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Marquette University Law School Legal Studies Research Paper Series
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Marquette University Law School

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Incl. Electronic Paper A Foe More Than a Friend: Law and the Health of the American Urban Poor
Fordham Urban Law Journal, (Vol. XLIV), Forthcoming , Marquette Law School Legal Studies Paper No. 17-4
David Ray Papke and Elise Papke
Marquette University - Law School and University of Wisconsin - Milwaukee
Date Posted: January 27, 2017
Accepted Paper Series
22 downloads

Incl. Electronic Paper The Definition of Negotiation: A Play in Three Acts
Missouri Journal of Dispute Resolution 2017 (1), Marquette Law School Legal Studies Paper No. 17-06
Andrea Kupfer Schneider, Noam Ebner, David Matz and John Lande
Marquette University - Law School, Creighton University School of Law - Werner Institute for Negotiation and Dispute Resolution, University of Massachusetts Boston and University of Missouri School of Law
Date Posted: January 23, 2017
Last Revised: February 08, 2017
Working Paper Series
67 downloads

Incl. Electronic Paper Should They Listen to Us? Seeking a Negotiation/Conflict Resolution Contribution to Practice in Intractable Conflicts
Missouri Journal of Dispute Resolution, Vol. 1 (Forthcoming), Marquette Law School Legal Studies Paper No. 17-03
Sanda Kaufman, Christopher Honeyman and Andrea Kupfer Schneider
Cleveland State University, Independent and Marquette University - Law School
Date Posted: January 18, 2017
Last Revised: February 09, 2017
Accepted Paper Series
36 downloads

Incl. Electronic Paper A ‘Grand’ Unified Negotiation Theory… in Context
Journal of Dispute Resolution, Vol. 2017, No. 1, Marquette Law School Legal Studies Paper No. 17-05
Adrian Borbely, Noam Ebner, Christopher Honeyman, Sanda Kaufman and Andrea Kupfer Schneider
IESEG School of Management, Creighton University School of Law - Werner Institute for Negotiation and Dispute Resolution, Independent, Cleveland State University and Marquette University - Law School
Date Posted: January 13, 2017
Last Revised: February 09, 2017
Accepted Paper Series
61 downloads

Incl. Electronic Paper The Microbead-Free Waters Act of 2015: Model for Future Environmental Legislation, or Black Swan?
Journal of Land Use & Environmental Law, Forthcoming, Marquette Law School Legal Studies Paper No. 17-2
David Strifling
Marquette University Law School
Date Posted: January 09, 2017
Accepted Paper Series
23 downloads

Incl. Electronic Paper Uber Retirement
University of Chicago Legal Forum, Vol. 2017, No. 1, 2017, Marquette Law School Legal Studies Paper No. 17-1
Paul M. Secunda
Marquette University - Law School
Date Posted: January 09, 2017
Accepted Paper Series
62 downloads

Incl. Electronic Paper Unique Problems and Creative Solutions to Assessing Learning Outcomes in Transactional Drafting Courses: Overcoming 'The Form Book Problem'
University of Daytona Law Review, Vol. 38, No. 1, 2012, Marquette Law School Legal Studies Paper No. 16-06
Jacob Carpenter
Marquette University Law School
Date Posted: December 16, 2016
Accepted Paper Series
38 downloads

Incl. Electronic Paper The Past and Future Challenges of Negotiation Theory
Ohio State Journal on Dispute Resolution, Vol. 31, No. 1, 2016, Marquette Law School Legal Studies Paper No. 16-10
Andrea Kupfer Schneider and Roy J. Lewicki
Marquette University - Law School and Ohio State University (OSU) - Human Resource Research
Date Posted: December 13, 2016
Accepted Paper Series
59 downloads

Incl. Electronic Paper Gearing for Battle: Ancient Warrior Wisdom for Negotiation
Tan Pan: The Chinese-English Journal on Negotiation, Vol. 2, Marquette Law School Legal Studies Paper No. 16-15
Andrea Kupfer Schneider, Vasudha Srinivasan and James Shing Ping Chiu
Marquette University - Law School, Singapore Mediation Centre and The University of Hong Kong
Date Posted: December 13, 2016
Last Revised: December 16, 2016
Accepted Paper Series
48 downloads

Incl. Electronic Paper Comparing NCAA and Olympic Athlete Eligibility Dispute Resolution Systems in Light of Procedural Fairness and Substantive Justice
Harvard Journal of Sports and Entertainment Law, Vol. 7, No. 1, 2016, Marquette Law School Legal Studies Paper No. 16-04
Josephine R. Potuto and Matt Mitten
University of Nebraska at Lincoln - College of Law and Marquette University - Law School
Date Posted: December 13, 2016
Last Revised: December 14, 2016
Accepted Paper Series
13 downloads

Incl. Electronic Paper Justice Reinvestment and the State of State Sentencing Reform
Federal Sentencing Reporter, Vol. 29, No. 1, 2016, Marquette Law School Legal Studies Paper No. 16-14
Michael M. O'Hear
Marquette University - Law School
Date Posted: November 22, 2016
Accepted Paper Series
24 downloads

Incl. Electronic Paper Constitutional Employment Law: Zimmer's Intuition on the Future of Employee Free Speech Law
Employee Rights and Employment Policy Journal, Vol. 20, No. 2, 2016, Marquette Law School Legal Studies Paper No. 16-12
Paul M. Secunda
Marquette University - Law School
Date Posted: October 29, 2016
Last Revised: January 07, 2017
Accepted Paper Series
13 downloads

Incl. Electronic Paper Public Attitudes toward Punishment, Rehabilitation, and Reform: Lessons from the Marquette Law School Poll
Federal Sentencing Reporter, Vol. 29, No. 1, 2016, Marquette Law School Legal Studies Paper No. 16-13
Michael M. O'Hear and Darren Wheelock
Marquette University - Law School and Marquette University Department of Social and Cultural Sciences
Date Posted: October 28, 2016
Accepted Paper Series
43 downloads

25 Years of Sports Law Scholarship: The History of the Marquette Sports Law Journal/Review
25 Marq. Sports L. Rev. 531 (2015) , Marquette Law School Legal Studies Paper No. 16-11
Paul M. Anderson
Marquette University - Law School
Date Posted: September 09, 2016
Last Revised: September 22, 2016
Accepted Paper Series

Incl. Electronic Paper Persuading with Precedent: Understanding and Improving Analogies in Legal Argument
Capital University Law Review, Vol. 44, No. 3, 2016, Marquette Law School Legal Studies Paper No. 16-05
Jacob Carpenter
Marquette University Law School
Date Posted: June 24, 2016
Accepted Paper Series
152 downloads

Incl. Electronic Paper How Cosmopolitan Are International Law Professors?
Michigan Journal of International Law, Forthcoming, Marquette Law School Legal Studies Paper No. 16-09, Texas A&M University School of Law Legal Studies Research Paper No. 16-38
Ryan Scoville and Milan Markovic
Marquette University - Law School and Texas A&M University School of Law
Date Posted: April 25, 2016
Last Revised: September 24, 2016
Accepted Paper Series
110 downloads

Incl. Electronic Paper Does Being Angry Lead to Good Research?
Marquette Law School Legal Studies Paper No. 16-03
Andrea Kupfer Schneider and Timothy Hedeen
Marquette University - Law School and Kennesaw State University
Date Posted: March 14, 2016
Working Paper Series
87 downloads

Incl. Electronic Paper Citizens Coerced: A Legislative Fix for Workplace Political Intimidation Post-Citizens United
UCLA Law Review, Vol. 64, p. 1, 2016, Forthcoming, Marquette Law School Legal Studies Paper No. 16-02
Alexander Hertel-Fernandez and Paul M. Secunda
Harvard University, Students and Marquette University - Law School
Date Posted: March 04, 2016
Accepted Paper Series
40 downloads

Incl. Electronic Paper American Lawyer and Courtroom Comedies
Oxford Research Encyclopedias, Forthcoming, Marquette Law School Legal Studies Paper No. 16-01
David Ray Papke
Marquette University - Law School
Date Posted: January 16, 2016
Accepted Paper Series
63 downloads

Incl. Electronic Paper Finding Customary International Law
Iowa Law Review, Vol. 101, 2016, Marquette Law School Legal Studies Paper No. 16-08
Ryan Scoville
Marquette University - Law School
Date Posted: September 18, 2015
Last Revised: August 08, 2016
Accepted Paper Series
89 downloads

Incl. Electronic Paper Of Judges, Law, and the River: Tacit Knowledge and the Judicial Role
Journal of Dispute Resolution, Vol. 2015, No. 1, Marquette Law School Legal Studies Paper No. 15-15
Chad M. Oldfather
Marquette University - Law School
Date Posted: September 10, 2015
Accepted Paper Series
84 downloads

Incl. Electronic Paper Having Students Take Responsibility for the Process of Learning
Conflict Resolution Quarterly, Vol. 20, No. 4, 2003, Marquette Law School Legal Studies Paper No. 15-14
Andrea Kupfer Schneider and Julie Macfarlane
Marquette University - Law School and University of Windsor - Faculty of Law
Date Posted: August 21, 2015
Accepted Paper Series
29 downloads

Incl. Electronic Paper Catching Up with the Major-General: The Need for a 'Canon of Negotiation'
Marquette Law Review, Vol. 87, No. 4, 2004, Marquette Law School Legal Studies Paper No. 15-13
Andrea Kupfer Schneider and Christopher Honeyman
Marquette University - Law School and Independent
Date Posted: August 16, 2015
Accepted Paper Series
17 downloads

Incl. Electronic Paper Are the Green Bay Packers Socialists?
Virginia Sports and Entertainment Law Journal, Vol. 14, No. 2, 2015, Marquette Law School Legal Studies Paper No. 15-12
Matthew J. Parlow and Anne-Louise Mittal
Chapman University, The Dale E. Fowler School of Law and Marquette University - Law School
Date Posted: July 09, 2015
Last Revised: August 21, 2015
Accepted Paper Series
393 downloads

Incl. Electronic Paper The Behavioral Economic Case for Paternalistic Workplace Retirement Plans
Indiana Law Journal, Vol. 91, No. 2, 2016 Forthcoming, Marquette Law School Legal Studies Paper No. 15-11
Paul M. Secunda
Marquette University - Law School
Date Posted: June 23, 2015
Accepted Paper Series
124 downloads

Incl. Electronic Paper Michael Sam and the NFL Locker Room: How Masculinities Theory Explains the Way We View Gay Athletes
Marquette Sports Law Review, Vol. 25, No. 1, 2014, Marquette Law School Legal Studies Paper No. 15-10
Lisa Mazzie
Marquette University - Law School
Date Posted: April 18, 2015
Accepted Paper Series
108 downloads

Incl. Electronic Paper Pension De-Risking
Washington University Law Review, Vol. 93, No. 3, 2016 Forthcoming, Marquette Law School Legal Studies Paper No. 15-07
Paul M. Secunda and Brendan S. Maher
Marquette University - Law School and University of Connecticut School of Law
Date Posted: March 12, 2015
Accepted Paper Series
193 downloads

Incl. Electronic Paper International Law in National Schools
Indiana Law Journal (2016 Forthcoming), Marquette Law School Legal Studies Paper No. 16-07
Ryan Scoville
Marquette University - Law School
Date Posted: March 03, 2015
Last Revised: July 21, 2016
Accepted Paper Series
137 downloads

Incl. Electronic Paper Using the Theories of Exit, Voice, Loyalty, and Procedural Justice to Reconceptualize Brazil's Rejection of Bilateral Investment Treaties
Washington University Journal of Law and Policy, Vol. 45, No. 1, 2014, Marquette Law School Legal Studies Paper No. 15-09
Andrea Kupfer Schneider, Nancy Welsh and Kathryn Rimpfel
Marquette University - Law School, Pennsylvania State University, Dickinson Law and Pennsylvania State University
Date Posted: February 20, 2015
Accepted Paper Series
51 downloads

Incl. Electronic Paper Of Umpires, Judges, and Metaphors: Adjudication in Aesthetic Sports and Its Implications for Law
Marquette Law School Legal Studies Paper No. 15-08
Chad M. Oldfather
Marquette University - Law School
Date Posted: February 19, 2015
Working Paper Series
88 downloads

Incl. Electronic Paper Towards the Development of Governance Principles for the Administration of Social Protection Benefits: Comparative Lessons from Dutch and American Experiences
Marquette Benefits and Social Welfare Law Review, Vol. 16, No. 2, Summer 2015, Forthcoming, Marquette Law School Legal Studies Paper No. 15-06
Frans Pennings and Paul M. Secunda
Utrecht University School of Law and Marquette University - Law School
Date Posted: February 13, 2015
Accepted Paper Series
39 downloads

Incl. Electronic Paper Baseball Diplomacy
Marquette Sports Law Review, Vol. 12, p. 473, 2001, Marquette Law School Legal Studies Paper No. 15-05
Andrea Kupfer Schneider
Marquette University - Law School
Date Posted: February 11, 2015
Accepted Paper Series
18 downloads

Incl. Electronic Paper Teaching Students to Be Problem-Solvers and Dispute-Resolvers
Building on Best Practices: Transforming Legal Education in a Changing World (Deborah Maranville, Lisa Radtke Bliss, Carolyn Wilkes Kaas & Antoinette Sedillo Lopez eds., 2015) , Marquette Law School Legal Studies Paper No. 15-04
Andrea Kupfer Schneider, Jill Gross and John Lande
Marquette University - Law School, Pace Law School and University of Missouri School of Law
Date Posted: February 11, 2015
Accepted Paper Series
168 downloads

Incl. Electronic Paper The Potential Unintended Consequences of the O’Bannon Decision
Washington and Lee Law Review Online, Vol. 71, p. 203 (2014), Marquette Law School Legal Studies Paper No. 15-01
Matthew J. Parlow
Chapman University, The Dale E. Fowler School of Law
Date Posted: January 14, 2015
Accepted Paper Series
124 downloads

Incl. Electronic Paper Urban Runoff, Its Consequences, and the Problems of Regulation
Chapman Law Review, Vol. 9, No. 2, 2006, Marquette Law School Legal Studies Paper No. 15-02
Matthew J. Parlow
Chapman University, The Dale E. Fowler School of Law
Date Posted: January 14, 2015
Accepted Paper Series
15 downloads

Incl. Electronic Paper Compelled Diplomacy in Zivotofsky v. Kerry
NYU Journal of Law & Liberty, Vol. 9, 2014, Marquette Law School Legal Studies Paper No. 15-03
Ryan Scoville
Marquette University - Law School
Date Posted: January 14, 2015
Last Revised: January 19, 2015
Accepted Paper Series
82 downloads

Incl. Electronic Paper Casual Convergence in Unincorporated Entity Law
Research Handbook on Partnerships, LLCs and Alternative Forms of Business Organizations, Robert W. Hillman & Mark J. Loewenstein eds., Edward Elgar Publishing, 2015, Forthcoming, Marquette Law School Legal Studies Paper No. 14-26
Nadelle Grossman
Marquette University - Law School
Date Posted: October 29, 2014
Accepted Paper Series
39 downloads

Incl. Electronic Paper What is the NBA?
Marquette Sports Law Review, Vol. 25, Forthcoming, Marquette Law School Legal Studies Paper No. 14-27
Nadelle Grossman
Marquette University - Law School
Date Posted: October 29, 2014
Accepted Paper Series
151 downloads

Incl. Electronic Paper Good Conduct Time for Prisoners: Why (and How) Wisconsin Should Provide Credits Toward Early Release
Marquette Law Review, Vol. 98, No. 1, 2014, Marquette Law School Legal Studies Paper No. 14-25
Michael M. O'Hear
Marquette University - Law School
Date Posted: September 28, 2014
Last Revised: November 22, 2016
Accepted Paper Series
56 downloads

Incl. Electronic Paper Remorse, Cooperation, and 'Acceptance of Responsibility': The Structure, Implementation, and Reform of Section 3E1.1 of the Federal Sentencing Guidelines
Northwestern University Law Review, Vol. 91, No. 4, 1997, Marquette Law School Legal Studies Paper No. 14-24
Michael M. O'Hear
Marquette University - Law School
Date Posted: July 23, 2014
Accepted Paper Series
34 downloads

Incl. Electronic Paper Sentencing the Green-Collar Offender: Punishment, Culpability, and Environmental Crime
Journal of Criminal Law and Criminology, Vol. 95, No. 1, 2004, Marquette Law School Legal Studies Paper No. 14-23
Michael M. O'Hear
Marquette University - Law School
Date Posted: July 23, 2014
Accepted Paper Series
67 downloads

Incl. Electronic Paper The Sports Broadcasting Act of 1961: A Comparative Analysis of its Effects on Competitive Balance in the NFL and NCAA Division I FBS Football
Ohio North University Law Review, Forthcoming, Marquette Law School Legal Studies Paper No. 14-22
Matt Mitten and Aaron Hernandez
Marquette University - Law School and Marquette University
Date Posted: June 25, 2014
Accepted Paper Series
190 downloads

Incl. Electronic Paper A Regulatory Solution to Better Promote the Educational Values and Economic Sustainability of Intercollegiate Athletics
Oregon Law Review, Vol. 92, No. 4, 2014, Marquette Law School Legal Studies Paper No. 14-21, Penn State Law Research Paper No. 29-2014
Stephen F. Ross and Matt Mitten
Pennsylvania State University, Penn State Law and Marquette University - Law School
Date Posted: June 25, 2014
Last Revised: July 15, 2014
Accepted Paper Series
138 downloads

Incl. Electronic Paper The Penn State 'Consent Decree': The NCAA's Coercive Means Don't Justify the Laudable Ends, but Is There a Legal Remedy?
Pepperdine Law Review, Vol. 41, No. 2, 2014, Marquette Law School Legal Studies Paper No. 14-20
Matt Mitten
Marquette University - Law School
Date Posted: June 25, 2014
Accepted Paper Series
30 downloads

Incl. Electronic Paper Litigating for the Future of Public Pensions
2014 Mich. St. L. Rev. 1353-1409, Marquette Law School Legal Studies Paper No. 14-19
Paul M. Secunda
Marquette University - Law School
Date Posted: May 30, 2014
Last Revised: May 29, 2015
Accepted Paper Series
199 downloads

Incl. Electronic Paper Federalism and Drug Control
Vanderbilt Law Review, Vol. 57, No. 3, 2004, Marquette Law School Legal Studies Paper No. 14-18
Michael M. O'Hear
Marquette University - Law School
Date Posted: May 25, 2014
Accepted Paper Series
76 downloads

Incl. Electronic Paper Lessons from the NBA Lockout: Union Democracy, Public Support, and the Folly of the National Basketball Players Association
Oklahoma Law Review, Vol. 67, No. 1, 2014, Marquette Law School Legal Studies Paper No. 14-17
Matthew J. Parlow
Chapman University, The Dale E. Fowler School of Law
Date Posted: May 17, 2014
Accepted Paper Series
328 downloads

Incl. Electronic Paper Statutory Interpretation and Direct Democracy: Lessons from the Drug Treatment Initiatives
Harvard Journal on Legislation, Vol. 40, No. 2, 2003, Marquette Law School Legal Studies Paper No. 14-16
Michael M. O'Hear
Marquette University - Law School
Date Posted: May 09, 2014
Accepted Paper Series
22 downloads

Incl. Electronic Paper Against Accuracy (as a Measure of Judicial Performance)
New England Law Review, Forthcoming, Marquette Law School Legal Studies Paper No. 14-15
Chad M. Oldfather
Marquette University - Law School
Date Posted: May 07, 2014
Accepted Paper Series
47 downloads

Incl. Electronic Paper Localization and Transparency in Sentencing: Reflections on the New Early Disposition Departure
Hamline Law Review, Vol. 27, No. 3, p. 357, 2004, Marquette Law School Legal Studies Paper No. 14-13
Michael M. O'Hear
Marquette University - Law School
Date Posted: May 07, 2014
Accepted Paper Series
13 downloads


 

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