Dec

11

Why Dive?

Posted by: | December 11, 2011 | 2 Comments

As the temperatures drop at this time of year in Wisconsin, my thoughts turn to diving in the Caribbean. Scuba diving is my family’s hobby, and we have dived (and snorkeled) throughout the Caribbean. I have seen almost anything imaginable on dives except for sharks. I know (and actually hope) they are there, swimming at [...]

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Aug

28

Fukushima and the Law of the Sea (Part I)

Posted by: | August 28, 2011 | Leave a Comment

Two days ago, Japan’s nuclear regulatory agency disclosed estimates of the volume of radioactive material that has escaped from the Fukushima reactor complex since the March earthquake and tsunami. The agency estimates that the emitted volume of radioactive cesium is approximately 168 times higher than that of the atomic bomb dropped on Hiroshima at the end [...]

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May

26

Whose Right Is It, Anyway?

Posted by: | May 26, 2011 | Leave a Comment

Although the Supreme Court has yet to release an opinion in American Electric Power v. Connecticut (previously discussed here), many commentators approaching the case from divergent points of view believe that the Court will likely reject the common law public nuisance cause of action, which is based on the power companies’ creation and release of [...]

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May

12

Greenhouse Gases, and Other Hot Air

Posted by: | May 12, 2011 | 3 Comments

In American Electric Power Co. v. Connecticut, the Supreme Court is faced with the next, inevitable step in a line of climate change litigation including, most notably, Massachusetts v. EPA in 2007.  The case includes, as did Massachusetts, a jurisdictional question of whether the plaintiff states and land trusts have standing, either under Article III or [...]

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May

10

Quill Winners Explore Visa Adjudications and Limits of Public Trust Doctrine

Posted by: | May 10, 2011 | Leave a Comment

Congratulations to 3Ls Cain Oulahan and Gabe Johnson-Karp, the winners of this year’s Gold and Silver Quill Awards, respectively.  The Quill Awards recognize the top two student comments published in the Marquette Law Review. Cain’s comment is “The American Dream Deferred: Family Separation and Immigrant Visa Adjudications at U.S. Consulates Abroad.”  He explores the tension [...]

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Dec

20

New Law Review Comments Cover Social Networking, Wind Farms, Deceptive Trade Practices Act, Open Records Law, and Purchase Money Security Interests

Posted by: | December 20, 2010 | 1 Comment

Now available online, the recently published student comments in the Marquette Law Review cover a wide range of topics.  They include Nathan Petrashek’s comment on the impact of online social networking on Fourth Amendment privacy.  Since social networking sites like Facebook and MySpace attract both criminals (e.g., sexual predators, identity thieves) and the police who investigate [...]

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Jul

1

Environmental Law Paper Earns Recognition

Posted by: | July 1, 2010 | 2 Comments

This past semester, the Environmental Law Section of the Wisconsin State Bar sponsored a competition for the best student paper in environmental law. To be eligible, students had to submit a 7,500-10,000 word paper based on original research. Ryann Beck — who just graduated in May — won this year’s competition with her article entitled [...]

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May

15

How Can Software Licensing Help Farmers in the Developing World?

Posted by: | May 15, 2010 | Leave a Comment

Answer: By providing a model for licensing agreements that can protect the farmers’ intellectual property rights in the seed that they use.  I recently posted on the problem of biopiracy – the appropriation of genetic resources from developing nations by pharmaceutical and other companies.  Similar concerns have been raised about agro-companies obtaining exclusive intellectual property rights in plant [...]

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May

8

Can New Patent Rules Help to Reduce Biopiracy?

Posted by: | May 8, 2010 | Leave a Comment

Endowed with extraordinary genetic diversity, the world’s tropical rainforests have produced the raw material for many highly profitable pharmaceuticals.  Yet, the nations in which the rainforests are located — many of which are among the poorest in the world — often realize little economic benefit.  “Bioprospectors” have traditionally had little difficulty operating outside the legal regulation [...]

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May

5

Gulf Oil Disaster — Lessons in Torts and Bailouts

Posted by: | May 5, 2010 | Leave a Comment

The oil rig explosion that killed eleven workers and causes the daily flow of an estimated 200,000 gallons of oil into the Gulf of Mexico presents a gut check moment on tort policy.  A lot of harm has been and will be caused by this catastrophe, and somebody will bear the cost of that harm. [...]

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Apr

1

What Do Offshore Wind Farms Have To Do With the Disintegration of Contract Law in Wisconsin?

Posted by: | April 1, 2010 | Leave a Comment

Answer: They are the subjects of this year’s top student comments in the Marquette Law Review.  The winners of the Gold and Silver Quill Awards were announced at last week’s Law Review banquet.  Marvin Bynum won the Gold for “Testing the Waters: Assessing Wisconsin’s Regulatory Climate for Offshore Wind Projects,” while Donald Stroud won the Silver for [...]

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Feb

15

Water and People Conference

Posted by: | February 15, 2010 | 1 Comment

On Friday, February 26, 2010, Marquette University Law School (MULS) will hold its annual Public Service Conference at the Alumni Memorial Union on the Marquette University campus on the increasingly important topic of water law.  The conference, entitled “Water and People,” will address water issues in Wisconsin (as well as nationally and internationally), development and [...]

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