International Law

[Introduction] The retirement of trademarks such as “Uncle Ben” and “Aunt Jemima” during the fulcrum of the Black Lives Matter movement prompted scholars to reconsider how trademark law protected various marks that perpetuated images built on a terrifying scaffold of...

Introduction Theories of intellectual property (IP) tend to come in two varieties: “normative” theories that concern themselves with evaluating the extent to which IP rights are (or are not) justified, and “positive” theories that focus on explaining the origins or...

Abstract The development of artificial intelligence (AI) justified the introduction at the level of the European Union (EU) of a new copyright exception regarding text and data mining (TDM) for purposes of scientific research conducted by research organizations and entities...

<span>Envisaging legal cases’ outcomes can assist the judicial decision-making process. Prediction is possible in various cases, such as predicting the outcome of construction litigation, crime-related cases, parental rights, worker types, divorces, and tax law. The machine learning methods can function...

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How Not to Democratize Algorithms by Ngozi Okidegbe; Missing Children Discrimination by Itay Ravid & Tanisha Brown; Justifications for Fair Uses by Pamela Samuelson; Section Three of the Fourteenth Amendment from the Perspective of Section Two of the Fourteenth Amendment...

The Wisconsin Law Review presents, Nov. 3, 2023: The 2023 Wisconsin Law Review Symposium Registration available here.The symposium will be hosted by Professor Bernadette Atuahene, University of Southern California (USC) School of Law, featuring nationally-renowned scholars, journalists, and practitioners. The...

Tax Sheltering Death Care by Victoria J. Haneman; Menstrual Justice After Dobbs by Margaret E. Johnson; Scrutinizing Succession by Carrie Stanton; The Neutral Criteria Myth by James Piltch; and Wisconsin’s Ideal Affirmative Defense Standard for Human Sex Trafficking Survivors by...

ARTICLE The Invisible Prison: Pathways and Prevention Margaret F. Brinig* & Marsha Garrison** In this Article, we propose a new strategy for curbing crime and delinquency and demonstrate the inadequacy of current reform efforts. Our analysis relies on our own,...

ARTICLE In Defense of Empiricism in Family Law Elizabeth S. Scott* It is fitting to include an essay defending the application of empirical research to family law and policy in a symposium honoring the scholarly career of Peg Brinig, who...

ARTICLE Due Process of War Nathan S. Chapman* The application of the Due Process Clause of the Fifth Amendment to the government’s deprivation of rights during war is one of the most challenging and contested questions of constitutional law. The...

ARTICLE Beyond Bankruptcy: Resolution as a Macroprudential Regulatory Tool Steven L. Schwarcz* Postcrisis efforts to extend bankruptcy-resolution techniques to protect the stability of the financial system have been insufficient, in part because regulators have been conflating bankruptcy’s traditional goals of...

ARTICLE The Institutional Economics of Marriage: A Reinterpretation of Margaret Brinig’s Contribution to Family Law Douglas W. Allen* Margaret (Peg) Brinig has made a massive contribution to family law over the course of the past thirty-five years. Spanning the two...

ARTICLE The Demise of the Functionality Doctrine in Design Patent Law Perry J. Saidman* The so-called doctrine of functionality arises in both design patent validity and infringement analyses. Broadly stated, the doctrine seeks to ensure that design patents do not...

ARTICLE The Algorithm Game Jane Bambauer* & Tal Zarsky** Most of the discourse on algorithmic decisionmaking, whether it comes in the form of praise or warning, assumes that algorithms apply to a static world. But automated decisionmaking is a dynamic...

Residual State Power to Regulate Presidential Qualifications in The Wake Of Trump v. Anderson and Moore v. Harper by Vikram David Amar; History, Tradition, and Voter Registration by Joshua A. Douglas; “The Real Preference Of Voters”: Madison’s Idea of a...

Adjudicating De Facto Parentage by Stephanie L. Tang; Behind the Bench: Unmasking the Judicial Role in North America’s Prolonged Access to Justice Crisis by Brajesh Ranjan; Abuse Victims Are Not Sleeping Away Their Day in Court: Claim Preclusion and Wisconsin...

The legal profession is facing an era of change driven by technological advancements, environmental crises, shifting client expectations, and evolving societal norms. This article argues that flexibility and resilience are not just positive personality traits but essential legal skills that...

Abstract The widespread usage of machine learning systems and econometric methods in the credit domain has transformed the decision-making process for evaluating loan applications. Automated analysis of credit applications diminishes the subjectivity of the decision-making process. On the other hand,...

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Evaluating whether machines improve on human performance is one of the central questions of machine learning. However, there are many domains where the data is <i>selectively labeled</i> in the sense that the observed outcomes are themselves a consequence of the...