21st Annual Howard B. Eisenberg Do-Gooders’ Auction–An Interview with PILS Fellow Patrick Winter

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Patrick WinterThe 21st Annual Howard B. Eisenberg Do-Gooders’ Auction on behalf of the Law School’s Public Interest Law Society (PILS) will be held in the evening on Friday, February 21, 2014 at the Law School.  Proceeds from the event go to support PILS fellowships to enable Marquette law students to do public interest work in the summer.  Patrick Winter, a current law student, shares his experience here as a PILS Fellow.  Besides his work as a PILS Fellow, Patrick is helping to organize this year’s Auction.

You may attend the Auction by purchasing tickets here, or you may purhcase tickets at the door.  This link also provides you with an option to donate to the Auction.

Where did you work as a PILS Fellow?

I worked for the U.S. State Department, at the U.S. Mission to the United Nations in New York.

What kind of work did you do there?

I worked with the U.S. policy negotiation teams for the Middle East and East Africa to forward U.S. policy on issues pertaining to Syria, South Sudan, Somalia, and the Democratic Republic of the Congo. I attended UN Security Council proceedings as well as bilateral and multilateral negotiations with other UNSC Member States, and prepared briefing memorandums for senior U.S. government officers on issues arising in the Council. Much of my work involved operational issues with peacekeeping operations, as well as topics on the protection of women and children in armed conflict zones, and UN mandated country-specific sanctions. I received reports from peacekeeping operations abroad, created diplomatic cables on current progress and setbacks in conflict zones, and prepared reports on legal issues pertaining to regulatory sanctions imposed by the UN and the United States.

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21st Howard B. Eisenberg Do-Gooders’ Auction–An Interview with PILS Fellow Trisha Fritz

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Trisha FritzThe 21st Annual Howard B. Eisenberg Do-Gooders’ Auction on behalf of the Law School’s Public Interest Law Society (PILS) will be held in the evening on Friday, February 21, 2014 at the Law School.  Proceeds from the event go to support PILS fellowships to enable Marquette law students to do public interest work in the summer.  Trisha Fritz, a current law student, shares her experience here as a PILS Fellow.  Besides her work as a PILS Fellow, Trisha is helping to organize this year’s Auction.

You may attend the Auction by purchasing tickets here, or you may purchase tickets at the door.  This link also provides you with an option to donate to the Auction.

Where did you work as a PILS Fellow?

I worked at the Milwaukee County Public Defender’s Office in the Juvenile and Mental Health Office located in Wauwatosa.

What kind of work did you do there?

I mainly worked with Juveniles involved in Juvenile Delinquency cases. The office also handles CHIPS, TPR, JIPS, and Mental Health Commitment cases, and I was able to dapple in those areas, but I mainly worked with Delinquency cases. All of the Juveniles that come through the delinquency system have a state public defender assigned to their case. My role was to interview clients and families and continue to handle their cases at various stages through the criminal process. I was able to practice under the student practice rule where I was able to handle all delinquency hearings from the initial detention hearing to disposition hearing (sentencing in the juvenile system).

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21st Howard B. Eisenberg Do-Gooders’ Auction–An Interview with PILS Fellow Zachariah Fudge

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Zach FudgeThe 21st Annual Howard B. Eisenberg Do-Gooders’ Auction on behalf of the Law School’s Public Interest Law Society (PILS) will be held in the evening on Friday, February 21, 2014 at the Law School.  Proceeds from the event go to support PILS fellowships to enable Marquette law students to do public interest work in the summer. Zachariah Fudge, a current law student, shares his experience here as a PILS Fellow.  Besides his work as a PILS Fellow, Zachariah is active on the PILS student board.

You may attend the Auction by purchasing tickets here or you may purchase tickets at the door.  This link also provides you with an opportunity to donate to the Auction.

Where did you work as a PILS Fellow?

This past summer I was a legal intern at the Alternate Public Defender’s Office in San Diego.

What kind of work did you do there?

The Alternate Public Defender took on felony cases where there was a conflict with the main Public Defender’s Office, so our cases were usually more complex, multi-defendant affairs. I was able to do quite a bit over the course of my brief tenure, including conducting client and witness interviews, researching, drafting motions, and representing clients during various types of hearings. I was able to second chair a ten-day trial that ended in the dismissal of all charges, so that was exciting.

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How and Why: Deepening Your Legal Reasoning

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How and WhyOne of my favorite law review articles to assign to first-year law students is Kristen K. Robbins-Tiscione’s Paradigm Lost: Recapturing Classical Rhetoric to Validate Legal Reasoning, 27 Vt. L. Rev. 483 (2002). The article walks a reader through the legal paradigm and discusses how to effectively use deductive reasoning and reasoning by analogy to create a valid and persuasive argument. One of the takeaways from this article is that an advocate should include the facts, holding, and reasoning of a case precedent being used to explain a legal rule. “Facts, holding, and reasoning” becomes somewhat of a mantra in my first-year legal writing courses.

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A Conceptual Approach to Advising High-Profile Clients

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This blog post concludes the series on the Fantex, Inc. IPO by analyzing the need for competent, and honest, financial attorneys with respect to managing the wealth of high-profile clients.

It is hard to imagine that NFL running back Arian Foster received legal or financial counsel before signing his brand contract with Fantex. Under the terms of the agreement, Foster assigns 20 percent of his gross earnings to the company in return for a one-time payment of $10 million, intended to be raised through the company’s IPO. The contract remains effective indefinitely and grants Fantex the right to audit Foster’s finances. Moreover, the only earnings excluded from the 20 percent assignment provision are any movie and TV roles where Foster does not portray a football player, as well as any music that he produces or writes. The one-sidedness of this contract—and the fact that Foster actually signed it—shows that Foster’s advisors, if any, did not have his long term financial interests in mind. Read more »

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Guide to Public Speaking for Girl Lawyers

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Category: Feminism, Legal Practice, Public
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Lauren-Bacall-150x150Yes, I wrote “girl” in that headline.  And for a very specific reason. Recently, it’s hit the web that global law firm Clifford Chance has provided its female lawyers in its U.S. offices with a guide to public speaking. And while some (nay, even most) of the tips are perfectly reasonable, there are others that smack of such sexism to the extent that one might believe that Clifford Chance thinks of its female lawyers as girls.  To wit, one of the points in the guide:  “Don’t giggle.” Another: “Pretend you’re in moot court, not the high school cafeteria” (on “‘Like’ You’ve got to Lose ‘Um’ and ‘Uh,’ ‘You Know,’ ‘OK,’ and ‘Like’).

Like, seriously?

On both points, they are equally applicable to male lawyers. (Yes, men do giggle, but the use of that word here suggests something very female, very childish, and very undesirable.) Yet, it was only Clifford Chance’s female lawyers who received this five-page memo. It’s curious to me why this is so. Does the firm believe that there are separate rules for men and women? Does it believe that women need the extra help? Or is it attempting to support its female lawyers? If it is attempting to support its female lawyers, I applaud its desire, but criticize its way of doing so. Read more »

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Marquette Law School to host LWI One-Day Legal Writing Workshop in December

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Each December, the national Legal Writing Institute (LWI) sponsors one-day legal writing workshops around the country. We are pleased to announce that one of this year’s workshops will be held at Marquette University Law School on Friday, December 6, 2013.  The workshops are a great time for legal writing colleagues to come together and share teaching ideas.

The theme for Marquette’s workshop is Preparing Practice-Ready Students. Among the presentations scheduled are ones on what “practice-ready” means; on creating interactive materials for class; and on the ways that legal writing professors are connecting their students to practicing attorneys, both in and out of the classroom. We think we have a great program lined up. If you want to view the whole program or are interested in registering for the conference, see here.

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New “Marquette Lawyer” Magazine Offers Insights from Paul Clement

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Category: Education & Law, Federal Law & Legal System, Federalism, Health Care, Legal Practice, Marquette Law School, Public, Speakers at Marquette, U.S. Supreme Court
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Paul Clement has argued some 70 cases before the U.S. Supreme Court. He was solicitor general of the United States and now, in private practice, continues to present arguments in some of the most important cases of our time.

In the cover story in the new “Marquette Lawyer” magazine, Clement discusses some of the cases he’s been involved in, particularly the momentous Affordable Care Act decision of 2012 and several national security cases. He talks about what it is like to make an argument before the Court and especially what’s needed to prepare for an argument.

Clement’s thoughts were offered during his visit to Marquette Law School on March 4, 2013, when he delivered the annual E. Harold Hallows Lecture and held a special “On the Issues with Mike Gousha” event for law students. (Video of the lecture is available here and of the “On the Issues” here.)

Also in the new issue, an article describes the complex legacy of a class action lawsuit challenging how Milwaukee Public Schools deals with students with special education needs. Even as plaintiffs lost the case in court, they succeeded in influencing changes that they favored.

Professor Phoebe Williams is featured in a profile story in the magazine, and the success of the Law School’s faculty blog is marked with a compilation of pieces written by Professor Daniel D. Blinka; Mike Gousha, distinguished fellow in law and public policy; and State Public Defender Kelli S. Thompson, L’96 . Read more »

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Partnering With Clients: A View From the Other Side

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Know your client’s business. Find practical solutions to complex problems. Be efficient and economical. Develop personal relationships. Deliver great results. Be responsive and available. Tenaciously fight for your client’s interests.

Do all of this and you will be successful representing clients big and small in whatever your field of choice. But that’s not surprising. Excellent customer service coupled with great results at reasonable cost is the gold standard. What may be surprising, especially to younger attorneys, is the importance of the little things. The devil, as they say, is in the details.

Being in-house counsel provides a different perspective on the traditional attorney-client relationship and what makes that relationship a fruitful one. For those working in private practice, you should periodically assess yourself and what you are doing to strengthen those relationships. Some attorneys even send questionnaires to gauge client satisfaction.

With that in mind, here are a few items that can help to make a client your business partner. They may seem obvious, but they are worth revisiting. Read more »

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Making Eye Contact

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I read about an interesting study on eye contact that was posted today on the legal writing listserv, “Why Eye Contact Can Fail to Win People Over.” The article refers to a study conducted in Germany where university students were polled about their opinions on controversial topics and then asked to watch a two-minute video on these topics. When the students agreed with viewpoint being expressed, they were more likely to look at the eyes of the speaker expressing the opinion, and less likely when they disagreed or felt neutral.

The students were also less likely to change their opinions, as measured in a second poll, when they looked directly in the speakers’ eyes. This was particularly true when the person in the video looked directly at viewers, rather than to the side of the frame.

Then in a second study, students were asked to look either at a person’s eyes or mouth.

The students who looked at the speakers’ eyes changed their attitudes less than the people who looked at the speakers’ mouths. They also said they were less interested in hearing more about the views presented.

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What’s in a Name? Abbreviating Case Names

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My first-year law students are beginning to learn about legal citation.  Today we discussed a question that sometimes causes confusion:  whether to abbreviate the first word of a case name.  The answer requires a student to synthesize a few rules from the Bluebook.

Bluebook Rule 10.2.2 states that all words listed in Table 6 (the table of abbreviations) must be abbreviated, even the first word in a party name.  Table 6 notes that a word of eight letters (or more) may be abbreviated at the author’s discretion if substantial space is saved.  Abbreviated words are punctuated by a period, unless the abbreviation is formed with an apostrophe (Corp., but Ass’n).

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Paul Dacier (L ’83) Assumes Presidency of the Boston Bar

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Category: Corporate Law, Legal Practice, Legal Profession, Marquette Law School, Public
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Paul Dacier

Paul Dacier (Boston Globe)

An important part of professionalism is, well, participating in the profession. The Law School has a rich record of alumni and faculty involvement in most walks of the profession, including leadership positions in local and state bar associations. Many alumni have also been recognized for their outstanding work as lawyers.

Paul Dacier (Arts ’80; L ’83) is part of this distinguished cohort. In 2013 Paul has garnered well-deserved recognition for his legal work on behalf of EMC Corp., while also serving as the President of the Boston Bar Association (BBA) for 2013-14. Indeed, the Boston Globe reports that Paul is the first general counsel to assume the BBA’s presidency in its over 250 year history.

Paul is general counsel for EMC, a $20 billion, publicly traded corporation with over 60,000 employees and a legal department of over 100 lawyers. EMC is one of the nation’s leading corporations specializing in information storage (“the cloud”) and related technology. Under Paul’s direction, the legal department has successfully defended EMC’s position in high-visibility patent litigation and developed innovative approaches to mergers and acquisitions. The National Law Journal recently named EMC’s legal department as the Boston Legal Department of the year (August 2013).

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