Oct

20

Why Steroids Have No Place in Sports

Posted by: | October 20, 2010 | 6 Comments

Ask anyone with a decent knowledge of sports and current events, and they will tell you: doping in sport is a problem. Nearly every week, another high-profile doping story makes its way to the headlines of newspapers around the world. A quick Google News search for “doping” revealed over 7,500 results from the past week [...]

Oct

20

When Watching Over Children Isn’t Enough

Posted by: | October 20, 2010 | 1 Comment

An article in The New York Times last week reported on a recent study done on the effects of child abuse investigations.    The study looked at interview data with 595 children who lived in families known to be at risk for child maltreatment.  The children were interviewed at age 4 and again at age 8; [...]

Oct

19

Certiorari Granted in Material Witness Detention Case That Concerns the Iqbal Pleading Standard

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

Yesterday the Supreme Court granted certiorari in Ashcroft v. Al-Kidd, the petition in which the United States Department of Justice seeks to establish, on behalf of former Attorney General John Ashcroft,  that government officials have immunity from liability for claims that they used the material witness statute to detain a U.S. citizen, not, in reality, [...]

Oct

19

Getting Clients to Hire You

Posted by: | October 19, 2010 | 2 Comments

I once applied for a job and the person interviewing me said words to the following effect:  “Don’t take this the wrong way, but why should I hire you?”  A client who has a problem that warrants spending hundreds or thousands of dollars of hard earned money and/or company assets undoubtedly asks the same question [...]

Oct

18

Francis Swietlik, Marquette Law School, and Polish War Relief

Posted by: | October 18, 2010 | 2 Comments

Francis X. Sweitlik, Dean of the Marquette College of Law from 1934 to 1953, was a nationally recognized leader of the American Polish community from the early 1930’s until the 1960’s.  During World War II, he was a leading figure in the effort to provide relief for Polish refugees and prisoners of war, and his [...]

Oct

17

Best of the Blogs: SVU, Carrots, and Yale Law

Posted by: | October 17, 2010 | 1 Comment

When I write the “Best of the Blogs” feature, I usually try to identify some common theme that ties together some of my favorite posts of the past week.  It doesn’t seem to be working this week.  I’ll leave it as a challenge to enterprising readers to see if they can connect the following dots [...]

Oct

15

Defense Counsel and Sentencing: Tenth Circuit Indicates That Lawyers Must Advise Clients on Relevant Conduct

Posted by: | October 15, 2010 | Leave a Comment

In a criminal-justice system dominated by plea-bargaining and harsh sentencing laws, the core responsibility of a defense lawyer is no longer to seek acquittals at trial, but to minimize the harm suffered by the client as a result of a conviction.  Ineffective assistance law should reflect this reality.  Padilla v. Kentucky and its progeny (see this post) [...]

Oct

14

Seventh Circuit Reverses Position on Fast-Track Sentencing

Posted by: | October 14, 2010 | 1 Comment

Last week, in United States v. Reyes-Hernandez (No. 09-1249), the Seventh Circuit overruled United States v. Galicia-Cardenas, 443 F.3d 553 (7th Cir. 2006), and held that sentencing judges may consider “the disparate treatment of immigration defendants that is created by fast-track programs in determining whether a Guidelines sentence is greater than necessary under the § [...]

Oct

14

A New Approach to Interpreting the Wisconsin Constitution?

Posted by: | October 14, 2010 | 8 Comments

In the most recent edition of the Yale Law Journal, Professor Abbe Gluck observes a phenomenon unique to state supreme courts: precedents that bind courts’ interpretive methods. At the U.S. Supreme Court, justices constantly argue about the proper method for interpreting contractual, regulatory, statutory, and constitutional texts. Prof. Gluck observes that in some state courts, [...]

Oct

14

Negotiation Advice from an International Arbitrator

Posted by: | October 14, 2010 | 1 Comment

Last week, I was delighted to welcome Lucy Reed, a partner at Freshfields Bruckhaus Deringer and co-chair of their international arbitration group as our inaugural speaker for our speakers series on Gender & Negotiation, funded by the University Centennial Celebration Fund to celebrate 100 years of women at Marquette.  Lucy has an amazing background in both the [...]

Oct

13

Best of the Blogs Part II: Drugs, Immigration, and the Hotel “Death Ray”

Posted by: | October 13, 2010 | 1 Comment

If that title doesn’t increase readership of my posts, I don’t know what will. My contribution this week to our “best of the blogs” feature (which I have taken license to interpret as “best of the blogs and other news read online…”) is even more random than usual. First, the drug-related story that caught my [...]

Oct

13

More on An Ethic of Professional Satisfaction

Posted by: | October 13, 2010 | 1 Comment

I rather liked Rebecca Blemberg’s post on lawyer happiness and virtue ethics and would like to extend the discussion. I agree that one of the mistakes a lawyer can make is to follow the lure of a consequentialism that is divorced from her knowledge of herself and what that tells her about the way in [...]

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