Broad Support for Regional Economic Cooperation Found in New Law School Poll

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A substantial majority of people in the Chicago “megacity” – the region stretching from the Milwaukee area, across metropolitan Chicago, and into northwest Indiana – want to see their political leaders make a priority of action that benefits the region as a whole, and not just actions focused on the needs of their own area.

But what does that mean when you get into details? How does that translate into reality?

That main finding of broad support for regional cooperation and those two questions shaped a groundbreaking conference at Marquette Law School on Tuesday. “Public Attitudes in the Chicago Megacity: Who are we and what are the possibilities?” focused on the results of what is believed to be the first extensive poll of residents of the sections of Wisconsin, Illinois, and Indiana that are part of the “megacity.”  The conference was sponsored by the Law School and the Milwaukee Journal Sentinel.

Describing the broad conclusions, Charles Franklin, director of the Marquette Law School Poll and the Law School’s professor of law and public policy, said, “What we see is a substantial majority, over 70% in Illinois and Indiana, and 61% in Wisconsin, who say they would rather see cooperation among the governors and the elected officials,” than for political leaders to focus only on their own states’ concerns. Read more »

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Julia Taylor on Megacity Cooperation: In Need of “the Big Opportunity”

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Megacity CoverJulia Taylor, president of the Greater Milwaukee Committee, is a leader of the effort to improve our economy through regional cooperation. One way to accomplish this is to understand we live in the Chicago Megacity, which is defined as the 21-county region stretching from the Milwaukee area down through Chicago into northwest Indiana.  In 2012 at a conference titled, “Milwaukee’s Future in the Chicago Megacity” at Marquette Law School, she was on a panel of business leaders.

Ahead of the July 28 conference, “Public Attitudes in the Chicago Megacity: Who are we, and what are the possibilities?” once again sponsored by the Marquette Law School and the Milwaukee Journal Sentinel, Taylor talked about what has been accomplished in the last three years and opportunities for regional cooperation in the future.

Taylor has been president of the GMC since 2002. She is on the boards of the Milwaukee Water Council, the Governor’s Council of Workforce Investment, and VISIT Milwaukee.

She talked with former Journal Sentinel editor Marty Kaiser earlier this month.

Q. In 2012 the Organization for Economic Cooperation and Development, a global economic think tank based in Paris, issued a 332-page report that advocated closer ties within the Chicago-Milwaukee economy, and declared that the region “is at a tipping point.” The report was not optimistic about the future of the region, but said that if leaders worked together, the region could become more competitive in the global economy.  Have you seen signs that the area has begun to work together in the last three years? Read more »

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Richard Longworth on Megacity Cooperation: “I Wish I Could Be More Optimistic”

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People in the Chicago Megacity, defined as the 21-county region stretching from the Milwaukee area down through Chicago into Northwest Indiana, need to work together with great urgency so the region can compete in the global economy.  That was the opinion of Richard C. Longworth at the 2012 “Milwaukee’s Future in the Chicago Megacity” conference and in an essay he wrote for the Milwaukee Journal Sentinel before the conference.

Three years later, ahead of the July 28 “Public Attitudes in the Chicago Megacity: Who are we, and what are the possibilities?” conference, once again sponsored by the Marquette Law School and Milwaukee Journal Sentinel, Longworth is still just as concerned about the future of our region.  One of the world’s foremost experts on global cities, he follows the issue closely from Chicago despite having recently retired from the Chicago Council on Global Affairs where in 2012 he was a Senior Fellow on Global Cities. Before joining the council, he was a long-time reporter and foreign correspondent for the Chicago Tribune and United Press International. He is the author of three books on globalization, including “Caught in the Middle,” on the impact of globalization on the American Midwest, and of the new eBook, “On Global Cities.”

He talked with former Journal Sentinel editor Marty Kaiser earlier this month.

Q. In 2012 the Organization for Economic Cooperation and Development, a global economic think tank based in Paris, issued a 332-page report that advocated closer ties within the Chicago-Milwaukee economy, and declared the region “is at a tipping point.” The report was not optimistic about the future of the region, but said that if the region worked together it could become more competitive in the global economy.  You supported this view when you wrote about the issue and spoke at the “Milwaukee’s Future in the Chicago Megacity” conference at the Marquette Law School in 2012. Is your concern as strong as it was three years ago?

A. Yes. It definitely is. The need is still there. Nothing has changed since then to indicate that the region, as fragmented as it is, can prosper in a global economy unless it does work together and leverage its many strengths. The region is defined by the OECD as Milwaukee down through Chicago and northern Indiana.  Frankly, I would have taken it around Lake Michigan up to Grand Rapids.  I think it is very necessary for this region to work together because, as one cohesive economic region, it shares one huge natural resource, which is water, and a great deal of history.  It is based on the City of Chicago and expands out from there.   None of these areas exist separate from Chicago, so we are all interconnected anyway. But we don’t work together as a region.  We have this opportunity and we have the assets and we don’t make use of them. Read more »

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After Forty Years, Axelrod Still Sees the Good Side of Politics

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David Axelrod’s new book is titled “Believer: My Forty Years in Politics.” If he had had his way, the title would have been “Believer: How My Idealism Survived Forty Years in Politics,” he told a packed Appellate Courtroom in Eckstein Hall during an “On the Issues with Mike Gousha” program Tuesday.

That option was too wordy in the eyes of the publisher, said Axelrod, the chief strategist for President Barack Obama’s successful runs for president in 2008 and 2012.

But in his visit to Marquette Law School, Axelrod emphasized his belief that good things can be accomplished through politics, an emphasis underscored by his current work as director of the University of Chicago Institute of Politics, where one of his goals is to encourage young adults to get involved.

“We have the ability to shape our future, and the way we do it is through politics,” Axelrod told Gousha, the Law School’s distinguished fellow in law and public policy. “Politics at its best can make a great deal of difference,” he said. “It’s our opportunity to seize the wheel of history and, ever so gently because it’s hard to turn that wheel, turn it in the right direction.” Read more »

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Sampling the Strong Stew of Thoughts at Eckstein Hall Education Conference

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

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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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“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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ACLU Attorney Says Tighter Voting Rules “Not Healthy” for Democracy

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There was a sea change in the approach to election issues across America in the late 2000s, as Dale Ho sees it. He isn’t sure what the cause was, but he is sure it wasn’t a good development. Ho is director of the American Civil Liberties Union Voting Rights Project, which makes him one of the leaders of legal opposition nationwide to tightening the rules on who can vote.

Ho told an “On the Issues with Mike Gousha” session at Eckstein Hall on Wednesday that voting rights issues had largely drawn bipartisan support for decades.

“We had thought we had largely achieved a consensus in this country around universal suffrage, basic access for everyone (to voting),” Ho said. “Most of the debates about voting rights since the early 1970s were about redistricting – are the lines being drawn fairly for every community, are they being gerrymandered for partisan reasons, things like that. The trend remained toward greater liberalization in terms of ballot access. We didn’t see a lot of fights about registration and ballot access. .  . .

“In the late 2000s, something changed.” Read more »

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Mapping Out the Copyright Semicommons

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Plan of a Mediaeval ManorMy previous two posts on the upcoming Nies Lecture (Thursday, April 16, at 4:30pm — it’s not too late to register!) attempted to sketch out where I think Prof. Smith is headed, based on the abstract and his previous work. In this post I want to reflect for a moment on the implications of viewing copyrights as a type of semicommons.

Copyright was born, in the eighteenth century, with a focus on who had the right to print, publish, and reprint works of authorship. That is, the concern was to exclusively reserve the manufacture of complete works — books, maps, and nautical charts — to the person who created them, or any downstream purchaser of those rights. Although the copyrighted work is intangible — it is the particular creative expression that is embodied within a book, map, or chart — for the first century or so of its existence that expression as a practical matter had a one-to-one correlation with physical objects. In that realm, it is easy to conceive of the property rights assigned by copyright, and the open access rights to the public domain, as dividing lines dividing up an imaginary space — this tract over here is the book Moll Flanders, which is owned by X; that tract over there is public domain, and thus can be used by anyone.

Over the course of the nineteenth century and into the early twentieth, that early, simple framework broke down as courts embraced the notion that the intangible object protected by copyright could be infringed in ways other than reprinting physical copies of the original. Read more »

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The 2015 Nies Lecture: IP as Semicommons

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cows-on-meadow-1410432-mThe title of the 2015 Nies Lecture, being given by Harvard Law Prof. Henry Smith on Thursday, April 16th, at 4:30pm (register here), is “Semicommons in Fluid Resources.” What’s a “semicommons,” and what does it have to do with intellectual property? (I should note that I haven’t talked to Prof. Smith about his lecture; Tuesday’s post and today’s are based just on the abstract read in light of Prof. Smith’s previous scholarship.)

Before I go further, let me recap Tuesday’s post. Prof. Smith has, in a series of articles, laid out a theory of property law that takes into account the informational costs of assigning property rights in various ways. Some ways of describing who has a certain right, and monitoring whether that right is being respected, are very concise: “Kerry owns that red ball.” “Hey, that’s not your ball, it’s mine!” I called these object-based rules, but Prof. Smith calls them “exclusivity rules.” The idea is the same: saying Kerry has the exclusive right to use the red ball for any purpose is a short and easily comprehended way of assigning all uses of that particular object to Kerry. It’s easy to identify who Kerry is, what the object is, and what Kerry (or anyone else) can do with it.

But that’s not the only way to assign rights to objects. Instead of giving all uses of a particular object to one person in an undivided lump, we could instead specify various uses of the object under various conditions, and say that different people can engage in those uses. In other words, we could manage access to the ball. Read more »

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NEWaukee and How to Create the Most Awesome City on the Planet

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Angela Damiani has a clear goal: “To make this the most awesome city on the planet.”

Note that we didn’t say “an easy goal,” we said “a clear goal.” But don’t tell Damiani that it can’t be pursued and there can’t be progress in getting there. In the six years since it began, NEWaukee, the organization she leads as president, has become a fast-growing  energizer and catalyst for community-building activities, particularly among young professionals.

At an “On the Issues with Mike Gousha” program at Eckstein Hall on Wednesday, Damiani said the jargon term for NEWaukee is that it is a social architecture firm. What does that mean? In short, NEWaukee is an organization aimed at consciously designing ways to shift a population toward a goal – and that goal is to make Milwaukee a place people think is attractive and appealing.  Which is where the ”awesome city” ambition comes in. Read more »

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The 2015 Nies Lecture: What Is “Intellectual Property,” Exactly, and How Does It Relate to Water Law?

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Fall StreamI’m very excited about this year’s Nies Lecture, which will be delivered by Prof. Henry Smith of Harvard Law School in just a little more than a week — Thursday, April 16th, at 4:30pm. (Register now to attend!) The title is “Semicommons in Fluid Resources,” but that only hints at the depth of the waters, so to speak, that Prof. Smith is likely to explore. As I understand it, the topic is nothing less than the nature of property itself, and how some forms of it — rights to water, and intellectual property — occupy a “middle ground” between communal governance and individual ownership. That has important ramifications for copyright law in particular, in which the dividing line between common goals and individual incentives lies at the heart of numerous doctrines.

The issue is this: suppose you have some sort of resource that multiple people want to use. Say it’s a particular piece of land. As Smith has written previously, there are two basic ways of specifying rules for what people can do with that resource: you could draw lines around objects, or you could draw lines around uses. That is, you could identify a particular object, such as a plot of land, and say that one person has the right to decide all permitted uses of it. (Or that everyone has the right to decide what they will do with it, turning it into a commons, or no one does, turning it into a forbidden zone.) Alternatively, you could draw lines around uses, not objects, and say that person X has the right to engage in activity A using the piece of land in question, and spell out rules governing each person or set of persons and telling them what uses they can make of the land and which they can’t, and under what conditions.

As Smith has argued, these different methods are best viewed as lying on a spectrum. Read more »

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