February 26, 2015

Early Wisconsin Law: A New York State of Mind

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Category: Legal History, Public, Wisconsin Law & Legal System
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Chancellor James Kent

Chancellor James Kent

This is the third in a series of Schoone Fellowship Field Notes.

Legal cross-currents among states. Measuring the legal influence states have on each other is an intriguing but difficult task. Some scholars have approached the task by measuring the number of times a state’s supreme court decisions are cited in other states. Typically they have used these numbers to rank each state and have left it there. Little consideration has been given to regional variations in influence or changes in influence over time, or to the fact that judges rely on legal treatises as well as other courts’ decisions.

I have gone further, measuring case and treatise citations at 20-year intervals from 1800 to 1860. The book I am writing as part of the Schoone Fellowship will present these results in full. New York, as expected, was the most influential state but, surprisingly, American courts also relied heavily on English cases heavily until the 1840s. The numbers present a striking picture of America’s increasing reliance on its own law: Read more »

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Some Perspective from Five Marquette Lawyers Who Are General Counsel

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Category: Corporate Law, International Law & Diplomacy, Legal Practice, Public, Speakers at Marquette
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You are the general counsel of a large corporation. Your company is involved in negotiations to buy a competitor and there are layers upon layers of complexity and risk. Is a lawsuit against the competitor a deal-killer or no big deal? Why is a key employee of the other company about to bolt for a third company? Business for your own company has been slipping. Do you need this deal to save your company or will the deal wreck what you do have? The questions—and the pressure—build.

Ray Manista, Cari Logemann, Paul Dacier, Julie Van Straten, and Frank Steeves in Eckstein Hall’s Appellate Room

Ray Manista, Cari Logemann, Paul Dacier, Julie Van Straten, and Frank Steeves in Eckstein Hall’s Appellate Room

Paul Dacier, L’83, outlined the scenario before a capacity audience in the Appellate Courtroom of Eckstein Hall on Feb. 20, and as he did so, he asked members of the audience how they would handle each step.

As Dacier’s story comes to a head: The CEO calls you into his office. “It’s just the two of you in the room and the CEO is sweating bullets,” Dacier says. He wants to know what you as general counsel recommend.

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February 24, 2015

Congratulations to Marquette’s 2015 Jessup Team

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Category: International Law & Diplomacy, Legal Writing, Marquette Law School, Public
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JessupCongratulations to 3Ls Xheneta Ademi, Tyler Nash, Frank Remington, and Patrick Winter for reaching the quarterfinals of the Philip C. Jessup International Moot Court Midwest Regionals in Chicago this past weekend.  In its 56th year, the Jessup Competition is one of the world’s most prestigious moot court competitions.  The Midwest region is comprised of 21 teams.  Our Marquette team went 3 and 1 to advance to the quarterfinal rounds.

Attys. and Marquette Law alumni Juan Amado (Jessup, 2011), Matt Tobin (Jessup, 2014) and Drew Walgreen (MU moot court, 2013), as well as Professors Megan A. O’Brien and Ryan Scoville served as team advisors.  This year’s Jessup problem involved treaty interpretation in light of a claim of fundamental change in circumstances; a state’s use of countermeasures in response to an alleged breach; and, procedural and substantive issues resulting from a seccessionist movement.  Congratulations, again, to our MU Law School team for their tremendous effort in tackling these complex international law issues.

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February 23, 2015

Archbishop Explains the Pope’s Approach to Opposing Abortion

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Category: Public, Religion & Law, Speakers at Marquette
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Milwaukee Archbishop Jerome Listecki says, “Until I die, I will be supportive of pro-life efforts.” But does he understand what Pope Francis meant when he said that the Catholic Church was obsessed with issues such as abortion?

Yes, he said, during an “On the Issues with Mike Gousha” program at Eckstein Hall on Monday. The pope, he said, was not talking about the “rightness of the issue” and the church’s opposition to abortion. He was talking about how you spread the church’s message and bring people in.

Speaking of those who are particularly intent on the church’s fighting abortion, Listecki told Gousha, Marquette Law School’s distinguished fellow in law and public policy, “These are my friends. Do they sometimes give me heartburn? Yes, they do.” The way the church’s position is articulated by some can push people away, and that was what Pope Francis meant, the archbishop said.  Read more »

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February 20, 2015

Prisoner Enfranchisement in Ireland

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Category: Criminal Law & Process, Election Law, Human Rights, Prisoner Rights, Public
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I was surprised to learn recently from an Irish law professor that Ireland gave its prisoners the right to vote in 2006. Felon disenfranchisement is such a pervasive fact of life in the United States that many Americans might assume, as I did, that this is the accepted practice everywhere. This turns out not to be the case. Ireland is hardly alone, even among the common-law countries, in giving prisoners the right to vote, although the case of Ireland may be unusual in that its legislature acted in the absence of a court directive. Canada and South Africa, by contrast, required court rulings before their prisoners were enfranchised. The Irish story is nicely recounted in an article by Cormac Behan and Ian O’Donnell: “Prisoners, Politics and the Polls: Enfranchisement and the Burden of Responsibility,” 48 Brit. J. Criminology 319 (2008).

Before proceeding with the Irish story, a little on the American situation:   Read more »

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February 18, 2015

Lighting Out for the Territories

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Category: Legal History, Public, Wisconsin Law & Legal System
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Judge James Doty

Judge James Doty

This is the second in a series of Schoone Fellowship Field Notes.

Territorial judges: an overlooked force in American law. As Willard Hurst observed, during the past 150 years lawyers have been implementers rather than creators of law. We whose days are spent staring at a screen and poring over paperwork sometimes wish we could take a way-back machine to the days of legal creationism, if only for a little while. Yet an important group of creators—judges appointed from Washington, starting in the 1780s, to establish the law in America’s far-flung, largely unsettled new territories—are nearly forgotten today. Territorial judges were often, in the words of the French observer Achille Murat, “the refuse of other tribunals” or seekers after sinecures, and if they are remembered at all it is as much for their escapades as for their jurisprudence. But some of the territorial judges, including Wisconsin’s James Doty, stand out in American political and legal history, and the vital contributions they made to institutionalizing American law are often overlooked. The book being written under the Schoone Fellowship’s auspices will attempt to remedy that. Read more »

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Paul Taylor: A Positive Look at Big Changes in America’s Population and Sociology

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The title of Paul Taylor’s recent book refers to “a looming generational showdown” as America changes. But Taylor, a senior fellow at the Pew Research Center in Washington, didn’t strike a particularly ominous tone as he described what lies ahead during an “On the Issues with Mike Gousha” session at Eckstein Hall on Tuesday.

There were three reasons for that. First, Taylor described himself as “a glass half-full guy,” generally inclined to be optimistic. Second, he said America has dealt successfully with many challenges in its history. And third, he said the foremost challenge – how a big surge in Social Security and Medicare benefits for retirees will be supported by the workforce of a few years from now – can be handled successfully if Congress and the president are willing to do so.

In his book, “The Next America: Boomers, Millenials and the Looming Generational Showdown,” and in his conversation in the Appellate Courtroom, Taylor gave a wide-ranging, insightful, and occasionally light-hearted tour of big changes in the demographics of America. Read more »

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February 17, 2015

The Other “F” Word: Feminist

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Category: Feminism, Public
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When you ask young people today whether they are feminists, for most, even the young women, the answer is a forceful, assertive, “No!” In the last several decades, that word has taken on a negative—vehemently negative —connotation. Apparently, in this negative view, to be a feminist is be a bra-burning, man-hating lesbian.

But being a feminist does not mean those things. Being a feminist simply means that you believe women have equal rights—socially, politically, legally, economically. While it’s true that there are different strains of feminism, each with their different ideologies and some more radical than others, feminism at its base is simply about equality. And people of both genders tend to agree with equality. Read more »

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Residency Venue in Cases with Foreign Corporate Defendants

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Category: Federal Civil Litigation, Public
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A few years ago, Congress passed the Federal Courts Jurisdiction and Venue Clarification Act of 2011, in part to resolve, as the title suggests, uncertainties concerning the old venue statute. The effort succeeded in various regards, but Congress may have unwittingly created a new problem in the course of correcting others. Specifically, it’s not clear how to determine residency venue under 28 U.S.C. § 1391(b)(1) when at least one of the defendants is a foreign corporation.

The statute seems to provide two contradictory solutions: First, venue is appropriate in a district only if at least one defendant resides there and all defendants—including the foreign corporation—reside in the state in which the district is located. In this analysis, 1391(c)(2) decides residency questions for all corporate defendants such that a foreign corporation, like any other, is a resident of the given state only if it is subject to personal jurisdiction there. Read more »

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February 16, 2015

Exchange Programs Let Law Students Explore the World

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Category: Legal Education, Marquette Law School, Public
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University-of-CopenhagenStudents at the Marquette University Law School have several opportunities to make their legal education a truly international experience.  Of course, each summer the Law School offers its popular Summer Session in International and Comparative Law, a month long program in Giessen, Germany.  Every other year, Professor Schneider also offers her course in International Dispute Resolution, which includes 10 days of travel to Israel and meetings with representatives of the Israeli government.  More information on these opportunities will be provided at two orientation sessions held on February 19.

However, these orientation sessions will also provide information regarding a more immersive study abroad experience: the opportunity to spend an entire semester studying law at one of the Law School’s three law student exchange partners in Europe.  Through partnerships with the University of Copenhagen in Denmark, the University of Comillas in Madrid, Spain, and the University of Poitiers in France, the Marquette University Law School regularly hosts foreign students from our partner institutions for a semester, and also sends Marquette law students to our partners to study abroad for a semester. Read more »

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February 13, 2015

Milwaukee Arrests Rarely Involve Force, But Numbers Vary by District

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Category: Criminal Law & Process, Milwaukee, Public, Race & Law
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Last week, the Milwaukee Fire and Police Commission released its annual report on police uses of force for 2013. The report counts 895 incidents in 2013, employing a very broad definition of “use of force” that does not require either an injury or the use of a weapon. To put that number into perspective, the Milwaukee Police Department made more than 30,000 arrests in 2013. For each arrest in which force was used, there were about thirty-six arrests in which force was not used.

In nearly three-quarters of the use-of-force-incidents, no weapon was used by the police officer. In the remaining incidents, the most commonly used weapons were Tasers and pepper spray. Firearms were used on forty occasions, most commonly on dogs. Firearms were used against human subjects in fourteen incidents; eleven of the subjects were hit.   Read more »

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February 12, 2015

22nd Annual PILS Auction–An Interview with Nicole Brandemuehl

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Nicole BrandemuehlThe 22nd Annual Howard B. Eisenberg Do-Gooders’ Auction on behalf of the Law School’s Public Interest Law Society (PILS) will be held in the evening on Friday, February 13, 2015 at the Law School.  Proceeds from the event go to support PILS fellowships to enable Marquette law students to do public interest work in the summer.  Nicole Brandemuehl, a current law student, shares her experience here as a PILS fellow.  Besides her work as a PILS fellow, Nicole is helping to organize this year’s auction.

Where did you work as a PILS fellow?

I worked at the Milwaukee County Public Defender’s Office in the Felony Trial Division and the Early Intervention Team.

What kind of work did you do there?

My work was split, half with felony and Chapter 980 cases, and half with cases in the Early Intervention Program. I interacted heavily with clients, which included intake, interviewing the client on their social history, and going through reports with them. These client interactions gave me a chance to see many correctional institutions, including the Milwaukee County Jail, House of Corrections in Franklin, Wisconsin, and Sandridge Treatment Facility. I also received plenty of opportunities to research, as well as to write motions and other various court documents.

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