Waukesha Diversion Application Inches Closer To Conditional Approval, But State Law Questions Remain

Posted by:
Category: Environmental Law, Public, Water Law
Leave a Comment »

Waukesha Mayor Shawn Reilly and Racine Mayor John Dickert visited Marquette Law School on February 4 for a wide-ranging conversation about Waukesha diversionWaukesha’s application to divert water from Lake Michigan pursuant to the Great Lakes Compact.  At the time, few observers expressed confidence about the application’s prospects for approval.  Now, after several intervening meetings by the Regional Body that governs the Compact, we have more clarity on a path forward.

The Regional Body has offered a revised plan for consideration under which it could grant a conditional approval if, in exchange, Waukesha accepts a smaller water service area (and a diversion reduced by a corresponding amount.)  In its application papers, Waukesha took the position that state law required it to request enough water to supply a water service area contiguous with its sewer service area.  The boundaries extended well beyond the city limits and included parts of the City of Pewaukee and the Towns of Delafield, Genesee, and Waukesha.  During a Regional Body meeting on April 21, it became clear that the expanded service area was a sticking point for several other states, all of which hold a veto power over the application.  Partly, this is because the exception to the Compact’s ban on diversions refers only to a “community,” in the singular; it makes no reference to a water service area.  The Regional Body therefore drafted, and yesterday posted to its website, a revised map showing a reduced service area that would decrease the estimated diversion request from about 10.1 million gallons of water per day (MGD) to about 8.2 MGD.  Waukesha leaders appear willing to accept the change: “[W]e’re approaching a workable solution for residents of the city,” said Waukesha Water Utility General Manager Dan Duchniak.  The decreased water service area may satisfy the requirements of the Compact.  But does it simultaneously violate state law for Waukesha’s water service area to be non-contiguous with its sewer service area, as the city originally posited?  The answer isn’t readily apparent, but some statutory calisthenics reveal the dilemma. Read more »

Print Friendly



Author Says Urban Progress Requires “Durable” Policy

Posted by:
Category: Milwaukee, Poverty & Law, Public, Speakers at Marquette
Leave a Comment »

A few phrases provide a taste of the serious serving of thoughts about urban centers in America offered by Patrick Sharkey, a sociology professor at New York University, at an “On the Issues with Mike Gousha” program at Marquette Law School on Tuesday.

“Multi-generational cumulative exposure.” Sharkey is author of the book, Stuck in Place: Urban Neighborhoods and the End of Progress Toward Racial Equality, and is working currently on issues related to violence and low-income communities. A key to his findings is that the problems facing people who live in poor, predominantly minority areas have built up for generations and show themselves in multiple serious ways, including the educational success and future prospects of children.

“A durable urban policy agenda.” Sharkey said that one thing that has shown positive results is sustained effort to help people with housing, jobs, education, and other matters – with the emphasis on the word “sustained.” So many initiatives are launched and then dropped, he said. He said he doesn’t see durable policy coming from the federal government. The waning of such efforts after the late 1960s is one of the main reasons progress in closing racial gaps stopped, he said. But durable efforts have been undertaken on more local levels, and that gives him some cause for optimism. Read more »

Print Friendly



Take Part in Sports, But Minimize the Risks, Sports Concussion Expert Says

Posted by:
Category: Public, Speakers at Marquette, Sports & Law
Leave a Comment »

Julian Bailes does not say that kids younger than 14 – or anyone else – shouldn’t take part in contact sports such as football.  But they should know the risks, follow the rules, and make sure they are involved with coaches and others who do the right things when it comes to the health of players.

Bailes is someone whose views are particularly worth attention. A former team physician for the Pittsburgh Steelers, he has been a central figure in medical work that has brought to light the links between repeated hits to the head and long-term brain damage among football players.

During an “On the Issues with Mike Gousha” program Tuesday at Marquette Law School, Bailes outlined the history of awareness of the toll that concussions and “sub-concussive” hits to the head can have, going back more than a century. But it has been in recent years that work by doctors, most notably  Bennet Omalu and Bailes, has established the high incidence among former professional football players of a form of brain damage known as CTE. Read more »

Print Friendly



Applications Still Being Accepted for Study Abroad in Germany

Posted by:
Category: International Law & Diplomacy, Marquette Law School, Public
Leave a Comment »

csm_Teaser_SuSch_01_17bc017384

 

There is still time to join law students from Wisconsin, throughout the United States, and around the world as they come together in Giessen, Germany from July 16 to August 13, 2016 for the Eighth Annual Summer Session in International and Comparative Law. The program already has the minimum number of participants necessary to move forward, but additional participants are welcome and applications will continue to be accepted until May 27.

The faculty includes Marquette Law School’s own Professor Ed Fallone and Adjunct Professor Doug Smith, as well as Professor Heinz Klug from the University of Wisconsin Law School, Professor Thilo Marauhn of the Justus Liebig University in Giessen, Germany, and Professor Sorcha MacLeod of the University of Sheffield in the United Kingdom.

Participants can choose two classes from the following four courses: 1) Comparative Constitutional Law: The E.U., Germany and the U.S.; 2) International Economic Law & Business Transactions; 3) Business Ethics and Human Rights Law; and 4) Comparative Corporate Governance. The schedule includes field trips to Berlin and Hamburg, as well as free time to travel Europe on your own.

Applications can be downloaded from the “Study Abroad” link on the Marquette Law School webpage. Interested students from Marquette or other ABA accredited law schools should contact Prof. Ed Fallone at edward.fallone@marquette.edu for more information.

Print Friendly



Insights Offered on Working in the White House and Judicial Nomination Gridlock

Posted by:
Category: Judges & Judicial Process, President & Executive Branch, Public, Sports & Law
Leave a Comment »

 

It was three years from the time Brett Kavanaugh was nominated by President George W. Bush to be a federal appeals court judge to the time when his nomination was approved in 2006. That certainly gave him a first-hand look at the difficulties of getting a federal judicial nominee approved by the U.S. Senate.

“It’s been a mess for decades,” Kavanaugh, who serves on the U.S. Court of Appeals for the District of Columbia Circuit, said Wednesday during an “On the Issues with Mike Gousha” program at Marquette Law School. Republicans have held up appointments by Democratic presidents. Democrats have help up appointments by Republican presidents.

Kavanaugh would not comment specifically on the current high-profile part of this recurring “mess,” in which President Barrack Obama’s nomination of Judge Merrick Garland to the Supreme Court has met a wall of Republican opposition in the Senate.

But Kavanaugh repeated a position he has held for years, one that was in line with the policy Bush advocated when he was president: “There really should be rules of the road agreed on by both parties ahead of time to fix the process. “ Kavanaugh said Bush, during his presidency, had suggested a policy in which nominations would get a vote in the Senate within 180 days. Kavanaugh supported that idea. Read more »

Print Friendly



Drone Law 101

Posted by:
Category: Environmental Law, Public
Leave a Comment »

The Federal Aviation Administration (FAA) estimates that almost 2.5 million unmanned aerial systems, more commonly known as drones, will be purchased in 2016, and that annual sales will reach almost 7 million units by 2020.  Drones have been or soon will be employed in an ever-broadening dronesphere of applications, including photography, natural resource mapping and management, hobbyist flying, military and police applications, and perhaps even package delivery.  But as with many fast-emerging technologies, governance regimes have not kept pace with science.  As a result, many of these millions of purchasers have at least one thing in common: uncertainty over how their flying activities are regulated.

On Friday, April 8, the Environmental Law Society hosted a discussion of the future of drone regulation at the federal and state levels, featuring three experts: Russ Klingaman, who teaches Aviation Law and is a licensed pilot; Eric Compas, a UW-Whitewater professor and drone enthusiast who has received grant funding to investigate the use of drones for natural resource and disaster recovery purposes; and Detective Eric Draeger of the Milwaukee Police Department.  In a wide-ranging discussion, the panelists agreed that legal regimes governing drones are constantly evolving.  They grouped the top legal challenges related to drones into three categories: safety, privacy, and security.

Read more »

Print Friendly



Congratulations to the 2016 Jenkins Honors Moot Court Competition Winners

Posted by:
Category: Legal Writing, Marquette Law School, Public
Leave a Comment »

Congratulations to the winners of the 2016 Jenkins Honors Moot Court Competition, Amardeep (Simi) Singh and Sara McNamara. Congratulations also go to finalists Samuel Draver and Alan Mazzulla, who additionally won the Franz C. Eschweiler Prize for Best Brief.  Simi Singh won the Ramon A. Klitzke Prize for Best Oralist.

The competitors argued before a large audience in the Appellate Courtroom. Presiding over the final round were Hon. Diane Sykes, Hon. Brett Kavanaugh, and Hon. Gary Feinerman.

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.  Thank you as well to the Moot Court Association for its work in putting this event together, and especially 3L executive board members Larissa Dallman and Andrew Otto.

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 final round video.

Print Friendly



Silicon Valley’s Challenge to Intellectual Property Law

Posted by:
Category: Intellectual Property Law, Public, Speakers at Marquette
Leave a Comment »

 

Ted Ullyot titled his Helen Wilson Nies Lecture at Marquette Law School on Tuesday, “Innovation, Disruption, and Intellectual Property: A View from Silicon Valley.” He made it clear which two of those three elements are looked on favorably within that bastion of high-tech culture: innovation and disruption. That leaves one not looked on so favorably: intellectual property law, if you define that as protecting creative work through patents, copyrights, or trademarks.

Ullyot has gained great insight into what goes on between technological visionaries on one side and corporate lawyers on the other. From 2008 to 2013, he was general counsel of Facebook. That covered a period in which Facebook grew at an amazing pace, its stock went public, and it was sued by Yahoo! for patent infringement. Ullyot described the Yahoo! case in detail in his lecture, including the way that many of the leading figures in Silicon Valley who had no connection to Facebook were rubbed wrong by the Yahoo! suit because the culture of innovation was so oriented against asserting intellectual property rights. Read more »

Print Friendly



NAAC Team Competes in Nationals

Posted by:
Category: Marquette Law School, Public
2 Comments »

20160220_183458The National Appellate Advocacy Competition started with 193 teams. Six regional competitions later, only 24 advanced to the national competition in Chicago April 7-9. One team from Marquette was among those 24 teams.

Cassandra Van Gompel, Daniel Murphy, and Arial Rosenberg (in the above picture from left to right), all 3Ls, won the Brooklyn regional in February to earn their place at nationals. (Murphy also won best oralist at regionals.) The team argued two rounds on Thursday, April 7. Unfortunately, they did not advance to the next round. Each round they argued was very close; in their second round, they lost by less than one point to a team that made the final round.

Congratulations to the team for their outstanding representation of Marquette Law.

Print Friendly



Congratulations to the 2016 Jenkins Honors Moot Court Competition Finalists

Posted by:
Category: Legal Education, Legal Practice, Legal Writing, Marquette Law School, Public
Leave a Comment »

Congratulations to this year’s Jenkins Honors Moot Court Competition finalists: Samuel Draver, Alan Mazzulla, Sara McNamara, and Amardeep Singh. All the semifinalists presented strong oral arguments.

Thank you to the semifinal round judges: Atty. Gil Cubia, Atty. Cathy LaFleur, Prof. Jonathan Koenig, Atty. Steve Meyer, Hon. Paul Reilly, and Atty. Jan Rhodes.

The final round will be held on April 13 at 6:00 p.m. in the Appellate Courtroom. The final round judges will be Hon. Diane Sykes, Hon. Brett Kavanaugh, and Hon. Gary Feinerman. The Law School community is cordially invited to attend the final round. Here is a link to rsvp for the event. The teams will be matched as follows:

Samuel Draver and Alan Mazzulla versus Sara McNamara and Amardeep Singh.

Best of luck to the finalists.

Print Friendly



Marquette Teams Excel in Negotiation Competition

Posted by:
Category: Marquette Law School, Negotiation, Public
1 Comment »

Fordham National Basketball Negotiation Competition TeamI am delighted to report that two teams represented Marquette University Law School at the Fordham National Basketball Negotiation Competition in New York City this past weekend. Out of the 36 teams participating, the team of Vanessa Richmond and Gabriella Saenz advanced to the Quarterfinals. The team of Sean McCarthy and Brycen Breazeale advanced to the Finals, where the Team was awarded Second Place in a very close decision.  Congratulations to all!

Print Friendly



Congratulations to the 2016 Jenkins Honors Moot Court Semifinalists

Posted by:
Category: Legal Writing, Marquette Law School, Public
Leave a Comment »

Congratulations to all who competed in the 2016 Jenkins Honors Moot Court Competition and special congratulations to this year’s semifinalists:  Samuel Draver, Alicia Kort, Alan Mazzulla, Kayla McCann, Sara McNamara, Amardeep Singh, Natalie Wisco, Samuel Woo. Teams are advancing after four rounds of preliminary competition this past weekend.

Thank you to the numerous judges who graded briefs and heard oral arguments, as well as to all the competitors, who prepared hard for the competition and fought good battles this weekend.

The semifinal round will be held on Thursday, April 7 at 6:00 p.m. The teams will be matched as follows:

Samuel Draver and Alan Mazzulla against Alicia Kort and Natalie Wisco in the Trial Courtroom; and Kayla McCann and Samuel Woo against Sara McNamara and Amardeep Singh in the Appellate Courtroom. Marquette students, faculty, and guests are invited to attend the rounds.

Good luck to the semifinalists.

Print Friendly