Publications from 1997

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Character is Everything: Promoting Ethical Excellence in Sports, Paul M. Anderson
(7 Marquette Sports Law Journal 485 (1997))

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“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))

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“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))

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“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))

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"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))

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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)

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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))

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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))

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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))

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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))

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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))

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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))

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Book Review: Religion in Public Life: A Dilemma for Democracy, Scott C. Idleman
(14 Constitutional Commentary 214 (1997))

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Book Review: Competition Regulation in the Pacific Rim, Ramon A. Klitzke
(Wisconsin Lawyer, May 1997, at 26)

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Book Review: Intellectual Property in Europe, Ramon A. Klitzke
(Wisconsin Lawyer, March 1997, at 29)

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Central Planning or Market Controls in Legal Education: How to Decide What Lawyers Should Know, Michael K. McChrystal
(80 Marquette Law Review 761 (1997))

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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)

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Foreward to Sports Law as a Reflection of Society's Laws and Values, Matthew J. Mitten
(38 South Texas Law Review 999 (1997))

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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))

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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))

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The "Original Intent" of U.S. International Taxation, Michael M. O'Hear and Michael J. Graetz
(46 Duke Law Journal 1021 (1997))

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The American Legal Faith: Traditions, Contradictions and Possibilities, David Ray Papke
(30 Indiana Law Review 645 (1997))

Publications from 1996

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Racism in Sports: A Question of Ethics, Paul M. Anderson
(6 Marquette Sports Law Journal 357 (1996))

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“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))

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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))

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“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))

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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))

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Wisconsin’s Modified, Modified Comparative Negligence Law, John J. Kircher
(Wisconsin Lawyer, Feb. 1996, at 18)

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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))

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The Need to Reform the "Acceptance of Responsibility" Adjustment, Michael M. O'Hear
(9 Federal Sentencing Reporter 101 (1996))

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Peace Between the Sexes: Law and Gender in Kramer vs. Kramer, David Ray Papke
(30 University of San Francisco Law Review 1199 (1996))

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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))

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Performing in a Racially Hostile Environment, Phoebe Weaver Williams
(6 Marquette Sports Law Journal 287 (1996))

Publications from 1995

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The Policy and Politics of Community-Based Long-Term Care, Alison Barnes
(19 Nova Law Review 487 (1995)

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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))

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“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))

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“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))

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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))

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When Due Process Is Due: The Courts and Labor Arbitration, Jay E. Grenig
(1995 Detroit College of Law Review 889)

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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))

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Analytic Deconstructionism? The Intellectual Voyeurism of Anthony D'Amato, Alan R. Madry
(63 Fordham Law Review 1033 (1995))

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University Price Competition for Elite Students and Athletes: Illusions and Realities, Matthew J. Mitten
(36 South Texas Law Review 59 (1995))

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Ethics and the Law School: The Confusion Persists, Peter K. Rofes
(8 Georgetown Journal of Legal Ethics 981 (1995))

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Getting In: The Why and the How of It, Peter K. Rofes
(1995 Utah Law Review 1097 (1995))

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Law School and the Constitution, Peter K. Rofes
(23 Florida State University Law Review 71 (1995))

Publications from 1994

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The Clinton Court Is Open for Business: The Business Law Jurisprudence of Justice Stephen Breyer, Edward A. Fallone
(59 Missouri Law Review 857 (1994))

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“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))

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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))

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Ideology as Interpretation: A Reply to Professor Greene's Theory of the Religion Clauses, Scott C. Idleman
(1994 University of Illinois Law Review 337)

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The Religious Freedom Restoration Act: Pushing the Limits of Legislative Power, Scott C. Idleman
(73 Texas Law Review 247 (1994))

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Private Accountability and the Fourteenth Amendment; State Action, Federalism and Congress, Alan R. Madry
(59 Missouri Law Review 499 (1994))

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The Hidden Ball: A Substantive Critique of Baseball Metaphors in Judicial Opinions, Chad M. Oldfather
(27 Connecticut Law Review 17 (1994))

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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))

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The Black Panther Party's Narratives of Resistance, David Ray Papke
(18 Vermont Law Review 645 (1994))

Publications from 1993

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Scientific Evidence in Wisconsin After Daubert, Daniel Blinka
(Wisconsin Lawyer, Nov. 1993, at 10)

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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))

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Computing Time, James D. Ghiardi
(Wisconsin Lawyer, March 1993, at 16)

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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))

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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))

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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))

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AIDS and Athletics, Matthew J. Mitten
(3 Seton Hall Journal of Sport Law 5 (1993))

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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

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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))

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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))

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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))

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Lawyers and Loyalty, Michael K. McChrystal
(33 William & Mary Law Review 367 (1992))

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Privacy, Family Autonomy, and the Maltreated Child, Judith G. McMullen
(75 Marquette Law Review 569 (1992))

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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))

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Amateur Athletes with Handicaps or Physical Abnormalities: Who Makes the Participation Decision?, Matthew J. Mitten
(71 Nebraska Law Review 987 (1992))

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Sports Participation by "Handicapped" Athletes, Matthew J. Mitten
(Entertainment & Sports Lawyer, Spring 1992, at 15)

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Public Law, Private School: Choice, the Constitution, and Some Emerging Issues, Peter K. Rofes
(21 Journal of Law and Education 503 (1992))

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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))

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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

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Legal Research Tools for the Nebraska Practitioner: An Annotated Bibliography, Patricia A. Cervenka and Sally H. Wise
(70 Nebraska Law Review 519 (1991))

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Article 3 Demand Notes and the Doctrine of Good Faith, Carolyn M. Edwards
(74 Marquette Law Review 481 (1991))

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Reflecting on Changes in Legal Education: Marquette’s Expanding Resources Help Improve the Profession, Practitioners, James D. Ghiardi
(Wisconsin Lawyer, Sept. 1991, at 52)

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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))

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The Dismissal of Employees in the United States, Jay E. Grenig
(130 International Labour Review 569 (1991))

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The Removal of Work from Bargaining Unit Employees: The Supreme Court, the Board and Arbitrators, Jay E. Grenig
(27 Willamette Law Review 595 (1991))

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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))

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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))

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Virginia and the Ratification of the Bill of Rights, J. Gordon Hylton
(25 University of Richmond Law Review 433 (1991))

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Book Review: Making all the Difference, Judith G. McMullen
(74 Marquette Law Review 253 (1991))

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On Stopping and Restarting the Race: A Response to Malloy’s Law and Economics, David Ray Papke
(42 Syracuse Law Review 209 (1991))

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The Responsible Law School, Peter K. Rofes
(74 Marquette Law Review 119 (1991))

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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))

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A Black Woman's Voice: The Story of Mabel Raimey, "Shero", Phoebe Weaver Williams
(74 Marquette Law Review 345 (1991))

Publications from 1990

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Punitive Damages: State Extraction Practice Is Subject to Eighth Amendment Limitations, James D. Ghiardi
(26 Tort & Insurance Law Journal 119 (1990))

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The Marquette Lawyer, James D. Ghiardi
(74 Marquette Law Review 91 (1990))

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Does the LMRA Preempt a State Wrongful Death Action that Charges a Union with Negligent Safety Inspections?, Jay E. Grenig
(1989-90 Term Preview of United States Supreme Court Cases 371 (1990))

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Is a Union Official Who Has Been Convicted of Embezzling Union Funds Entitled to Collect His Pension Benefits?, Jay E. Grenig
(1989-90 Term Preview of United States Supreme Court Cases 186 (1990))

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Must a Federal Agency Negotiate with its Employees' Union over Grievance Procedures Relating to Contracting Out Work?, Jay E. Grenig
(1989-90 Term Preview of United States Supreme Court Cases 266 (1990))

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Must the Army Negotiate Salaries with a Union Representing Teachers at a School for Army Dependents?, Jay E. Grenig
(1989-90 Term Preview of United States Supreme Court Cases 268 (1990))

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What Happens to Unresolved Grievances When the Grievance Procedure Does Not Provide for Binding Arbitration?, Jay E. Grenig
(1990-91 Term Preview of United States Supreme Court Cases 52 (1990))

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Whose Interpretation of Occupational Health and Safety Regulations is Entitled to Deference?, Jay E. Grenig
(1990-91 Term Preview of United States Supreme Court Cases 104 (1990))

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Judicial Candor: Do as We Say, Not as We Do, John J. Kircher
(73 Marquette Law Review 421 (1990))

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Legitimizing Realities: State-Based Bar Admission, National Standards, and Multistate Practice, Michael K. McChrystal
(3 Georgetown Journal of Legal Ethics 533 (1990))

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Family Support of the Disabled: A Legislative Proposal to Create Incentives to Support Disabled Family Members, Judith G. McMullen
(23 University of Michigan Journal of Law Reform 439 (1990))

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Discharge as Denouement: Appreciating the Storytelling of Appellate Opinions, David Ray Papke
(40 Journal of Legal Education 145 (1990))

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Governmental Drug Testing: Critique and Analysis of Fourth Amendment Jurisprudence, Phoebe Weaver Williams
(8 Hofstra Labor Law Journal 1 (1990))