April 13, 2016

Silicon Valley’s Challenge to Intellectual Property Law

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Category: Intellectual Property Law, Public, Speakers at Marquette
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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 »

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April 11, 2016

NAAC Team Competes in Nationals

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Category: Marquette Law School, Public
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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.

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April 8, 2016

Congratulations to the 2016 Jenkins Honors Moot Court Competition Finalists

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Category: Legal Education, Legal Practice, Legal Writing, Marquette Law School, Public
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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.

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April 6, 2016

Marquette Teams Excel in Negotiation Competition

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Category: Marquette Law School, Negotiation, Public
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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!

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April 4, 2016

Congratulations to the 2016 Jenkins Honors Moot Court Semifinalists

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Category: Legal Writing, Marquette Law School, Public
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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.

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March 30, 2016

At a Time of High-Charged Events, New Law School Poll Sheds Even-Handed Light

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Category: Marquette Law School Poll, Political Processes & Rhetoric, Public
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There are ways in which the volatility of the current political scene seeped into the release Wednesday of the latest round of Marquette Law School Poll results. But there are more ways it didn’t.

An extraordinary time in American politics has brought an extraordinary week in Wisconsin politics, with the state’s presidential primary on April 5 standing as the next major event on the political calendar. All five of the remaining major candidates for president have spent at least two days in the state this week, with several developments of national significance occurring on our home turf.

The passions of thousands attending events with Republican candidate Donald Trump and Democratic candidate Bernie Sanders, the political drama of the battle (including insults) between Trump and Ted Cruz, the search by Hillary Clinton for ways to build more fire behind her support in Wisconsin, a three-hour “town hall meeting” with Trump, Cruz, and John Kasich, telecast by CNN from Milwaukee’s Riverside Theater – this is just aa partial list of events in Wisconsin this week.

So stakes are high as Wisconsin returns to being a battleground in the presidential race. High stakes bring high tension and high levels of partisanship.

And then there was a release of the poll at Eckstein Hall, with Professor Charles Franklin, director of the Marquette Law School Poll, and Mike Gousha, distinguished fellow in law and public policy at the Law School, leading a tour of the new results. Calm. Level-headed. Insightful. Strictly non-partisan. Much the same as several dozen poll-release events since the Marquette Law School Poll started in 2012.   Read more »

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Finally, a Little Good News for Governor Walker

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Category: Marquette Law School Poll, Political Processes & Rhetoric, Public
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We’ll leave it to others to analyze the results of the latest Marquette Law School Poll and what they tell us about the April 5 presidential primary.  Instead, let’s focus for a few moments on the other favorite political pastime in Wisconsin: Debating the fortunes of Governor Scott Walker.

His job approval rating remains well under water. But is it possible that the governor could be smiling, even just a little, after today’s release of the Law School survey?

At first glance, it’s yet another poll where Walker fares poorly.  Fifty-three percent of registered Wisconsin voters disapprove of Walker’s job performance.   Only 43 percent approve.  But the numbers are finally showing signs of improvement for Walker.  He hit a low of 37 percent job approval last fall, shortly after his presidential campaign flamed out.  Since then, his job approval number has hovered around 38 or 39 percent in Law School polling.  But the new survey shows Walker back in the low 40’s.   Nothing to shout about, but progress in what most observers see as a long, hard slog back to more solid political ground. Read more »

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March 23, 2016

Baseball Diplomacy

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Category: International Law & Diplomacy, Public, Sports & Law
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It has been great fun to watch President Obama in Cuba (and to get to say things like–hey, I was there!) over the last two days.  The one thing we did not get to do on our trip was attend a baseball game since we were rained out twice.  Sigh.  But we did talk about the potential impact of baseball exchanges on the economy and there is no question that both Cuban baseball and obama-cuba-baseball-300x229Major League Baseball will have much to discuss as the thaw continues.  Funnily, I was interviewed on Monday by a Swiss journalist–newspaper article here–about the impact of baseball based on my 2001 article called Baseball Diplomacy examining the controversy back then over the Baltimore Orioles playing a game in Cuba in 1999.  In what now seems like ancient history, I wrote about the Elian Gonzales affair, the Helms-Burton act, and, more pertinently to baseball, the economics of playing baseball in Cuba.  I also discussed how Cuban players are treated when they arrive in the U.S. depending on whether they come directly or via a third country.  I imagine that all of these rules will be updated and changing in the next few years.  And it will be fascinating to watch.  Here’s looking forward to more baseball in both directions!

 

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March 21, 2016

My Negotiating Top Ten

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handshakeMy list is constantly evolving; however, these ten tips form the foundation of my negotiating strategy and approach.

10. Research. When a new deal comes my way, I do research on who is on the other side of the negotiations. If you are able to find some common ground or interests, you can use some piece of information to start the negotiations in a non-adversarial manner. Knowing something about an alma mater, a law firm, or another part of their business can strike up an interesting aside before the heavy lifting starts.

9. What is your leverage? Look at the negotiation from the other side. It is great when one party can say, “take it or leave it” and really mean it; however, in my experience that is often a rarity. Strength in negotiation comes from knowing what may cause the other side to move on a position. Use that knowledge to best advance your position without being unnecessarily aggressive.
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March 16, 2016

A Rejuvenated Navigational Servitude?

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Category: Environmental Law, Public, Water Law
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As a general rule, within its borders each individual state holds title to the beds of water bodies that were navigable at the time of its statehood, and has jurisdiction to regulate activity upon those waters.[1]  State authority over navigable waters is not absolute, however; in a previous post, for example, I discussed the limits imposed by the public trust doctrine.  The “navigational servitude” is another important constraint on state power.  It flows from the Commerce Clause and asserts “the paramount power of the United States to control [navigable] waters for purposes of navigation in interstate and foreign commerce.”[2]  This power justifies, for example, the acquisition and holding of private lands “to deepen the water . . . or to use them for any structure which the interest of navigation, in [the government’s] judgment, may require.”[3]  When validly exercised, the navigational servitude excuses the federal government even from the Fifth Amendment’s Takings Clause, because “the damage sustained does not result from taking property from riparian owners within the meaning of the Fifth Amendment but from the lawful exercise of a power to which the interests of riparian owners have always been subject.”[4]  Today, however, the navigational servitude has largely retreated into obscurity.  It is often viewed as a relic from a bygone era when rivers were the nation’s primary mode of commerce and long-distance travel.

AirshipThe advent of emerging technologies that will make water travel more attractive may catapult the navigational servitude to renewed prominence.  In the not-too-distant future, transformational technologies like hovercraft and airships may become common modes of commercial and public travel over navigable waters.  Integrating the resulting water-based activity into our legal and social systems would require involvement at all levels of governance, including the courts.  In fact, a fascinating example of a related dispute has already reached the United States Supreme Court. Read more »

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March 15, 2016

Differences Between Supreme Court Candidates Clear in Eckstein Hall Debate

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Category: Public, Speakers at Marquette, Wisconsin Supreme Court
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Antonin Scalia and Ruth Bader Ginsburg were among the US Supreme Court justices who were invoked Tuesday night as role models by the candidates in the race for a seat on the Wisconsin Supreme Court that will be on the ballot April 5.

But did either of them ever have to go through the kind of election campaigning that Justice Rebecca Bradley and Appeals Court Judge JoAnne Kloppenburg are immersed in now?

A one-hour debate between Kloppenburg and Bradley  at Eckstein Hall was moderated by Mike Gousha, Marquette Law School’s distinguished fellow in law and public policy and a political analyst for WISN television. The debate was shown live on WISN and other stations around the state, with some stations scheduling it for broadcast later. Read more »

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March 13, 2016

MU Team Excels at Corporate Law Moot Court Competition

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Category: Corporate Law, Marquette Law School, Public, Uncategorized
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ruby valeCongratulations to the team representing Marquette University Law School at the Ruby R. Vale Interschool Corporate Law Moot Court Competition in Delaware this past week.  Kyle Thelen, Alex Ackerman and Samuel Casson were awarded “Best Brief” at the competition and advanced to the Quarter Finals, where the judges deliberated for a full 45 minutes before declaring that our Team was edged out “by less than a razor thin margin.”  All in all, it was an outstanding performance.  Thank you to the Team, for all of their hard work, and to all of the faculty and students who helped the Team in its preparations.

Photo: Ruby R. Vale

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