Jul

31

“We Can Be Better Than That”

Posted by: | July 31, 2011 | 2 Comments

Law school is hard.  Being a lawyer is harder.  But that difficulties and responsibilities come with entering the legal profession is not something to bemoan or a cause to run away.  Nor should the difficulty of legal education and practice be sought purely as a means to financial rewards, especially since these rewards are becoming [...]

Jul

29

Trying to Hire a Hit Man? Don’t Answer Your Cell Phone

Posted by: | July 29, 2011 | 1 Comment

A new Seventh Circuit decision underscores the jurisdictional breadth of the federal murder-for-hire statute, 18 U.S.C. § 1958(a). Although solicitation to commit murder would seem a prototypical state offense, it can be prosecuted federally if money was involved and a “facility of interstate commerce” was used. And it takes very little indeed to satisfy the latter [...]

Jul

29

Florida’s “Strict-Liability” Drug Law Found Unconstitutional

Posted by: | July 29, 2011 | 1 Comment

Are there any constitutional limits on the power of a legislature to restructure state-of-mind elements as affirmative defenses? The Supreme Court has suggested that such limits do exist, but has not clearly delineated what they are. However, an interesting habeas case now moving through the lower federal courts may provide a good opportunity to clarify [...]

Jul

25

The Law in Shakespeare’s Works

Posted by: | July 25, 2011 | 5 Comments

Last Friday I had the pleasure of listening to an interview on WPR with Stephen Marche, author of the book, How Shakespeare Changed Everything.* During the interview, Mr. Marche talked about how many English words were first used by Shakespeare.  Lawyers can thank Shakespeare for words like “negotiate”, “compromise”, and “circumstantial”.** The conventional wisdom is [...]

Jul

24

The Uncertain Future of Multiemployer Benefit Plans

Posted by: | July 24, 2011 | Leave a Comment

Multiemployer benefit plans, writes Paul Secunda, “once represented one of the greatest triumphs in American labor relations in providing employee benefits to workers of small employers in itinerant industries (such as in building and construction, trucking, retail, and the entertainment industry).” In a new paper on SSRN, Paul explores three major challenges facing multiemployer plans. [...]

Jul

20

Combatting Gray Markets: A Copyright-Protected Distribution Right or a Sherman Act Violation?

Posted by: | July 20, 2011 | 3 Comments

At one time, the prospect of stating legal claims against gray market importers looked bleak.  Product manufacturers tried trademark protection, but trademark law proved disappointingly unsuccessful.  One company has now turned to copyright protection, and this company obtained a Ninth Circuit decision that found a store using a gray market importation scheme unable to raise a defense [...]

Jul

19

New Issue of IP Law Review

Posted by: | July 19, 2011 | Leave a Comment

The latest issue of the Marquette Intellectual Property Law Review is now out in print.  The contents include: Mark Lemley’s Nies Lecture, “Can the Patent Office Be Fixed?” Ysolde Gendreau’s lecture on copyright reform in Canada, “Canada and the Three-Step Test: A Step in Which Direction?” Dalila Hoover’s article, “Coercion Will Not Protect Trademark Owners in [...]

Jul

18

Gov. Walker Tacks for the Middle, Particularly on Education Issues

Posted by: | July 18, 2011 | 2 Comments

Some politicians say they don’t pay attention to what polls show. Gov. Scott Walker is one of them. Most of those who say that actually do pay attention to polls. I assume Walker is one of them. That’s certainly as good a way as I can think of to explain what is clearly an effort [...]

Jul

15

Separation of Powers and the Wisconsin Supreme Court

Posted by: | July 15, 2011 | Leave a Comment

Yesterday, I participated in a panel discussion hosted by the Madison Chapter of the Federalist Society, entitled “Separation of Powers: Wisconsin Supreme Court’s Decision Upholding the Collective Bargaining Law.”  The discussion was moderated by Justice Jon Wilcox of the Wisconsin Supreme Court (Retired) and along with myself the panel included Deputy Attorney General Kevin St. [...]

Jul

13

Ponderings of a Law Professor: Moving from Law School to Law Practice

Posted by: | July 13, 2011 | 2 Comments

(Editor’s note:  Professor Mazzie’s June post for the Ms. JD blog remains relevant, as last year’s law graduates make their transitions from school to work, and current students contemplate their future paths.) [T]housands of law students have graduated from their respective law schools [in May and June].  They will spend this summer studying for bar [...]

Jul

11

Was There Really a Professional Baseball Team Called the Confederate Yankees?

Posted by: | July 11, 2011 | 6 Comments

In the history of American sports team names, few names can match the bizarre quality of the Columbus, Georgia “Confederate Yankees” who played in the AA Southern League from 1964 to 1966.  The image of future black major leaguer star Roy White wearing a Confederate flag patch on his minor league uniform sleeve is jarring, [...]

Jul

11

Seventh Circuit Reaffirms Conviction of Gov. Ryan

Posted by: | July 11, 2011 | Leave a Comment

As the Casey Anthony trial/cultural moment/media feeding frenzy reached its denouement last week, two of the biggest trials of 2006 collided in the Seventh Circuit.  Five years ago, Illinois Gov. George Ryan and Enron President Jeffrey Skilling were both convicted of mail fraud.  From there, the two cases took quite different paths.  Ryan’s conviction was affirmed [...]

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