May
23
Does Justice Souter Make a Difference?
Posted by: Edward A. Fallone | May 23, 2009 | Leave a Comment
This is my final posting as the Faculty Blogger for the Month of May. Thanks to everyone who has commented on my posts and a special thanks to my colleague Michael O’Hear. As we await word on the nomination of Justice Souter’s replacement on the Supreme Court, many observers are wondering whether the change in [...]
May
22
“Happy Anniversary! On to the dedication”
Posted by: Joseph D. Kearney | May 22, 2009 | Leave a Comment
So read the sign this morning on my front lawn, surrounded by some 14 shovels. The reference, of course, is to Ray and Kay Eckstein Hall, the $85 million new law facility on which Marquette University broke ground a year ago today and which is scheduled to open in summer 2010. The groundbreaking was a [...]
May
22
Seventh Circuit Criminal Case of the Week
Posted by: Michael M. O'Hear | May 22, 2009 | Leave a Comment
By the default, the title “Case of the Week” must go to the only new opinion of the week: United States v. Gooden (No. 08-3240). And even Gooden only barely qualifies, as the opinion is merely a slightly amended version of an earlier opinion in the case (noted in my post here). The only difference [...]
May
21
Nobody Expects the Spanish Inquisition
Posted by: Peter Heyne | May 21, 2009 | 2 Comments
“Our four weapons are fear, surprise, ruthless efficiency, and an almost fanatical devotion to…Justice?” Cardinal Ximénez, put aside the [dish-drying] rack and the Comfy Chair. Torture should be thrown into the ash heap of history. Spanish Inquisitors have devised a more clever means to punish the errant: universal jurisdiction. With apologies to Monty Python, [...]
May
20
David Herbert Donald
Posted by: J. Gordon Hylton | May 20, 2009 | 2 Comments
The noted historian, Professor David Herbert Donald of Harvard University, passed away on Sunday, May 17, at the age 88. Professor Donald was a two-time winner of the Pulitzer Prize for Biography and was widely recognized as the preeminent Lincoln scholar of the twentieth century. Although not normally classified as a legal or constitutional historian, [...]
May
20
The One-Month Anniversary of Arizona v. Gant: A Sign of Things to Come
Posted by: Michael M. O'Hear | May 20, 2009 | Leave a Comment
Although we have not yet seen the flurry of end-of-term opinions sure to emerge from the Supreme Court in June, few are likely to gain as much immediate attention as Arizona v. Gant, in which the Court imposed new Fourth Amendment limitations on the ability of police officers to search vehicles. The CrimProf listserve has [...]
May
20
Teaching E-Negotiation
Posted by: Michael M. O'Hear | May 20, 2009 | Leave a Comment
Andrea Schneider has an interesting new paper on SSRN entitled “You’ve Got Agreement: Negoti@ting via Email.” Andrea and her coauthors explore what is different about negotiating by email, as opposed to in person, and discuss how teachers of negotiation might better prepare students for the practice of e-negotiation. (Andrea discussed her personal experiences with email negotiation in the classroom in [...]
May
19
Should Courts Enforce Contracts Induced by Lying?
Posted by: Nadelle E. Grossman | May 19, 2009 | Leave a Comment
The most recent issue of the Marquette Law Review includes a provocative article written by Professor Allen Blair of Hamline University Law School on contracts and fraud (92 Marq. L. Rev. 423). In the article, Professor Blair explores why courts tend to not enforce so called “no reliance” clauses in contracts, clauses in which one [...]
May
18
Seventh Circuit Criminal Case of the Week: Watch the “R” Word, Prosecutors!
Posted by: Michael M. O'Hear | May 18, 2009 | Leave a Comment
Two months ago, I posted here about the Seventh Circuit’s sharp rebuke of a prosecutor in United States v. Farinella, in which the defendant was charged with selling mislabeled bottles of salad dressing. The court’s concerns focused, in part, on the prosecutor’s repeated suggestions to the jury that the salad dressing was spoiled, despite the [...]
May
17
Congratulations . . .
Posted by: Michael M. O'Hear | May 17, 2009 | Leave a Comment
to the freshly graduated Marquette University Law School Class of 2009. Best wishes for success in all of your future endeavors. As our late Dean Howard Eisenberg was fond of saying, “Do well and do good!”
May
17
Legislation of the Year . . . If the Year Is 1950
Posted by: Edward A. Fallone | May 17, 2009 | Leave a Comment
Senator Charles Schumer recently announced plans to introduce the “Shareholder Bill of Rights Act of 2009.” This bill is a compendium of corporate governance reforms that shareholder activists have been advocating for many years. Among other things, the bill would require companies to elect the entire board of directors each year, rather than putting only [...]
May
17
Permission to Skip to the Chase
Posted by: Jon Deitrich | May 17, 2009 | Leave a Comment
In United States v. Booker, the Supreme Court held that the mandatory federal sentencing guidelines violated a defendant’s Sixth Amendment right to trial by jury. As a remedy, the Court excised the statutory provision, 18 U.S.C. § 3553(b), requiring the district court to impose a sentence within the guideline range, thereby rendering the guidelines effectively [...]
Blog Editors
- Alan Borsuk
- Bruce E. Boyden
- Edward A. Fallone
- Melissa L. Greipp
- Scott C. Idleman
- Lisa Mazzie
- Michael M. O'Hear
- Ryan Scoville
