Best of the Blogs

Posted by: | August 23, 2010 | 3 Comments

It’s the lazy days of August and the blogs are quiet, but there are still posts of interest. I know I link to Mirror of Justice quite a bit, but it’s just that good. They have a great discussion of the Park 51 project in New York. Over at Opinio Juris, Hofstra’s Julian Ku is [...]

The opening of a new NFL season provides an opportunity for the Marquette family to remember that there was a time when Marquette University was a regular supplier of players to the National Football League.  In the early 1920s, this could be said about the Marquette Law School as well as Marquette College. An earlier [...]

Here are the top ten reasons to attend the Summer Session In International and Comparative Law in Giessen, Germany sponsored annually by the Marquette University Law School and the University of Wisconsin Law School: 10. You can start a blog about your experience.  9. Avoid the Milwaukee Brewers’ annual mid-season collapse. 8. Frankfurt is the perfect [...]

In the latest development in what is starting to feel like a trip  ”through the looking glass” to some bizarre version of the legal world as I understood it in law school, actual, important politicians have raised the spectre of  repealing or amending or re-interpreting the Fourteenth Amendment, specifically, its provision that “[a]ll persons born [...]

The Real Deal

Posted by: | August 19, 2010 | Leave a Comment

I’m going to start this post with the words “when I was in law school…” and hope that they don’t inspire a collective eye-rolling and a quick click to another link. Sort of the way selective hearing kicks in when some old-timer starts a harangue about dissolute modern youth with “when I was a youngster, [...]

I have two principal reactions to the Park 51 Islamic Center controversy.  The first is that the legal issues are pretty clear cut. The government cannot deny approval t0 – or move to block construction of – the center because its Muslim character would be seen as offensive or insensitive. This would apply, I think, [...]

The current controversy regarding “affordable housing” in New Berlin illustrates the weakness of federal law regarding housing discrimination based on socioeconomic class. By way of backdrop, New Berlin is a suburb southwest of Milwaukee on the eastern edge of Waukesha County.  When a developer came forward with plans for low-cost rental housing in New Berlin, [...]

Racial disparities in education has been one of the central legal and cultural problems in post-World  War II America.  A recent study published by The Education Trust reveals yet another example of the problem of African-American underperformance, although the data compiled has a fascinating regional twist. The Education Trust study focuses on comparative graduation rates [...]

May It Please the Court…

Posted by: | August 13, 2010 | 1 Comment

“May it please the court.” The words are enough to strike terror into the hearts of most attorneys I know.  They are the first words you speak when you address the Wisconsin Supreme Court in an oral argument.  The words are ritual, as standardized and formulaic as Kabuki theater.  And I was about to say [...]

Son of a Beach

Posted by: | August 13, 2010 | 2 Comments

Think of property rights as a bundle of sticks. Each stick represents a different right. Different bundles will include different sticks. Everyone remembers the first day of Property class. It was this idea that came to mind when I was reading the recent Supreme Court decision in Stop the Beach Renourishment v. Florida Department of [...]

 Lately, courts all across the country have been standing up to religious (or sometimes what’s called “moral”) bias against the LGBTQ community. In one way, it is not surprising that there have been so many recent cases, because such bias is a pervasive part of the legal reality members of LGBTQ community face on [...]

There is apparently a new Christian law school coming on line – this one affiliated with Louisiana College. It will be apparently be housed in a vacant federal courthouse in Shreveport.  The school apparently will have a “biblical worldview”  and ”train future lawyers to defend conservative Christian values in courtrooms and politics.” Writing at the Mirror [...]

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