Marquette Teams Win Best Petitioner Brief and Best Respondent Brief at NMCC Regionals

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I had the privilege of working with two outstanding National Moot Court Competition (NMCC) teams again this year. The Region VIII round of the NMCC was hosted by Marquette November 19-20, 2016.

Please congratulate team members Kayla McCann, Emily Tercilla, and Samuel (Micah) Woo, who received the highest brief score in the competition and award for best Petitioner’s brief. Attorneys Jason Luczak and Max Stephenson coached the team.

Please also congratulate team members David Conley, Andrew Mong, and Kiel Killmer for their performance at the competition. The team had the top placing Respondent’s brief and advanced to the quarterfinals (top eight teams). Attorneys Jeremy Klang, Jesse Blocher, and Michael Cerjak coached the team.

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Study Abroad in Germany This Summer

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overview_2016-participantsThe campus of the Justus Liebig University in Giessen, Germany will be the location of the Ninth Annual Summer Session in International and Comparative Law offered jointly by Marquette University, the University of Wisconsin, and the Justus Liebig University- Giessen.  This program brings together up to sixty students from law schools all over the world to take classes in comparative and international law over a four week session lasting from July 15 through August 12. In addition to students from the United States and Germany, over the years the program has attracted students from Russia, India, Columbia, Brazil, South Africa, Ethiopia, Spain, Vietnam, Italy, the United Kingdom, the Dominican Republic, Korea, Australia, Indonesia and Kazakhstan, among other countries.  Class instruction is in English, and the international student body provides for a unique learning experience.

Faculty will be drawn from the U.S. and Europe.  Each student will select two courses (each course worth 2.0 law school credit hours) out of a total of four courses in the curriculum.  In addition to coursework, the curriculum includes two overnight field trips to Berlin and Hamburg to visit courts, other governmental institutions, and historical sites.  In addition, the program includes speakers on a variety of topics including a panel discussion on differences and similarities in legal education and practice around the world and a discussion of opportunities for further legal study and internships in Europe.

Classes will be held Monday through Thursday, during the day, over the four weeks of the program.  This schedule leaves students with time to explore the cities, villages and countryside around Giessen and nearby Frankfurt, and the opportunity to travel throughout Europe.  Paris to the west and Berlin to the east are a mere 300 miles from Giessen.

Past participants in the program have given high marks to both the substantive learning experience and the opportunity to form international friendships.  Enrollment is open to students who have completed one year of instruction in any U.S. law school.  Students enrolled in law schools outside of the United States should apply through the Justus Liebig University.

A general program overviewtravel and tuition details, course descriptions and faculty biographies can be viewed online.  An application form can be downloaded here.  Apply now and I will see you in Germany this summer!

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America’s First Law School

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V__9AECI had the opportunity in August to spend a day at the Litchfield Law School in Litchfield, Connecticut.  Although several universities enrolled students in law departments during the final decades of the eighteenth century, almost all lawyers of the period prepared for practice by completing apprenticeships in lawyers’ offices.  Attorney and Judge Tapping Reeve thought that education at a formal law school would be a better way for lawyers to prepare, and therefore he founded the Litchfield Law School in 1774.

More than 1,100 students attended the Litchfield Law School before it closed in 1833.  Two of Reeve’s students (Aaron Burr and John C. Calhoun) went on to become Vice President.  Fifteen of the students became governors.  Three of the students became Justices of the Supreme Court of the United States.  Twenty-eight students became United States Senators, and another ninety-seven served in the United States House of Representatives.  Clearly, the Litchfield Law School was important in educating and credentialing a significant portion of the era’s most accomplished lawyers. Read more »

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Summer Law Studies in Germany with MU Law

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Category: Human Rights, International Law & Diplomacy, Legal Education, Marquette Law School, Public, Uncategorized
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DSC09137Just one week remains in the 8th Annual Summer Session in International and Comparative Law taking place in Giessen, Germany.  In the photo you can see me with some of my students in the Comparative Constitutional Law class.  It is a great group, mixing U.S. students from Marquette and the University of Wisconsin Law Schools (and one attendee from Touro Law School in New York) with students from Brazil, Italy, India, Russia and Georgia.  We had fun comparing the constitutions of our home countries and talking about the ways that the preambles of the various constitutions reflected similar yet different values.  For example, India’s Constitution is adamant that the national government is secular in nature — reflecting that countries enormous diversity of religious faiths and unfortunate history of religious strife.  Meanwhile, Russia’s Constitution is clear that the union of nations into one country is permanent unless unanimously dissolved, in a way that reminds me of Abraham Lincoln’s view of the United States.

After two weeks with me and Professor Thilo Marauhn from Justus Liebig University Law School, discussing and comparing topics related to constitutional structure, we turned the class over to Professor Heinz Klug of the University of Wisconsin and Professor Ignaz Stegmiller from Justus Liebig University Law School.  They focused on comparing civil rights and liberties under various constitutional systems.  All in all, a very thought-provoking course. Read more »

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When is it Plagiarism?

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trump obamaLast night’s Republican National Convention has thrust “plagiarism” to the forefront of the news. One of last night’s speakers was Melania Trump, the wife of presumptive Republican presidential nominee Donald J. Trump. Trump’s speech sounded to many strikingly similar to one given eight years earlier—by First Lady Michelle Obama at the Democratic National Convention in 2008.

How similar?

Incredibly so. Not just identical words, but nearly identical context and sentence structure. At one point, Trump says, “Because we want our children in this nation to know that the only limit to your achievements is the strength of your dreams and your willingness to work for them” (emphasis added). Eight years earlier, Obama had said, “Because we want our children — and all children in this nationto know that the only limit to the height of your achievements is the reach of your dreams and your willingness to work for them” (emphasis added).

That is plagiarism.

(You can see a side-by-side text comparison here and here and side-by-side video comparison here.) Read more »

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Congratulations to the 2016 Jenkins Honors Moot Court Competition Finalists

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Congratulations to this year’s Jenkins Honors Moot Court Competition finalists: Samuel Draver, Alan Mazzulla, Sara McNamara, and Amardeep Singh. All the semifinalists presented strong oral arguments.

Thank you to the semifinal round judges: Atty. Gil Cubia, Atty. Cathy LaFleur, Prof. Jonathan Koenig, Atty. Steve Meyer, Hon. Paul Reilly, and Atty. Jan Rhodes.

The final round will be held on April 13 at 6:00 p.m. in the Appellate Courtroom. The final round judges will be Hon. Diane Sykes, Hon. Brett Kavanaugh, and Hon. Gary Feinerman. The Law School community is cordially invited to attend the final round. Here is a link to rsvp for the event. The teams will be matched as follows:

Samuel Draver and Alan Mazzulla versus Sara McNamara and Amardeep Singh.

Best of luck to the finalists.

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Justice Scalia at Marquette Law School

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Judge Diane Sykes introduces Justice Antonin Scalia at the dedication of Eckstein Hall

Judge Sykes introduces Justice Scalia

It seems to be common ground that it will be hard to imagine the United States Supreme Court without the late Justice Antonin Scalia. He was a force also in legal education more directly. That is, he was a teacher, and he taught his theories of constitutional and statutory interpretation with intellect and energy, even outside of his writings in the U.S. Reports.

 

Justice Scalia visited us at Marquette University Law School on two occasions. The first was in 2001 to deliver our annual Hallows Lecture, where some 500 people were with him in the Weasler Auditorium, while a group of the same size watched a video feed in the Monaghan Ballroom of the Alumni Memorial Union. For me, the more memorable moment in that visit came when the Justice first arrived to campus, where an overflowing group of law students awaited him in Room 307 of Sensenbrenner Hall. The dean at the time, Howard B. Eisenberg, told the students that I would introduce him, because “Without Professor Kearney, there would be no Justice Scalia here.” Even before I could say anything, Justice Scalia brought the house down with this interjection: “I thought that, without Justice Scalia, there would be no Professor Kearney here.”

Justice Scalia returned to deliver the keynote address at the dedication of Eckstein Hall on September 8, 2010. He relaxed his strictures on recording, and the entire ceremony can be seen here, with an account of it appearing in the Marquette Law Review. I especially recall this comment of Judge Diane S. Sykes, L’84, in introducing the Justice:

“So we are fortunate, indeed, that this history-making justice has joined us here today as we make a little history of our own. When Dean Kearney unveiled the plans for this beautiful building two years ago, he famously declared that Eckstein Hall will be ‘noble, bold, harmonious, dramatic, confident, slightly willful, and, in a word, great.’ It certainly is. And with the possible exception of harmonious—Justice Scalia has been known to say that one of his charms is that he likes to tell people what they don’t want to hear—the dean’s description of this distinguished and splendid building might likewise be applied to our distinguished and splendid visitor. So, ladies and gentlemen, please join me in welcoming the noble, bold, dramatic, confident, slightly willful, and, and in a word, great Justice Antonin Scalia.”

There are things to learn from the remarks of Justice Scalia and the other speakers that day, including then-Chief Justice Shirley S. Abrahamson, whether in the recording or the law review account linked above. My own recollection of Justice Scalia has appeared in the Milwaukee Journal Sentinel and can be found here.

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Don’t Fear Numbers

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RIskOver the last several years in Law School, I’ve learned that many of my peers are averse to math. In Prof. Anzivino’s Business Bankruptcy class I distinctly remember painful groans as he explained the time value of money and had the class look at a simple amortization table. In Prof Grossman’s Business Strategy course, I had a friend lean over to me and ask, “What the hell is a balance sheet?” Basic accounting and finance concepts seem to be like nails on chalk board for many law school students. Don’t fear numbers; basic accounting and finance skills can help distinguish your resume from other law school graduates and build better relationships with future clients.

Lawyers should have a basic understanding of a balance sheet, income and cash flow statements.

A balance sheet identifies the assets of an organization and how those assets were financed, either through debt [using someone else’s money] or through equity [using the owner’s money]. For those who are interested in doing M&A, a thorough understanding of a balance sheet is critical. For example, the ability to identify and discuss financial reserves [such as, those related to environmental remediation] can help you to identify, understand, and highlight risk for your client. An entity’s balance sheet also provides an understanding of an operation’s well-being: trends in cash, inventory, revenue producing equipment, receivables, payables, debt equity ratio and retained earnings [to name a few]. It’s also important to understand the relationship between these elements; it’s called a balance sheet for a reason. Read more »

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Congratulations to the 2016 Jenkins Honors Moot Court Competitors

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The Jenkins Honors Moot Court Competition is the appellate moot court competition for Marquette law students and is the capstone event of the intramural moot court program.  Students are invited to participate based on their top performance in the fall Appellate Writing and Advocacy course at the Law School. 

Congratulations to the participants in the 2016 Jenkins Honors Moot Court Competition:

Barry Braatz
David Conley
Robert Copley
Samuel Draver
Isabelle Faust
Alexis Guraz
Christopher Hayden
Ashley Heard
Amber Horak
Megan Kaldunski
Alexandra Klimko
Alicia Kort
Jessica Lothman
Alan Mazzulla
Kayla McCann
Sara McNamara
Andrew Mong
Brittany Running
Rexford Shield
Amardeep Singh
Emily Tercilla
Natalie Wisco
Samuel Woo
Kiel Zillmer

 

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2Ls: Now What?

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Some 2Ls reading this post are set. They did well in their first year. They went through OCIs and aced their interviews. They were invited for callbacks and were unfailingly charming and polite. They have jobs for next summer, with the prospect of jobs for after graduation. Congratulations to them.

But what about the 2Ls who came out of OCIs with zilch and are wondering what the heck they are supposed to do now? First, don’t panic. I found myself in precisely that situation four years ago, and worked into a great job with a great firm. Whatever your anxiety level (and I remember mine being sky high) you still do have opportunities. Second, don’t be passive about your job search. Sitting around waiting for the jobs to appear on a jobs board is a recipe for disappointment. Here are three active things you can do to improve your chances of success:

1. Get Outside The Building

I cannot overstate the importance of getting away from the law school. While academic accomplishment is necessary, it is not sufficient. Employers, especially small and mid-sized ones, are looking for lawyers who can provide value from day one. The best way to show that you can provide that value is to have done real legal work already. Getting a job as a new attorney is a lot like knocking on somebody’s door and asking them to pay for the privilege of training you. Get some of that training out of the way while you’re in school and you will be a step ahead.

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Courses Announced for 2016 Summer Session in Giessen, Germany

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LD7_9975Courses have been announced for the 8th Annual Summer Session in International and Comparative Law, to take place in Giessen, Germany from July 15 through August 13, 2016.

Participants will have the choice of two, 2 credit courses from the following:

  1. Comparative Law
  2. International Economic Law and Business Transactions
  3. Comparative Corporate Governance
  4. Business Ethics and Human Rights

All classes take place at the Justus Liebig University School of Law in Giessen, Germany, and are taught by an international faculty.  Students from Marquette University Law School, the University of Wisconsin Law School, and other U.S. law schools attend classes alongside international law students from across the globe.

More details, and an application, will be available soon on the Law School website.  In the meantime, information sessions for interested students have been scheduled for Thursday September 24 at 12 pm (Room 263) and 5 pm (Room 357).  The information sessions will also discuss the Law School’s Semester Exchange Programs for Copenhagen, Madrid and Poitiers, France.

Giessen 2015

Photos: (top) students attend the 2014 Summer Session in Giessen; (below) students attend the 2015 Summer Session

 

 

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Schnitzel, Beer, and Marketing Your Study Abroad Experience

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Classroom at Justus Liebig UniversityThis past summer I was fortunate to have had the opportunity to participate in Marquette University Law School’s summer program in Giessen, Germany.  The program, run jointly with the University of Wisconsin Law School and Justus Liebig University in Giessen, provides Marquette students with the opportunity to study a variety of international law topics at a foreign university with classmates from around the globe.  Course offerings this past summer included Comparative Law, International Economic Law & Business Transactions, International Intellectual Property Law, and the Law of Armed Conflict.  The courses were taught by both American and German professors over the course of a (somewhat intense) four week period that included weekend excursions to Munich and Berlin.  While the subject matter of the classes was incredibly interesting, this was further magnified by the international make-up of the student body.  My classmates this past summer hailed from 17 different countries including the United States Mexico, Brazil, Peru, Germany, Spain, Moldova, Turkey, India, Sri Lanka, Vietnam, South Korea, China, Benin, Senegal, Cameroon, and Ethiopia.  The discussions and conversations we had, both in and out of the classroom, provided insights about international legal issues that would be difficult to duplicate outside of such an experience. Not only was I able to learn about international, German, and EU law, but I was also able to gain a better understanding of US law.

The value of a study abroad experience, both in terms of the substantive knowledge gained as well as the “soft” skills developed, is likely to be clear to someone who teaches or participates in such a program (see Professor Fallone’s semi-exhaustive list of ten reasons why one should study abroad).  However, those less familiar with international study experiences may not always ascribe the same value or benefit to study abroad programs.  This can be problematic for law students who hope to show potential employers that their time spent studying overseas was more than just an excuse to sample copious amounts of schnitzel and beer.   While CALI awards, clerkships, internships, pro bono work, and participation in law review or moot court are all ways that students have traditionally distinguished themselves to potential employers, the same has not been true for participation in study abroad programs, which are a relatively new phenomena in the law school curriculum. Read more »

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