Sampling the Strong Stew of Thoughts at Eckstein Hall Education Conference

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Category: Education & Law, Marquette Law School Poll, Milwaukee Public Schools, Public, Speakers at Marquette
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Given the long list of controversial and major decisions to be made soon as the process of setting Wisconsin’s state budget for the next two years comes to a head, it was remarkable how much agreement there was among speakers at the wide-ranging conference on kindergarten through twelfth grade education policy Monday at Eckstein Hall.

“Pivotal Points: A Forum on Key Wisconsin Education Issues as Big Decisions Approach” brought together key figures involved in politics, schools, and education policy before a full-house audience in the Appellate Courtroom.

Yes, there were differences. But speakers covering a spectrum of views found a lot in common, including the need for stable, adequate funding of schools and stable, effective approaches to dealing with assessing students and tackling the challenges of schools where success is not common.

The four-hour conference opened with welcoming remarks from Marquette University President Michael R. Lovell and ended with something close to agreement by a Republican and Democrat involved in State Assembly education policy that “low performing” schools need support and help more than they need to be closed. Read more »

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The Chief’s Lawsuit

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Category: Constitutional Interpretation, Constitutional Law, Judges & Judicial Process, Public, Wisconsin Supreme Court
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220px-Shirley_AbrahamsonA lawsuit filed in federal court by a sitting Chief Justice of a state Supreme Court against her colleagues is certainly unusual, if not unprecedented.  The reaction to the filing of the complaint in Abrahamson v. Neitzel  by the mainstream media has ranged from viewing the lawsuit as comedy (The Milwaukee Journal Sentinel: “Will the Real Chief Justice Please Stand”) to viewing this latest development as part of an ongoing tragedy (The New Yorker: “The Destruction of the Wisconsin Supreme Court”).  However, the legal question at the heart of the Chief’s lawsuit is actually quite interesting.

Does the new method for selecting a Chief Justice of the Wisconsin Supreme Court take effect in the middle of the sitting Chief Justice’s term, or does it take effect upon the conclusion of the term of the current Chief?

Complicating the issue is the fact that an $8,000 salary differential exists between the position of Chief Justice and the other six Justices on the Court.  Removing Justice Abrahamson from her current position as Chief would result in the immediate loss of this portion of her salary.  Moreover, a mid-term reduction in salary appears to be prohibited by Article IV of the Wisconsin Constitution. Read more »

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Katie Maloney Perhach Discusses Her Leadership Role at Quarles & Brady

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Category: Education & Law, Legal Practice, Legal Profession, Marquette Law School, Public
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Marquette Law alum Katie Maloney Perhach discusses her leadership role at Quarles & Brady in this interview with the Milwaukee Journal Sentinel.  She is managing partner for the Milwaukee office and the chair of its Financial Institutions Litigation Group.

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Congratulations to Scott Butler–2015 Outstanding Young Lawyer of the Year

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Category: Legal Practice, Legal Profession, Marquette Law School, Public
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Congratulations to Marquette Law graduate, Scott Butler, for being named the 2015 Outstanding Young Lawyer of the Year by the Young Lawyer’s Division of the State Bar of Wisconsin.  Butler is an associate attorney with Fitzpatrick, Skemp and Associates in La Crosse.  In addition to his successful practice as a civil litigator, Butler serves on several legal and community organizations in the La Crosse area, including the Wisconsin Association for Justice and the La Crosse County Bar Association and New Horizons Shelter and Outreach Center.

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Welcome to Our May Blogger

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tulip iiOur May guest blogger with be 3L Amy Heart. Many thanks to our previous guest, 3L Elizabeth Oestreich.

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New Marquette Lawyer magazine takes long-term view of major issues 

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Category: Civil Rights, Marquette Law School, Public, Speakers at Marquette
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The long-term view: That’s a theme that underlies much of the content in the just-released Spring 2015 issue of Marquette Lawyer magazine. The way events and trends that date back decades shed light on major issues today is at the heart of several of the feature articles in the magazine.
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That is especially true of the cover story, “Screws v. United States and the Birth of Federal Civil Rights Enforcement,” an essay version of Marquette Law School’s 2014 E. Harold Hallows Lecture by Judge Paul J. Watford of the U.S. Court of Appeals for the Ninth Circuit. Watford recounts the history behind a 1945 U.S. Supreme Court decision which opened the way for more widely known landmark decisions on civil rights. Accompanying the article is a commentary piece by John J. Pauly, Gretchen and Cyril Colnik Chair in the Marquette University Diederich College of Communication, and Janice S. Welburn, dean of university libraries at Marquette University.

A November 2014 conference at the Law School on the state of kindergarten through twelfth-grade Catholic schools, both nationwide and in Milwaukee, is the basis of “Much to Preserve—and Much to Change: The Challenges Facing Catholic K-12 Education,” by Alan J. Borsuk, senior fellow in law and public policy at the Law School. The article reports on the decline in enrollment in Catholic schools, going back to the 1960s, and current efforts to reverse that trend.

Columbia Law School’s Robert E. Scott, a leading expert on contract law, proposes a path for navigating different theories of contract law in “Contract Design and the Goldilocks Problem,” a print version of his 2014 Robert F. Boden Lecture at Eckstein Hall. Scott analyzes the interpretive approaches, going back decades, of contract law titans Samuel Williston (focused on text)and Arthur Corbin (emphasizing context) and suggests a middle path. The magazine includes reactions to Scott’s approach from George Triantis of Stanford Law School; Victor A. Lazzaretti, L’93, of Emerson Electric Co. in St. Louis; Nadelle E. Grossman of Marquette Law School; and Stewart Macaulay and William C. Whitford of the University of Wisconsin Law School.

The magazine includes excerpts from nine articles by Law School faculty members in the current issue of the Marquette Sports Law Review. Each excerpt focuses on an aspect of the interaction between law and the world of sports. The nine professors are Michael K. McChrystal, Nadelle E. Grossman, Matthew J. Mitten, Kali N. Murray, Chad M. Oldfather, Judith McMullen, Edward A. Fallone, Jay E. Grenig, and Lisa A. Mazzie.

Dean Joseph D. Kearney takes a long-term view of the Legal Aid Society of Milwaukee, including the Law School’s involvement with the society’s work, in remarks that he made at a Legal Aid Society event.

The magazine begins with the dean’s column and law school news and concludes with the Class Notes section, including extended profiles of several accomplished Marquette lawyers: Jessica Poliner, L’06; Tim Reardon, L’88; R. L. McNeely, L’94; and Daniel Chudnow, L’84.

The full magazine may be found by clicking here.

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Urban Poverty Conference Offers Insights and Some Bits of Hope

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Category: Marquette Law School, Milwaukee, Poverty & Law, Public, Speakers at Marquette
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“Urban Men in Poverty: Problems and Solutions” – that was the name of a morning-long conference at Eckstein Hall on Friday. Not surprisingly, the content of the gathering, which featured presentations from five professors from four universities, shed more light on the problems than the solutions. The problems are large and urgent, and good research illuminates them. The solutions are much more difficult to identify and implement.

That gave the conference a lot of content but a sobering tone. On the other hand, hope was present too.

For one thing, the fact that such a gathering occurred was a promising sign, Marquette University President Mike Lovell told the audience of more than 200. This was the first collaboration between the University of Wisconsin-Madison La Follette School of Public Affairs and Marquette Law School. Lovell suggested this was an example of the kind of partnerships that are needed to create change.

“The only way we’re going to face and overcome the problems of urban men in poverty is by working together,” Lovell said. He said there are no easy answers. The problems related to urban men in poverty are rooted in events of decades. Solutions will not come quickly.  But, he said, he was excited so many people with serious interest gathered to show commitment to pursing solutions. Read more »

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Israel Reflections 2015 — Putting the Lessons into Action

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Before posting our last (and fabulous) blog post from the trip, I just want to say that it has been a real delight to share all of these reflections from my terrific students with our blogging community.  Looking forward already to the next trip in 2017!

Student James Bowers does a beautiful job here outlining how learning about international conflict may inspire us to deal with our own conflict in the U.S. Read more »

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Israel Reflections 2015 — The Elections

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Category: International Law & Diplomacy, Marquette Law School, Political Processes & Rhetoric, Public
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I know you are all bereft at the thought of the final Israel blog posts!  I’ll be sharing two from my students this week.  The first is on the Israeli elections.  Our trip was perfectly timed right before the Israeli elections and so we had already been learning about the different political parties in Israel and then seeing campaign posters all over the country.

Student Adam Marshall wrote about his experience:

“As a group of young soon-to-be lawyers, it was unbelievable to experience the last leg of a much-awaited election in Israel.   The country, after coming off of a brief war in the summer with its Palestinian neighbors, was eager to see if there would be a change in leadership or if everything would remain business as usual. While the Israeli election got sucked into the American media due to a congressional visit by Prime Minister Benjamin Netanyahu, which sparked a trivial debate between Republicans and Democrats, there was much more meaning to the elections in Israel.

“New elections in Israel meant possible new leadership of the country, which could lead them either closer or further away from peace with Palestine. As a student who arrived in Israel with the goal of studying the conflict, it seemed apparent that this would be the most important talking point in the elections. However, I was shocked to learn that the conflict was in fact not the most important issue in the election. In the end, what seemed to have won Netanyahu his seat once again was his foreign policy, not in regards to Palestine, but rather on Iran’s nuclear program, which was the topic of his controversial speech in the U.S. It seems that the focus on social issues in Israel may have been one reason for the dramatic decline in votes for the Zionist Union [the more liberal party] in the election from what the polls showed.

“The belief going into the election was that the Zionist Union and Herzog would have a chance to beat Likud and Netanyahu, but this was not the case. Instead Likud won 30 seats and the Zionist Union was behind with 24. While talking with different Israeli citizens, this belief that Herzog had a chance of winning remained, even though it was Netanyahu’s face that I saw all over Israel. During our bus rides through the city there were always political ads outside of my window. Whether it was a poster on a light post, a picture on a bus stop, or a giant billboard, there were always political ads in sight. Most of the ads were for Netanyahu, and I presume that is because he had the most money for the campaign, or rather his party did. Israel has a proportional representation voting system so a party runs a list of people with their top politicians at the head of the list. Other parties were represented around the cities, but it was clear that Likud had more area covered.

“One reason why the Israeli-Palestinian conflict may not have been a major issue in the election is that the people of Israel believe that politics remains a major roadblock to peace with Palestine. That is to say that, without the politicization of the conflict, there might actually be a peace agreement made. It seems to be that the split of political parties and the ever-changing party system creates a political scheme in which it is difficult to find peace. Unlike the U.S., Israel has a multi-party system, 10 of which make up the new Knesset after the elections. Parties change and make alliances after each election and this changes the political nature of the election.   If the parties were able to come together on their views regarding the conflict, there might be an actual peace agreement in the near future.

“It will be amazing to compare how my experience in Israel during their elections may be similar or different to my experience in the 2016 elections in the U.S. I assume it will be very different. I have a higher stake in the U.S. elections, and I can actually vote, but comparing campaigning styles and, more importantly, what issues are the most important will be very interesting. I will never forget my experience in Israel and the political culture there.”

We also visited the Knesset (shown below) and student Nate Hofman shared some details:Knesset

 

“On day three of the journey to Israel, our class was fortunate enough to get a tour of the Knesset. The courtyard was adorned with Israeli flags and a long walkway leading up to an impressive building. Unlike our domed capital building, the Knesset building is more rectangular with a flat roof. Once inside, our tour guide greeted us. Unfortunately, the Knesset was not in session because of the elections taking place a week from the time of our visit. We got to see a replica of the Israeli Declaration of Independence. It was written on a scroll, which seemed very Old Testament Israeli and perfectly fitting.

“The Knesset floor looks similar to the Congressional floor. The members sit in a semi circle facing the speaker on a raised podium. Above the 120 seats of the Knesset floor are two levels of viewing seats. The level closest to the floor, where we sat and listened, is used for invited guests and foreign dignitaries. The furthest from the floor is open for the public to view the Knesset.”

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Crowdfunding and Sport: How Soon Until the Fans Own the Franchise?

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Category: Corporate Law, Legal Scholarship, Public, Sports & Law
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Jamaika-BobThe latest issue of the Marquette Sports Law Review is now available online.  This is a faculty symposium issue.  I am proud to have my article, “Crowdfunding and Sport: How Soon Until the Fans Own the Franchise?,” included in this issue.  Here is the introduction.

The Green Bay Packers football team operates as a nonprofit corporation that has been publicly-owned since 1923.  Since that time, the franchise has raised capital by selling shares of stock in five different stock offerings, and there are currently over 350,000 individual members of the public who are shareholders of the team.  These shareholders are the joint owners of a sports franchise that is currently valued at $1.375 billion.

The public ownership of the Green Bay Packers is often noted in the media, and it is generally praised for contributing to the team’s strong tie to the surrounding community.  However, it is highly unlikely that any other N.F.L. team will follow in Green Bay’s footsteps.  Public ownership of franchises is actually prohibited under the current N.F.L. Constitution, and Green Bay’s ownership structure persists solely because of a grandfather clause that excludes the Packers from the prohibition.  Moreover, the unique nature of the Packer’s public ownership structure extends beyond the boundaries of the N.F.L.  The Green Bay Packers are currently the only wholly publicly owned franchise among all of the four major sports leagues (football, baseball, basketball and hockey) in the United States.

There is no reason why publicly owned professional sports teams cannot thrive and succeed at the same level as privately owned teams.  While public ownership of professional sports teams is relatively rare in the United States, it is common overseas.  Notable examples of publicly owned soccer teams are Real Madrid and Barcelona FC, both of which play in Spain’s Liga Nacional de Fútbol Profesional, commonly known as “La Liga.”  These teams are operated as “socios,” a form of nonprofit organization where fans of the club pay an annual membership fee for the right to buy season tickets in a special section of the stadium and the right to vote on certain management decisions.  Another team that plays in La Liga, Real Oviedo FC, has maintained consistent and significant numbers of public owners despite the relative disadvantage of being based in the region of Asturias, far from Spain’s major population centers.

It is not just that the United States lacks more than one example of a major league team that is wholly owned by the public.  It is also uncommon for American major league sports teams to have a minority ownership stake comprised of public shareholders.  In recent decades, the private owners of several major league franchises have experimented with establishing and maintaining a publicly owned minority stake, seeking to inject additional capital into their team whilst still maintaining control over the enterprise.  However, in each instance the private ownership group used a stock offering in order to create a minority interest, only to subsequently abandon the structure and negotiate the sale of the entire team to new owners.  For example, the Cleveland Indians baseball team held a public offering of shares in 1998 but went wholly private again in 1999.  The Boston Celtics basketball team had a longer run with minority public shareholders, holding a public stock offering in 1986 but eventually reverting to wholly private ownership in 2002.

Today the ownership of major league sports teams in the United States remains almost exclusively the province of large corporations, wealthy individuals or ownership groups comprised of these same two actors. Read more »

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New Law School Poll Results Generate Great Interest Quickly

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The passage of time was one of the reasons why the release of a new round of Marquette Law School Poll results on Thursday drew such strong interest. It was the first round of Law School polling since shortly before the general election almost six months ago.

But the passage of time since the last poll was only one factor driving the rapid dissemination of  the results across Wisconsin and well beyond. A governor who has emerged as a leading all-but-announced candidate for president, controversial proposals connected to the state budget being shaped currently, a first look at a likely US Senate race in Wisconsin in 2016, a proposal for public funding for part of the cost of  a new arena in downtown Milwaukee — there are a lot of hot subjects  where finding out what the public as a whole thinks is both interesting and potentially influential.

To mention a few of the broad themes of the results:

— Job approval of Republican Gov. Scott Walker dipped to lower levels than seen previously in Law School Polls in 2012, 2013, and 2014. Read more »

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Enhancing Credibility in Brief Writing by Using Oral Argument Techniques

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Category: Legal Writing, Public
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This semester in Professor Susan Bay’s Advanced Legal Writing course, Rhetoric and Persuasion, our class discussed the means of persuasion: logos, pathos and ethos. Ethos immediately intrigued me because I could not grasp how to employ ethos in brief writing. One legal scholar, Professor Kirsten K. Davis, explains ethos as “classically considered the ‘persuasive force of a person’s character.’” In one word, ethos can be defined as credibility. Reading articles from legal scholars like Professor Davis helped, but I still was missing a connection. And then it occurred to me that I had been familiar with credibility, just in a different branch of advocacy: oral arguments.

My understanding of oral arguments stems from my participation in Moot Court. I am proud to be a Moot Court enthusiast. I did not know about it until Professor Rebecca Blemberg recommended that my 1L Legal Writing, Analysis and Research classmates and I attend the semi-finals and finals of the Jenkins Honors Moot Court Competition. I was awestruck by the oralists. I vividly recall standing with Professor Blemberg, telling her that I could never recite law or formulate an oral argument the way those students did. To my great surprise, one year later, I competed in the Jenkins Competition.

Through participating in the Appellate Writing and Advocacy course as a student and as a student coach, the Jenkins Competition as a competitor and a student coach, and the National Moot Court Competition as a competitor, I have received and shared advice about how to be a credible advocate at the podium. Here are some ideas about credibility that transcend oral arguments, and that you can apply to your own brief writing.

Respect Your Audience.

Respecting your audience is one way to earn credibility. Just as an oralist does in oral arguments, use proper form when addressing courts in your brief (i.e. the court you are writing to is written as “This Court should,” and a court you are writing about should be written as “The court in Smith”). You can also show respect for your reader and earn your reader’s respect by being respectful to others. Address strong counterarguments or, if you are responding, then the opposing counsel’s strong arguments, and provide specific reasons why those arguments are flawed whether it be because of logic, fact, or policy. Read more »

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