Marquette Law Scholarly Commons

As the transition from fossil fuels to renewable energy accelerates, intellectual property has become one of the most valuable assets held by emerging green technology companies. Patents, trademarks, copyrights, and trade secrets often comprise a greater share of these companies' value than tangible assets, making intellectual property an increasingly important source of collateral for commercial…

This comment examines how cryptocurrency is used in illicit cross-border transactions before examining some of the means currently employed to combat this criminal activity. Through analysis of the European Union’s Markets in Crypto-Assets (MiCA) regulations, this Comment proposes a multi-perspective approach for new legislation in the United States beyond the GENIUS Act of 2025. Specifically, th…

“Fair use” is a commonly invoked term of legal art that dates back to the 19th century and has undergone significant transformation since its inception. Specifically, the first factor of fair use, encompassing transformativeness, purpose, and commercial use, has generated significant circuit splits, leading to disparate outcomes for litigants depending on the presiding circuit. In an attempt to a…

This Comment will explore the current landscape surrounding trade secret protections in Wisconsin Open Records Law requests. The lack of access to state-protected trade secrets, and overall lack of transparency, effectively endangers the general health and safety of the Wisconsin public and environment. When a request is made for information under the Wisconsin Open Records Law pertaining to stat…

Political micro-targeting employs granular data analytics to deliver hyper- personalized political messaging, raising fundamental tensions between electoral strategy, data privacy, and democratic accountability. The Facebook- Cambridge Analytica scandal exposed significant gaps in pre-GDPR data protection laws, highlighting the risks of unchecked algorithmic profiling in shaping voter behavior. H…

This Article examines how copyright law defines creativity and authorship in an era of rapidly evolving artistic expression, with particular emphasis on generative artificial intelligence. Tracing the development of U.S. copyright law from its constitutional foundations through modern case law, the author explores the legal standards governing originality, fixation, human authorship, and the idea…

This Article examines the increasing reliance on "history and tradition" as a method of constitutional analysis in First Amendment cases involving intellectual property. The author argues that, although the Supreme Court has recently embraced this methodology in other constitutional contexts, particularly Second Amendment jurisprudence, it has long relied on similar reasoning to uphold intellectu…

Repository Citation Table of Contents, 30 Marq. Intell. Prop. & Innovation L. Rev. (2026). Available at: https://scholarship.law.marquette.edu/ipilr/vol30/iss2/2

Abstract None. Repository Citation Volume 30, Spring 2026 Masthead, 30 Marq. Intell. Prop. & Innovation L. Rev. (2026). Available at: https://scholarship.law.marquette.edu/ipilr/vol30/iss2/1 None. Volume 30, Spring 2026 Masthead, 30 Marq. Intell. Prop. & Innovation L. Rev. (2026). Available at: https://scholarship.law.marquet…

This Article reexamines W.E.B. Du Bois’s theory of the “Talented Tenth” through the lens of contemporary African American males in urban educational contexts. Drawing on historical origins, critical race theory, and modern jurisprudence surrounding higher education, it argues that law and policy have systematically overlooked those who form what this Article terms the “Urban Talented Tenth.” Thes…

In the age of assistive reproductive technology, same-sex couples have more avenues than ever before to become parents, but the law has failed to match pace. With the ever-growing number of same-sex couples conceiving children through artificial insemination, Wisconsin must take action to remedy the inequality of same-sex couples adopting their biological or intended children. As of the publicati…

The role of law in society is complex and often intersects with evolving societal norms, politics, technology, etc. Despite this complexity, students, especially our current Gen-Z students, enroll in law school, hoping to enact positive change within their communities through the legal system. As noted by recent studies, law students' reasons for attending law school have shifted from a “desire t…

Abstract None Recommended Citation (2026) "Volume 27, Spring 2026 Masthead," Marquette Benefits and Social Welfare Law Review: Vol. 27: Iss. 2, Article 1. Available at: https://scholarship.law.marquette.edu/benefits/vol27/iss2/1 None (2026) "Volume 27, Spring 2026 Masthead," Marquette Benefits and Social Welfare Law Review: Vol. 27: Iss. 2, Article 1. Available at: https://scholarship.law.marquet…

Abstract None Repository Citation Rebecca Frank Dallet, Harnessing Your Superpower as a Lawyer, 109 Marq. L. Rev. 1623 (2026). Available at: https://scholarship.law.marquette.edu/mulr/vol109/iss4/11 None Rebecca Frank Dallet, Harnessing Your Superpower as a Lawyer, 109 Marq. L. Rev. 1623 (2026). Available at: https://scholarship.law.marquette.edu/mulr/vol109/iss4/11

Criminal cases involving novel digital evidence warrants often raise constitutional and suppression issues. As these constitutional issues become harder to resolve, resolution of the suppression issues becomes easier to predict. Where officers obtain warrants to use cutting-edge investigative techniques in the absence of any legal authority, it is unlikely that evidence obtained pursuant to those…

We all think we understand Terry v. Ohio. But we don’t. In fact, for decades, we’ve taken the wrong doctrinal lesson from Terry and its progeny. Even though Terry discussed the constitutional standards surrounding “stop-and-frisks,” many of us have interpreted Terry as only permitting a “stop-and-then-a-frisk”—that is, a police officer is permitted to stop an individual on the suspicion that he i…

Mandatory arbitration clauses have become a common fixture in consumer and employment contracts, requiring individuals to resolve disputes through private arbitration rather than in court. These provisions often preclude class actions and limit appellate rights, raising significant concerns about transparency, fairness, and access to justice. While advocates argue that arbitration offers efficien…

In Rucho v. Common Cause , the Supreme Court held that partisan gerrymandering is a nonjusticiable political question. The Court’s opinion admits that “[e]xcessive partisanship in districting leads to results that reasonably seem unjust.” The injustice is the ability of the majority party to use political gerrymandering to entrench itself as the governing party and to remain so, long after that p…