February 22, 2017

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 »

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February 21, 2017

24th Annual Howard B. Eisenberg Do-Gooders’ Auction–An Interview with PILS Fellow David Conley

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Category: Legal Practice, Marquette Law School, Pro Bono, Public
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The 24th Annual Howard B. Eisenberg Do-Gooders’ Auction on behalf of the Law School’s Public Interest Law Society (PILS) was held on February 17 at the Law School.  Proceeds from the event go to support PILS Fellowships to enable Marquette law students to do public interest work in the summer.  David Conley, a current law student, shares his experience here as a PILS Fellow.

Where did you work as a PILS Fellow?

The Wisconsin State Public Defender’s Office—Juvenile Division Milwaukee County

What kind of work did you do there?

The Law Offices of the Wisconsin State Public Defender represents indigent people who face criminal charges. However, the State Public Defender’s Office actually covers a variety of different cases where people are in need of legal representation. Milwaukee County is divided into two main offices. One office, (MKE Trial) handles adult criminal cases. The other office, (MKE Juvenile) represents juvenile clients facing a variety of life obstacles. These obstacles could be: (1) a juvenile delinquency petition, (2) a CHIPS (child in need of protective services) petition, or (3) a JIPS (juvenile in need of protective services) petition. The public defenders office advocates for juveniles who are in desperate need of legal help. The juvenile office also handles TPR (termination of parental rights) cases, and mental health commitment cases. As a Public Interest Law Society Fellow, it was my responsibility to assist the staff attorneys in the successful representation of these clients.

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February 20, 2017

24th Annual Howard B. Eisenberg Do-Gooders’ Auction–An Interview with Corinne Frutiger

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Category: Legal Practice, Marquette Law School, Pro Bono, Public
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The 24th Annual Howard B. Eisenberg Do-Gooders’ Auction on behalf of the Law School’s Public Interest Law Society (PILS) was held on February 17 at the Law School.  Proceeds from the event go to support PILS Fellowships to enable Marquette law students to do public interest work in the summer.  Corinne Frutiger, a current law student, shares her experience here as a PILS Fellow.

Where did you work as a PILS Fellow?

Milwaukee Justice Center.

What kind of work did you do there?

I got to continue a lot of the pro bono work that I was already very involved with, including meeting one on one with clients in the Family Forms Clinic and side by side with volunteer attorneys in the Marquette Volunteer Legal Clinic (MVLC).  In the Family Forms Clinic I worked one on one with clients to help them navigate the family law process, whether that be the starting of an action, or jumping back into an existing case.

I also worked with attorneys in the MVLC to provide brief legal advice to clients on a range of matters, including such matters as family law, small/large claims, probate, landlord-tenant, and guardianships.  I was given the opportunity to be fully integrated with the MJC staff and sit in on meetings to discuss what more we could do to better serve our clients and the Milwaukee community.  It was truly incredible to see and be a part of a group that works tirelessly to continue to improve their services for the benefit of the community.  Watching the MJC staff, volunteer attorneys, and even some of the other volunteer students work so hard and brainstorm together to serve the full extent of a client’s needs was truly memorable and an experience I am truly grateful for.

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February 17, 2017

24th Annual Howard B. Eisenberg Do-Gooders’ Auction–An Interview with Natalie Lewandowski

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Category: Marquette Law School, Pro Bono, Public
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The 24th Annual Howard B. Eisenberg Do-Gooders’ Auction on behalf of the Law School’s Public Interest Law Society (PILS) will be held on February 17 at the Law School.  Proceeds from the event go to support PILS Fellowships to enable Marquette law students to do public interest work in the summer.  Natalie Lewandowski, a current law student, shares her experience here as a PILS Fellow.

Where did you work as a PILS Fellow?

I worked at the Milwaukee Justice Center (MJC) in the Milwaukee County Courthouse.

What kind of work did you do there?

Most days I worked in the Family Forms Clinic with other MJC volunteers and supervising attorneys, helping clients with minor forms they wanted to file in the courthouse, such as divorce forms or forms to modify placement and custody orders for their children.  The vast majority of these clients cannot afford an attorney, but earn slightly above the (extremely low) federal poverty level, so they don’t qualify for free legal aid, either.  The only practical option for these people may be to represent themselves in the matter.  That’s where the volunteers at the MJC come in, helping these clients with the forms and guiding them through the process of how and where to file them in the courthouse and what the next steps might be.

I also helped plan and execute the MJC’s annual 5K Run for Justice, which raises money for the MJC to continue helping people access the justice system (and was really fun!).  In addition, I did some work with the MJC’s Mobile Legal Clinic, which is an amazing project that brings the services of the MJC—including brief legal advice by attorneys—to places in the community where it’s hard for residents to make it to the MJC for free legal help.

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24th Annual Howard B. Eisenberg Do-Gooders’ Auction–An Interview with PILS Fellow Don Applegate

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The 24th Annual Howard B. Eisenberg Do-Gooders’ Auction on behalf of the Law School’s Public Interest Law Society (PILS) will be held on February 17 at the Law School. Proceeds from the event go to support PILS Fellowships to enable Marquette law students to do public interest work in the summer. Don Applegate, a current law student, shares his experience here as a PILS Fellow.

Where did you work as a PILS Fellow?

I worked at the Suffolk County District Attorney’s Office in Boston.

What kind of work did you do there?

I was placed in the Narcotics Unit for the summer, so I had the privilege of working with many Assistant DA’s whose main goal is to make the Boston community a safer place to live. My time there was equally divided between writing various motions and conducting investigative work. Some days would be spent drafting Direct Indictment Memos or Memos in Opposition to the Defendant’s Motion to Suppress Evidence, and other days would be spent watching security camera footage or listening to jail calls to assist an ADA with an ongoing investigation. Also, every week a Unit Chief from the DA’s Office would address all the office interns during the lunch hour. It was fascinating to hear the various tasks each unit is responsible for, how the different units work together, and how passionate every employee was for their unit.

How was the experience meaningful to you?

I had a front row seat to see how the criminal justice system works­–the key word being justice. I saw how the DA’s Office as a whole values justice above conviction rates and how the Office cares just as much about helping victims, witnesses, and the community as prosecuting an alleged criminal. My favorite example of how the Office gives victims a voice is the Now You See: A Celebration of Courageous Kids initiative. This project reveals the bravery of sexually and physically abused children by including a photograph of the child’s eyes along with a description of the eyes in the child’s own words. This is just one of the many examples how the Office uses unique and innovative ways to help victims other than prosecuting on their behalf. In the end, I saw a side of the lawyer profession I had not strongly considered for myself before last summer, but this experience has inspired me to further pursue this career path.

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24th Annual Howard B. Eisenberg Do-Gooders’ Auction—An Interview with PILS Fellow Ben Lucareli

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The 24th Annual Howard B. Eisenberg Do-Gooders’ Auction on behalf of the Law School’s Public Interest Law Society (PILS) will be held on February 17 at the Law School. Proceeds from the event go to support PILS Fellowships to enable Marquette law students to do public interest work in the summer. Ben Lucareli, a current law student, shares his experience here as a PILS Fellow.

Where did you work as a PILS Fellow?

In the HIDTA (High-Intensity Drug Trafficking Area) unit of the Milwaukee County District Attorney’s Office.

What kind of work did you do there?

I worked closely with multiple attorneys in the HIDTA unit, helping them to prosecute felony-level drug and gun crimes. During my time in the office, I wrote numerous briefs at the trial court level, conducted legal research for the attorneys, and wrote and filed criminal complaints. I also helped the attorneys sift through evidence, transcripts, and other documents to prepare for trial. Each week, I accompanied the attorneys to various hearings, as well as a few jury trials. During the hearings and trials, I would take notes for the attorneys and help them organize and present evidence to the jury. In addition to my work with the attorneys, I also went on a ride-along with a local police department, and got to work on projects with local police officers and DEA agents.

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24th Annual Howard B. Eisenberg Do-Gooders’ Auction—An Interview with PILS Fellow Elisabeth Thompson

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The 24th Annual Howard B. Eisenberg Do-Gooders’ Auction on behalf of the Law School’s Public Interest Law Society (PILS) will be held on February 17 at the Law School. Proceeds from the event go to support PILS Fellowships to enable Marquette law students to do public interest work in the summer. Elisabeth Thompson, a current law student, shares her experience here as a PILS Fellow.

Where did you work as a PILS Fellow?

The ACLU of Wisconsin.

What kind of work did you do there?

Most of my work was legal research and writing.  I prepared two big pre-litigation memos, both in areas of substantive law to which I’d not been previously exposed.  I also drafted a complaint and wrote a number of on-the-fly memos on an array of legal questions, and I got to participate in some meetings with clients.

How was the experience meaningful to you?

The cases I worked on were incredibly meaningful.  They were timely; they were high-impact; they were rooted in the local community but had national resonance.  My work helped lay the groundwork for litigation that will raise awareness and advance justice.  This was motivating to me.  It also speaks to the value of the PILS fellowship; the funds that enabled me to spend the summer at the ACLU contributed directly to advancing their important work.

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Congratulations to Marquette’s 2017 Jessup Team

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Category: International Law & Diplomacy, Legal Writing, Marquette Law School, Public
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The 2017 Jessup Moot Court Team poses for a photo.Congratulations to Celeste Borjas, Alyssa Gemein, James Wold, and Dena Welden for their strong effort in the 2017 Philip C. Jessup International Moot Court Midwest Regionals in Chicago last weekend.  This year’s Jessup problem involved international law issues related to transboundary water aquifers, cultural heritage and migrant/refugee rights.  Our Marquette team won the 2d place award for Best Memorial in the Midwest Region.  Big congratulations!

Attorneys and Marquette Law alumni Juan Amado (Jessup, 2011), Rene Jovel (Jessup, 2014) and Drew Walgreen (MU moot court, 2013), as well as Professors Megan A. O’Brien and Ryan Scoville served as team advisors.  Special thanks to Jared Widseth (Jessup 2014) and Margaret Krei (Jessup 2013) as well as Attorney Nathan Kirschner for giving so much of their time to judge practice rounds this year.

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February 15, 2017

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

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Category: Election Law, Political Processes & Rhetoric, Public, Speakers at Marquette
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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 »

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PILS Auction This Friday

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Join the Law School community this Friday February 17 at the 24th Annual Howard B. Eisenberg Do-Gooders’ Auction in support of the Public Interest Law Society.  Festivities begin at 5:30 pm in Eckstein Hall and all proceeds support law students pursuing fellowships in public interest law.  In addition to the ever popular live auction, this year’s event will feature the return of the lip sync battle with surprise faculty performances.  It will be a great time to benefit a great cause.

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February 14, 2017

Law Alumna is New “Bachelorette” on ABC

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Category: Marquette Law School, Popular Culture & Law, Public
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It was announced Monday evening on the Jimmy Kimmel Live television program that Texas attorney Rachel Lindsay will be the next “Bachelorette” on the ABC series of that same name.  Ms. Lindsay is a 2011 graduate of the Marquette University Law School.  She has been a practicing litigator at the Dallas Office of the Law Firm Cooper & Scully.  She was previously a contestant on this season’s ABC reality show “The Bachelor.”  Ms. Lindsay’s selection is notable because she is the first African American to be cast as the lead of the popular reality series.  We at the Law School wish Ms. Lindsay all of the best, both professionally and romantically.

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February 9, 2017

Ninth Circuit Rules 3-0 Against Trump Administration: Analysis and Explanation

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Category: Constitutional Law, Immigration Law, President & Executive Branch, Public, Religion & Law
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Tonight, the Ninth Circuit issued an unanimous ruling in State of Washington v. Trump rejecting the Trump Administration’s motion for an emergency stay of the District Court’s temporary injunction.  That order by the District Court had the effect of halting enforcement of the President’s January 27 Executive Order suspending entry of aliens from seven specified countries into the United States.  In prior posts here and here, I argued that the January 27 Executive Order violated statutory provisions such as the 1980 Refugee Act and also that the Order violated the United States Constitution by discriminating on the basis of religion in the entry of immigrants and non-immigrants.

Tonight’s ruling by the Ninth Circuit is necessarily limited by the procedural posture of the case.  The court states at the outset:

To rule on the Government’s motion, we must consider several factors, including whether the Government has shown that it is likely to succeed on the merits of its appeal, the degree of hardship caused by a stay or its denial, and the public interest in granting or denying a stay. We assess those factors in light of the limited evidence put forward by both parties at this very preliminary stage and are mindful that our analysis of the hardships and public interest in this case involves particularly sensitive and weighty concerns on both sides. Nevertheless, we hold that the Government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay.  (opinion at p. 3)

Despite this procedural posture, the opinion issued by the court goes out of its way to make several strong statements of law.  First, the court firmly rejects the assertion of the Trump Administration that “the district court lacked authority to enjoin enforcement of the Executive Order because the President has ‘unreviewable authority to suspend the admission of any class of aliens.’ ” (opinion at p. 13). Read more »

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