Insights on Judiciary and Tech Industry Highlight New Marquette Lawyer Magazine

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Category: Criminal Law & Process, Environmental Law, Federal Law & Legal System, Marquette Law School, Public, Speakers at Marquette, U.S. Supreme Court, Wisconsin Criminal Law & Process
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Marquette Lawyer Summer 2017 CoverTwo pairs may not be the most powerful hand in poker, but they are definitely a winning combination for the Summer 2017 edition of Marquette Lawyer, the Marquette Law School magazine.

One pair in the magazine focuses on how long U.S. Supreme Court Justices should serve and, more broadly, how to assure confidence in the judiciary. Judge Albert Diaz of the U.S. Court of Appeals for the Fourth Circuit focused on this in the E. Harold Hallows Lecture he delivered at Marquette Law School in 2016. The magazine offers a lightly edited text of the lecture by Diaz, including his advocacy of ideas he presumes that few of his fellow judges would support. Paired with the text is a comment from Diaz’s colleague on the Fourth Circuit, Judge James Wynn, L’79. An interview and profile of Wynn accompany his comment. The Diaz text may be read by clicking here and the Wynn comment (and interview) here.

The other pair in the magazine offers provocative insights from two people who play leading roles in the tech world. Brad Smith, president and chief legal officer of Microsoft, made two appearances at Marquette Law School on November 15, 2016, delivering the Helen Wilson Nies Lecture on Intellectual Property and participating in an “On the Issues with Mike Gousha” program. A selection of his thoughts may be found by clicking here.

Ted Ullyot is currently a partner at Andreessen Horowitz, a leading venture capital firm in Silicon Valley, and he was formerly general counsel for Facebook—indeed, the lawyer who led the company in the process of going public. An edited version of Ullyot’s remarks at the Law School in a Helen Wilson Nies Lecture in April 2016 may be found by clicking hereRead more »

Children’s Hospital Chief Says Her “North Star” Is Good Health for All Kids

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Category: Health Care, Milwaukee, Public, Speakers at Marquette
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When Peggy Troy returned to the Milwaukee area about eight years ago to become president and CEO of Children’s Hospital of Wisconsin, she was struck by the disparities in children’s health she found. She had been a hospital executive in Memphis and expected that things were better overall in Milwaukee. But when it came to medical issues affecting thousands of children in high-poverty neighborhoods, that wasn’t really the case. The disparities in Milwaukee’s central city were some of the worst in the nation.

Since then, Troy has been a central figure in accelerating the efforts by Children’s and many community partners to improve the overall health of children in Milwaukee and throughout Wisconsin. While the national reputation of Children’s for its medical work has continued to rise, the mission statement for the institution goes beyond delivering care for patients. It is to make Wisconsin’s children the healthiest in the nation.

That broader mission was Troy’s focus during an “On the Issues with Mike Gousha” program at Marquette Law School on Thursday.   Read more »

State School Superintendent Candidates Differ Sharply in Law School Debate

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Category: Education & Law, Milwaukee Public Schools, Public, Speakers at Marquette
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There are many clear divisions between the two candidates for Wisconsin superintendent of public instruction when it comes to how each would do the job over the next four years – and a good selection of those differences were visible Tuesday when the two debated at Marquette Law School.

Two-term incumbent Tony Evers and challenger Lowell Holtz, former superintendent of Beloit and Whitnall, will face off in the statewide election on April 4.

The Law School session, a week before election day, brought some heat – the two had sharp words, particularly over an exchange between candidates Lowell Holtz and John Humphries, a third candidate who lost in a February primary. In December, Humphries and Holtz met at a restaurant.  It remains murky who said what, but notes from that conversation say they talked about one of them working for the other, should the other win. The “loser” would get a high paying job that would include broad power of several of the state’s largest school districts.  In Tuesday’s debate, Evers said the exchange brought Holtz’s integrity into question. Holtz said Evers’ version was false, but did not clarify what went on between Humphries and him.

But there was light as well as heat at Tuesday’s one-hour debate. The race has been regarded by some as a referendum on the use of publicly-funded vouchers to allow students to attend private schools, including religious schools. Indeed, they do differ sharply on this, with Evers generally a critic of vouchers and Holtz a supporter.

But they differ on much more. Read more »

Human Rights Expert Says Surviving the Holocaust Motivated His Career

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Category: International Law & Diplomacy, Public, Speakers at Marquette
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The last question at the “On the Issues with Mike Gousha” program at Marquette Law School on Thursday with Judge Thomas Buergenthal went to a retired Milwaukee school teacher who painted a gloomy picture of the state of the world.

“Humanity is having a real problem,” she said. “These are horrible times right now.”

Buergenthal answered in a positive fashion: “You’re too pessimistic,” he said. “Things are happening. They’re not happening as fast as you and I would like it to happen. There are some bad things happening too. But overall, we are moving slowly, too slowly.” He mentioned efforts by the United Nations and regional human rights organizations around the world that he thought were having positive impact.

“We do more harm to these developments if we think they’re not working.” He said. “So the trick is to stay with it.“

Buergenthal has stayed with it for decades. He is an authority on international and human rights law and one of the youngest Holocaust survivors. He is an emeritus professor of law at George Washington Law School and a former judge of the International Court of Justice at the Hague – among many distinctions and accomplishments. And he is author or co-author of numerous books, including a memoir, A Lucky Child, about surviving Auschwitz as a child. In his early 80s, he is, in fact, one of the youngest survivors of the notorious Nazi concentration camp. Read more »

Roggensack Calls for Defending Legitimacy of Courts from “Tough Talk” of Critics

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Category: Judges & Judicial Process, Public, Speakers at Marquette, Wisconsin Law & Legal System
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Wisconsin Supreme Court Chief Justice Patience Roggensack wanted to use her Hallows Lecture at Marquette Law School on March 7 “to start what I hope will be a public conversation about a rising challenge to the institutional legitimacy of our courts, both state and federal.”

Roggensack launched the conversation with strong words for those she thinks are harming the standing of courts as a whole. She named names and spoke forcefully about the impact of those inside and outside the legal system who have disparaged some judges and justices in personal terms or who have said the Wisconsin Supreme Court and other courts make decisions based on political allegiances. She criticized what she called their “tough talk.”

“Most tough talk comes from those who have no conscious intent to harm the institutional legitimacy of courts, but have not considered the unintended consequences that may follow from their fully protected speech,” Roggensack said. Read more »

Amid Continuing Concerns, MPS Chief Highlights Progress in School Initiatives

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“I’m very impatient and I want everything changed overnight. But it doesn’t happen that way.”

How does it happen? I Supt takes time. It takes the involvement of pretty much everyone in the community. It takes a willingness to make changes, but then stick with them so that they can take root and grow.

Those were among the broad and important lessons Darienne Driver, the superintendent of Milwaukee Public Schools, offered at an “On the Issues with Mike Gousha” program at Marquette Law School on Wednesday. Driver was enthusiastic about progress being made within MPS and about the prospects for success growing. But she was also realistic about MPS’s problems, and about how it will take time before the impact of current initiatives can be judged. Read more »

Author Bemoans “Worship of Ignorance” and Urges New Vitality in US Civic Life

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Category: Political Processes & Rhetoric, Public, Speakers at Marquette
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Tom Nichols thinks we’re in a pretty big mess in America. We’re narcissistic in a big way, we are ”obsessed with worship of ignorance,” we’re thin-skinned, we’re unwilling to have serious conversations on serious issues, we wear the fact that we don’t know much as a badge of honor, and we’re deeply divided.

His deep concerns didn’t arise from the 2016 political tumult and the rise of Donald Trump to the presidency. Nichols has been studying and writing about his concerns for several years.

The result is his new book, The Death of Expertise: The Campaign against Established Knowledge and Why it Matters. And the book led to an “On the Issues with Mike Gousha” program Tuesday at Marquette Law School. Read more »

Kleefisch and Nygren Describe “An American Epidemic” in Law School Program

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Wisconsin Lt. Gov. Rebecca Kleefisch asked the audience in Eckstein Hall’s Appellate Courtroom a question: How many of you have been given a prescription for opioid pain medication in the last several years?

A large number of hands – perhaps a majority – went up.

Among these people, the drugs had been provided legally. But the large response illustrated one of Kleefisch’s main points at an “On the Issues with Mike Gousha” program on Thursday:

Powerful drugs are all over our communities. And, in a shocking number of cases, they are ending up being used for illegal purposes, they are triggering or feeding dangerous addictions, and they are leading the way for people to become involved in illegal drugs such as heroin.

Kleefisch and State Rep. John Nygren (R-Marinette) are co-chairs of Gov. Scott Walker’s Task Force on Opioid Abuse, created last fall. Nygren is co-chair of the legislature’s powerful Joint Committee on Finance, but also has a daughter who has struggled with heroin addiction. Read more »

Abele Offers Big Ideas in Law School Session — Like Making Milwaukee the State Capital

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Category: Milwaukee, Political Processes & Rhetoric, Public, Speakers at Marquette
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Chris Abele likes to think big. How big? Try this on:

“Move the capital.”

What? Move the state capital from Madison to Milwaukee? The idea was greeted with laughter when Abele, the Milwaukee County executive, floated it during an “On the Issues with Mike Gousha” program at Marquette Law School on Wednesday.

It’s hard to picture the odds of that coming to pass as anything other than flat zero. But Abele was serious – sort of. He knew it was not going to happen, but, he said, “you can’t talk me out of thinking about it.” There is “plenty of research” that shows the advantages in terms of economic impact and government efficiency of the state capital and the state’s largest population center being the same. Think of Boston, Denver, and Minnesota’s Twin Cities.  Read more »

On the Issues: “Politically Homeless” Activist Calls for Change in the System

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Katherine Gehl says, “I like to say I’m politically homeless.” It was clear at an “On the Issues with Mike Gousha” program at Marquette Law School on Wednesday that she does not use that label because she is not involved. In fact, the opposite is true: She is deeply involved.

Her sense of “homelessness” comes from her frustration with what she calls “the political-industry complex.” The two major parties, Congress, the executive branch, Washington lobbyists, and the national media are all thriving, but they are not producing solutions to the nation’s problems, Gehl said. And while Washington thrives, problems go unsolved and people grow increasingly dissatisfied. She said the system and particularly the two major political parties do not have the incentives businesses have to respond constructively to competition. “Two parties equals zero results,” she said.

Gehl (pronounced Gayle) is a former Democrat who describes herself now as “a proud independent, a centrist, a pro-problem-solving, non-ideological citizen who wants to see government deliver on its promise to the citizens.” She adds, “That is not an ideology that fits with either of the parties.” Read more »

Mission Week Speakers Urge More Knowledge and Action on Racial Inequality

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It’s time for new talk – and a new commitment to change – about race in America. It’s time for a new version of The Talk in America.

Those were key themes during an “On the Issues with Mike Gousha” program at Marquette Law School on Tuesday that was part of Marquette University’s Mission Week for this school year. A capacity audience in the Appellate Courtroom heard thoughts from three nationally known figures in social and racial justice causes during the program, which was titled “Racial Justice: Black, White, and the Call of the Church.”

The Talk? That’s the term used often for the conversation many African American parents have with their children about how to behave out in the community so that they don’t get in trouble – or worse – with police officers. Read more »

Dick Enberg Offers Insights into the Incredible Al McGuire

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Here’s a detail about Al McGuire you likely don’t know: Among his many habits, he liked to lie on the floor. Often, when he was in a hotel room, he would sleep through the night on the hard tile floor of a bathroom.

Here’s another one that carries more weight in showing what made McGuire such an amazing person: When he would drive from his home in Brookfield to Marquette University, there was a place where the route called for him to turn left and head for downtown. Once a month or so, he would turn right instead, with no destination in mind, determined to spend a hunk of time wherever he ended up, just exploring and immersing himself in real life.

That latter habit gave rise to one of the things McGuire would say to people: Take that right hand turn sometimes. Do things differently sometimes. Do the unexpected.  Experience life to the fullest.

These were among anecdotes and insights into the legendary Marquette basketball coach offered Tuesday by one of the nation’s best known sports broadcasters, Dick Enberg, during an “On the Issues with Mike Gousha” program at Marquette Law School.

McGuire coached the Marquette team from 1964 to 1977, ending his career with Marquette winning the NCAA championship. For almost 20 years after that, he was an analyst on national telecasts of basketball games, paired with Enberg as the play by play announcer. The two became close friends.

After McGuire’s death in 2001, Enberg wrote a one-man play about McGuire. It is returning to the stage in Milwaukee, with a run at the Milwaukee Repertory Theater’s Stackner Cabaret from Jan. 20 to March 19. The revival of the play brought Enberg, who recently retired after a six-decade career that included broadcasting just about every major sports event, to Milwaukee and to Marquette, which he called “my adopted university.”

Enberg said McGuire was “the most incredible character in my 60 years (as a broadcaster) that I’ve ever met.” He added, “There’s no one in second place. He was by far.”

McGuire, Enberg said, was incredibly complex. “He didn’t mind being controversial,” Enberg said. “He was distrustful, paranoid even sometimes . . . . He didn’t want too many people to get in his electrical field.” It took a while, but McGuire let Enberg inside his life.

McGuire was “a street genius that saw life so differently than all the rest of us,” Enberg said. He said that McGuire would see things happening on the street and offer deeply insightful explanations of what was going on that Enberg had missed.

Enberg said no one could coach a basketball game better than McGuire. He could work the players, the referees, and the crowd like no one else.

“I really do think about him every day,” Enberg said.

In the course of the hour-long program, Enberg also offered observations about his own career. Among them:

Baseball is the best game for an announcer. Enberg, who was the long-time voice of the San Diego Padres, said that if you can announce baseball well, you can announce anything.

The Wimbledon tennis tournament was his favorite sports event overall – and he saw just about every major event there was. He said he fell in love with Wimbledon, from the grass courts to having the best men and women tennis players in the world competing for two weeks to the drama of center court.

His favorite sports figure? There are so many good answers, Enberg said. He said John Wooden, the legendary basketball coach at UCLA, was “the greatest man I ever met,” except for Enberg’s own father. Baseball great Ted Williams was a huge childhood hero for Enberg and he got to know Williams in later years. A chance to have breakfast with Williams and chat casually, “how good is that?” Enberg asked. And golfer Arnold Palmer, “you felt you were in with royalty every time you were around him.”

As for one of his broadcast trademarks – the use of the phrase, “Oh, my” – Enberg gave examples of how many different ways it can be used, including at moments that are thrilling, dismaying, surprising, and tense. He said he used the phrase because it fit so many situations and because “the holies” (as in holy cow, holy Toledo, and holy mackerel) were already taken by other announcers.

Video of the program may be watched by clicking here.