Jan

31

Seventh Circuit Week in Review: A Sentencing Remand Based on Mental Disability

Posted by: | January 31, 2009 | Leave a Comment

The Seventh Circuit had only one new opinion in a criminal case last week.  United States v. Williams (No. 07-1573) arose from a series of bank robberies.  Four codefendants were convicted and sentenced to lengthy terms of imprisonment, ranging from 221 months to life.  All four defendants appealed on a variety of different issues, although [...]

Jan

30

O’Hear to Chair the Federal Nominating Commission

Posted by: | January 30, 2009 | Leave a Comment

Since 1979, Wisconsin’s senators have used some form of what they term a “Federal Nominating Commission” to recommend individuals for vacant federal judgeships and U.S. Attorney’s positions. (One can see the current charter from the senators here.) Whether this approach is good public policy is a worthy question, but not my topic here. Rather, I [...]

Jan

30

Virtual Book Club

Posted by: | January 30, 2009 | Leave a Comment

We add a new feature to the Marquette Law School Faculty Blog this semester: a virtual book club.  Over the course of the semester, participants will read and post about a particular book.  The book this semester will be The Invisible Constitution by Laurence Tribe (left).  From the publisher’s description: As everyone knows, the United States [...]

Jan

30

Client Fraud and the Lawyer

Posted by: | January 30, 2009 | Leave a Comment

  As the disaster in the financial markets continues to unfold, greed and avarice – the usual suspects – are being overshadowed by pervasive fraud as a prime mover.  We have, of course, the infamous Bernie Madoff and now the “mini-Madoffs” upon whom we can heap large helpings of blame, but deceit, misrepresentations, and fraud [...]

Jan

29

In Defense of To Kill a Mockingbird

Posted by: | January 29, 2009 | 7 Comments

One of my favorite legal movies is To Kill a Mockingbird.  The movie is an adaptation of the Pulitzer Prize-winning novel by Harper Lee.  I disagree with my esteemed colleague Professor Daniel Blinka’s recent blog that he’d “rather leave the planet than read or watch To Kill a Mockingbird – Finch loses the big case and gets his [...]

Jan

29

Whither the Culture Wars?

Posted by: | January 29, 2009 | Leave a Comment

A whole lot of people must have been out of the office yesterday because I am quoted in a Foxnews.com article on political clashes between the Catholic Church and the Obama administration. Although I am not sure that it quite captures my remarks to say that “Catholic politicians have been excommunicated in recent years for not supporting [...]

Jan

28

Faculty Workshop on Criminal Procedure in Russia

Posted by: | January 28, 2009 | 3 Comments

Yesterday, our colleague Professor Olga Semukhina of the Marquette Department of Social and Cultural Sciences gave a presentation entitled Criminal Procedure in Modern Russia: The Path of Reforms as part of our faculty workshop series. She outlined the structure of the Russian Criminal Procedure Code (adopted in 2002), explained how the criminal process works, and [...]

Jan

27

It’s a Rap. Really.

Posted by: | January 27, 2009 | 2 Comments

In Advanced Legal Writing class, students discuss different persuasive techniques that lawyers and judges use in their writing.  We debate the pros and cons of using literary references, illustrative narratives, pop culture references, historical examples, and unusual formats and organizations. I never once, however, discussed (or even considered) the possibility that a litigant would submit [...]

Jan

27

The Holiday Formerly Known as Good Friday

Posted by: | January 27, 2009 | Leave a Comment

The Madison-based Freedom From Religion Foundation has sent a letter of complaint regarding the  recognition of Good Friday as a campus holiday by fifteen of the state’s sixteen technical colleges, apparently pursuant to collective bargaining agreements with instructional staff. The FFRF argues that closing on Good Friday (not just calling the off day “Good Friday’) [...]

Jan

27

Outliers and the Health and Wellness Fair at MULS

Posted by: | January 27, 2009 | 1 Comment

I appreciated Professor Dan Blinka’s thoughtful post on the book Outliers.  The book begins with a quote from the book of Matthew in the New Testament:  “For unto everyone that hath shall be given, and he shall have abundance.  But from him that hath not shall be taken away even that which he hath.”  Matthew [...]

Jan

26

Marquette to Host 2009 Central States Legal Writing Conference

Posted by: | January 26, 2009 | Leave a Comment

As just reported on the Legal Writing Prof Blog, the law school will host this fall’s Central States Legal Writing Conference.  The conference planning committee (led by our wonderful Alison Julien) met last Friday, and I am already excited for the event.  The regional legal writing conferences tend to focus on ideas for improving our [...]

Jan

26

Law & Baseball

Posted by: | January 26, 2009 | Leave a Comment

Matt Mitten has a new paper on SSRN entitled Baseball: An Illustration of How Professional Sports Are Structured, Internally Governed, and Legally Regulated in the USA.  The paper, which is based on a presentation Matt delivered at Dongguk University in Korea, provides an engaging overview of key legal issues in the regulation and administration of Major League Baseball.  [...]

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