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 [...]

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 [...]

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 [...]

Do Briefs Matter?

Posted by: | 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 [...]

Debating Discovery

Posted by: | 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 [...]

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 [...]

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). [...]

Human Rights Day 2010

Posted by: | 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 [...]

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 [...]

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 [...]

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, [...]

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 [...]

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