This Hallowed Ground

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Gettysburg1863-Forever-single-BGv1Part of the Army War College curriculum at Carlisle Barracks involves the study of past battles. While a student at the War College this last June, I spent several hours at nearby Gettysburg Battlefield as part of the College’s National Security Seminar. Consideration was given to issues of command and control as well as tactics. There was much to be learned from this pivotal battle.

We began the tour on the ground defended by the Iron Brigade (also known as the Black Hat Brigade). The Iron Brigade, with many soldiers from Wisconsin, suffered the highest percentage of casualties of any brigade in the Civil War. The Iron Brigade played an important role in slowing down the Confederate advance until more Union troops arrived in Gettysburg.

Having read about the Battle of Little Round Top—one of several key fights in the battle, walking around the scenic (and now peaceful except for the sound of tour buses) hill (and its neighbor, Big Round Top) one could only wonder at the ferocious fighting that took place there.   Read more »

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New Marquette Lawyer Magazine Looks At Evolution of Important Issues

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fall-2014-coverHow did we get where we are today? Consider that a central question underlying many of the stories in the Fall 2014 Marquette Lawyer magazine, being mailed this week and now available online.

As Wisconsin’s heated election for governor heads to a conclusion Nov. 4, the cover story of the new magazine provides both rich detail and thoughtful perspective on how Wisconsin, especially the Milwaukee area, became so politically polarized. Craig Gilbert, the Washington Bureau chief of the Milwaukee Journal Sentinel, spent much of the 2013-14 academic as Marquette Law School’s Sheldon B. Lubar Fellow for Public Policy Research. Gilbert worked closely with Charles Franklin, the Law School’s Professor of Law and Public Policy and director of the Marquette Law School Poll, in developing insightful data that show the changes. Gilbert calls southeastern Wisconsin “the most polarized part of a polarized state in a polarized nation.” Six experts provide perspective on what Gilbert’s findings mean in essays that accompany the piece. You may read it all by clicking here. Read more »

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Dealing with Law School Stress

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9e5f2e74ad783851eeb0312f24f2c7d5It’s a gray, rainy fall-like Friday. The fall is a wonderful season, especially in Wisconsin. But the fall, for law students, brings with it some added stressors: negotiating the fall interview season for 2Ls, keeping up with the increased workload in classes, squeezing in pro bono hours, writing appellate briefs or memos, all while trying to still have a life outside of law school. These stressors can feel overwhelming, especially to the 1Ls who are, as of yet, unfamiliar with the full rhythm of law school.

Some of these stressors are unavoidable. But others can we manage. Or at least we can adjust our expectations so that our responses to those stressors are healthier. See here  for law school’s common stressors and how to manage them.

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Professor Edwards Speaks to the Marquette Legal Writing Society

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Yesterday, Professor Linda Edwards, the Robert F. Boden Visiting Professor of Law, spoke to the Marquette Legal Writing Society about her work and interest in legal writing.

This semester Professor Edwards is teaching a course on the great briefs.  Each week students study a brief to determine what made the brief successful—what made it sing, as she said.  Among her favorite briefs are the petitioner’s briefs in Miranda v. Arizona and in Bowers v. Hardwick.  Professor Edwards recommended reading and studying good briefs as a way for an advocate to advance his or her own persuasive writing. Aside from the briefs she mentions in her book Readings in Persuasion: Briefs that Changed the World, she recommended reading anything written by the Solicitor General’s office and anything written by any of the Supreme Court justices as examples of great legal writing.

Professor Edwards also noted that really good briefs speak to the reader and that a legal writer’s own voice should come through the brief.  While structure is important, she said, formulaic writing of briefs is not effective.  She cautioned against doggedly following a set of received “rules” rather than crafting a document for a particular reader or situation.  Good legal writing doesn’t have to sound lifeless or mechanical, she said.

The mission of the Marquette Legal Writing Society is to foster discussion about legal writing.  Elizabeth Oestreich is the president of this year’s organization.

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New Marquette Law School Poll Puts Enthusiasm of Voters in Spotlight

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How important is enthusiasm among voters in determining the outcome of an election? Very, and the closer the election, the more important enthusiasm usually is because it indicates who will actually turn out to vote.

So how important are the “enthusiasm” results in the Marquette Law School Poll released Wednesday? That remains to be seen, starting with keeping an eye on the remaining rounds of polls that will be released before the Nov. 4 election.

But it is a sure bet that people working in the campaigns of Republican Gov. Scott Walker and his Democratic challenger, Mary Burke, are paying close attention to the new results. While the poll showed that the race for governor remains essentially tied, there was an uptick in how enthusiastic Walker supporters are and in the percentage of people who identified themselves as Republicans.

Overall, the poll found that Walker and Burke are tied at 46% each among registered voters. Among those considered likely voters (people who said they are registered and are certain to vote), Walker was supported by 49% and Burke 46%. In both cases, the outcomes were within the poll’s margins of error.

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Congratulations to AWL Scholarship Winners Cavey and LaFond

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lafondPhotographerOn Tuesday, September 16, 2014, the Milwaukee Association for Women Lawyers (AWL) Foundation honored two Marquette University Law School students with scholarships.

Britteny LaFond, 3L (pictured at left), received the AWL Foundation scholarship. The AWL Foundation Scholarship is awarded to a woman who has exhibited service to others, diversity, compelling financial need, academic achievement, unique life experiences (such as overcoming obstacles to attend or continue law school), and advancement of women in the profession. LaFond grew up in a small Wisconsin town, never, in her words, seeing firsthand some of the difficulties that people face, like poverty and homelessness. Since being in law school, LaFond has spent many hours volunteeringat: the Milwaukee Justice Center’s Family Forms Assistance Clinic, the Domestic Violence Injunction Project, and the Marquette Volunteer Legal Clinic. LaFond completed a judicial internship with Judge Pocan in Milwaukee County and an internship with the Legal Aid Society (Guardian ad Litem division). She is also presently interning at the state public defender’s office with a year-long clinical placement. LaFond is an auction chair for the Public Interest Law Society, a member of the Pro Bono Society, as well as secretary of the Criminal Law Society.

Kelly Cavey (pictured at right) received the AWL Foundation’s Virginia A. Pomeroy scholarship. This scholarship honors the late Virginia A. Pomeroy, a former deputy state public defender and a past president of AWL. In addition to meeting the same criteria as for the AWL Foundation scholarship, the winner of this scholarship must also exhibit what the AWL Foundation calls “a special emphasis, through experience, employment, class work or clinical programs” in one of several particular areas: appellate practice, civil rights law, public interest law, public policy, public service, or service to the vulnerable or disadvantaged. Cavey, a part-time student now in her final year of law school, was for five years a juvenile corrections officer. She now works full-time with the state public defender’s office as support staff while she is finishing her law school. She is a member of the Marquette Law Review, the Pro Bono Society, AWL, and has often made the Dean’s List. Cavey was an intern at the U.S. Department of Justice this past summer (2014) and an intern with the U.S. Navy JAG Corps during the summer of 2012.

Congratulations to both women for outstanding service and for their representation of Marquette University Law School.

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Lovell Wants to Build on “Penned Up Energy” of Marquette Community

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One thing Michael Lovell has learned about Marquette University since starting as president on July 1 is that there are many people on campus who have great pride in the institution and who want to make it better.

“There’s a lot of penned up energy,” Lovell said during an “On the Issues with Mike Gousha” session at Eckstein Hall on Tuesday. “People have some great ideas and they’re just waiting to go . . . For some reason or other, they just didn’t feel empowered to take those great ideas and just make them happen.”

That will be one of his main goals, Lovell said: Providing the resources and guidance for fresh ways to improve Marquette in all its aspects.

But Lovell held off on giving many specifics on what his agenda will be. For one thing, he said he is planning to unveil some plans during the events marking his inauguration next week. He reiterated previous statements that filling “a lot of open senior positions,” as he put it, is his first priority. “It is so important to get the right thought leaders in place.” Read more »

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Professor Papke’s Book on Pullman Case Cited in Huffington Post

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As we all relax today, Labor Day, and enjoy a Monday off of work and school, how many of us have thought about the origins of this day, the day to honor workers?

The Huffington Post explains the origins of Labor Day—arising from a labor strike turned bloody in the 1890s—and references our own Professor David Papke, who in 1999, authored The Pullman Case: The Clash of Labor and Capital in Industrial America.

For more on the meaning of today, with a reference to and quote from Professor Papke, see here.

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An Interview with Professor Jake Carpenter

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Carpenter

[Editor’s Note: This blog is the fourth in a series of interviews with faculty and staff at the Law School.]

Professor Carpenter teaches Legal Analysis, Writing, and Research courses at Marquette Law School. Outside of the law school, Professor Carpenter presents at writing conferences across the country, teaches Continuing Legal Education courses for the Illinois Attorney General’s offices in Chicago and Springfield, Illinois, and co-teaches a course, Writing Persuasive Briefs, for the National Institute of Trial Advocacy (NITA). Professor Carpenter is also active on various committees of the Legal Writing Institute.  Before teaching, Professor Carpenter was a civil litigator.

Prior to practicing law, Professor Carpenter was a member of the law review and graduated with honors from Mercer University School of Law. At Mercer, he received the Woodruff Scholarship, the law school’s top scholarship award. Professor Carpenter graduated with honors from DePauw University in Greencastle, Indiana. While at DePauw, Carpenter was named an All-American in track.

Question: How did you first become interested in teaching legal writing? 

I became interested in legal writing when I started practicing law and learned how much of a daily, critical role writing plays in a lawyer’s job.  Fortunately, I had some colleagues in my firm who were great attorneys, great writers, and great mentors.  I often saw the difference a strong brief made compared to a poorly written brief, and I began to view writing briefs as a fun challenge.  After gaining confidence and experience, I began to really enjoy all aspects of writing briefs.  When I decided to pursue teaching at a law school, I wanted to teach legal writing courses because researching and writing briefs were what I enjoyed most about practicing law.  I wanted to help students develop in those areas because it’s such an integral part of practicing law.

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Is it Time to Bring Back the Marquette Law School Baseball Team?

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Vintage BaseballEvery now and then the debate over whether or not Marquette should re-establish its varsity football team gets revived. Once a respected participant in the highest level of college football, Marquette unceremoniously dropped football in 1960. (See also here.)

In spite of its long tradition in sports law, it is a not well known fact that our law school once had its own baseball team. In his The Rise of Milwaukee Baseball: The Cream City from Midwestern Outpost to the Major Leagues, 1859-1901 (p. 324), Milwaukee historian Dennis Pajot notes that in 1895, a team called The Milwaukee Law Class competed with the city’s other amateur teams.

The Milwaukee Law Class, organized by the city’s law students in 1892, was Milwaukee’s first law school. In the mid-1890’s, its name was changed to the Milwaukee Law School, and in 1908, it was acquired by Marquette University. This is why the law school celebrated its centennial in 1992. (A second centennial celebration in 2008 marked the 100th anniversary of Marquette’s acquisition of the Milwaukee Law Class/School.) Read more »

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The Rest of the Story

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The story will be the horse race. It always is. Governor Walker and likely Democratic challenger Mary Burke are in a dead heat.  But there are a couple of interesting subplots in the latest numbers from the Marquette Law School Poll.

Like many Democratic candidates, Burke fares especially well with younger voters, and with those who are single (never married, widowed, or divorced).  Governor Walker, the Republican, scores best with those who are middle-age and married.  This is essentially the same voter behavior we saw in the 2012 presidential election.  But in a non-presidential year, the question for Burke will be whether those in the demographics who like her most will show up at the polls.

While the Burke campaign is undoubtedly pleased that the race appears close, one of the poll’s results may be cause for concern for her — 49 per cent of voters say they still don’t know enough about Burke to have an opinion of her.  That spells opportunity for the Walker campaign, which has unleashed a series of ads recently, rushing to define Burke before she defines herself. Read more »

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So What Do You Think of Mary Burke?

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On one level, the results released Wednesday of a fresh round of the Marquette Law School Poll did not contain much new. As Charles Franklin, professor of law and public and policy and director of the poll,  said frequently during the “On the Issues with Mike Gousha” event at which results were presented, there was not much that was statistically different from the poll two months ago. The big headline – and it did, indeed, make big headlines – was that Republican Gov. Scott Walker and Democratic challenger Mary Burke are essentially tied. That was the central result of the May poll as well.

I would suggest two important points that the little-changed results suggest:

One: The May results caught many people by surprise. There seemed to be a perception that, while the race was close, Walker was leading. The Law School Poll is the most closely watched and respected measure of public opinion in Wisconsin, and for the results to show a tie changed the perception of the race. But, as Franklin said on Wednesday, there were suggestions that the results might be a one-time matter, an “outlier.” To have almost identical results two months later should put to rest that notion. The only reasonable conclusion is that this really is a race that is tied at this point. The intense level of campaigning, more than three months before the November election, shows that the candidates themselves are operating on the understanding that this is an intense, highly competitive election that either could win. Read more »

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