Marquette University

Marquette University Law School
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    Reconstruction Of The Reasonable Person Standard Under Chinese Patent Law

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    Title IX\u27s Impact Upon Collegiate Coaching: The Unfortunate Unintended Consequences of Title IX

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    Presuit Lawyer Information Duties Relevant to Civil Litigation

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    In both federal and state courts in the United States, there are significant civil procedure, professional responsibility, and substantive laws addressing presuit lawyer duties on creating, preserving, producing, and protecting information relevant to later civil litigation. These laws speak to lawyer conduct both in personally handling information and in overseeing the information acts of others. To date, the challenges these laws pose to lawyers have not been well examined, or even largely perceived. And, to date, lawyers have been left unaccountable for their personal violations of these duties

    The Impact of Social Security of Dependents and Financing of Post-Secondary Education of Dependents on Support Obligations in Particularly California Divorces After the Tax Cuts and Jobs Act of 2017

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    The 2017 Tax Cuts and Jobs Act made alimony in divorce decrees and separation agreements entered into after December 31, 2018, neither deductible by the payor nor income to the payee for federal income tax purposes. Likely, that change in the tax law will result in less income to payees in a divorce and higher taxes for payors. In California, support in divorces is basically calculated by the software program Dissomaster. With payors facing higher taxes, such payors may look for possible sources of additional income for paying support. Payors may receive a credit in California against the support obligation for children for Social Security paid to such children, particularly on account of the payors’ Social Security status. In addition, there is at least a majority of authority in California that payments for post-secondary education expenses of adult children may be considered by California courts in determining a just and equitable award of support

    The First Amendment and the Regulation of Speech Intermediaries

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    Calls to regulate social media platforms abound on both sides of the political spectrum. Some want to prevent platforms from deplatforming users or moderating content, while others want them to deplatform more users and moderate more content. Both types of regulation will draw First Amendment challenges. As Justices Thomas and Alito have observed, applying settled First Amendment doctrine to emerging regulation of social media platforms presents significant analytical challenges

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