Baldwin Points to Tax Issues for the Super-Rich as a Rising Issue

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Could using tax policy to reduce the gaps between the highest income Americans and middle and lower income people be an important, and maybe hot, issue ahead?

Sen. Tammy Baldwin indicated that was her perspective and that she was open to considering that during an “On the Issues with Mike Gousha” program Wednesday at Eckstein Hall.

“We clearly have a system that has chosen, in certain policy decisions made, to reward wealth over work,” Baldwin said.  “I think we have to question a system that works that way.”

Baldwin said some other countries have policies that limit the maximum salaries of CEOs in relation to the salaries of their employees. “I don’t think we’re going to see those kind of initiatives” in the United States, she said. “But that leaves the tax code really as our predominant way of looking at this and understanding this. . . . That’s an issue we should think about.” Read more »

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Why Isn’t Aereo a Cable System?

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Category: Intellectual Property Law, Public, U.S. Supreme Court
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Aereo tiny antennaThe Aereo case was argued this morning, and before Paul Clement could even get rolling on his introduction on behalf of the broadcaster plaintiffs, Justice Sotomayor hit him with this:

JUSTICE SOTOMAYOR: Why aren’t [companies like Aereo] cable companies?

MR. CLEMENT: They’re not ­­–

JUSTICE SOTOMAYOR: I’m looking at the — everybody’s been arguing this case as if for sure they’re not. But I look at the definition of a cable company, and it seems to fit.

I’ve been wondering this too. The question presented in Aereo is whether Aereo is engaged in a “public performance” when its servers automatically save and transmit recorded broadcast television programs to subscribers at their request, or whether that activity is properly understood as only the users’ activity. (Scotusblog has a good backgrounder on the case.)

In debating that issue, both the broadcasters and Aereo have at separate points analogized Aereo to a cable system — the broadcasters in the course of claiming that Congress intended to define what Aereo is doing as a “public performance,” just as it did with cable retransmission; Aereo in claiming that it is engaged in disruptive innovation, just as the early cable operators did. But that raises a somewhat different question: why isn’t Aereo subject to Section 111 of the Copyright Act? If it is, then the Court could avoid the entire debate over public performances; the text of Section 111 provides a direct route to liability for certain retransmissions without even mentioning the words “public performance.” And yet, as far as I can tell, it has not been raised by the broadcaster plaintiffs as a basis for a preliminary injunction. Read more »

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Thoughts on the Navy / Fukushima Litigation

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Category: Civil Procedure, Federal Civil Litigation, International Law & Diplomacy, Public
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There’s an important lawsuit currently pending in federal court in San Diego. In this post, I’ll provide a brief summary and then highlight an intriguing legal question that the parties haven’t addressed.

First the summary: Two months ago, a class of U.S. Navy sailors filed an amended complaint against Tokyo Electric Power Company (“TEPCO”), the operator of the nuclear reactors in Fukushima that melted down after an earthquake-induced tsunami destroyed their power systems in March 2011. Within days of the earthquake, the U.S. Navy sent the USS Ronald Reagan to provide humanitarian aid to victims, but inadvertently exposed dozens of sailors to allegedly high levels of radiation in the process. Press reports suggest that the carrier sailed into a plume of radioactive steam a couple of miles off the coast, and that the crew drank and bathed in desalinated seawater that was irradiated. The claimed effects include reproductive problems, leukemia, ulcers, brain cancer, and thyroid illnesses, among others. Upon return from the mission, one sailor allegedly began to lose his eyesight. Another gave birth to a child with multiple birth defects. Some observers believe that the Ronald Reagan–a $6 billion vessel–is now too radioactive to keep in service. According to the complaint, TEPCO is responsible because the company knew about the high levels of radiation emitting from the reactors but nevertheless failed to inform the public, including the ship’s crew. Claims include negligence; strict liability for design defect, failure to warn, and ultra-hazardous activities; public and private nuisance; and intentional infliction of emotional distress. As remedies, the plaintiffs have demanded compensation for lost wages, punitive damages, and a $1 billion fund for medical care. Last month TEPCO filed a motion to dismiss on the basis of international comity, forum non conveniens, the political question doctrine, and various alleged deficiencies in the prima facie case. Read more »

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Violence in the Heartland, Part VI: Cities Within the City

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Category: Criminal Law & Process, Milwaukee, Poverty & Law, Public
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My most recent posts in this series have compared violent crime data from different cities. However, focusing on a single crime-rate number from a city may mask wide neighborhood-to-neighborhood variations within the city.

Consider Milwaukee. A helpful on-line data tool permits interesting comparisons among the city’s seven police districts. The data reveal that rates of violent crime vary within the city by about as much as they do across cities. Here, for instance, are the homicides per 100,000 district residents since 2010:

district homicide

District 5, encompassing the north-central portion of the city, has easily had the highest homicide rate each year, while Districts 1 (downtown and northeast) and 6 (far south) have easily had the lowest. (District boundaries are described in more detail here.)

Robbery rates reflect a similar pattern:   Read more »

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Even More Commonly Confused Words

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Below are just a few more commonly confused words, with those post adding to this one and this one on the same topic.

Although/while – A former student recently asked me about this combination. There isn’t, as far as I can tell, a hard and fast rule on when to use each of these terms, but there may be preferred usage, and that’s what I’ll explain here.  “Although” tends to mean “in spite of the fact that.” According to Mignon Fogarty, also known as Grammar Girl, “although” is called a concessive conjunction, which means that it expresses a concession. For example, Although he admits he saw her in the crosswalk, he drove through the intersection anyway.

“While” can also mean “in spite of the fact that,” but it can also mean “at the same time.” The same sentence with the word “while” instead of “although” now has one of two different meanings. While he admits he saw her in the crosswalk, he drove through the intersection anyway. In that construction, the sentence could mean that in spite of the fact that he saw her in the crosswalk, he chose to keep driving through the intersection. This sentence might imply some indifference on the driver’s part, which may (or may not) matter to the meaning of the sentence. This same sentence could also mean that at the same time that he saw her in the crosswalk, he drove through the intersection. Perhaps there’s less driver indifference with that construction.  “While” meaning “at the same time” is more clearly illustrated in this sentence: While Patrick raked the lawn, I cleaned the windows. In that sentence, the reader more clearly gets the sense that Patrick and I are each doing two separate tasks at the same time.

The difference between “although” and “while” may be slight, but when you’re striving for precision in your writing, you might be wise to choose “although” when you’re making a concession and “while” when you really mean “at the same time.”   Read more »

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Sounding Like a Candidate, Clarke Asks, Where’s the Plan for Milwaukee?

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Category: Milwaukee, Milwaukee Public Schools, Public, Speakers at Marquette
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He said hardly anything about running the Milwaukee County Sheriff’s Department or the controversies he is involved in within county government. The policy area he talked about the most was education. And he spoke a lot about the Milwaukee of his childhood and the Milwaukee of the future.

No, David A. Clarke Jr. is not a stick-to-my-own-business law enforcement agency head. Milwaukee’s sheriff since 2002 didn’t say he was going to run for mayor during an “On the Issues with Mike Gousha” program Thursday at Eckstein Hall, but he sure sounded like a candidate.

“What’s the vision for the city of Milwaukee?” Clarke asked, faulting Mayor Tom Barrett for not putting one forth. “What’s the plan” for getting better student outcomes from Milwaukee Public Schools? A $1.2 billion a year operation ought to get better results, no matter how many problems kids have due to their lives outside of school, he said. “I think they’re mass producing illiteracy,” he said. Read more »

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MULS to Welcome Professor Linda Edwards in Fall 2014

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Category: Legal Education, Legal Scholarship, Legal Writing, Marquette Law School, Political Processes & Rhetoric, Public
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faculty_lindaedwards2014-04Marquette University Law School’s legal writing professors are pleased to announce that Professor Linda Edwards, E.L. Cord Foundation Professor of Law at University of Nevada Las Vegas, will be joining us as a Boden Visiting Professor for the fall semester of 2014.

Professor Edwards is a leading scholar and leader in the field of legal writing.  She has authored five texts, three of them focused on legal writing, and has written numerous scholarly articles on legal writing, rhetoric, and law. Her recent book, Readings in Persuasion: Briefs that Changed the World (Aspen Law & Bus. 2012) will serve as the basis for the advanced legal writing seminar she will be teaching at MULS next fall. The book discusses why some briefs are more compelling than others and covers briefs written in some of the law’s most foundational cases: Muller v. Oregon (the Brandeis Brief), Brown v. Board of Education, Miranda v. Arizona, Furman v. Georgia, Loving v. Virginia, and others. Professor Edwards says the course will build on what students learned in Legal Analysis, Writing & Research 2, but from a more advanced perspective.

Professor Edwards practiced law for 11 years before becoming the coordinator of NYU’s Lawyering Program. She then spent 19 years at Mercer University School of Law, where she was the director of legal writing and taught legal reasoning and advanced legal writing, as well as property, employment discrimination, and professional responsibility. In 2009, she joined the faculty at UNLV.  Also in 2009, Professor Edwards was awarded the Association of Legal Writing Directors and Legal Writing Institute’s Thomas Blackwell Award for her lifetime achievements and contributions to the legal writing field.

We are very excited to welcome Professor Edwards next fall.

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“You Betcha” and Other Wisdom from Education Conference at Eckstein Hall

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Category: Education & Law, Milwaukee Public Schools, Public, Speakers at Marquette
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Can we expect kids living in impoverished central cities to have the same levels of educational success as other kids?

“You betcha,” answered Michael Casserly.

I’m reluctant to reduce three hours of insightful conversation about urban education to two words, but more than a week later, that phrase is among several that sticks with me from “Lessons from Elsewhere: What Milwaukee Can Learn from Work on Improving Urban Education Systems Nationwide,” a conference at Eckstein Hall sponsored by Marquette Law School and Marquette College of Education.

Nobody among the speakers nor in the audience minimized the challenges of raising the overall achievement in schools in Milwaukee. But there was a widespread feeling of commitment to taking on the job, and even some optimism that it can be done. Read more »

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The Gender Wage Gap and Equal Pay Day

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Category: Civil Rights, Feminism, Public
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paydayMy brother and I used to love to play the game of Life. We’d always go to the college route because it didn’t take much to see that going straight into business was going to get you the lowest pay on the board ($12,000, at the time). We’d grumble if we ended up teachers (the next lowest pay at $24,000) and always wished for that coveted doctor salary (the highest pay at $50,000). Ironically, we both became teachers in the real game of Life.  But that aside, one thing in that game was always certain: if we both ended up with the same occupation, the pay was the same every payday, for him and for me.

The real game of Life isn’t like that.  Today is Equal Pay Day—the date on which the average woman earns what the average man made in the preceding year.  Except it’s taken the average woman an extra 98 days to earn it.

We’ve heard much about the gender wage gap; the fact that the average woman makes 77 cents for every dollar a man makes. It’s a number that has stubbornly resisted change for about a decade. And when you break it down further, women of color suffer from an even wider gap than white women when comparing their salaries with white men—64% for African American women and 53% for Latinas. Yes, the gap does close somewhat, if you adjust for education and occupation, but there’s always a gap. Read more »

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Violence in the Heartland, Part V: Wisconsin’s Cities

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Category: Criminal Law & Process, Public, Wisconsin Criminal Law & Process
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Since 1985, Wisconsin’s seven largest cities have followed markedly different paths in their rates of reported violent crime.  Two, Waukesha and Appleton, have consistently had lower rates than the state as a whole, while two others, Milwaukee and Racine, have typically had rates that are two to three times higher than the state as a whole.  Kenosha and Racine have significantly reduced their rates of violence since the 1980s, while the other five cities have experienced sizable net increases.

Here are the overall trends, in the form of reported violent crimes per 100,000 city residents:

Cities year by year

In recent years, as you can see, Waukesha has easily had the lowest rates and Milwaukee the highest.  Earlier, Appleton used to compete with some success for lowest and Racine for highest.

Here are the net changes in the cities’ crime rates from 1985-1987 to 2010-2012:   Read more »

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More Commonly Confused Words

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Category: Legal Writing, Public
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Nearly two weeks ago, I posted about some commonly confused words and how to choose the right one. Since then, I’ve had a few people ask about other commonly confused words, so I’ve compiled another list with suggestions for choosing the right word.

A/An/The – These three little words are called articles.  Some languages do not have articles, so when speakers of those languages learn to write in English, they also need to learn when to use each of these articles.  “A” and “an” are indefinite articles; that is, the noun that appears after them could refer to any ol’ thing, nothing definite. “The,” on the other hand, is a definite article. When a noun appears after “the,” the writer means for you to know that that noun is something specific.  For example, if I write, A court would hold the defendant liable, I’m saying any court, not a specific court, would hold the defendant liable. But if I write, The court would hold the defendant liable, I mean that a specific court would hold him liable, and which court that is would likely be clear from the context of the sentence in a larger document. As well, in both examples above, I’ve used the defendant, meaning a specific defendant about whom I am writing.

One other thing to note: “An” is used before nouns that begin with a vowel (a, e, i, o, u) or words that sound like they begin with a vowel, even if they don’t. An example would be: An honest person would return an item she found that didn’t belong to her. In that sentence, “honest” gets an “an” before it, even though it doesn’t begin with a vowel, but it sounds like it does. “Item” does begin with a vowel and gets an “an.” Conversely, some words that begin with vowels get “a” before them because they sound like they begin with consonants. E.g., There’s a one-hour delay for my flight.

Counsel/Council – In short, law students will become “counsel” when they become lawyers. This is because they will counsel their clients. They may also be called “Counselor.”  “Council” is a governing body of some sort, like a city council. A member of that governing body would be a councillor. Read more »

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Congratulations to the 2014 Jenkins Honors Moot Court Competition Winners

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Congratulations to the winners of the 2014 Jenkins Honors Moot Court Competition, Jennifer McNamee and Elizabeth Oestreich. Congratulations also go to finalists Amy Heart and Frank Remington, as well as Brian Kane and Amanda Luedtke, who won the Franz C. Eschweiler Prize for Best Brief.  Amy Heart won the Ramon A. Klitzke Prize for Best Oralist.

The competitors argued before a packed Appellate Courtroom. Presiding over the final round were Hon. Diurmuid O’Scannlain, Hon. Annette Ziegler, and Hon. Anne Burke.

Many thanks to the judges and competitors for their hard work, enthusiasm, and sportsmanship in all the rounds of competition, as well as to the moot court executive board and Law School administration and staff for their work in putting on the event. Special thanks to Dean Kearney for his support of the competition.

Students are selected to participate in the competition based on their success in the fall Appellate Writing and Advocacy class at the Law School.  Here is a link to the video of the competition.

 

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