Attorney Priya Barnes Highlighted for Pro Bono Work

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This month the State Bar of Wisconsin highlighted Attorney Priya Barnes, a 2013 Marquette Law School graduate, for her pro bono work. The State Bar’s Inside Track interviewed Barnes.  Barnes noted that while in law school, she volunteered with the Marquette Volunteer Legal Clinic (MVLC) and the Milwaukee Justice Center (MJC).  She now represents pro bono clients referred through the Volunteer Lawyers Project at Legal Action of Wisconsin, handling primarily Chapter 7 bankruptcy and domestic violence matters.  Barnes said that her pro bono work reinforces the work she does in her general practice and gives her “valuable practice experience” as a newer attorney.

As mentioned in the article, the State Bar Pro Bono Initiative “works to improve public access to the legal system by promoting solutions that eliminate barriers to effective access to the civil justice system.”

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Congratulations to the 2015 Jenkins Honors Moot Court Competitors

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Jenkins 2The Jenkins Honors Moot Court Competition is an appellate moot court competition for Marquette law students and 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 2015 Jenkins Honors Moot Court Competition:
Lindsey Anderson
Samuel Casson
Larissa Dallman
Alexandra Don
Mary Ellis
Olivia Fitzgerald
Christopher Guthrie
Tyler Helsel
Nolan Jensen
Ian Kalis
Jeremy Klang
Christopher Little
Lauren Maddente
Daniel Murphy
Averi Niemuth
Andrew Otto
Alexander Perwich
Natalie Schiferl
Jacob Shapiro
Kyle Thelen
Nicole Ways
Bryan Whitehead

Students will begin writing their appellate briefs in January with the rounds of oral argument commencing later this spring. The competition includes preliminary oral argument rounds (March 21 and 22) and a semifinal (March 26) and final round (April 1).

The Jenkins competitors are fortunate to have the opportunity to argue before distinguished members of the bench and bar from Wisconsin and beyond.

The competition is named after the James G. Jenkins, the first Marquette Law School dean.

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The Difficult Pursuit of a Cohesive Approach to the “Megacity” Economy

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Metropolitan regional economies are “the most cohesive economies we have,” Charles L. Evans, president of the Federal Reserve Bank of Chicago, says.

But what is it that gives cohesion to the metropolitan region that stretches from the Milwaukee area through Chicago and into northwestern Indiana? And how should the region move forwardMarquette Lawyer in a cohesive way?

It’s a tall order to change the way people think, but the Alliance for Regional Development, a non-profit co-chaired by major business figures from Indiana, Illinois, and Wisconsin, is trying to do that. On Dec. 19, it convened a “Summit on Regional Competitiveness” at the Federal Reserve Bank in Chicago.

The effort to foster more cooperation in building on regional strengths in pursuit of greater economic success was spurred in large part by a report released in 2012 by the Paris-based Organization for Economic Cooperation and Development (OECD) which concluded that the Chicago region was growing more slowly than many other economic hubs around the world. The report strongly urged more effort by all involved to work together as a region. It said regions that work together have flourished more than those that do not. The regional alliance was created in the aftermath of that.

The “megacity” effort has been of great interest to Marquette Law School, as well as Marquette University more broadly. In 2012, a conference at Eckstein Hall brought together leading experts and advocates, and that was followed by the Summer 2013 issue of Marquette Lawyer magazine which focused on the subject. Our interest in the regional effort has continued. Professor Charles Franklin, director of the Marquette Law School Poll, and I attended the Dec. 19 conference. Read more »

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The Wisdom of King Theodoric

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Category: Legal Education, Legal History, Legal Practice, Legal Profession, Marquette Law School, Public, Speakers at Marquette
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theodoricYesterday I was honored to speak at the mid-year graduation ceremony at Eckstein Hall.  Twenty three graduating students and hundreds of friends and family came together with Dean Kearney, faculty and administrators to celebrate the event.  What follows are my prepared remarks.

Dean, fellow faculty, invited guests, and most importantly, December graduates.  I am honored to be with you on such a momentous day.

Class of 2014, today is the day that you thought would never come.  Today is the day that you embark on your legal careers.  Even in normal times, the transition from law school to practice can be an anxiety-inducing event.  But these are not normal times.

The practice of law has been undergoing significant change in recent years.  Venerable old law firms, with names over a century old, are disappearing, through merger and bankruptcy.  It seems that lawyers are better known for their television commercials than for their legal arguments.  And the basic day to day legal work that law firms have traditionally relied upon to meet their overhead is now being outsourced offshore to cheaper lawyers in New Delhi and Manila.

I doubt that someone of my generation can even understand the challenges that you will face in your future careers, much less presume to offer you any advice on how to meet those challenges.

Let me give you some idea of how the practice of law has changed over the last quarter of a century.  When I graduated from law school in 1988, I went to work at a large law firm (at a job that I expected to have for my entire career).  I wrote briefs in longhand on yellow legal pads, and gave the sheets to a secretarial pool for typing.  And if I wanted to do any online legal research, I had to go to the firm’s sole designated Lexis terminal, which was located in the law firm library and which was hardwired via phone line straight into Lexis headquarters (because there was no such thing as the internet). Read more »

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Grilling By Judges? It’s Not Just for Moot Court.

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Category: Federal Law & Legal System, Legal Practice, Legal Research, Legal Writing, Marquette Law School, Public
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NSAPerhaps it is because I just spent an enjoyable few weeks judging the Appellate Writing and Advocacy class moot court rounds, that lately I have taken a few detours while doing research. While reading some of the NSA phone data cases, I watched an enlightening and very entertaining appellate argument online. We may wait a long time to see video recordings of U.S. Supreme Court arguments, but the Circuit Courts of Appeal oblige us for some of their cases, which is a bonus for everyone including students.

Several plaintiffs’ lawsuits that challenge the National Security Administration’s phone records surveillance program are making their way through the federal courts. Plaintiffs in these cases have claimed the NSA data grab violated their rights under the Fourth Amendment or that Section 215 of the Patriot Act, the original basis for the surveillance under President George W. Bush, cannot reasonably be interpreted as allowing the program. For students who participate in a moot court competition, or are considering it in the future, video of the oral arguments in these cases provides an opportunity to learn something about the privacy issues and also to see the types of questions and atmosphere an attorney might expect from a federal appellate panel.

Read more »

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Student Reflects on Restorative Justice Program at Green Bay Prison

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Student Jillian Dickson-Igl has put together these thoughtful reflections about her experience with the restorative justice program at the Green Bay Correctional Institution.   

Back in October, I was fortunate enough to be able to go to the Green Bay Correctional Institution (GBCI) as a part of the Restorative Justice class that was taught by Professors O’Hear and Schneider. The trip consisted of three days at the prison, two of which I was able to attend, as part of the prison’s Challenges and Possibilities program for inmates. The Challenges and Possibilities program is a thirteen-week program that helps the participants focus on their own personal growth as well as aiding them in realizing the impact of their actions, past and present, on other individuals. At the conclusion of the program is when the three-day restorative justice component comes into play, and this is when community members, lawyers, judges, and survivors of crime come to the prison to spend time with the men in the program.

Going into the experience I was very skeptical as to what was going to happen.   Read more »

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Study Abroad in Giessen, Germany

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2014 Program ParticipantsApplication materials are now available for the 7th Annual Summer Session in International and Comparative Law, held each summer at the Justus Liebig University in Giessen, Germany.  The program is a joint offering of the Marquette University Law School, the University of Wisconsin Law School, and the Faculty of Law at Justus Liebig University.

This summer’s program will run from July 18 until August 15.  Participants choose two courses from among the following offerings, for a total of four credits : International Economic Law and Business Transactions, Comparative Law, The Law of Armed Conflict, and International Intellectual Property Law.  All classes are offered in English.

Each summer, the program attracts participants from Marquette, UW, other American law schools and students from all over the world.  This past summer, international students came from Turkey, Portugal, Togo, Ethiopia, Brazil, Vietnam, Italy, Great Britain, Colombia, Germany and Australia, among other countries.  Courses are taught by an international faculty.  Students learn from each other as much as from faculty, as classroom discussions provide different perspectives that cut across legal systems and cultures.

Additional information and an application form are available on the program’s webpage.  Course descriptions are available here.  Brief faculty biographies are available here.

Law students considering a study abroad experience should consider these ten reasons for participating in the Summer Session in Giessen, Germany.

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Calls for Doing Better Set Tone for Catholic Schools Conference

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Category: Marquette Law School, Marquette Law School Poll, Milwaukee, Public, Religion & Law, Speakers at Marquette
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Perhaps Kathleen Cepelka effectively summed up a half-day conference Wednesday on the future of Catholic kindergarten through twelfth grade schools simply by describing the state of the schools in the Archdiocese of Milwaukee.

Cepelka, the superintendent of schools in the archdiocese, told the full-house audience in the Appellate Courtroom of Eckstein Hall about the strengths of schools in Milwaukee, about positive developments in enrollment, and about the many praiseworthy people and organizations involved in making the schools as good as they are.

But, she said, the quality of some of the schools isn’t what it needs to be and there are weak levels of achievement among students in some schools.  “We are not satisfied,” she said.

That mix — loyalty and pride in Catholic schools with an understanding of the pressing need to improve —  was voiced frequently during the conference, “The Future of Catholic K-12 Education: National and Milwaukee Perspectives,” sponsored by Marquette Law School and the Marquette College of Education.  Maybe “we are not satisfied” could have been the slogan for the event.   Read more »

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Congratulations to the 2014 Chicago Bar Association Moot Court Teams

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Congratulations to 3Ls Stephanie Chiarelli and Adam Dejulio for reaching the octofinals of the Chicago Bar Association Competition this past weekend.  Attys. Kaitlyn Reise and Mindy Nolan coached the team and traveled to the competition.  3Ls Tyler Hall and Jeff Morrell also competed and were coached by Attys. Jaclyn Kallie and Dana Luczak.  All of the coaches are Marquette alumni who competed in moot court.  Professor Rebecca Blemberg advised the teams.

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Briefs that Changed the World

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brief in Plessy v. FergusonThis semester I had the opportunity to take Prof. Edwards’s class Advanced Brief Writing: Briefs that Changed the World. I must admit that I was slightly skeptical of the idea that simply reading remarkable briefs would somehow make me a better writer. But, I’m happy to admit that I was quite wrong in this assumption. Reading the briefs covered in this class have inspired me to try my hand at the various techniques the authors employ when writing these briefs (I make no promises about whether my attempts have proven successful). Hopefully they will inspire you too. Thank you, Prof. Edwards for allowing me to share this list of briefs:

Miranda v. Arizona (Petitioner)

Bowers v. Hardwick (Respondent)

Gideon v. Wainwright (Petitioner)

San Antonio School District v. Rodriguez (both Petitioner and Respondent)

Wards Cove Packing Co. v. Atonio (both Petitioner and Respondent)

Loving v. Virginia (Appellant)

Aikens v. California (Petitioner)

Furman v. Georgia (Petitioner)

Roper v. Simmons (Respondent)

Meritor Savings Bank v. Vinson (Respondent)

Hernandez v. Texas (Petitioner)

Citizens United v. Federal Election Commission (both Appellant and Appellee)

When Prof. Edwards spoke to the Marquette Legal Writing Society at the beginning of the semester, she advised students to read. Since receiving her advice, I have read every opinion by Chief Justice John Roberts that I can get my hands on. If I can soak in even 1% of his writing style, I will die from pure legal writing happiness. Hopefully these briefs will kick-start your reading and make you think about techniques and strategies you can incorporate into your own writing.

Finally, I highly recommend picking up Point Made: How to Write Like the Nation’s Top Advocates by Ross Guberman. We use this book in Prof. Edwards’s class, and it is simply fantastic.

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Barrock Lecture Explores Collision Between Criminal Law and Neuroscience

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Morse“Be of good cheer; everything is going to be all right.” With these words last week, Stephen Morse sought to reassure his audience at Marquette Law School that advances in neuroscience will not ultimately upset traditional understandings of criminal responsibility. Morse, a professor at the University of Pennsylvania, was in town to deliver Marquette’s annual Barrock Lecture on Criminal Law. A podcast of Morse’s engaging presentation is here.

Neuroscience is increasingly giving us the ability to understand — and even, in the form of colorful MRI images, to see — some of the specific biological processes in the brain that produce thought and action. This suggests the possibility of “my brain made me do it” defenses, especially in cases involving defendants who have demonstrable neurological abnormalities. If a particular aspect of a defendant’s brain can be identified as a “but for” cause of his criminal behavior, then should not that provide an excuse?

Morse argues that this defense proves too much.   Read more »

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Congratulations to the 2014 Marquette National Moot Court Teams

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I had the privilege of working with two outstanding National Moot Court Competition (NMCC) teams again this year. Marquette hosted the Region VIII round of the 65th Annual NMCC this weekend and included thirteen participating teams.  Marquette fielded two teams; please congratulate both on their strong finishes.

Michelle Cahoon, James Decleene, and Brian Kane took the best Petitioner’s brief award with the top scoring brief in the competition.  The team advanced the semifinal round and just missed qualifying for nationals by less than a point.  Attorneys Jesse Blocher, Michael Cerjak, and Brendon Reyes coached the team.  Brendon, now an attorney practicing in Waukesha, was a member of last year’s national team.  Jesse was a member of one of my first NMCC teams.

Jennifer McNamee and Elizabeth Oestreich advanced to the quarterfinals and were the number 1 seed after the preliminaries, after particularly strong showings in their oral arguments.  That team was coached by Attorneys Emily Lonergan, Jason Luczak, and Max Stephenson.  Elizabeth, Emily, and Max happened all to have (Elizabeth), or had (Emily and Jason), the role of Chief Justice of our Moot Court Association.  I enjoyed watching the students and coaches on both teams working together and getting to know each other.

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