April 13, 2015

The Study of International Law in Foreign Law Schools: A Brief History

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Category: International Law & Diplomacy, Public
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In my last post I provided a short history on international legal education in the United States. This time I offer the global equivalent: a (very) rough sense for the evolution of law school study requirements in a number of foreign countries, based on a combination of two UNESCO surveys from the mid-twentieth century and my recent research on contemporary practice.

Here are the results: Read more »

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Israel Reflections 2015 — Day 6: The Netanya Ethiopian Center

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Another portion of our cultural immersion was an invitation to the Netanya Foundation Ethiopian Center. An extremely rich cultural experience, the people at the Netanya Center shared traditional tea and bread-breaking with our group (shown below), as well as a tour of the facilities and resources available to the community. The Netanya Center was an experience that the students found incredibly impactful as they also reflected on community differences here in Milwaukee.

Student Katie Shaw shares her experience and her personal reflections:

“As part of our visit in Israel, we visited the Netanya Foundation Ethiopian Heritage Center, a community center located in Netanya that supports the local population of Ethiopian Jews, many of whom are first or second generation immigrants to Israel. Our guide throughout the Center was Avi, an Ethiopian Jew who traveled to Sudan to later migrate to Israel in 1984. Heidi, who works at the Ethiopian Heritage Center, helped translate from Hebrew to English for Avi. Read more »

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April 12, 2015

Israel Reflections 2015–Day 6: Givat Haviva

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On our sixth day in Israel, the students visited Givat Haviva, an educational learning campus with a focus on peace in the Middle East. After a short presentation, our guide Lydia Aisenberg took us directly to the Green Line (the 1947 UN Partition Line) that divides the town of Barta’a (or Barta) between Israel and the West Bank. Rather than speak of the conflict that surrounds the town as a negative force, Lydia explained the history of the Green Line, the cultural richness of the town of Barta’a, and what the division means for the future of the conflict.

Student Ellen French shares her thoughts:

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April 11, 2015

Israel Reflections 2015–Day 5: Dinner in a Druze Village

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Druze-villageThroughout the trip, the students had opportunities to immerse themselves in the culture of Israel. As part of this ethnic immersion, we enjoyed a dinner in a Druze village.  The Druze religion presented both some familiar elements as well as several that were unique to us. Student Samuel Magnuson recollects the dinner, shares background on the Druze, and gives his thoughts on their culture:

On Wednesday, March 11, after a full day in which we visited the Yardenit Baptism site, Haifa University, and the Bahá’í Gardens, we went to a Druze Village near Haifa for dinner. This was one of the highlights of the trip for me because we got to eat an incredible meal prepared by one of the women in the Druze village. I will explain more about what we learned about the Druze in a minute, but I must first discuss the food. When we arrived, we entered a dining hall where we sat at tables of about eight per table. The meal was family-style, meaning that the hosts kept bringing bowls of deliciousness for us to pass around. Of note, we ate stuffed peppers with arguably the sweetest rice I’ve ever experienced. We also had stuffed grape leaves, a really tasty chickpea dish, meatballs, Mediterranean salad, and a main dish of turkey with rice. While all of it was incredible, I must say that the stuffed peppers and chickpeas stood out to me, partially because neither of these dishes are ones I have been incredibly fond of in the States. However, the way the dishes were prepared that night (possibly because of the sauce) led me to eat seconds, thirds, and maybe fourths of each of these items. I also drank several glasses of what I thought was sweet tea . . . only to find out after that this was actually date juice. Fortunately, my stomach was prepared for such an altercation at this junction of the trip. Read more »

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April 10, 2015

Mapping Out the Copyright Semicommons

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Category: Intellectual Property Law, Public, Speakers at Marquette
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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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Israel Reflections 2015–Day 5: Haifa University and Sulha

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Category: International Law & Diplomacy, Negotiation, Political Processes & Rhetoric, Public
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Our Wednesday morning in the north of Israel started with a visit to Yardenit, a site at the base of the Sea of Galilee where it meets the Jordan River near the biblical baptism site. Then we all headed to Haifa University to meet with Professors Orna Einy, Moti Mironi, and Tali Gal–each of whom work in an area of ADR–to learn about their research. After a quick lunch with them, we then turned our attention to a wonderful guest speaker they arranged for us. In a combination of theoretical, spiritual, and academic learning, the students had the great pleasure of hearing Elias Jabbour speak about “Sulha”, or the traditional peacemaking techniques used in Arab villages throughout the Middle East.

Student Molly Madonia retells two of Mr. Jabbour’s stories and recounts his methods to making Sulha:

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April 9, 2015

Marc Marotta

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The Marquette family — indeed, the Milwaukee community and the state more generally — lost one of its great leaders yesterday when Marc Marotta suddenly passed away. His death was jarring; he was only 52. Many people knew Marc far better than I, but I had the great fortune of getting to know him through our work together on the Board of Directors of the Bradley Center Sports and Entertainment Corporation for the past few years. In fact, I saw him on Tuesday morning at a board meeting, where he was his usual self: energetic, gregarious, and engaging … which made yesterday’s news even more incomprehensible.

My interest in this post is not to detail Marc’s many accomplishments; the Milwaukee Journal Sentinel does a great job of it here (though no one article can truly do justice to the work and legacy of Marc Marotta). Instead, as our third-year students inch closer to graduation and becoming Marquette lawyers, I hope to highlight aspects of Marc’s life and career that are worth reflection by our students — indeed, by all of us in the profession — as they become lawyers and serve the public.

Marc was an excellent lawyer — just ask anyone with whom he worked. Read more »

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Israel Reflections 2015–Day Four: Dinner with Lawyers

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For dinner on our fourth night, we joined lawyers from the region around the Sea of Galilee for a meal and mingling.  Much thanks for the yummy food and company to the partnership between this region in Israel and Milwaukee that sets this up every year.   Many students built professional relationships during this meal, gleaned advice from practitioners and professors, and engaged in meaningful dialogue.

Student Lucas Bennewitz had a particularly thoughtful discussion:

 During our trip, we had dinner at a kibbutz in Tiberius with different Israeli attorneys practicing in different areas.  Both our stomach and our brains were stuffed to the brim that evening with both excellent food and lively discussions about Israeli law and politics.  While enjoying more hummus and rice than we could handle, we gained valuable insight on the nature of the Israeli legal system, heard some criticism from the Israeli lawyers about their current system, and compared the Israeli and the American legal systems.  We also discussed the role that legal internships play in the Israeli law school experience.  Read more »

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A Rebellion of Giants: Dixon, Ryan, and Taming the Railroads in the Gilded Age

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Category: Legal History, Public, Wisconsin Law & Legal System, Wisconsin Supreme Court
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Chief Justice Luther S. Dixon

Chief Justice
Luther S. Dixon

This is the fifth in a series of Schoone Fellowship Field Notes.

Eastern jurists such as John Marshall, James Kent, Oliver Wendell Holmes, and Benjamin Cardozo have received the lion’s share of attention from law professors and historians over the years. Two fellow giants from the Midwest, Michigan’s Thomas Cooley and Iowa’s John Dillon, have been relegated to comparative obscurity.

Cooley and Dillon played a central role in shaping the contours of modern American constitutional law. They forged their philosophies in the heat of two critical judicial debates over the role of railroads in American society. Two Wisconsin justices, Luther Dixon and Edward Ryan, were also leaders in those debates, and their contributions to American constitutional law deserve to be better known. 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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April 8, 2015

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

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Category: Milwaukee, Popular Culture & Law, Public, Speakers at Marquette
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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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Israel Reflections 2015 — Day Four: Har Bental

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After our visit at Tzfat, we took a short bus ride into the northern hills to visit Har Bental, a lookout point on the edge of the Golan Heights. With a view into Lebanon, Syria, and Jordan, we could all see the importance of geography.

Student Nicholas Sinram shares his experience:

One of the many great experiences on our International Conflict Resolution trip to Israel was our visit to Har Bental.  In addition to the salmon bagel lunch and the Druze fig jam, our excursion to Har Bental gave us the chance to experience the beauty and importance of the region.  The visit to Har Bental also gave us the unique opportunity to learn more about the conflicts throughout the Middle East, the role of the international community in the region, and how this situation affects Israel specifically. golan-picture

We had the amazing luck of running into two U.N. observers. They explained the roles of U.N. peacekeepers and observers. Read more »

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