Marquette University

Marquette University Law School
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    7078 research outputs found

    Is the Legal Profession Too Independent?

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    Faced with mounting pressure to permit national law practice and increase access to legal services for those who cannot afford to pay for them and critiques about growing inequality and its failure to lead the battles for greater gender and racial justice, the legal profession’s response has been to resist reform proposals by invoking its independence. Lawyers and lawyers alone, asserts the profession, ought to determine the pace and details of nationalizing law practice, set the conditions under which nonlawyers and artificial intelligence can offer legal services, and respond to growing inequality among lawyers and concerns about the role lawyers play, and fail to play, in the quest for a more just society. Any outside interference, cautions the profession, would undermine lawyers’ independence and our commitment to the Rule of Law. Asserting the independence of the bar has proven to be an effective rhetorical ploy, successfully disarming criticisms and weakening calls for reform— because who can argue against the Rule of Law

    Alleviating the Harms of Substandard Housing to Wisconsin Tenants: Correlating Rent with Assessed Property Value

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    Like other cities across the nation, Milwaukee utilizes a mix of regulatory, statutory, and common law tools to address the problem of substandard rental housing. This Comment examines the efficacy of those legal tools, in the process demonstrating that existing remedies offer insufficient protections to tenants in need of habitable housing. This Comment then proposes a novel legal strategy that is designed to ameliorate the problem of low-quality, overpriced rental housing: amending Wis. Stat. § 66.1015 to permit implementation of a “rent-value correlation rate”—giving municipalities the option to cap monthly contract rent as a percentage of the assessed property value. Tenants could use the rent-value correlation rate as an affirmative defense to eviction. And because tenants would finally owe a financial obligation commensurate with the substandard quality of contracted housing, landlords might be motivated to maintain or improve the quality of the premises in order to restore or increase profit margins

    Plea Bargaining for the People

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    Our criminal justice system must be democratic enough to allow for significant citizen participation. Unfortunately, our current system cuts the people out. Instead of juries, plea bargaining professionals like prosecutors, defense attorneys, and judges decide most cases. Plea bargaining does efficiently process cases but, in addition to its well-known coercive aspects that warp case outcomes, ignores what I call “criminal justice citizenship.” This refers to the people’s privilege to participate on an equal basis in the criminal justice system. That participation strengthens our democracy, shores up the legitimacy of the system, and helps to ensure that the system, within constitutional constraints, does not become untethered from the people it is supposed to serve. Because the jury trial has all but disappeared, other participatory democratic institutions, like grand juries and plea juries, must play a more prominent role

    An Analysis of Immigration Law and Potential Recourse for World Cup 2026 Players

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    2020 Annual Survey: Recent Developments in Sports Law

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    Swearing in the Phoenix: Toward a More Sensible System for Seating Members of the House of Representatives at Organization

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    Under U.S. House precedent, any member-elect can challenge the right of any other member-elect to take the oath of office at the beginning of a new term. The uncontested members-elect then swear in and decide the fate of those who were forced to stand aside. If the House is closely divided and there are disputed elections at the margins, a minority party could exploit this procedure to try to seize control of the House

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