Learning the “Old-Fashioned Way”: Study Says Taking Notes by Hand Better for Recall

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Category: Higher Education, Legal Education, Public
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note takingThese days, it’s hard to find a law student who doesn’t come to class with a laptop or tablet of some type. Even if the student avoids the temptation to access the Internet during class and simply uses his laptop to take notes, it’s likely his recall of concepts will be not as good as a student who takes her notes by hand.

According to a post in The Chronicle of Higher Education, researchers have found that taking class notes by hand helps students better recall concepts in the lecture. The researchers asked students to take notes using “their normal classroom note-taking strategy.” Some used laptops (disconnected from the Internet) and others used pen and paper and wrote longhand. After 30 minutes, students were tested on the lecture. Researchers discovered that while the laptop note-takers took more than twice the amount of notes as the longhand note-takers, the laptop note-takers “scored significantly lower in the conceptual part of the test.” Both groups scored the same on factual recall. Read more »

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Rule 18.2: Comments on Bluebook Citation to Internet Resources

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Category: Legal Practice, Legal Research, Legal Scholarship, Legal Writing, Public
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Rule 18.2 in the Bluebook governs citation to sources and information available on the Internet. Although the rules in the Nineteenth Edition provide significantly more guidance on the subject than the general principles articulated in the Eighteenth Edition, citation to Internet sources remains a source of confusion for many legal writers. Until the editors release the Twentieth Edition and its inevitable alterations to Rule 18.2, here are a few tips and reminders about citation to Internet resources.

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Of Trump Cards and Lawyering

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Category: Criminal Law & Process, Legal Practice, Legal Profession, Pro Bono, Public, Seventh Circuit
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King of SpadesSome of the best and the worst of the legal profession can be seen through Socha v. Boughton, No. 12-1598, decided by the Seventh Circuit this past week. The substance of the case involved the court’s applying — for the first time — the doctrine of equitable tolling to excuse a late filing by a state prisoner in a habeas case. This required a conclusion that the district court had abused its discretion in concluding otherwise, including the catchy characterization that “[t]he mistake made by the district court and the state was to conceive of the equitable tolling inquiry as the search for a single trump card, rather than an evaluation of the entire hand that the petitioner was dealt” (slip op. at 19).

Yet it is the lawyering that I want especially to note. Read more »

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An Interview with Professor Jake Carpenter

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Category: Marquette Law School, Public
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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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“With Friends Like These . . .”: New Critiques of Graham and Miller

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Category: Criminal Law & Process, Legal Scholarship, Public, U.S. Supreme Court
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The U.S. Supreme Court’s decisions in Graham v. Florida (2010) and Miller v. Alabama (2012) undoubtedly constitute the most important developments in Eighth Amendment law over the past decade. Graham banned life-without -parole (LWOP) sentences for juveniles convicted of nonhomicide offenses, while Miller prohibited mandatory LWOP for all juvenile offenders, even those convicted of murder. I have a lengthy analysis of the two decisions in this recently published article.

A special issue of the New Criminal Law Review now offers a pair of interesting critiques of Graham and Miller. Interestingly, both authors seem sympathetic to the bottom-line holdings of the two decisions, but they nonetheless disagree with central aspects of the Court’s reasoning (and, to some extent, also with one another). Both focus their criticisms on the Court’s use of scientific evidence regarding the differences between adolescent and adult brain functioning.

The more radical perspective comes from Mark Fondacaro, a psychologist who has emerged as a leading critic of retributive responses to crime and advocate for scientifically informed risk-management strategies.   Read more »

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

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Category: Marquette Law School, Public, Sports & Law
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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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US Supreme Court Review: Bond v. United States

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Category: Constitutional Law, International Law & Diplomacy, Public
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US Supreme Court logo(This is another post in our series, Looking Back at the U.S. Supreme Court’s 2013 Term.)

Continuing with this blog’s coverage of the recently concluded Supreme Court term, I’ll offer a few thoughts on the decision in Bond v. United States, which addressed a challenge to a statute that Congress passed in 1998 to implement the Chemical Weapons Convention (“CWC”). Most have heard about the underlying facts: After finding out that her husband was the father of her best friend’s soon-to-be-born child, Carol Anne Bond tried to poison the friend with 10-chloro-10H-phenoxarsine and potassium dichromate. This plan didn’t work, but the authorities found out about it and prosecuted Ms. Bond under 18 U.S.C. § 229(a) for possession and use of a “chemical weapon.” Bond then entered a conditional guilty plea that preserved her right to appeal and, after a lot of other litigation, made two arguments before the Supreme Court. First, she contended that Section 229(a) doesn’t apply because she didn’t use 10-chloro-10H-phenoxarsine and potassium dichromate as “chemical weapons” within the meaning of the statute. Second, she argued that the statute is invalid even if it applies because it exceeds the enumerated powers of Congress and intrudes upon powers that the Tenth Amendment reserves for the states. Read more »

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Two-Thirds of Wisconsinites Support More Flexibility for Prisoner Releases

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Category: Criminal Law & Process, Public, Wisconsin Criminal Law & Process
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In 1998, Wisconsin adopted what may have been the nation’s most rigid truth-in-sentencing law, eliminating parole across the board and declining to put into place any alternative system of back-end release flexibility, such as credits for good behavior in prison.  Subsequent reforms to this system have been either short-lived or very modest in scope.  However, new results from the Marquette Law School Poll confirm and strengthen findings from other recent surveys that Wisconsin residents would actually welcome a more flexible system.

As I noted in an earlier post, the Law School Poll has asked Wisconsinites their views about criminal-justice policies in each of the past three summers.  Although the Poll has revealed significant support for truth in sentencing, it has also revealed comparable or even greater support for enhanced flexibility.

In 2012, Poll results included the following:  

  • 85% of respondents agreed that “criminals who have genuinely turned their lives around deserve a second chance.”
  • 67% agreed that “Wisconsin should recognize prisoners’ rehabilitative accomplishments by awarding credits toward early release.”
  • 55% agreed that “once a prisoner has served at least half of his term, he should be released from prison and given a less costly form of punishment if he can demonstrate that he is no longer a threat to society.”

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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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Marquette University Law School and World War II

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B-17_Flying_FortressAs I have described elsewhere on this blog, Marquette Law School Dean Francis X. Swietlik played a prominent role in public affairs during the Second World War, primarily because of his leadership role in the American Polish Community. As the leader of the “Chicago Poles,” as Midwesterners of Polish descent were known, Swietlik advised President Franklin Roosevelt on Polish issues and was a national spokesman for the cause of his ancestral country — Swietlik had been born in Milwaukee in 1899 — which had been dismembered in 1939 by Nazi Germany and the Soviet Union.

However, the war was hardly kind to the law school, as its enrollment quickly shriveled as potential law students found themselves in military uniforms. Read more »

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Wisconsinites Give Criminal-Justice System Low Marks, Especially for Offender Rehabilitation

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Category: Criminal Law & Process, Marquette Law School, Public, Race & Law, Wisconsin Criminal Law & Process
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We expect a lot from our criminal-justice system, and we don’t seem very impressed with the results we are getting.  These are two of the notable lessons that emerge from the most recent Marquette Law School Poll of Wisconsin residents, the results of which were released earlier today.

In one part of the survey, respondents were asked to assess the importance of five competing priorities for the criminal-justice system.  As to each of the five, a majority indicated that the priority was either “very important” or “absolutely essential.”  The five priorities were:

  • Making Wisconsin a safer place to live (91.6% said either very important or absolutely essential)
  • Ensuring that people who commit crimes receive the punishment they deserve (88.1%)
  • Keeping crime victims informed about their cases and helping them to understand how the system works (81.0%)
  • Rehabilitating offenders and helping them to become contributing members of society (74.1%)
  • Reducing the amount of money we spend on imprisoning criminals (51.2%)

Read more »

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