May 26, 2017

Wisconsin Grows, but Most Municipalities Shrink

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Category: Marquette Law School Poll, Milwaukee
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On May 25, 2017, the Census Bureau released its 2016 annual population estimates for subcounty geographic units.[1] This granular level of detail allows us to look more closely at where population change has occurred across the state.

As a whole, Wisconsin gained an estimated 91,419 people between July 2010 and July 2016—including 10,817 in the year ending July 2016. But these headline numbers obscure major variation across the state. Of the more than 1,850 cities, towns, and villages making up Wisconsin, 833 grew since 2010 and 986 of them shrank. Smaller places tended to get smaller, while bigger places got bigger. In 2010, 70 percent of the state lived in municipalities which would grow in the next six years, compared to just 30 percent in municipalities that would shrink. Much of this loss was concentrated in the northern region of the state, with the notable exception of several communities in Douglas County near Duluth, MN.

The map above shows the percent change in population for each Wisconsin municipality from 2010 to 2016.[2] The Green Bay/Appleton and greater Madison regions saw some of the highest growth, with additional sustained growth occurring in the Western part of the state including La Crosse, Eau Claire, and the Minneapolis/St. Paul suburbs. Nearly all portions of Marathon County surrounding Wausau have also experienced growth since 2010, although the City of Wausau itself declined marginally. This stands in stark contrast to nearby Rusk County, which lost 4 percent of its total population over the same time period. The only county to fare worse was neighboring Price County where the population declined by 4.5 percent. Dane County fared best with 9 percent growth, followed by tiny Menomonee (7 percent) and Green Bay area Brown County (5 percent).

Applying the same scale to just the past year’s change reveals similar, though necessarily less severe, trends. From 2015 to 2016 the City of Milwaukee lost an estimated 4,300 people, or about 0.7 percent of its population. Combined with a minor decline the year before, this essentially wiped out the city’s slight growth from 2010 to 2014.

Despite stagnant population size in places like Milwaukee and Wausau, Wisconsin’s growth is driven by its most populous communities. Municipalities with populations of at least 10,000 grew an average of 1.5 percent from 2010 to 2016. Municipalities with less than 1,000 residents shrank an average of 0.5 percent.

 

[1] Estimates are for July 1 of each year.

[2] I use the Census Bureau’s July population estimate base for 2010, not the decennial census. The technical unit of measurement in the map is Minor Civil Division (MCD), which corresponds with Wisconsin’s municipalities except in situations where municipalities cross county lines. In those rare cases, each county’s portion of the municipality is measured and mapped uniquely. Statistics in the report, however, reflect the total figures for each municipality.

 

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May 25, 2017

A Day of Insight on Major Environmental Topics — and Proper Garbage Disposer Use

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Category: Environmental Law, Public, Speakers at Marquette, Water Law
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The sharing of thoughtful expertise on matters of great long-term importance – that was the virtue and strength of a conference at Marquette Law School on May 16. “Innovation at the Food-Energy-Water Nexus” brought together about 75 professionals and academic figures from across Wisconsin and the country who work in these tightly related fields. 

The day-long session, organized by David Strifling, director of the Water Law and Policy Initiative at Marquette Law School, and an organizing committee, had a broad theme of how leaders and researchers in these crucial fields could work together and stretch their vision to serve the best and broadest sense of the public good.

Speakers at the event covered a variety of topics including energy recovery at wastewater treatment facilities, the importance of groundwater, ethical aspects of decisions about natural resources, and the deep links between agriculture, water, and energy. Yet for the handful of people in the audience who were less technical in their backgrounds — and for a larger audience such as this one – the most practical piece of wisdom may well have been a bit of advice on how to use a garbage disposal.

In the question and answer session at the end of a panel discussion on environmental issues, one of those non-technical people in the audience (no, it wasn’t me, but I had the same question on my mind) asked if it was better for the environment to put your food waste into your garbage disposer, sending it to a wastewater treatment facility, or into your garbage, sending it to a landfill. She said her garbage disposer sometimes got clogged, causing flooding in her basement, so she stopped using it.

One of the panelists was Michael Keleman, manager of environmental engineering for InSinkErator, a leader in the garbage disposal field. The company is headquartered in Sturdevant, in Racine County. Not surprisingly, Keleman is partial to garbage disposer units and putting most food waste down the sink.

He told the questioner, “It seems like people, when they have problems, it’s probably from improper use. That’s this: They’ll load up the chamber or the sink and say, ‘Oop, it’s time to use the disposer, my sink’s getting full, it’s running over the top.’ They’ll turn the disposer on and then they’ll turn the water on and then, as soon as they see the food and water disappear, they’ll turn the water off and the disposer off.

“What you really want to do is turn your water on first, then turn your disposer on second, and then add your food waste gradually. Let it grind until you don’t hear any food waste any more. Turn the disposer off and let the water run for a few seconds.”

So is it better to do that than throw your waste in the garbage can? Keleman said food waste is 70 to 90 percent  water. “Why are we handling this as a solid waste?” he asked. “It’s not really solid any more if you’re using the disposer right.” Its density is about the same as water and it will be successfully transported to a treatment facility that can recover resources – including clean water and energy – from it, and simultaneously avoid land use problems.

Keleman had less cheerful advice on a second matter raised by the questioner, avoiding disposing of unneeded drugs by flushing them down the toilet or sink.

While saying programs to dispose of pharmaceuticals by other means are “great,” Keleman was skeptical of how much difference they make.

“We take in these pharmaceuticals, we excrete back over 90% of it,” he said. “The bottom line is, as long as pharmacy is the way it is, we’re going to excrete most of these endocrine disrupters and birth control pills, even caffeine, all the things – the pain killers, benzodiazepines. These are all things our society is taking and we’re excreting. So no matter how good a job we do at take-back programs, they’re still going to be this in the waste water stream.“

In Keleman’s accounting, score one for proper use of a garbage disposer. And do what you can about disposing of drugs – but don’t have illusions about I in a society where drug use is so extensive.

To read the program for the conference, click here. To watch video of the entire conference, click here. The exchange with Keleman starts at 5 hours and 14 minutes into the video.  ##

 

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Panelists Say New Assessment Tool Makes Pre-Trial Release Decisions “Smarter”

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Category: Criminal Law & Process, Judges & Judicial Process, Milwaukee, Public, Speakers at Marquette
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One of the most important decisions a judge or court commissioner makes in handling criminal cases is whether the defendant should be kept in jail or released while awaiting an outcome. A person’s constitutional rights and the community’s need for safety need to be weighed.

At an “On the Issues with Mike Gousha” program at Marquette Law School on Wednesday, Maxine White, chief judge of the Milwaukee County Circuit Court, summarized the obligation of judges and commissioners when making those decisions: “To do everything possible to get it right.”

“When I started as a judge 25 years ago, the ‘getting it right’ was all in Maxine’s head and Maxine’s gut,” White said. “Since that time, we’ve gotten smarter.”

The tool that is being used now as a key to getting smarter was the focus of the program in the newly-named Lubar Center (previously the Appellate Courtroom) at Eckstein Hall as White, L’85, along with Milwaukee County District Attorney John Chisholm and Wisconsin First Assistant State Defender Tom Reed, described a scoring system that is being used in Milwaukee County and almost 30 other jurisdictions around the United States to better inform decisions on releasing or incarcerating those awaiting outcomes of criminal complaints.   Read more »

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May 16, 2017

Insights on Judiciary and Tech Industry Highlight New Marquette Lawyer Magazine

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Category: Criminal Law & Process, Environmental Law, Federal Law & Legal System, Marquette Law School, Public, Speakers at Marquette, U.S. Supreme Court, Wisconsin Criminal Law & Process
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Marquette Lawyer Summer 2017 CoverTwo pairs may not be the most powerful hand in poker, but they are definitely a winning combination for the Summer 2017 edition of Marquette Lawyer, the Marquette Law School magazine.

One pair in the magazine focuses on how long U.S. Supreme Court Justices should serve and, more broadly, how to assure confidence in the judiciary. Judge Albert Diaz of the U.S. Court of Appeals for the Fourth Circuit focused on this in the E. Harold Hallows Lecture he delivered at Marquette Law School in 2016. The magazine offers a lightly edited text of the lecture by Diaz, including his advocacy of ideas he presumes that few of his fellow judges would support. Paired with the text is a comment from Diaz’s colleague on the Fourth Circuit, Judge James Wynn, L’79. An interview and profile of Wynn accompany his comment. The Diaz text may be read by clicking here and the Wynn comment (and interview) here.

The other pair in the magazine offers provocative insights from two people who play leading roles in the tech world. Brad Smith, president and chief legal officer of Microsoft, made two appearances at Marquette Law School on November 15, 2016, delivering the Helen Wilson Nies Lecture on Intellectual Property and participating in an “On the Issues with Mike Gousha” program. A selection of his thoughts may be found by clicking here.

Ted Ullyot is currently a partner at Andreessen Horowitz, a leading venture capital firm in Silicon Valley, and he was formerly general counsel for Facebook—indeed, the lawyer who led the company in the process of going public. An edited version of Ullyot’s remarks at the Law School in a Helen Wilson Nies Lecture in April 2016 may be found by clicking hereRead more »

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May 15, 2017

Law Firm Ads and Other Fun

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For my ethics class, I have students works through the applicable rules by creating advertisements for their law firms.   As a little break from finals (and grading them), here are the top ones in various formats–worth watching them all!

For cutest actors and great point on collaborative divorce:

For best take off on Breaking Bad 

For best tag line about clients:  LGLcommercial – Medium

For all around best in show and a good bit of magic!

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May 13, 2017

Israel Reflections 2017–Trust is Optional–Last Blog of the Trip!

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Category: International Law & Diplomacy, Marquette Law School, Negotiation, Public
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MOty Cristal stands in front of a classroom of students and lectures.Speaker Moty Cristal is always one of the student favorites and, frankly, I never know what he is going to do.  Last time, he led us in an exercise learning about coalitions.  This time, Moty focused on the lessons from his upcoming book chapter in the Negotiator’s Desk Reference regarding negotiation in low-to-no trust environments.  As usual, the students loved him!  Here is student James Wold’s assessment.

The most memorable speaker I found in Israel was one of the last ones we had during our week. Moty Cristal is one of Israel’s leading negotiation experts and I knew it would be an interesting discussion from the moment he called himself a prac-ademic (a play on practictioner and academic). He noted that he is not exactly a practitioner, nor a pure academic in the field of negotiation. What he is, however, is undeniably brilliant and fascinating. In many ways, he tied up a lot of the issues that we were dealing with on the trip, such as conflict resolution. I find myself wanting to learn so much more from and about him.

The portion of the one-hour discussion (it was anything but a lecture) that got me to stand up and take notice was his statement that trust is not a prerequisite to negotiation and that respect of the process and freedom to hate were important. While respecting the process is something I’ve heard before, the freedom to hate aspect was a sharp departure from most of what I’ve learned regarding negotiation. In most of my learnings, it emphasized gaining the trust of the other side is vital in starting a negotiation. Although it was perhaps a bit counterintuitive, the lesson I took away on freedom to hate is that neither side must be friends at the end of the day to make a deal work, especially when resolving a conflict. Moty’s entire presentation style and infectious energy kept me engaged from beginning to end. Read more »

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Israel Reflections 2017–Race and Diversity

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Category: Human Rights, Marquette Law School, Political Processes & Rhetoric, Public, Race & Law
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Close up photo of Ethiopian member of the Israel Defense Forces kissing the Western Wall in Israel.Another new meeting this year was with Oshra Friedman of Tebeka legal services, an organization that provides specialized legal services for the Ethiopian immigrants to Israel.  As we learned on our last trip, Israel has welcomed thousands of immigrants from Ethiopia of Jewish heritage and assimilation into the modern society of Israel can be very challenging.   As we also saw last time, these challenges can remind us and cause us to reflect on the challenges of race here in Milwaukee.  From Student Sheila Thobani:

Before we even discussed paper topics prior to departing for Israel, thoughts about the conflict were already flooding my mind. Not the cliché thoughts of the obvious conflict, the talked about every day in the media conflict, but one that I had a more personal association with: identity. I believe that is why Oshra Friedman’s narrative engaged my curiosity.

With the constant comments in public about my physical characteristics, one-second longer than comfortable gazes, and second-guess pseudo interrogations by people of authority—I was waiting at the edge of my chair to see how someone who looked different than every other person on the streets of Israel dealt with her diversity. An immigrant from Ethiopia, whose parents refused to assimilate, who jumped forward too far because her community was too backwards, who didn’t succumb to gender norms, who married an Ashkenazi Israeli- this was a story I was all too familiar with; a familiarity not by exposure but by experience.

Whereas, over the border and across the sea, America has heard Friedman’s story of diversity for generations, Israel is still becoming familiar with this narrative. By no means do I mean to convey that because in America the story is heard that it is accepted and internalized- I only mean that it is there that there is the exposure and familiarity. As Friedman spoke about her mixed race children handling the innocence of childhood and the ignorance of adults, and agave accounts of situations they faced, I relived my own childhood memories of confusion colored by pride. Read more »

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1 in 7 U.S. Prisoners Now in for Life

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According to a new report by the Sentencing Project, there are now 206,268 life-sentenced prisoners in the United States, amounting to one in every seven inmates. As a result of a long-term national crime decline and years of effort in many states to divert nonviolent drug offenders from prison, the nation’s overall incarcerated population has been slowly dropping in recent years. However, the number of life-sentenced inmates has continued its seemingly inexorable increase.

The Sentencing Project has helpfully tracked life-sentence trends in a series of reports since 2004, but the new publication includes a valuable addition to the data: those inmates who do not formally have a life sentence, but whose prison terms are so long that they may be fairly characterized as life sentences anyway. The Sentencing Project defines these “virtual life” sentences as those involving prison terms of at least fifty years. Given an average age at arrest of thirty for violent offenders, and a life expectancy of forty-eight more years for American males of that age, the fifty-year cutoff seems reasonable. Using this criterion, the Sentencing Project counted 44,311 inmates with virtual life sentences (included in the 206,268 figure noted above).

Most of the life-sentenced inmates are at least theoretically parole-eligible.  Read more »

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May 12, 2017

The Importance of Legal Apprenticeship: Why There is no Substitute for the Master-Student Relationship

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“Never trust a teacher who does not have a teacher.”

-Unknown

On the first day of my Summer Clerkship in 2016 at the firm of Anspach Meeks Ellenberger LLP in Toledo, Ohio, Mark Meeks, a partner at the firm, sat me down in his office to give me the rundown of what I could expect during my twelve weeks there.  At that meeting, he stressed the importance of the work I would be doing, as well as the fact that most of it would be spent on what was going to turn out to be one of the most important cases the firm would try in years.  He also said something I will never forget: “What you learn in law school is a mile wide and an inch deep.”  He told me I would likely learn more during that summer than I did in my entire first year of law school.  I was skeptical, but by the end of the summer, I would come to understand what he meant.

My father, Robert Anspach, is founder and managing partner of the firm.  In his office there is a picture hanging on the wall of a man no older than my father is today.  If I didn’t know any better, I would have guessed it was his father.  It is, however, not a blood relative: it is a picture of Charlie W. Peckinpaugh, Jr., the man who mentored my father during his early, formative years as a practicing attorney, into the effective lawyer he is today. (Pictured above.)

The Master-Apprentice relationship has been around for millennia. (Consider, for example, one of the most well-known teacher-student relationships of Socrates and Plato).  In the study of Yoga (capital “Y,” for union of mind, body, and spirit), those who want to become teachers (or better yet, who are called to be teachers), learn to master their art by studying under this sort of tutelage. Read more »

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May 9, 2017

The Curious Nature of Expunged Offenses

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Roughly six years ago the Wisconsin Legislature amended the expunction statute to permit certain felonies to be expunged. At the same time, the Legislature also permitted expunction for older offenders. Previously, defendants had to be under 21 to secure the benefits of expunction. Under the newly revised statute, defendants under 25 could now have certain crimes removed from their record.

Since the expunction statute was altered, Wisconsin law has been in disarray when it comes to analyzing the framework of expunction. For decades, judges had always “reserved” a defendant’s right to seek expunction. This was logical – judges naturally wanted to see how a defendant would do on probation before making the final decision. But the Court of Appeals, in an unfortunate ruling, found that the expunction statute barred such an approach. Now, judges have to do their best to analyze the proverbial “crystal ball,” making the decision to confer expunction at the time of sentencing, as opposed to making the decision after two or three years of probation. Read more »

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May 6, 2017

Israel Reflections 2017–Treating Terrorists and Other Medical Challenges

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Category: Health Care, Human Rights, International Law & Diplomacy, Marquette Law School, Public
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Television camras and microphones surround Dr. Ofer Merin dressed in doctor's scrubs.One other new visit this year was with Dr. Ofer Merin, a commander of the Israel Defense Force (IDF) Medical Field Unit and emergency room doctor at Shaare Zedek Medical Center in Jerusalem.   As student Margo Clark notes, his roles often require both flexibility and understand beyond our immediate biases.

Dr. Ofer Merin is the Chief of the IDF Field Hospital, which travels to different countries to offer assistance in times of need. One example of the IDF Field Hospital’s greatest accomplishments is its ability to be the only field hospital from a foreign country to help the Japanese people after they were devastated by a tsunami. Their success comes from the amount of flexibility and understanding that Dr. Merin and his team work under. Rather than pushing their own system, Dr. Merin and his team worked under and around Japanese law. Under Japanese law, it is illegal for a foreign doctor to treat a Japanese citizen.  The team was flexible and put the Japanese people first. Their flexibility is exemplified by their assisting and enabling Japanese doctors to treat the large number of Japanese people who were in need. By foregoing their egos and putting understanding and flexibility first, Dr. Merin and his team were the only foreign field hospital team to be allowed to help the Japanese people.  Here is a MSNBC news report showing the IDF work in Haiti from 2010.

Dr. Merin’s flexibility and understanding is continually shown in his additional role as the Deputy Director of the Shaare Zedek Medical Center. This center is known for simultaneously treating terrorists and the victims of their attacks. It is excessively difficult to imagine how hard it must be to treat a terrorist. However, Dr. Merin understands the consequences of both treating and not treating terrorists and being beyond reproach as far as bias towards his patients. As a doctor, he is an example of following the Hippocratic oath and doing no harm under stressful conditions where many would be tempted to be biased and fail their duties as doctors. His example is important because if he can work without bias towards terrorists, doctors everywhere should use his example to attempt to work without any sort of bias. Read more »

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Israel Reflections 2017–The Israeli Supreme Court

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Category: International Law & Diplomacy, Judges & Judicial Process, Marquette Law School, Public
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Interior view of a hallway in the Isralei Supreme Court Building with natural light strwaming in from a row of windows.This year we were able to meet with two different former Israeli Supreme Court Justices–at the beginning and at the end of the trip–which provided great bookends to our week of learning.  Student Celeste Borjas reflects on the visit to the Supreme Court…

On our last day in Jerusalem we were able to tour the Israeli Supreme Court. The Israeli Supreme Court building is conveniently situated between the Israeli Parliament building (the Knesset) and the office of the Prime Minister. Our tour guide explained that this was purposeful, and was meant to symbolize the role of the judiciary as mediator of conflict. As we entered the building, I was taken aback by the amount of natural light entering through the windows. Though it was a very rainy day, there was no need for lamps or artificial lighting in the foyer. Another physical attribute of the Court foyer that caught my eye was the aesthetic created by a wall made entirely out of Jerusalem stone (a sandy-white limestone out of which most buildings in Jerusalem are constructed) standing opposite of a clean unadorned wall of white plaster. Our tour guide explained that this juxtaposition was meant to symbolize how the laws of men on Earth should complement the ultimate pursuit of eternal justice.

One of the first things to surprise me was that the Israeli Supreme Court actually operates similarly to the United States Court of Appeals. I had originally expected the highest court in Israel to resemble the Supreme Court of the United States. Not so. Like the U.S. Court of Appeals, the Israeli Justices (13 total) typically preside over cases in panels of three. Additionally, parties to a suit are entitled to an appeal at the Israeli Supreme Court as a matter of right. Moreover, any person may directly petition the Israeli Supreme Court (and bypass the district courts) if an action by an Israeli governmental entity contradicts/contravenes the basic laws of the Knesset. This last point reminded me of the power of the D.C. Circuit to hear cases involving federal agency action. Read more »

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