Oct

22

Merit Selection Amendment Introduced

Posted by: Daniel Suhr | October 22, 2009 | 8 Comments

Yesterday, State Representative Mark Gottlieb (R-Port Washington) announced that he is drafting a constitutional amendment to replace Wisconsin’s current method of judicial elections with “merit selection.” Rep. Gottlieb is a former speaker pro tem of the Assembly, and he is widely regarded as one of the top policy gurus within the Republican caucus.
Currently, the legislature [...]

Jul

23

More on Coulee Catholic Schools v. LIRC

Posted by: Daniel Suhr | July 23, 2009 | 3 Comments

As Professor Esenberg has just posted about, earlier this week, the Wisconsin Supreme Court handed down a very important decision, Coulee Catholic Schools v. LIRC (2009 WI 88). Although some describe the holding as “a dramatic change” in Wisconsin employment law, I think the case is more important for its constitutional discussion. On the actual question [...]

Apr

20

Beach Reading?

Posted by: Daniel Suhr | April 20, 2009 | Leave a Comment

Apparently the news editors at the Los Angeles Times read the Marquette Law Review. That’s at least one possible conclusion one could draw from the juxtaposition of two recently published items.
Dean Kearney is in a unique place to analyze the relationship between the Ninth Circuit and the U.S. Supreme Court, having clerked for judges on [...]

Mar

15

Progressive Originalism

Posted by: Daniel Suhr | March 15, 2009 | 1 Comment

The March 14 edition of the Wall Street Journal carries an interesting story regarding efforts to use “progressive originalism” in upcoming precedent-potential cases. The Journal reports that the Center for Constitutional Accountability, a progressive public interest law firm run by Doug Kendall, and several liberal-leaning legal academics have undertaken a sustained effort to revive the [...]

Mar

11

RIP, RJN

Posted by: Daniel Suhr | March 11, 2009 | Leave a Comment

When Fr. Richard John Neuhaus, a priest of the Archdiocese of New York and editor-in-chief of the journal FIRST THINGS, passed away in January, numerous glowing tributes to his life and work poured forth.  Appreciation for his contributions emerged from all sectors — leaders from America’s religious, political, and academic communities praised his intellectual work [...]

Dec

31

Lessons for Law School Deans Regarding Catholics in Political Life

Posted by: Daniel Suhr | December 31, 2008 | 12 Comments

Let me again extend my appreciation to Deans Kearney and O’Hear for the opportunity to serve as December’s guest alumnus blogger of the month, and to all of you who joined the conversation in the comments section. I’ll be right there with you starting tomorrow. Let me also take advantage of my month’s [...]

Dec

17

On the Freedom of a Congregation

Posted by: Daniel Suhr | December 17, 2008 | Leave a Comment

Some of you may have seen the story last week that the American Anglicans who have left the Episcopal Church have formed a new nationwide organization. The realignment within the Episcopal Church has brought with it a number of lawsuits over ownership of each parish’s property, and more will doubtless be filed as other parishes [...]

Dec

12

The Legal Contributions of Avery Cardinal Dulles, S.J.

Posted by: Daniel Suhr | December 12, 2008 | Leave a Comment

The Marquette University Class of 2006 included among its honorary doctorate holders Avery Cardinal Dulles, S.J.  The nomination by Professor Patrick Carey of the Theology Department noted: “Cardinal Dulles is one of the principal theological interpreters of the Second Vatican Council and a creative and faithful scholar of the longer Catholic theological and creedal tradition. The [...]

Dec

10

First Among Equals

Posted by: Daniel Suhr | December 10, 2008 | Leave a Comment

The U.S. Court of Appeals for the D.C. Circuit is widely seen as the “first among equals” of the U.S. circuit courts. It is the most prominent, it deals with the biggest cases, and its opinions are most highly regarded. This need not necessarily be the case. During the time that Learned Hand [...]

Dec

5

Does “Judicial Activist” Mean Something?

Posted by: Daniel Suhr | December 5, 2008 | 18 Comments

Does the term “judicial activism” have some objective meaning? The Capital Times does not seem to think so, reporting earlier this week:
[C]ourt observers and legal scholars are skeptical that the descriptive terms [judicial activist and strict constructionist] have any meaning, except as buzzwords used by conservative candidates to create a clear distinction between themselves and [...]

Dec

3

Another SCR Bites the Dust?

Posted by: Daniel Suhr | December 3, 2008 | 8 Comments

In Duwe v. Alexander, prominent First Amendment attorney James Bopp won a federal district court decision (PDF) striking down SCR 60.06(3)(b), part of the Wisconsin Code of Judicial Ethics. Bopp convinced Judge Shabaz that the Code’s section prohibiting judges from making “pledges, promises, or commitments” interfered with their free speech rights under Republican Party of [...]

Dec

2

The Usefulness of Heroes

Posted by: Daniel Suhr | December 2, 2008 | 3 Comments

Thanks so much, Deans Kearney and O’Hear, for the invitation to serve as the inaugural alumni blogger on this most excellent effort. I added the MULS Faculty Blog to my RSS reader the day it was announced, and am glad to have done so.
You’ll forgive me if I start the new month by focusing on [...]