Alan Madry | Marquette University (original) (raw)

Papers by Alan Madry

2. Though Brentwood Academy is the first opinion in which the Supreme Court has weighed in on the... more 2. Though Brentwood Academy is the first opinion in which the Supreme Court has weighed in on the issue, a number of other courts over almost thirty years had already confronted the liability of statewide high school athletic organizations to constitutional standards. BrentwoodAcad., 121 S. Ct. at 929 n.1. Contrary to the tide of opinion and the decision of the Supreme Court in Brentwood Academy, the Sixth Circuit found no state action in Brentwood Academy. Brentwood Acad. v. Tennessee Secondary Sch. Athletic Ass'n., 180 F.3d 758 (6th Cir. 1999). 3. Brentwood Acad., 121 S. Ct. at 929. All facts related in this article, unless otherwise noted, are drawn from the opinions discussed.

Marquette Law Review, 1999

ly, we can say that for any sentence 'P,' 'P' is true if and only if P. Regarded ... more ly, we can say that for any sentence 'P,' 'P' is true if and only if P. Regarded as a condition that any definition of truth must honor, Tarski referred to the abstract schema as 'Condition T'. Regarded alone it can be referred to as 'Schema T'. Many philosophers, the logical positivist Rudolf Carnap as well as W.V.O. Quine and others, seized on Schema T not only as providing a minimum condition for an acceptable definition of truth. They regarded Schema T as saying about all that was of interest concerning the conceptm The meaning of any sentence, any 'P', is just given by the sentence itself, that is, by simply removing the quotation marks and stating (rather than mentioning) 'P'. Hence, 'disquotationalism.' On this account, asserting that a sentence is true does no more than simply reasserting the sentence itself. To say that a sentence is true, therefore, explains nothing about the sentence, in contrast in particular, for e...

University of Pittsburgh Law Review, 2000

University of Michigan. I would like to thank Jacquelyn Core, whose acute sense of detail and sym... more University of Michigan. I would like to thank Jacquelyn Core, whose acute sense of detail and sympathy for the reader unfamiliar with philosophy saved many parts of this Article from remaining as sketches, and Joel Richimer for taking time away from his own projects and reading early drafts of this work. His comments greatly improved both its substance and presentation. I would also like to thank Richard Bronaugh for his generous editorial comments and Anthony Peressini for reviewing the discussion of Quine.

Variances from local zoning ordinances are traditionally understood to be extraordinary remedies ... more Variances from local zoning ordinances are traditionally understood to be extraordinary remedies for parcels that are unique within their zones and because of the unique circumstances the parcel cannot be used for any reasonable purposes. The uniqeness requirement assures that more widespread problems are addressed by the legislature rather than the zoning boards of adjustment that grant variances. Empirical studies have found that zoning boards of adjustment routinely ignore the statutory conditions for granting variances and grant them instead based on their own assessment of the appropriateness of the variance. Nonetheless, until recently, the Wisconsin Supreme Court applied the statutory law strictly to overturn rogue decisions by local boards. Recently, however, led by an activist conservative majority, the Wisconsin Supreme Court reinterpreted its past decisions more consistent with the practices of the boards. It interpreted the standard as embodying a substantive due process...

62 University of Pittsburgh Law Review 1, 2000

12 Marquette Sports Law Review 365, 2001

91 Marquette Law Review 485, 2007

Marq. L. Rev.

INTRODUCTION The principle of bivalence is a logical rule that regards every descrip- tive senten... more INTRODUCTION The principle of bivalence is a logical rule that regards every descrip- tive sentence as either true or false.' Consider the simple sentence, 'The dog is in the car.' It purports to describe a current state of affairs in the world, that there is now a particular dog in a particular car. If ...

Marq. L. Rev.

INTRODUCTION The principle of bivalence is a logical rule that regards every descrip- tive senten... more INTRODUCTION The principle of bivalence is a logical rule that regards every descrip- tive sentence as either true or false.' Consider the simple sentence, 'The dog is in the car.' It purports to describe a current state of affairs in the world, that there is now a particular dog in a particular car. If ...

2. Though Brentwood Academy is the first opinion in which the Supreme Court has weighed in on the... more 2. Though Brentwood Academy is the first opinion in which the Supreme Court has weighed in on the issue, a number of other courts over almost thirty years had already confronted the liability of statewide high school athletic organizations to constitutional standards. BrentwoodAcad., 121 S. Ct. at 929 n.1. Contrary to the tide of opinion and the decision of the Supreme Court in Brentwood Academy, the Sixth Circuit found no state action in Brentwood Academy. Brentwood Acad. v. Tennessee Secondary Sch. Athletic Ass'n., 180 F.3d 758 (6th Cir. 1999). 3. Brentwood Acad., 121 S. Ct. at 929. All facts related in this article, unless otherwise noted, are drawn from the opinions discussed.

Marquette Law Review, 1999

ly, we can say that for any sentence 'P,' 'P' is true if and only if P. Regarded ... more ly, we can say that for any sentence 'P,' 'P' is true if and only if P. Regarded as a condition that any definition of truth must honor, Tarski referred to the abstract schema as 'Condition T'. Regarded alone it can be referred to as 'Schema T'. Many philosophers, the logical positivist Rudolf Carnap as well as W.V.O. Quine and others, seized on Schema T not only as providing a minimum condition for an acceptable definition of truth. They regarded Schema T as saying about all that was of interest concerning the conceptm The meaning of any sentence, any 'P', is just given by the sentence itself, that is, by simply removing the quotation marks and stating (rather than mentioning) 'P'. Hence, 'disquotationalism.' On this account, asserting that a sentence is true does no more than simply reasserting the sentence itself. To say that a sentence is true, therefore, explains nothing about the sentence, in contrast in particular, for e...

University of Pittsburgh Law Review, 2000

University of Michigan. I would like to thank Jacquelyn Core, whose acute sense of detail and sym... more University of Michigan. I would like to thank Jacquelyn Core, whose acute sense of detail and sympathy for the reader unfamiliar with philosophy saved many parts of this Article from remaining as sketches, and Joel Richimer for taking time away from his own projects and reading early drafts of this work. His comments greatly improved both its substance and presentation. I would also like to thank Richard Bronaugh for his generous editorial comments and Anthony Peressini for reviewing the discussion of Quine.

Variances from local zoning ordinances are traditionally understood to be extraordinary remedies ... more Variances from local zoning ordinances are traditionally understood to be extraordinary remedies for parcels that are unique within their zones and because of the unique circumstances the parcel cannot be used for any reasonable purposes. The uniqeness requirement assures that more widespread problems are addressed by the legislature rather than the zoning boards of adjustment that grant variances. Empirical studies have found that zoning boards of adjustment routinely ignore the statutory conditions for granting variances and grant them instead based on their own assessment of the appropriateness of the variance. Nonetheless, until recently, the Wisconsin Supreme Court applied the statutory law strictly to overturn rogue decisions by local boards. Recently, however, led by an activist conservative majority, the Wisconsin Supreme Court reinterpreted its past decisions more consistent with the practices of the boards. It interpreted the standard as embodying a substantive due process...

62 University of Pittsburgh Law Review 1, 2000

12 Marquette Sports Law Review 365, 2001

91 Marquette Law Review 485, 2007

Marq. L. Rev.

INTRODUCTION The principle of bivalence is a logical rule that regards every descrip- tive senten... more INTRODUCTION The principle of bivalence is a logical rule that regards every descrip- tive sentence as either true or false.' Consider the simple sentence, 'The dog is in the car.' It purports to describe a current state of affairs in the world, that there is now a particular dog in a particular car. If ...

Marq. L. Rev.

INTRODUCTION The principle of bivalence is a logical rule that regards every descrip- tive senten... more INTRODUCTION The principle of bivalence is a logical rule that regards every descrip- tive sentence as either true or false.' Consider the simple sentence, 'The dog is in the car.' It purports to describe a current state of affairs in the world, that there is now a particular dog in a particular car. If ...