Dec
20
New Issues of Marquette Law Review
Posted by: Michael M. O'Hear | December 20, 2010 | Leave a Comment
Two recently published issues of the Marquette Law Review are now available at the Law Review’s website. Issue 3 of Volume 93 features a lead article by Carol Necole Brown on racial discrimination in the home mortgage market. Issue 4 features papers presented at the Law School’s Legacies of Lincoln Conference, as well as Joshua Dressler’s Barrock Lecture [...]
Dec
18
Speech Rights of Public Employees: Contextualizing Garcetti
Posted by: Michael M. O'Hear | December 18, 2010 | Leave a Comment
Since its recognition of the right of public employees to speak on matters of public concern in Pickering v. Board of Education, 391 U.S. 563 (1968), the Supreme Court has proven less than generous in protecting that right. Of particular importance, the Supreme Court held in Garcetti v. Ceballos, 547 U.S. 410 (2006), that if employees [...]
Dec
16
Lubar Fund for Public Policy Announced
Posted by: Joseph D. Kearney | December 16, 2010 | Leave a Comment
The University has announced today that Sheldon B. Lubar has made a $2 million gift to the Law School. Mr. Lubar is a much-admired business and civic leader: he is the founder and chairman of Lubar & Co., has been a presidential appointee with Senate confirmation, and has engaged deeply in seeking to improve this [...]
Dec
14
Do Briefs Matter?
Posted by: Michael M. O'Hear | December 14, 2010 | 1 Comment
I suspect many lawyers have had the experience of briefing and arguing a case before an appellate court, and then receiving an opinion back from the court that seems like it was written for another case, with the court simply not engaging with the parties’ major arguments. Although anecdotes along these lines abound, no rigorous [...]
Dec
14
Debating Discovery
Posted by: Richard M. Esenberg | December 14, 2010 | Leave a Comment
As I noted last week, I recently had the privilege of participating in a panel on the need for further amendments to the Federal Rules of Civil Procedure related to E-discovery. A video of the event can be found here. (It actually took place at the National Press Club and not the Mayflower Hotel.) For [...]
Dec
13
Best of the Blogs: Time Waster Edition
Posted by: Richard M. Esenberg | December 13, 2010 | Leave a Comment
At Concurring Opinions, Kaimipono Wegner directs our attention to an article by Adam Zimmerman in the Duke Law Journal explaining why we waste time. It turns out that we make decisions over time horizons that are too short. Five minutes of watching a parody video on You Tube may bring more pleasure than the productivity [...]
Dec
13
SCOTUS to Decide Whether Sentencing Judge Can Base Prison Term on Time Needed for Treatment Program
Posted by: Michael M. O'Hear | December 13, 2010 | Leave a Comment
On Friday, the Supreme Court agreed to resolve a longstanding circuit split on the question of whether a federal sentencing judge may set the length of a prison term based on what the judge believes will be necessary for a defendant to complete a prison-based treatment program. The case is Tapia v. United States (No. 10-5400). [...]
Dec
10
Human Rights Day 2010
Posted by: Jessica E. Slavin | December 10, 2010 | Leave a Comment
Today is Human Rights Day, a United Nations celebration that marks the date, December 10, 1948, when the General Assembly adopted the Universal Declaration of Human Rights. The current High Commissioner for Human Rights in the United Nations, Navi Pillay, gave a speech at a special event in Geneva to mark the day. One of [...]
Dec
9
Look to Your Left, Then Look to Your Right: Marquette University Law School, Fall 1919
Posted by: J. Gordon Hylton | December 9, 2010 | 5 Comments
At all most every law school founded before 1960, a story is told about a past dean who addressed incoming classes by telling them: “Look to your left and then to your right, and three years from now, only one of you will still be here.” The softer version of the story ended “and only [...]
Dec
9
Convicted of Drug Distribution, Sentenced for Homicide
Posted by: Michael M. O'Hear | December 9, 2010 | Leave a Comment
Just in time for exam-writing law professors comes the Seventh Circuit’s opinion in United States v. Krieger (No. 09-1333) — a case that has just that sort of counter-intuitive, “it can’t be right” flavor that makes great testing fodder. Among other things, the case illustrates the odd place we have ended up in our jurisprudence on procedural [...]
Dec
7
Supreme Court Justices Who Have Visited Marquette Law School
Posted by: J. Gordon Hylton | December 7, 2010 | 1 Comment
United States Supreme Court Justice Antonia Scalia’s appearance as the keynote speaker at the dedication of Eckstein Hall this past September was a great honor for both Marquette University and the Law School. However, it was by no means the first visit of a United States Supreme Court justice to the law school. In fact, [...]
Dec
6
Proposed Amendments to the Federal Rules
Posted by: Richard M. Esenberg | December 6, 2010 | Leave a Comment
OK, I admit to not being the biggest fan of NPR but I do listen and have always heard various events introduced, in dulcet tones, as coming from the National Press Club. Where was this club and how do you join? Can someone like me ever get in? Well, I still don’t suppose that I [...]

