Oct

31

Why Twitter Shouldn’t Scare Lawyers

Posted by: | October 31, 2010 | 3 Comments

It’s fair to say Twitter has taken the social media world by storm. In less than five years, Twitter has become one of the go-to media outlets for bloggers, newspapers, companies, and the everyday Internet user. I won’t go into a long discourse on what Twitter is, what it can do, or how it works. [...]

Oct

31

The U.S. Supreme Court’s Most Important Decision Affecting the Law of Trusts & Estates Was Decided a Very Long Time Ago

Posted by: | October 31, 2010 | Leave a Comment

[Editors' note: This is the third in our series, What Is the Most Important U.S. Supreme Court Case in Your Area of the Law? The first two installments are here and here.] The United States Supreme Court rarely addresses issues directly involving the law of wills and trusts.  Like most legal questions involving the transfer [...]

Oct

29

American Needle, Inc. v. National Football League: Surprise! The Supreme Court Upholds an Existing Antitrust Doctrine*

Posted by: | October 29, 2010 | Leave a Comment

[Editors' note: This is the second in our series, What Is the Most Important U.S. Supreme Court Case in Your Area of the Law? The first installment is here. In this post, Prof. Waxman focuses on an important Supreme Court case from the last term.] Last spring in American Needle, Inc. v. National Football League, [...]

Oct

29

Lincoln Foreword and Painting

Posted by: | October 29, 2010 | Leave a Comment

The just-released issue of the Marquette Law Review includes nine articles and essays growing out of (and comprising the written version of) last fall’s “Legacies of Lincoln Conference.” It was a great privilege for Professor Daniel D. Blinka and me to work with Marvin C. Bynum III, the editor-in-chief of Volume 93 of the journal, [...]

Oct

29

The Modern Prometheus: A Halloween Story

Posted by: | October 29, 2010 | Leave a Comment

It’s Halloween.  Time for my annual attempt at political satire (see last year’s effort here).  Apologies to Mary Shelly, Monty Python and Buck Henry. Setting: A laboratory located in a decrepit castle in Eastern Europe.  Test tubes and electrical transformers fill the room.  Outside, a thunderstorm rages.  The year is 1789. Dr. Madison: It’s alive!  [...]

Oct

28

The Beginning of the End for Life Without Parole?

Posted by: | October 28, 2010 | Leave a Comment

That question is the title of a new paper I’ve just uploaded to SSRN. Here is the abstract: This essay introduces a new issue of the Federal Sentencing Reporter that is devoted to different aspects of the sentence of life without parole. An important question raised by many of the articles is whether LWOP, after two decades [...]

Oct

28

Closing Thoughts on Opening a Law Practice

Posted by: | October 28, 2010 | Leave a Comment

This is my fourth and final guest post. I have dedicated my blogging this month to the topic of starting a law practice. The first week was focused on the reasons why people would want to hang a shingle. The second week’s post discussed start-up costs. The third week was focused on attracting clients. This [...]

Oct

27

The Negative News About Positive Political Ads

Posted by: | October 27, 2010 | 2 Comments

Near the end of Tuesday’s “On the Issues with Mike Gousha” session at the Law School, Gousha asked Mike Tate, chair of the Wisconsin Democratic Party, and Reince  Priebus, chair of the Wisconsin Republican Party, whether they thought candidates can win while running positive campaigns. Neither directly answered the question from Gousha, the Law School’s [...]

Oct

27

Why Do Women Hate Negotiating?

Posted by: | October 27, 2010 | Leave a Comment

Last week, the Washington Post had an article on its blog with this title reviewing the depressing research that women “don’t ask” at the same rate as men and exploring why this might be so.  After all, as the author notes, women are negotiating every day at home — why do we choose not to [...]

Oct

25

Best of the Blogs: One Lump or Two?

Posted by: | October 25, 2010 | Leave a Comment

November 2 is fast approaching, and the nation is awaiting the election results to see whether the Tea Party Movement will be revealed to be a force in American politics or an over-hyped media sensation.  This week’s “Best of the Blogs” feature provides everything a political junkie needs to learn more about the Tea Party Movement. The [...]

Oct

25

The Most Important Public Employment Law Case: Pickering v. Board of Education, 391 U.S. 563 (1968)

Posted by: | October 25, 2010 | 2 Comments

When most hear about public employment law, they believe the topic involves unions and collective bargaining between government employers and public employee unions.  This is not correct. Although public-sector labor law is an increasingly important area of inquiry given the robust union movement in the public sector, an equally important area concerns the constitutional rights [...]

Oct

25

What’s the Most Important U.S. Supreme Court Case in Your Area of the Law?

Posted by: | October 25, 2010 | Leave a Comment

This week, in somewhat belated celebration of the commencement of another term of the U.S. Supreme Court, we will be doing another of our special series: Marquette Law faculty members will be posting about the most important Supreme Court case in a subject that they teach. First up later today will be Paul Secunda, who [...]

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