Today, in State v. Ninham, 2011 WI 33, the Wisconsin Supreme Court approved the sentence of life without possibility of parole for fourteen-year-olds who are convicted of first-degree intentional homicide.  The decision rests on a narrow reading of the U.S. Supreme Court’s landmark holding last year in Graham v. Florida, in which the Court outlawed LWOP for [...]

On Thursday, May 19, Marquette University honored Prof. Emeritus Francis Paul Prucha, S.J. with a special reception in at the Raynor Library Archives.  The event was timed to mark Prof. Prucha’s ninetieth birthday and the fiftieth anniversary of his appointment to the Marquette faculty, as well as the sixtieth anniversary of his entrance into the Jesuit Order. Prucha [...]

Lavern “Lavvie” Dilweg, Marquette Law School Class of 1927, has finally been added to the membership of the M Club, Marquette University’s Athletic Hall of Fame.  Earlier this week, the University announced that Dilweg is one of seven members of this year’s class who will officially be inducted into the M Club on Saturday, May [...]

Being a major leader means never having to say you’re pessimistic. President Jimmy Carter paid a big political price in the late 1970s when he said he thought there was a malaise affecting America. President Ronald Reagan made his optimistic outlook on the future – it’s morning in America – a key to both his [...]

Given the many demographic and cultural similarities between these midwestern neighbors, I’ve long been intrigued by how dramatically different the incarceration rates are in Wisconsin and Minnesota.  How is it that Wisconsin’s per capita incarceration is twice Minnesota’s?  My diligent research assistant Joe Gorndt has gathered some data to try to shed light on this [...]

Michael Ratner would have treated the pursuit of Osama bin Laden as a law enforcement matter, not as a matter of war. He would rather have seen bin Laden arrested, brought to trial, and given the rights of a criminal defendant than shot on the spot by Navy SEALS. This almost certainly doesn’t put Ratner [...]

We have a number of graduations to celebrate in our family this month, and there is a lot of excitement about the future. The buzz surrounding the start of a new and exciting chapter in the graduate’s life causes me to ask: Why don’t we join them and embrace the new and exciting things that [...]

The Pew Center on the States has released a major new empirical study on recidivism rates among released prisoners.  Bottom line: about 40 percent are returned to prison within three years of release.  About half are returned for violations of parole conditions, and half for new convictions.  Return-to-prison rates vary widely among the states, from 22.8 [...]

In American Electric Power Co. v. Connecticut, the Supreme Court is faced with the next, inevitable step in a line of climate change litigation including, most notably, Massachusetts v. EPA in 2007.  The case includes, as did Massachusetts, a jurisdictional question of whether the plaintiff states and land trusts have standing, either under Article III or [...]

Carrying broad and deep cuts, including almost 1,000 fewer employees, the budget proposed for Milwaukee Public Schools for next year has left at least one member of the School Board, Annie Woodward, suggesting that the board should just refuse to pass the budget. It may seem tempting to other members, but the board is nonetheless [...]

A couple years ago, I would have said that the growth prospects for school voucher plans were not  good. Proposals to allow students to attend private and religious schools using public money had died in several states, court rulings had not been favorable in places such as Florida where there were strongly worded constitutional bans [...]

Congratulations to 3Ls Cain Oulahan and Gabe Johnson-Karp, the winners of this year’s Gold and Silver Quill Awards, respectively.  The Quill Awards recognize the top two student comments published in the Marquette Law Review. Cain’s comment is “The American Dream Deferred: Family Separation and Immigrant Visa Adjudications at U.S. Consulates Abroad.”  He explores the tension [...]

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