Feb

28

A Different Way to Run the Electoral College

Posted by: | February 28, 2010 | 10 Comments

In an earlier posting, Rick Esenberg expressed his opposition to recent George Soros-sponsored efforts to devise a plan to circumvent the operation of the Constitution’s venerable Electoral College. The “problems” with the Electoral College are well-known.  Its “winner-take-all” feature supposedly distorts the electoral process, and on four occasions (1824, 1876, 1888, and 2000), it has [...]

Feb

26

Part of the Way Along the Path of Racial Equity

Posted by: | February 26, 2010 | Leave a Comment

Lindsey Draper recalls that when he was a student at Marquette Law School, he would sometimes pause to look at photos of previous graduating classes. He would have a hard time spotting anyone who was African American like him. As Draper (L ’75) looked out at about 50 people, many of them African Americans who [...]

Feb

26

Some Thoughts on Redistricting

Posted by: | February 26, 2010 | Leave a Comment

As we head into the fall election cycle, one of the most important consequences of state legislative and gubernatorial races will be the impact on redistricting in 2011. Current doctrine requires that legislative districts be equal in size and racial gerrymanders are subject to constitutional and statutory challenge. But partisan gerrymanders are almost impossible to [...]

Feb

25

Empathy Anyone?

Posted by: | February 25, 2010 | 4 Comments

As readers of this blog know, I lost my grandmother last fall. It was sad, but not tragic. After all, she was 99 and lived a long, productive, happy life. Last week, I (and my siblings) received a very formal letter from a lawyer with an enclosure — under Pennsylvania law, where my grandmother lived, [...]

Feb

25

International Media and Conflict Resolution

Posted by: | February 25, 2010 | Leave a Comment

I’ve just received my new copy of the Marquette Law Review, which includes a fascinating collection of papers on the role of the media in international conflict resolution.  This symposium issue emerged from the Law School’s conference on this topic last spring, which was organized by Professors Andrea Schneider and Natalie Fleury.  In her introductory [...]

Feb

24

Milwaukee Sick Leave Ordinance May Be Headed to State Supreme Court

Posted by: | February 24, 2010 | 2 Comments

Hat tip to CCH Technical Answer group for an update on the status of the Milwaukee Sick Pay Ordinance that was passed by referendum in November 2008, only to be invalidated by a state trial court judge.  According to the posting, the Milwaukee paid sick leave case has now been referred to the state supreme court: [...]

Feb

23

A Broadening of Diversity Jurisdiction

Posted by: | February 23, 2010 | 3 Comments

Students of civil procedure—which should mean just about everybody interested in using the formal processes of the law to vindicate rights—will be interested in a decision today by the United States Supreme Court. The opinion concerned the provision in the statutory grant of diversity jurisdiction that deems a corporation “to be a citizen of any [...]

Feb

23

The Second Law of Thermodynamics and “Say on Pay”

Posted by: | February 23, 2010 | 1 Comment

In one of his characteristically thoughtful blog postings (available here), Ed Fallone argues that market regulation follows the Second Law of Thermodynamics, which states (to paraphrase) that in any closed system, disorder will reign over time.  Ed argues that this principle holds true for federal securities regulation, where technological and market changes have made the [...]

Feb

22

Just a Thank You

Posted by: | February 22, 2010 | Leave a Comment

This semester, I am offering a new course in Election Law. It’s work in progress, but one of the things that I have tried to do is bring in speakers from the local political world to react to the material we have covered. So far, students have heard from Jim Troupis, a nationally renowned expert [...]

Feb

22

Two Cheers for the Electoral College

Posted by: | February 22, 2010 | 5 Comments

George Soros is funding an effort to undermine the Electoral College. The idea is to enter into a compact with other states in which each state agrees to require their electors to vote for the candidate who has won the national popular vote. The compact would not become effective until states comprising a majority of [...]

Feb

18

A View of ADR as Part of the Process Instead of an Alternative to the Process

Posted by: | February 18, 2010 | 1 Comment

In law school I had the impression that Alternative Dispute Resolution was a practice area separate from litigation. Seemingly, there was a Chinese wall between the trial advocacy classes and ADR classes. After all, my ADR classes never discussed the techniques for cross-examinations, and my trial advocacy classes never discussed mediation or arbitration strategies. The ABA [...]

Feb

17

Firm Positions from the Archbishop

Posted by: | February 17, 2010 | 1 Comment

In an appearance at Marquette Law School Tuesday, Milwaukee’s new Archbishop, the Most Reverend Jerome Listecki, discussed, among other things, the approach he will take to those who differ from Catholic Church positions on issues such as abortion. Listecki said he wants to show personal warmth and good humor in carrying out his duties as [...]

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