Welcome June Bloggers!

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We would like to welcome our guest bloggers for the month of June to the Faculty Blog.

Our Alumni Blogger for June is Kristin D. Hardy, Compliance Counsel at Rockwell Automation, Inc., the world’s largest company dedicated to industrial automation, headquartered in Milwaukee. As Compliance Counsel, Kristen focuses on the areas of regulatory compliance, third party anti-corruption, and bribery. Additionally, she handles internal ethics investigations across the global enterprise, while assisting with communications, messaging, and training related to the compliance & ethics program.

Kristen graduated from Marquette in 2014, where she served as the President of the Black Law Students Association (BLSA). She was also an editorial staff member of the Marquette Intellectual Property Law Review, and a MWBLSA Thurgood Marshall mock trial captain and participant.  Kristen currently serves on the Board of Directors for the Wisconsin Association of African-American Lawyers (WAAL), an organization dedicated to ensuring diversity in Wisconsin’s legal community through community service and professional partnerships. She was recently elected to the Board of Directors for the Young Lawyers Division (YLD) of the State Bar of Wisconsin. Kristen has presented at national legal conferences, including the Association of Corporate Counsel (ACC) Annual Meeting (2016) and Chief Litigation Officer Summit (2016). More recently, Kristen was a recipient of the 2017 National Summit of Black Women Lawyers Emerging Leader Award, and a member of the inaugural class of G. Lane Ware Leadership Academy through the State Bar of Wisconsin.

Our Student Blogger for the month of June is Hannah Dockendorff.  Prior to joining Marquette University Law School, Hannah graduated summa cum laude from Cardinal Stritch University with a bachelor of arts in history. During that time, she promoted education in history and science while working for the Distance Learning Program in the Milwaukee Public Museum. Hannah also has a lengthy history of serving others, for example working with Catholic Charities of the Archdiocese of Washington D.C. to integrate recently released convicts into the local community.  While at Marquette, Hannah focused her studies upon immigration and other related legal matters. This resulted in Hannah providing legal assistance for the Milwaukee Justice Center, the Marquette Volunteer Legal Clinic, Catholic Charities Immigration Services, and the Wisconsin Department of Workforce Development Equal Rights Division. Hannah also was recently awarded a CALI for International Intellectual Property. Hannah Dockendorff is a newly minted May 2017 graduate of the Law School with Pro Bono Honors for over 120 honors of service.

We look forward to reading your posts!




Quieting The Noise: And How You’ll Know When Its Time To Leave Your First Job

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During the Marquette Review banquet in March, Steven Biskupic, former U.S. Attorney for the Eastern District of Wisconsin and the featured speaker, explained why we law students should leave our first job. He gave many reasons for why one should leave, such as general dissatisfaction or being asked to sacrifice our own moral standards. But the harder part, and the question addressed here, is how does one know when its time to leave?

This process begins with sensitivity. Not the type of sensitivity we associate with hurt feelings or emotionalism, but the innate ability to feel what is around and inside us. For instance, anyone who spends any time around a law school during finals can feel a certain something in the air. There is an intensity, a buzz, a tension, and it is palpable. It is so palpable, in fact, that everyone feels it. One can almost taste it. It is not uncommon to hear students say things like, “I have to get out of the building, it is too intense in there.” But if you look around, it is not the sort of intensity that is produced by some form of frantic, kinetic movement, like the kind you might find at a tax preparer’s office in early April. Rather, it is the sort of potential energy you find stored in the minds and bodies of students who, with head in hands, exude anxiety, fear, and stress. Sometimes it is visible in the faces of those around us, but even if it can’t be seen, it can be felt. Read more »




Insights on Judiciary and Tech Industry Highlight New Marquette Lawyer Magazine

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Category: Criminal Law & Process, Environmental Law, Federal Law & Legal System, Marquette Law School, Public, Speakers at Marquette, U.S. Supreme Court, Wisconsin Criminal Law & Process
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Marquette Lawyer Summer 2017 CoverTwo pairs may not be the most powerful hand in poker, but they are definitely a winning combination for the Summer 2017 edition of Marquette Lawyer, the Marquette Law School magazine.

One pair in the magazine focuses on how long U.S. Supreme Court Justices should serve and, more broadly, how to assure confidence in the judiciary. Judge Albert Diaz of the U.S. Court of Appeals for the Fourth Circuit focused on this in the E. Harold Hallows Lecture he delivered at Marquette Law School in 2016. The magazine offers a lightly edited text of the lecture by Diaz, including his advocacy of ideas he presumes that few of his fellow judges would support. Paired with the text is a comment from Diaz’s colleague on the Fourth Circuit, Judge James Wynn, L’79. An interview and profile of Wynn accompany his comment. The Diaz text may be read by clicking here and the Wynn comment (and interview) here.

The other pair in the magazine offers provocative insights from two people who play leading roles in the tech world. Brad Smith, president and chief legal officer of Microsoft, made two appearances at Marquette Law School on November 15, 2016, delivering the Helen Wilson Nies Lecture on Intellectual Property and participating in an “On the Issues with Mike Gousha” program. A selection of his thoughts may be found by clicking here.

Ted Ullyot is currently a partner at Andreessen Horowitz, a leading venture capital firm in Silicon Valley, and he was formerly general counsel for Facebook—indeed, the lawyer who led the company in the process of going public. An edited version of Ullyot’s remarks at the Law School in a Helen Wilson Nies Lecture in April 2016 may be found by clicking hereRead more »




Israel Reflections 2017–Trust is Optional–Last Blog of the Trip!

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MOty Cristal stands in front of a classroom of students and lectures.Speaker Moty Cristal is always one of the student favorites and, frankly, I never know what he is going to do.  Last time, he led us in an exercise learning about coalitions.  This time, Moty focused on the lessons from his upcoming book chapter in the Negotiator’s Desk Reference regarding negotiation in low-to-no trust environments.  As usual, the students loved him!  Here is student James Wold’s assessment.

The most memorable speaker I found in Israel was one of the last ones we had during our week. Moty Cristal is one of Israel’s leading negotiation experts and I knew it would be an interesting discussion from the moment he called himself a prac-ademic (a play on practictioner and academic). He noted that he is not exactly a practitioner, nor a pure academic in the field of negotiation. What he is, however, is undeniably brilliant and fascinating. In many ways, he tied up a lot of the issues that we were dealing with on the trip, such as conflict resolution. I find myself wanting to learn so much more from and about him.

The portion of the one-hour discussion (it was anything but a lecture) that got me to stand up and take notice was his statement that trust is not a prerequisite to negotiation and that respect of the process and freedom to hate were important. While respecting the process is something I’ve heard before, the freedom to hate aspect was a sharp departure from most of what I’ve learned regarding negotiation. In most of my learnings, it emphasized gaining the trust of the other side is vital in starting a negotiation. Although it was perhaps a bit counterintuitive, the lesson I took away on freedom to hate is that neither side must be friends at the end of the day to make a deal work, especially when resolving a conflict. Moty’s entire presentation style and infectious energy kept me engaged from beginning to end. Read more »




Israel Reflections 2017–Race and Diversity

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Category: Human Rights, Marquette Law School, Political Processes & Rhetoric, Public, Race & Law
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Close up photo of Ethiopian member of the Israel Defense Forces kissing the Western Wall in Israel.Another new meeting this year was with Oshra Friedman of Tebeka legal services, an organization that provides specialized legal services for the Ethiopian immigrants to Israel.  As we learned on our last trip, Israel has welcomed thousands of immigrants from Ethiopia of Jewish heritage and assimilation into the modern society of Israel can be very challenging.   As we also saw last time, these challenges can remind us and cause us to reflect on the challenges of race here in Milwaukee.  From Student Sheila Thobani:

Before we even discussed paper topics prior to departing for Israel, thoughts about the conflict were already flooding my mind. Not the cliché thoughts of the obvious conflict, the talked about every day in the media conflict, but one that I had a more personal association with: identity. I believe that is why Oshra Friedman’s narrative engaged my curiosity.

With the constant comments in public about my physical characteristics, one-second longer than comfortable gazes, and second-guess pseudo interrogations by people of authority—I was waiting at the edge of my chair to see how someone who looked different than every other person on the streets of Israel dealt with her diversity. An immigrant from Ethiopia, whose parents refused to assimilate, who jumped forward too far because her community was too backwards, who didn’t succumb to gender norms, who married an Ashkenazi Israeli- this was a story I was all too familiar with; a familiarity not by exposure but by experience.

Whereas, over the border and across the sea, America has heard Friedman’s story of diversity for generations, Israel is still becoming familiar with this narrative. By no means do I mean to convey that because in America the story is heard that it is accepted and internalized- I only mean that it is there that there is the exposure and familiarity. As Friedman spoke about her mixed race children handling the innocence of childhood and the ignorance of adults, and agave accounts of situations they faced, I relived my own childhood memories of confusion colored by pride. Read more »




Israel Reflections 2017–Treating Terrorists and Other Medical Challenges

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Television camras and microphones surround Dr. Ofer Merin dressed in doctor's scrubs.One other new visit this year was with Dr. Ofer Merin, a commander of the Israel Defense Force (IDF) Medical Field Unit and emergency room doctor at Shaare Zedek Medical Center in Jerusalem.   As student Margo Clark notes, his roles often require both flexibility and understand beyond our immediate biases.

Dr. Ofer Merin is the Chief of the IDF Field Hospital, which travels to different countries to offer assistance in times of need. One example of the IDF Field Hospital’s greatest accomplishments is its ability to be the only field hospital from a foreign country to help the Japanese people after they were devastated by a tsunami. Their success comes from the amount of flexibility and understanding that Dr. Merin and his team work under. Rather than pushing their own system, Dr. Merin and his team worked under and around Japanese law. Under Japanese law, it is illegal for a foreign doctor to treat a Japanese citizen.  The team was flexible and put the Japanese people first. Their flexibility is exemplified by their assisting and enabling Japanese doctors to treat the large number of Japanese people who were in need. By foregoing their egos and putting understanding and flexibility first, Dr. Merin and his team were the only foreign field hospital team to be allowed to help the Japanese people.  Here is a MSNBC news report showing the IDF work in Haiti from 2010.

Dr. Merin’s flexibility and understanding is continually shown in his additional role as the Deputy Director of the Shaare Zedek Medical Center. This center is known for simultaneously treating terrorists and the victims of their attacks. It is excessively difficult to imagine how hard it must be to treat a terrorist. However, Dr. Merin understands the consequences of both treating and not treating terrorists and being beyond reproach as far as bias towards his patients. As a doctor, he is an example of following the Hippocratic oath and doing no harm under stressful conditions where many would be tempted to be biased and fail their duties as doctors. His example is important because if he can work without bias towards terrorists, doctors everywhere should use his example to attempt to work without any sort of bias. Read more »




Israel Reflections 2017–The Israeli Supreme Court

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Interior view of a hallway in the Isralei Supreme Court Building with natural light strwaming in from a row of windows.This year we were able to meet with two different former Israeli Supreme Court Justices–at the beginning and at the end of the trip–which provided great bookends to our week of learning.  Student Celeste Borjas reflects on the visit to the Supreme Court…

On our last day in Jerusalem we were able to tour the Israeli Supreme Court. The Israeli Supreme Court building is conveniently situated between the Israeli Parliament building (the Knesset) and the office of the Prime Minister. Our tour guide explained that this was purposeful, and was meant to symbolize the role of the judiciary as mediator of conflict. As we entered the building, I was taken aback by the amount of natural light entering through the windows. Though it was a very rainy day, there was no need for lamps or artificial lighting in the foyer. Another physical attribute of the Court foyer that caught my eye was the aesthetic created by a wall made entirely out of Jerusalem stone (a sandy-white limestone out of which most buildings in Jerusalem are constructed) standing opposite of a clean unadorned wall of white plaster. Our tour guide explained that this juxtaposition was meant to symbolize how the laws of men on Earth should complement the ultimate pursuit of eternal justice.

One of the first things to surprise me was that the Israeli Supreme Court actually operates similarly to the United States Court of Appeals. I had originally expected the highest court in Israel to resemble the Supreme Court of the United States. Not so. Like the U.S. Court of Appeals, the Israeli Justices (13 total) typically preside over cases in panels of three. Additionally, parties to a suit are entitled to an appeal at the Israeli Supreme Court as a matter of right. Moreover, any person may directly petition the Israeli Supreme Court (and bypass the district courts) if an action by an Israeli governmental entity contradicts/contravenes the basic laws of the Knesset. This last point reminded me of the power of the D.C. Circuit to hear cases involving federal agency action. Read more »




Israel Reflections 2017-The Case Of The Curious Citizenship (East Jerusalem)

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Our visit with Riman Barakat, a former Marquette Fulbright scholar who has worked in many different Palestinian-Israeli peacebuilding NGO’s is always a highlight of the trip.  Student Adrianna Hromadka reflects on the questions and answers of her talk.

East Jerusalem offers a unique type of citizenship. After 1948, East Jerusalem was not included in the Israeli held territory. However, following the Group of Marquette Law students and others on Israel tripSix-day War, Israel extended permanent Israeli residency to Arabs that were then living in Jerusalem. Others not then residing in Jerusalem were not extended the same right of residency. Today, East Jerusalem serves as the capital of the Palestinian territory. While all of the territory’s citizens have Israeli residency, only a small percentage of East Jerusalemites have Israeli citizenship. Without Israeli citizenship, residents can only vote in municipal elections. Additionally, East Jerusalemites can lose their right of residency if they live abroad for more than seven years.

On our fourth day of the trip we got to dive deeper into the complexity of East Jerusalem. We had the opportunity to have a discussion with Riman Barakat, the CEO of Experience Palestine and a social activist. Barakat is an East Jerusalem citizen that has played a significant role in the peace movement in the East Jerusalem community. Barakat spoke about the importance of building bridges between the different communities for the betterment of Jerusalem as a whole. Read more »




Israel Reflections 2017–Old Gesher (the Crossing into Jordan)

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View of stone bridge at Israeli settlement "Old Gesher," located on the Jordan River.This trip we added a few new places and this was one of them.  As student Jessica Lothman reflects in this post, this particular bridge was filled with history, symbolism, and hope.

 

Bridging Time and Space: The Gravity of Old Gesher

Einstein put forth his theory of relativity in 1915 having determined that massive objects cause a distortion in space and time—this force is felt as gravity. Traveling through two-thousand years of history in eight days exerted its own gravitational force, with each speaker and landmark along our route from Jerusalem to the ancient Jaffa port in Tel Aviv pulling and pushing my perspective on conflict resolution in the context of Israel. Reflecting on our visit to Old Gesher—a place ripe with symbolism and metaphor—provides a snapshot of how the themes of relativity and gravity wove throughout our journey, and the course of human events in Israel and the Middle East.

We stopped at Old Gesher as twilight fell over the valley of the Jordan River on our way to Tiberius. Standing on the grounds, we could see the fence demarcating the border between Jordan and Israel near the confluence of the Jordan and Yarmuk rivers, as well as the standing remains of three historic bridges (gesher is Hebrew for “bridge,” an obvious metaphor for conflict resolution). These bridges span not only vital terrain connecting the port city of Haifa to Jordan and Syria, but also epochs of strife-torn history from the Roman era to the Turkish era, and finally the British and modern eras.

It also is the site of a pre-Israeli state hydro-electric power station envisioned and orchestrated by “the old man from Naharayim,” Pinchas Ruttenberg in the late 1920’s This engineering feat operated for a short time providing electrical power throughout the region and serving as a symbol of cooperation between the early Zionists and the kingdom of Jordan. Jews manning the station built the only Kibbutz east of the Jordan. Prior to the Arab Legion attack on the compound during the 1948 War of Independence, Jordan took the unlikely step of alerting the people in the Kibbutz that danger was imminent, allowing all but the vital personnel to evacuate. 30 brave souls remained to protect the Kibbutz and power station, which was later destroyed during the war and was never to operate again—emblematic of the toll taken by armed conflict. Read more »




Welcome May Bloggers

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Please join me in welcoming our guest bloggers for the month of May: Michael Anspach and Anthony (Tony) Cotton.

Our Student Blogger for May is Michael Anspach.  Michael just completed his second year at Marquette Law.  He has been elected Editor in Chief of the Marquette Law Review for Volume 101 and he is also Founder of the Law School’s Organization for Student Wellbeing.  He was born and raised in Toledo, Ohio, and he received his B.A. from Boston College with a Major in Philosophy and a Minor in Music.  Shortly after graduating from Boston College in 2012, Michael began studying the Eastern traditions, specifically Hatha yoga, meditation, and Ayurveda (the traditional Hindu system of medicine).  He became a certified yoga, meditation, and Perfect Health: Ayurvedic Lifestyle instructor through Deepak Chopra’s school in Carlsbad, California.  Since that time, Michael has been a daily yoga and meditation practitioner.  While in the process of starting his own yoga business, Michael came to realize two things: First, he did not want to turn his spiritual practices into a money-making endeavor, and, second, he enjoyed the contract work, negotiation, and intellectual stimulation, that goes along with any startup business.  Shortly after coming to this realization, Michael made the decision to attend law school.  This summer, he will work at the firm of Anspach Meeks Ellenberger LLP, based out of Toledo, Ohio, where he will focus on civil litigation defense, specifically the defense of nationally-based, long-term care facilities.

Tony Cotton is our Alumni Blogger for May. Tony was born in Waukesha, Wisconsin. He attended the University of Wisconsin-Whitewater for two years before transferring to UW-Madison. At Madison, Tony majored in Political Science and was twice elected to student government.  Tony the attended Marquette University Law School, where he focused heavily on criminal and international law. During his second year of law school Tony was awarded a grant from the Public Interest Law Society so that he could investigate human rights abuses in Eritrea, East Africa. In the summer of 2004, Tony traveled throughout Eritrea to interview civilians and prepare claims for people who had suffered damages as a result of the Eritrean-Ethiopian war. 

While still in law school, Tony secured an internship with the Federal Defender’s Office in Milwaukee. AS a law clerk, Tony helped draft a habeas brief to the 7th Circuit Court of Appeals and he was invited to Washington, D.C. to help the attorneys prepare arguments for one of the most significant criminal cases in United States history: United States vs. Booker (2005).  After graduation in 2005, Tony began working at Kuchler & Cotton, S.C. in Waukesha. All of Tony’s practice involves defending those accused of crimes.

Tony was elected to the Board of Directors of the Wisconsin Association of Criminal Defense Lawyers (WACDL) and has served as President of that organization. He has also served on the Board of Directors of the National Association of Criminal Defense Lawyers (NACDL).  Tony has been recognized by Super Lawyers, every year since 2008, and was selected by The Wisconsin Law Journal as an “Up and Coming Lawyer” in 2010. He also writes a monthly column for the Wisconsin Law Journal.




Innovation at the Food-Energy-Water Nexus

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I have previously written in this space about the importance of policy innovation at the food-energy-water nexus. On Tuesday, May 16, Marquette Law School will host an interactive and interdisciplinary workshop to explore those issues, drawing from engineering, legal, scientific, and policy spheres. The workshop format and accompanying discussions will (1) provoke conversations about overcoming barriers to the implementation of innovative water solutions, (2) A circle graph showing how water and energy are relatedstimulate ideas for focused academic research in the nexus, and (3) drive the development of organizational policy and technology roadmaps. The event incorporates sessions on energy use, recovery, and minimization at water and wastewater utilities; on groundwater; on agricultural sustainability and food waste; and on ethical considerations for stakeholders, a topic often absent from similar events. A working lunch and roundtable discussion as well as breakout sessions will invite and encourage broad-based attendee participation. Attendees will also have numerous opportunities to network with experts, researchers, and students. This event is sponsored by a grant from the National Science Foundation I/UCRC for Water Equipment and Policy. More details, including an agenda and registration information, are available here. Confirmed participants include: Read more »




The Lubar Center for Public Policy Research and Civic Education: A Prologue

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Lubar Center SignOn April 25, Marquette University Law School announced the creation of the Lubar Center for Public Policy Research and Civic Education. The center will be supported by a gift of $5.5 million from Sheldon and Marianne Lubar. The Lubar Center will further extend the Law School’s extensive engagement in public policy research and civic education, providing long-term support for an expanded set of initiatives. This gift builds on a previous seven-figure gift from the Lubars, in 2010, which established the Lubar Fund for Public Policy Research.

The Law School’s “public policy initiative,” established more than a decade ago, covers a wide range of activities including speakers, polling, fellowships, research, debates, and conferences. Perhaps the best way to imagine the new role of the Lubar Center is to appreciate the range of activities in which the Law School’s public policy initiative has engaged in recent years. These previous efforts, including support for reporting projects and civic education events, have established Eckstein Hall as “Milwaukee’s public square,” in the words of the Milwaukee Journal Sentinel. If past is prologue, this review also provides a preview of what the new Lubar Center can hope to accomplish.

To begin: The lunchtime interview series, “On the Issues with Mike Gousha,” has brought some 200 speakers to Milwaukee for interviews with Gousha, who is the Law School’s Distinguished Fellow in Law and Public Policy. The topics have ranged from regional water issues to crime to economic development to the Holocaust to international security to sports. These sessions, which fill the 200-plus seat first-floor room (now known as the Lubar Center) at Ray and Eckstein Hall, feature a wide array of perspectives on law (e.g., Supreme Court Justice Elena Kagan, former Solicitor General Paul Clement), members of Congress (Senators Ron Johnson and Tammy Baldwin, Speaker Paul Ryan, Reps. Mark Pocan, Reid Ribble, Ron Kind), virtually every candidate for statewide office, Pulitzer Prize winners, business leaders, historians, and many more.

Eckstein Hall has hosted numerous debates, moderated by Gousha and broadcast statewide, between candidates for virtually every statewide office, including races for governor, U.S. Senate, the Wisconsin Supreme Court, and state attorney general.

The existing Lubar Fund, which will become part of the Lubar Center, has supported journalism fellowships for major reporting projects in conjunction with the Milwaukee Journal Sentinel over the past five years, on topics such as political polarization, extensive reporting on the new Milwaukee Bucks arena, the economic history and current prospects of Milwaukee, and most recently a series on the impact of childhood trauma on poverty in the city. Each of these has illuminated the health, both good and bad, of the Milwaukee area and of the state. Recent partnerships with the Milwaukee Business Journal have resulted in multi-article series on Milwaukee’s General Mitchell airport and on the future of workforce development, also supported by the Lubar Fund.

Alan Borsuk, Senior Fellow in Law and Public Policy, has helped make education a continuing focus of the public policy initiative. Events have included individual speakers from across the spectrum of education issues. Education is a contentious issue with passionate advocates on all sides, but a hallmark of public policy events at Eckstein Hall has been the ability to host civil and serious conversations across conflicting viewpoints. Recently, for example, Borsuk moderated a discussion between an advocate of private school vouchers and an advocate for increased public school funding. More-expansive conferences, involving Borsuk, Gousha, and others, have addressed issues of charter schools and Catholic K-12 education. Most recently, the Law School and Marquette’s College of Education hosted a debate, moderated by Borsuk, between the candidates for state school superintendent.

Since January 2012, the public policy initiative has included the Marquette Law School Poll, the most extensive survey of public opinion in Wisconsin. While law school events bring a wide range of speakers, the poll was conceived as a way to give voice to the public at large. Representative samples of the public demonstrate the wide range of views on policy issues and how these views differ across the political and geographic regions of the state. The results of each poll are presented by Gousha and Charles Franklin, poll director and professor of law and public policy.

In 2012 and again in 2015, the policy initiative, in partnership with the Milwaukee Journal Sentinel and with the support of the Lubar Fund, hosted conferences on Milwaukee and the “Chicago Megacity.” These conferences brought regional elected officials, business leaders, and academics together to discuss issues of regional cooperation and competition across the three states and hundreds of municipalities that are part of the megalopolis linking northwest Indiana, Chicago, and Milwaukee. In 2015, this included results of the first poll of the entire region, gauging citizens’ views of cross-border cooperation.

The Law School has also hosted conferences and events featuring leading scholars working on cities, their problems and prospects. These have encompassed work on neighborhoods by Harvard’s Rob Sampson, intergenerational effects by Patrick Sharkey of New York University, social mobility by Stanford’s Raj Chetty (a Milwaukee native), and, most recently, the impact of eviction in Milwaukee, featuring Harvard’s Matthew Desmond, winner of this year’s Pulitzer Prize for Nonfiction.

This prologue, extensive as it is, merely sets the stage for the expanded opportunities offered with the new Lubar Center for Public Policy Research and Civic Education. The Lubar Center will allow us to expand our public policy work to include new efforts focused, for example, on the Milwaukee metropolitan region, as well as issues of statewide importance including water quality, public libraries, the workforce, and the future of rural Wisconsin. Through an expanded range of civic education events, the Lubar Center will not only produce research on public policy issues but also provide opportunities for public presentation and discussion of that research, bringing community audiences into contact with leading thinkers and researchers on a wide range of issues here at Milwaukee’s public square.