Mar

31

Jenkins Competitors Advance to Finals

Posted by: | March 31, 2011 | Leave a Comment

Congratulations to the students who advanced to the Final Round of the Jenkins Honors Moot Court Competition: Susan Barranco and Kyle Mayo Matthew Hall and Nicholas Zepnick All the teams did a spectacular job in the Semifinal Round tonight.  The Final Round will be held this Wednesday, April 6 at 6:00 p.m. in the Appellate [...]

Mar

31

What Did You Do for Your Spring Break?

Posted by: | March 31, 2011 | Leave a Comment

Over spring break, Dispute Resolution Program Coordinator Natalie Fleury and I were privileged to take 20 Marquette students to Israel as part of their class on International Dispute Resolution. We were joined on the trip by 10 students from Arizona State University’s law school and our colleague Art Hinshaw. The trip was an amazing experience [...]

Mar

30

Connick v. Thompson: Both Answers Are Right — What Was the Question Again?

Posted by: | March 30, 2011 | 1 Comment

In Supreme Court cases, the majority and dissent sometimes talk right past one another, framing the question for decision so differently that they almost seem to be writing about different cases.  See, e.g., the dueling opinions earlier this week in Connick v. Thompson (No. 09-571).  Thompson was convicted of attempted armed robbery and murder, and then [...]

Mar

30

Fallone v. Esenberg: Round Two

Posted by: | March 30, 2011 | Leave a Comment

On this morning’s Joy Cardin show on Wisconsin Public Radio, I continued my debate with Professor Esenberg over whether the collective bargaining bill has become law, and on the ongoing litigation over the effectiveness of the bill before Circuit Judge Sumi.  You can find the audio of the program here:   http://www.wpr.org/webcasting/audioarchives_display.cfm?Code=jca Rarely have two experienced [...]

Mar

28

Published and Effective: Another View

Posted by: | March 28, 2011 | 7 Comments

In an interview with Fox Cable News this morning, reporter Mike Tobin asked me if what we were seeing in Wisconsin was “lots of politics and little law.” While I began my answer in disagreement, I concluded by saying there was a sense in which he was right. The heat generated by the budget repair [...]

Mar

28

If the Law Says That . . .

Posted by: | March 28, 2011 | 2 Comments

This is the second post in an occasional series entitled “Law Gone Wrong.”  The editors of the Faculty Blog invited Law School faculty to share their thoughts on misguided statutes, disastrous judicial decisions, and other examples where the law has gone wrong (and needs to be nudged back on course).  Today’s contribution is from Professor Jack [...]

Mar

28

Jenkins Competitors Advance to Semifinals

Posted by: | March 28, 2011 | Leave a Comment

Please congratulate the following teams who advanced to the Semifinal Round of the Jenkins Honors Moot Court Competition: Susan Barranco and Kyle Mayo Stephane Fabus and Anthony Prekop Matthew Hall and Nicholas Zepnick Meghan Refinski and Sabrina Stephenson The teams will be arguing this Thursday, March 31, at 6:00 p.m. in the Appellate Courtroom and [...]

Mar

28

Publish or Perish: The Budget Bill is Not Law

Posted by: | March 28, 2011 | 27 Comments

The danger, when we embark on the task of interpreting any written work that is not our own, is that we only see what we want to see.  I admit that words are imperfect tools for the conveyance of meaning, and that oftentimes multiple interpretations of a text are possible.  However, I reject the idea [...]

Mar

25

The Law School’s Sweet Sixteen

Posted by: | March 25, 2011 | Leave a Comment

This weekend 16 law students will participate in the Jenkins Honors Moot Court Competition preliminary rounds. Two rounds will be held this Saturday at 10 a.m. and 1:00 p.m. Students will argue on-brief and off-brief. On Sunday the round begins at 10 a.m. A coin toss will determine what side students will argue. Law students [...]

Mar

25

Law Gone Wrong: Adoption in the Context of Same-Sex Relationships

Posted by: | March 25, 2011 | Leave a Comment

Today’s post is the first in an occasional series entitled “Law Gone Wrong.”  The editors of the Faculty Blog invited Law School faculty to share their thoughts on misguided statutes, disastrous judicial decisions, and other examples where the law has gone wrong (and needs to be nudged back on course).  First up is Professor David [...]

Mar

23

Supreme Court Candidates Debate: Testy Talk About Collegiality

Posted by: | March 23, 2011 | Leave a Comment

Four thoughts in the aftermath of the debate Monday evening at Eckstein Hall between incumbent Wisconsin Supreme Court Justice David Prosser and his challenger in the April 5 election, Assistant Attorney General JoAnne Kloppenburg: First: As a news reporter, I’ve never covered a race for a Supreme Court seat. I was struck by how awkward [...]

Mar

22

Scattered Thoughts

Posted by: | March 22, 2011 | Leave a Comment

As we are all aware, these past couple of weeks have been a time of historic change for the state of Wisconsin.  The debate surrounding the changes proposed by Governor Walker in the Budget Repair Bill has been amazing for me to witness.  Rather than give my personal opinions regarding the content of the bill, [...]

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