Publications from 1998
Stipulations Regarding Discovery Procedure, Jay E. Grenig
(21 American Journal of Trial Advocacy 547 (1998))
American Civil Rights Laws and the Legacy of Jackie Robinson, J. Gordon Hylton
(8 Marquette Sports Law Journal 387 (1998))
David Josiah Brewer And The Christian Constitution, J. Gordon Hylton
(81 Marquette Law Review 417 (1998))
The Bar Association Movement in Nineteenth Century Wisconsin, J. Gordon Hylton
(81 Marquette Law Review 1029 (1998))
The Wisconsin Lawyer in the Gilded Age: A Demographic Profile, J. Gordon Hylton
(1998 Wisconsin Law Review 765)
The Limits of Religious Values in Judicial Decisionmaking, Scott C. Idleman
(81 Marquette Law Review 537 (1998))
The Great Transformation of Regulated Industries Law, Joseph D. Kearney and Thomas W. Merrill
(98 Columbia Law Review 1323 (1998))
Book Review: Every Writer’s Guide to Copyright and Publishing Law 2d ed., Ramon A. Klitzke
(Wisconsin Lawyer, Feb. 1998, at 28)
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))
A Review of Federal Sentencing Treatises and Periodicals, Michael M. O'Hear
(11 Federal Sentencing Reporter 69 (1998))
The First Amendment in Its Third Century: Three Wisconsin Pieces to the Constitutional Puzzle, Peter K. Rofes
(1998 Wisconsin Law Review 861)
Democracy and Dispute Resolution: Individual Rights in International Trade Organizations, Andrea K. Schneider
(19 University of Pennsylvania Journal of International Econic Law 587 (1998))
Publications from 1997
Character is Everything: Promoting Ethical Excellence in Sports, Paul M. Anderson
(7 Marquette Sports Law Journal 485 (1997))
“Cram Down” in Bankruptcy: Is a Secured Creditor Entitled to Replacement Value, Foreclosure Value, or the Average of the Two?, Ralph C. Anzivino
(1996-97 Term Preview of United States Supreme Court Cases 424 (1997))
“Take the Money and Run – Please”: Severance Payments and Waiver-of-Claim Clauses Under the Age Discrimination in Employment Act, Alison Barnes
(1997-98 Term Preview of United States Supreme Court Cases 68 (1997))
“Of Crime and the River (of Appeals)”: When Can a Federal Habeas Court Raise State Procedural Bars on Its Own Motion?, Daniel D. Blinka
(1997-98 Term Preview of United States Supreme Court Cases 111 (1997))
"Practical Inconvenience" or Conceptual Confusion: The Common-Law Genesis of Federal Rule of Evidence 703, Daniel D. Blinka
(20 American Journal of Trial Advocacy 467 (1997))
Section 10(B) and the Vagaries of Federal Common Law: The Merits of Codifying the Private Cause of Action Under a Structuralist Approach, Edward A. Fallone
(1997 University of Illinois Law Review 71)
Electronic Discovery: Making Your Opponent's Computer a Vital Part of Your Legal Team, Jay E. Grenig
(21 American Journal of Trial Advocacy 293 (1997))
Mixed Motives: Are City Council Members Absolutely Immune from Civil Rights Liability for Legislative Acts Taken for Both Lawful and Unlawful Reasons?, Jay E. Grenig
(1997-98 Term Preview of United States Supreme Court Cases 147 (1997))
Rambo, the Sequel: Does Federal Law Permit an Award of Nominal Disability Benefits to an Injured Longshoreman to Preserve the Right to Receive Future Benefits?, Jay E. Grenig
(1996-97 Term Preview of United States Supreme Court Cases 368 (1997))
When Is a State Court Case a Federal Case? Or Can State Trial-Court Cases of an Appellate Nature Be Taken to Federal Court?, Jay E. Grenig
(1997-98 Term Preview of United States Supreme Court Cases 36 (1997))
Are Alabama Sheriffs County Officials for Purposes of Local Governmental Liability Under Federal Civil Rights Law?, J. Gordon Hylton
(1996-97 Term Preview of United States Supreme Court Cases 372 (1997))
Is a Prosecutor Who Gives Sworn, but False, Statements to Obtain an Arrest Warrant Entitled to Absolute Immunity from Suit?, J. Gordon Hylton
(1997-98 Term Preview of United States Supreme Court Cases 49 (1997))
Book Review: Religion in Public Life: A Dilemma for Democracy, Scott C. Idleman
(14 Constitutional Commentary 214 (1997))
Book Review: Competition Regulation in the Pacific Rim, Ramon A. Klitzke
(Wisconsin Lawyer, May 1997, at 26)
Book Review: Intellectual Property in Europe, Ramon A. Klitzke
(Wisconsin Lawyer, March 1997, at 29)
Central Planning or Market Controls in Legal Education: How to Decide What Lawyers Should Know, Michael K. McChrystal
(80 Marquette Law Review 761 (1997))
Book Review: The ABA Guide to Family Law: The Complete and Easy Guide to the Laws of Marriage, Parenthood, Separation and Divorce, Judith G. McMullen
(Wisconsin Lawyer, Oct. 1997, at 47)
Foreward to Sports Law as a Reflection of Society's Laws and Values, Matthew J. Mitten
(38 South Texas Law Review 999 (1997))
Professional Sports Franchise Relocations From Private Law and Public Law Perspectives: Balancing Marketplace Competition, League Autonomy, and the Need for a Level Playing Field, Matthew J. Mitten and Bruce W. Burton
(56 Maryland Law Review 57 (1997))
Remorse, Cooperation, and "Acceptance of Responsibility": The Structure, Implementation, and Reform of Section 3E1.1 of the Federal Sentencing Guidelines, Michael M. O'Hear
(91 Northwestern University Law Review 1507 (1997))
The "Original Intent" of U.S. International Taxation, Michael M. O'Hear and Michael J. Graetz
(46 Duke Law Journal 1021 (1997))
The American Legal Faith: Traditions, Contradictions and Possibilities, David Ray Papke
(30 Indiana Law Review 645 (1997))
Publications from 1996
Racism in Sports: A Question of Ethics, Paul M. Anderson
(6 Marquette Sports Law Journal 357 (1996))
“Stipulate? We Don't Need No Stinking Stipulation!”: Can the Prosecution be Forced to Stipulate to Facts That It Would Rather Prove?, Daniel D. Blinka
(1996-97 Term Preview of United States Supreme Court Cases 1 (1996))
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))
“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))
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))
Wisconsin’s Modified, Modified Comparative Negligence Law, John J. Kircher
(Wisconsin Lawyer, Feb. 1996, at 18)
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))
The Need to Reform the "Acceptance of Responsibility" Adjustment, Michael M. O'Hear
(9 Federal Sentencing Reporter 101 (1996))
Peace Between the Sexes: Law and Gender in Kramer vs. Kramer, David Ray Papke
(30 University of San Francisco Law Review 1199 (1996))
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))
Performing in a Racially Hostile Environment, Phoebe Weaver Williams
(6 Marquette Sports Law Journal 287 (1996))
Publications from 1995
The Policy and Politics of Community-Based Long-Term Care, Alison Barnes
(19 Nova Law Review 487 (1995)
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))
“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))
“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))
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))
When Due Process Is Due: The Courts and Labor Arbitration, Jay E. Grenig
(1995 Detroit College of Law Review 889)
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))
Analytic Deconstructionism? The Intellectual Voyeurism of Anthony D'Amato, Alan R. Madry
(63 Fordham Law Review 1033 (1995))
University Price Competition for Elite Students and Athletes: Illusions and Realities, Matthew J. Mitten
(36 South Texas Law Review 59 (1995))
Ethics and the Law School: The Confusion Persists, Peter K. Rofes
(8 Georgetown Journal of Legal Ethics 981 (1995))
Getting In: The Why and the How of It, Peter K. Rofes
(1995 Utah Law Review 1097 (1995))
Law School and the Constitution, Peter K. Rofes
(23 Florida State University Law Review 71 (1995))
Publications from 1994
The Clinton Court Is Open for Business: The Business Law Jurisprudence of Justice Stephen Breyer, Edward A. Fallone
(59 Missouri Law Review 857 (1994))
“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))
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))
Ideology as Interpretation: A Reply to Professor Greene's Theory of the Religion Clauses, Scott C. Idleman
(1994 University of Illinois Law Review 337)
The Religious Freedom Restoration Act: Pushing the Limits of Legislative Power, Scott C. Idleman
(73 Texas Law Review 247 (1994))
Private Accountability and the Fourteenth Amendment; State Action, Federalism and Congress, Alan R. Madry
(59 Missouri Law Review 499 (1994))
The Hidden Ball: A Substantive Critique of Baseball Metaphors in Judicial Opinions, Chad M. Oldfather
(27 Connecticut Law Review 17 (1994))
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))
The Black Panther Party's Narratives of Resistance, David Ray Papke
(18 Vermont Law Review 645 (1994))
Publications from 1993
Scientific Evidence in Wisconsin After Daubert, Daniel Blinka
(Wisconsin Lawyer, Nov. 1993, at 10)
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))
Computing Time, James D. Ghiardi
(Wisconsin Lawyer, March 1993, at 16)
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))
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))
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))
AIDS and Athletics, Matthew J. Mitten
(3 Seton Hall Journal of Sport Law 5 (1993))
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
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))
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))
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))
Lawyers and Loyalty, Michael K. McChrystal
(33 William & Mary Law Review 367 (1992))
Privacy, Family Autonomy, and the Maltreated Child, Judith G. McMullen
(75 Marquette Law Review 569 (1992))
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))
Amateur Athletes with Handicaps or Physical Abnormalities: Who Makes the Participation Decision?, Matthew J. Mitten
(71 Nebraska Law Review 987 (1992))
Sports Participation by "Handicapped" Athletes, Matthew J. Mitten
(Entertainment & Sports Lawyer, Spring 1992, at 15)
Public Law, Private School: Choice, the Constitution, and Some Emerging Issues, Peter K. Rofes
(21 Journal of Law and Education 503 (1992))
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))
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
Legal Research Tools for the Nebraska Practitioner: An Annotated Bibliography, Patricia A. Cervenka and Sally H. Wise
(70 Nebraska Law Review 519 (1991))
Article 3 Demand Notes and the Doctrine of Good Faith, Carolyn M. Edwards
(74 Marquette Law Review 481 (1991))
Reflecting on Changes in Legal Education: Marquette’s Expanding Resources Help Improve the Profession, Practitioners, James D. Ghiardi
(Wisconsin Lawyer, Sept. 1991, at 52)
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))
The Dismissal of Employees in the United States, Jay E. Grenig
(130 International Labour Review 569 (1991))
The Removal of Work from Bargaining Unit Employees: The Supreme Court, the Board and Arbitrators, Jay E. Grenig
(27 Willamette Law Review 595 (1991))
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))
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))
Virginia and the Ratification of the Bill of Rights, J. Gordon Hylton
(25 University of Richmond Law Review 433 (1991))
Book Review: Making all the Difference, Judith G. McMullen
(74 Marquette Law Review 253 (1991))
On Stopping and Restarting the Race: A Response to Malloy’s Law and Economics, David Ray Papke
(42 Syracuse Law Review 209 (1991))
The Responsible Law School, Peter K. Rofes
(74 Marquette Law Review 119 (1991))
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))
A Black Woman's Voice: The Story of Mabel Raimey, "Shero", Phoebe Weaver Williams
(74 Marquette Law Review 345 (1991))
Publications from 1990
Punitive Damages: State Extraction Practice Is Subject to Eighth Amendment Limitations, James D. Ghiardi
(26 Tort & Insurance Law Journal 119 (1990))