(82 Marquette Law Review 581 (1999))

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At the Foot of the Master: What Dickens Got Right About What Lawyers Do Wrong, Michael K. McChrystal
(78 Oregon Law Review 393 (1999))

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Ethics Consult: An Ethics Problem Involving Financial Abuse, Michael K. McChrystal
(Elder’s Advisor, Fall 1999, at 47)

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Ethics Consult: Building Relationships That Work, Michael K. McChrystal
(Elder’s Advisor, Winter 1999, at 71)

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Ethics Consult: Client Choice, Wise Counsel, and Economic Realities: The Forces That Shape the Representation of Elders, Michael K. McChrystal
(Elder’s Advisor, Summer 1999, at 75)

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Planning for a Disabled Child, Judith G. McMullen
(Elder’s Advisor, Fall 1999, at 1)

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Conventional Wisdom: The Courtroom Trial in American Popular Culture, David Ray Papke
(82 Marquette Law Review 471 (1999))

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The American Courtroom Trial: Pop Culture, Courthouse Realities, and the Dream World of Justice, David Ray Papke
(40 South Texas Law Review 919 (1999))

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Mandatory Obsolescence: The Thirty Credit Rule and the Wisconsin Supreme Court, Peter K. Rofes
(82 Marquette Law Review 787 (1999))

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Getting Along: The Evolution of Dispute Resolution Regimes in International Trade Organizations, Andrea Kupfer Schneider
(20 Michigan Journal of International Law 697 (1999))

Publications from 1998

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Book Review: Sport Facility Planning and Management, Paul M. Anderson
(8 Marquette Sports Law Review 459 (1998))

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“Killer Choices”: Felony Murder, Lesser Offenses, and the Death Penalty, Daniel D. Blinka
(1997-98 Term Preview of United States Supreme Court Cases 284 (1998))

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Addressing an Industrywide Health Insurance Crisis by Spreading the Cost: Has Congress Violated the Constitution?, Jay E. Grenig
(1997-98 Term Preview of United States Supreme Court Cases 326 (1998))

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Can an Employer Be Held Strictly Liable for a Supervisor's Quid Pro Quo Sexual Harassment When There Has Been a Quid but No Quo?, Jay E. Grenig
(1997-98 Term Preview of United States Supreme Court Cases 474 (1998))

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Does the Individuals with Disabilities Education Act Require a Public School District to Provide a Quadriplegic Student with Continuous Nursing Service?, Jay E. Grenig
(1998-99 Term Preview of United States Supreme Court Cases 80 (1998))

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Sex and the Public School Teacher: When Is a School District Liable Under Title IX for a Teacher's Sexual Misconduct with a Student?, Jay E. Grenig
(1997-98 Term Preview of United States Supreme Court Cases 406 (1998))

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Stipulations Regarding Discovery Procedure, Jay E. Grenig
(21 American Journal of Trial Advocacy 547 (1998))

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American Civil Rights Laws and the Legacy of Jackie Robinson, J. Gordon Hylton
(8 Marquette Sports Law Journal 387 (1998))

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David Josiah Brewer And The Christian Constitution, J. Gordon Hylton
(81 Marquette Law Review 417 (1998))

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The Bar Association Movement in Nineteenth Century Wisconsin, J. Gordon Hylton
(81 Marquette Law Review 1029 (1998))

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The Wisconsin Lawyer in the Gilded Age: A Demographic Profile, J. Gordon Hylton
(1998 Wisconsin Law Review 765)

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The Limits of Religious Values in Judicial Decisionmaking, Scott C. Idleman
(81 Marquette Law Review 537 (1998))

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The Great Transformation of Regulated Industries Law, Joseph D. Kearney and Thomas W. Merrill
(98 Columbia Law Review 1323 (1998))

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Book Review: Every Writer’s Guide to Copyright and Publishing Law 2d ed., Ramon A. Klitzke
(Wisconsin Lawyer, Feb. 1998, at 28)

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Enhanced Risk of Harm to One's Self as a Justification for Exclusion from Athletics, Matthew J. Mitten
(8 Marquette Sports Law Journal 189 (1998))