August 19, 2016

Time is Running Out to Confirm Judge Garland

Posted by:
Category: Constitutional Interpretation, Constitutional Law, Judges & Judicial Process, Political Processes & Rhetoric, Public, U.S. Supreme Court
2 Comments »

Merrick_Garland_speaks_at_his_Supreme_Court_nomination_with_President_ObamaThe unprecedented, and unconstitutional, obstruction of Supreme Court nominee Judge Merrick Garland is just one of many recent missteps by Republican leaders.  For example, mainstream Republican presidential candidates strategically withheld their attacks on Donald Trump during the primary season, in the hopes that he would be an easy target to topple once the field sorted out.  This was a major blunder.  More broadly, the decision of Republican leaders in Congress to make the repeal of the Affordable Care Act the centerpiece of their legislative agenda, at a time when Republicans lacked a veto-proof majority, was an empty gesture which merely fueled anger among their Party’s base and ultimately made Trump possible. Both of these decisions were political calculations that seemed clever at the time, but which turned out to have disastrous consequences for the Republican Party.   However, the unjustified refusal to hold hearings on a highly-regarded and moderate Supreme Court nominee has the potential to dwarf every other political miscalculation that Republican leaders have made over the last eight years.

First of all, it is important to recognize that Judge Merrick Garland is a laudable nominee for the U.S. Supreme Court.  He is a former federal prosecutor, a highly respected Judge on the U.S. Court of Appeals for the District of Columbia, and someone identified by Senator Orrin Hatch and other prominent Republicans (prior to his nomination) as the type of judge who would receive bi-partisan support in Congress.  Post-nomination arguments raised about Judge Garland’s supposed lack of respect for the Second Amendment are not justified by his actual opinions and, in reality, are merely a fig leaf contrived to rationalize opposition to the nomination by Republican lawmakers.

In addition, the refusal of the Senate to take up the nomination is a clear violation of the Constitution. Read more »

Print Friendly



August 10, 2016

New Poll Shows Wider Clinton Lead, But It’s Not Over, Franklin Says

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

A member of the audience had a question Wednesday after Charles Franklin, director of the Marquette Law School Poll, and Mike Gousha, the Law School’s distinguished fellow in law and public policy, completed presenting the results of a new round of poll results.

“Isn’t it a fair statement that, between us guys, the presidential race is about over?” he asked.

Franklin responded, “I’m not there.” He added, “When we look at all of the presidential races since the ‘90s, where we have pretty good data, we actually see most of those showing some real rises and falls over time. . . .  I think it’s a bit of hubris to think that whatever we believe today is unchangeable, that no event can matter.”

That important point made, the new results, based on polling from August 4 to 7, showed movement since the last Law School Poll a month ago that left Democratic presidential candidate Hillary Clinton with a wider lead than before over Republican candidate Donald Trump. In broad terms, Clinton’s numbers improved in the period that included the Democratic national convention and Trump’s numbers changed little or slipped in the period that included the Republican convention. Read more »

Print Friendly



August 6, 2016

Summer Law Studies in Germany with MU Law

Posted by:
Category: Human Rights, International Law & Diplomacy, Legal Education, Marquette Law School, Public, Uncategorized
Leave a Comment »

DSC09137Just one week remains in the 8th Annual Summer Session in International and Comparative Law taking place in Giessen, Germany.  In the photo you can see me with some of my students in the Comparative Constitutional Law class.  It is a great group, mixing U.S. students from Marquette and the University of Wisconsin Law Schools (and one attendee from Touro Law School in New York) with students from Brazil, Italy, India, Russia and Georgia.  We had fun comparing the constitutions of our home countries and talking about the ways that the preambles of the various constitutions reflected similar yet different values.  For example, India’s Constitution is adamant that the national government is secular in nature — reflecting that countries enormous diversity of religious faiths and unfortunate history of religious strife.  Meanwhile, Russia’s Constitution is clear that the union of nations into one country is permanent unless unanimously dissolved, in a way that reminds me of Abraham Lincoln’s view of the United States.

After two weeks with me and Professor Thilo Marauhn from Justus Liebig University Law School, discussing and comparing topics related to constitutional structure, we turned the class over to Professor Heinz Klug of the University of Wisconsin and Professor Ignaz Stegmiller from Justus Liebig University Law School.  They focused on comparing civil rights and liberties under various constitutional systems.  All in all, a very thought-provoking course. Read more »

Print Friendly



July 27, 2016

Legal Issues and Pokémon Go

Posted by:
Category: Computer Law, Intellectual Property Law, Popular Culture & Law, Public, Tort Law
2 Comments »

20160727_135932Okay, I admit it. I’m playing Pokémon Go. It’s frustratingly addictive.

For those who don’t know, Pokémon Go is an app for smartphones; the app is free, but players can make in-app purchases. The idea is for each player to “catch” creatures known as Pokémon, which the player does by “throwing” what is called a Pokéball at them. Once you catch the creatures, each of which has its own special powers and abilities, you can “evolve” them into stronger, more powerful creatures and you can go to gyms to “battle” other players.

Pokémon Go uses GPS to figure out where a player is located and presents the player with that “map.” Pokéstops (where players can go to get free goodies they need to play the game) and gyms are represented on the map as actual places, usually public places like parks, sculptures, or churches. To get to a Pokéstop or to battle at a gym, a player needs to physically move herself to that location. For example, the Marquette University campus is full of Pokéstops—e.g., a few sculptures on the southeast side of campus, one of the signs for the Alumni Memorial Union. Dedicated players certainly get some exercise.

Pokémon Go is also interesting because of how it mixes your real-life location with the mythical creatures. When a creature appears, you can take its picture, as if the Pokémon is right there in your real world. (See the pictures in this post.)IMG_20160722_084109

But Pokémon Go has been at the root of a number of accidents and incidents and it raises a number of interesting legal issues.

Read more »

Print Friendly



July 19, 2016

When is it Plagiarism?

Posted by:
Category: Higher Education, Legal Education, Legal Ethics, Legal Research, Legal Writing, Marquette Law School, Political Processes & Rhetoric, Public
1 Comment »

trump obamaLast night’s Republican National Convention has thrust “plagiarism” to the forefront of the news. One of last night’s speakers was Melania Trump, the wife of presumptive Republican presidential nominee Donald J. Trump. Trump’s speech sounded to many strikingly similar to one given eight years earlier—by First Lady Michelle Obama at the Democratic National Convention in 2008.

How similar?

Incredibly so. Not just identical words, but nearly identical context and sentence structure. At one point, Trump says, “Because we want our children in this nation to know that the only limit to your achievements is the strength of your dreams and your willingness to work for them” (emphasis added). Eight years earlier, Obama had said, “Because we want our children — and all children in this nationto know that the only limit to the height of your achievements is the reach of your dreams and your willingness to work for them” (emphasis added).

That is plagiarism.

(You can see a side-by-side text comparison here and here and side-by-side video comparison here.) Read more »

Print Friendly



July 18, 2016

Strong Support for Marijuana Legalization in Law School Poll, But Results for Other Drugs Harder to Interpret

Posted by:
Category: Criminal Law & Process, Marquette Law School Poll, Milwaukee, Public, Wisconsin Criminal Law & Process
Leave a Comment »

In the Marquette Law School Poll conducted earlier this month, fifty-nine percent of registered Wisconsin voters agreed that marijuana “should be fully legalized and regulated like alcohol.” Only thirty-nine percent disagreed.

Support for legalization in Wisconsin follows the recent decisions to legalize marijuana in Colorado and Washington in 2012, and in Oregon and Alaska in 2014. Nationally, support for legalization has grown steadily since the early 1990s and finally crossed the fifty-percent threshold in 2013. (On the local level, the Public Policy Forum published a thoughtful assessment of the costs of marijuana enforcement in Milwaukee earlier this year.)

In the Law School Poll, respondents were asked which arguments for legalization they found most convincing.

Read more »

Print Friendly



July 16, 2016

An Eye-Opening Visit to Iran

Posted by:
Category: Human Rights, International Law & Diplomacy, Public, Religion & Law, Uncategorized
2 Comments »

Flag_of_Iran_svgMy work in Restorative Justice provides me with many rewarding travel experiences, and my recent trip to Iran is at the top of the list.

Professor Mohammad Farajahi, who teaches Persian law at Tarbiat Modares University in Tehran, invited me to attend a Restorative Justice (“RJ”) conference at its law school. I was one of seven keynote speakers from around the world, each asked to discuss how our respective country actively uses RJ processes within the criminal justice system. The conference also was an opportunity to discuss my current RJ projects as a panelist with Iranian and Iraqi lawyers and judges as well as to hear 40 scholars from Tehran present their research and findings on a variety of RJ initiatives. Professionally, the ability to interact with lawyers, judges, law students and the general public attending the conference was extremely fulfilling; personally, the cultural experience is unforgettable.

Most Americans do not readily think about traveling to Iran — especially women and, in my case, women who happen to be judges — given that the country’s Muslim laws generally limit females in society and specifically prohibit us from serving on the bench. As the only American invited to the conference, I felt both honored and admittedly apprehensive. While I have many Muslim friends in the U.S. and have been to other Muslim countries, I knew religious rules and overall “do’s and don’ts” would be much stricter in Iran, where I would be without the security of an American embassy since Iran and the U.S. have no formal diplomatic relations. This circumstance meant I could not get a visa directly from Iran, having to work through Pakistan. Receiving my visa only 36 hours before my flight, I worried about what awaited me culturally.

My clothing was a primary concern. From head to ankles, I needed to be covered despite being a foreigner traveling during the heat of summer. I stocked up on scarves for my head and shoulders and bought a montos, a knee-length coat that must be worn even when wearing pants. Only my feet could comfortably breathe as sandals are permitted. With 7,000 morality police patrolling the streets of Tehran to catch dress code violators and the Swiss embassy as my best option in case of trouble, I took no chances, donning my scarf and montos before getting off the plane. Read more »

Print Friendly



July 14, 2016

Public Policy and American Drinking Water

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

On September 7, 2016, amid great concern about the future of water quality and quantity, Marquette Law School will host a conference titled “Public Policy and American Drinking Water.”  The conference will take an interdisciplinary approach to exploring the legal, scientific, engineering, and Banner logo - Earth in a dropenvironmental water issues that fill today’s news and touch all of our lives.  Leading figures from a variety of disciplines will discuss topics such as lead and aging infrastructure, privatization of water systems, public perceptions of water quality issues, the (under)valuation of water, and quantity and quality concerns related to groundwater.

Attendance is complimentary and open to the public, but pre-registration – available at this link – is required.

Participants include: Read more »

Print Friendly



When in Rome (Teach Restorative Justice)

Posted by:
Category: Human Rights, Public, Religion & Law, Uncategorized
1 Comment »

Students and staff join me during my spring 2016 Rome teaching experience.

Students and staff join me during my spring 2016 Rome teaching experience.

Last spring, I again had the privilege to travel abroad to train people in Restorative Justice (“RJ”). Father Hans Zollner, S.J., director of the Pontifical Gregorian University’s Center for Child Protection in Rome, invited me to teach a segment of a diploma course addressing the Catholic sex abuse scandal. Specifically, the training involves safeguarding minors. My students included 19 religious sisters, brothers and priests representing 19 countries. It was an honor to work with such a diverse group of individuals, who are truly eager to repair the harm caused to so many innocent victims. Although I was the teacher, the students provided me with a lesson in hope and perseverance.

They had come to Gregorian University’s Center for Child Protection to learn about dealing with past sexual abuse and preventing further incidents. Originally launched in Munich in 2012, the center began educating seminarians, priests and laypeople by conducting e-learning programs and interdisciplinary research on abuse prevention.  The facility moved to Rome in 2015, spotlighting and advancing the Church’s resolve to address the issue globally. This year marked the first time the center offered an in-class experience, providing participants with a certificate after four months of training.

Such was the context of my week-long experience in Rome, when I met 19 dedicated religious from Africa, India, Belgium, Mexico and South America. I essentially had a day to expose them to RJ principles. In the morning, we watched “The Healing Circle,” an RJ documentary created at Marquette’s Law School a number of years ago that depicts how healing circles involving victims, offenders and clergy have been used effectively to talk candidly about sexual abuse and its devastating impact. Hoping that the students could imagine the value of healing circles in their own communities, I immediately saw the emotional power of the presentation, which visibly hit close to home for many in the class. With the second half of the day focused on discussing other effective RJ practices in dealing with abuse, the students had many questions and stories to share. Read more »

Print Friendly



July 13, 2016

New Poll Results: Even “Smidgens” of Change Provide Insight

Posted by:
Category: Marquette Law School Poll, Political Processes & Rhetoric, Public
1 Comment »

The word for the day was “smidgeny” when a new round of Marquette Law School Poll results were released on Wednesday.

“I think smidgen is a word I’m going to wear out today because these differences are truly smidgeny,” Charles Franklin, director of the poll and professor of law and public policy at the Law School, said as he walked the audience at Eckstein Hall and online through the results of polling done from July 7 to 10.

A lot of the numbers on the presidential race, the US Senate race in Wisconsin, and other matters did not change much in recent weeks, even as major events focused on Democratic presidential candidate Hillary Clinton and Republican presidential candidate Donald Trump occurred.

Overall, Clinton continued to lead Trump in Wisconsin among both all registered voters and those who are likely to vote. Democrat Russ Feingold continued to lead Republican Ron Johnson in the Senate race. Margins were in single digits, but Franklin said there was enough movement in answers to some questions to indicate both races are tightening.

And even if the numbers didn’t change much, the light that the poll results shine on what is happening remains strong. Franklin pointed to several important themes people should keep in mind as the campaign season unfolds in Wisconsin and nationwide. Among them: Read more »

Print Friendly



June 29, 2016

Schultz Receives Recognition from the Wisconsin Law Journal

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

Kindness, patience, and compassion—those were the key words in the description of Angela Schultz when the Wisconsin Law Journal recognized her as one of this year’s outstanding “Women in the Law” at an event attended by more than 300 people last week at the Pfister Hotel.

Schultz is Marquette Law School’s assistant dean for public service. She worked as an advocate for victims of domestic violence in Oregon and as a lawyer in Milwaukee focusing on elder and disability law before joining the Law School in 2011. She has helped hundreds of law students become involved in pro bono work and has become a leader in Milwaukee in helping thousands of people receive legal help that would otherwise have been out of their reach.

Angela SchultzIn an article in the Wisconsin Law Journal, Mary Ferwerda, director of the Milwaukee Justice Center, praised Schultz. “She’s very knowledgeable about access to justice issues and how what we do makes a difference,” Ferwerda said. “She has a lot of forward thinking in how to structure a program so that it is effective for clients and for student learning.”

“At the end of the day, we are a helping profession,” Schultz said. “We have a lot of compassionate, big-hearted people who come out of Marquette Law School who do all kinds of good things across the community.” Schultz has been a big success in helping make that happen.

A video recognizing Schultz may be viewed by clicking here.

 

Print Friendly



June 27, 2016

Trump’s Rhetoric, Proposed Policies, and the Rule of Law

Posted by:
Category: Constitutional Law, Federalism, First Amendment, Immigration Law, Judges & Judicial Process, Media & Journalism, Political Processes & Rhetoric, Public, Religion & Law
1 Comment »

www.intellectualtakeout.org_

For some, presumptive Republican nominee for president Donald J. Trump’s biggest appeal is his blustery persona and his take-no-prisoners attitude in his quest to “Make America Great Again.” For example, he started his campaign with a bold promise to build a wall on the United States border to keep out Mexican immigrants. More than that, Trump said, he would make Mexico pay for that wall. Mexican President Vincente Fox said Mexico would not and Trump just upped the ante. When Wolf Blitzer asked Trump how he would get the Mexican government to pay for a wall, Trump responded simply, “I will and the wall just got 10 feet taller, believe me.”

And, in the wake of the mass shooting at Pulse, the gay nightclub in Orlando, Trump renewed his call to profile on the basis of race/ethnic origin and religion, in order prevent future terrorist attacks. (The Pulse nightclub shooter was American-born and raised; his parents were refugees from Afghanistan, but his father became a naturalized American citizen.) Though claiming he hates the “concept” of profiling, he says other countries profile, and “it’s not the worst thing to do.” Earlier in his campaign, after the San Bernardino shooting in December 2015, he talked about increasing surveillance of Muslims and mosques and has suggested registering Muslims or mandating that they carry cards that identify them as Muslims.

Trump also doesn’t suffer fools gladly—or more precisely, he doesn’t suffer his version of “fools” gladly. When the Honorable Gonzalo P. Curiel, the federal circuit judge presiding over two class action suits against Trump University, ordered documents in the suit be unsealed—documents that are likely to shed negative light on Trump University, Trump spoke loudly and often about Judge Curiel as a “hater” and biased against Trump because, in Trump’s view, Judge Curiel is Mexican and, presumably, would not like Trump’s wall. (Judge Curiel is an American, born in Indiana.) Trump went even further, seemingly threatening the judge: “They ought to look into Judge Curiel, because what Judge Curiel is doing is a total disgrace. . . . O.K.? But we will come back in November. Wouldn’t that be wild if I am president and come back and do a civil case?”

As well, just over a week ago, Trump revoked The Washington Post’s press credentials to cover his campaign because he did not like how it wrote about some of his comments after the mass shooting at Pulse, calling the publication “phony and dishonest.” Trump seems particularly thorny about The Washington Post’s owner, Jeff Bezos, who founded Amazon. Like Judge Curiel, Bezos has been on the receiving end of what seems very much like a Trump threat. According to The New York Times, Trump said in February about Bezos, “He owns Amazon. . . . He wants political influence so Amazon will benefit from it. That’s not right. And believe me, if I become president, oh do they have problems. They’re going to have such problems.”

These examples and more have a common theme: Trump’s disdain for the rule of law, if not outright ignorance of it. Read more »

Print Friendly