October 3, 2014

Dealing with Law School Stress

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Category: Legal Education, Marquette Law School, Public
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9e5f2e74ad783851eeb0312f24f2c7d5It’s a gray, rainy fall-like Friday. The fall is a wonderful season, especially in Wisconsin. But the fall, for law students, brings with it some added stressors: negotiating the fall interview season for 2Ls, keeping up with the increased workload in classes, squeezing in pro bono hours, writing appellate briefs or memos, all while trying to still have a life outside of law school. These stressors can feel overwhelming, especially to the 1Ls who are, as of yet, unfamiliar with the full rhythm of law school.

Some of these stressors are unavoidable. But others can we manage. Or at least we can adjust our expectations so that our responses to those stressors are healthier. See here  for law school’s common stressors and how to manage them.

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October 2, 2014

The NBA, Television Broadcasting Rights, and Collective Bargaining

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Category: Arbitration, Labor & Employment Law, Public, Sports & Law
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Television broadcasting rights in professional sports are a huge chunk of the revenue equation for professional leagues, and it isn’t very hard to see how that is the case. For example, the current NBA TV deal is worth about $930 million annually. In 2016, this deal is set to expire and current reports indicate that an extension is in the works that will pay the NBA over $2 billon annually for the rights to broadcast games on Turner and ESPN networks. When this deal comes to fruition, the revenue generated by the TV deal will dwarf the money coming in from any other source.

While the value of the NBA’s television broadcasting rights are staggering, the most interesting aspect of the new deal is how it will affect the collective bargaining process. In 2011, the NBA suffered through a lockout where owners claimed to be losing hundred of millions of dollars each year. For this reason, the owners argued, the player’s cut of the revenue needed to be scaled back. By the time the lockout ended, the owners had modest success in achieving this particular goal, pinning the player’s share of basketball related income back to between 49% and 51%. The previous basketball related income split was approximately 57–43% in favor of the players.

With the television revenue doubling by 2016, the owners will not have a leg to stand on if they again try to argue that teams are losing money. Considering the amount of money set to be on the table, the players are likely to fight for a bigger chunk. And if the owners aren’t reasonable about it, the league could be looking at another lockout.

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October 1, 2014

Third Circuit Rules on Use of GPS Technology

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Category: Federal Criminal Law & Process, Public
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This short post is not the promised second part of my intended series on what the Seventh Circuit did during your summer vacation. But, it may interest those of you who follow developments in the criminal law.   In a much-anticipated decision with parallels to United States v. Brown, 744 F.3d 474, 476 (7th Cir. 2014), the en banc Court of Appeals for the Third Circuit held today that pre-Jones warrantless use of GPS to collect data about a suspect did not require suppression of the GPS-evidence under the exclusionary rule.  The case is United States v. Katzin, No. 12-2548 (3d Cir. Oct. 1, 2014).

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The Marquette Law School Poll’s Version of the Sounds of Silence

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Category: Marquette Law School Poll, Political Processes & Rhetoric, Public
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The big story coming out of the release Wednesday of a new round of results from the Marquette Law School Poll was that Republican Gov. Scott Walker had opened up a bit more distance over Democratic challenger Mary Burke that was seen in recent rounds of polling. Among likely voters, Walker was supported by 50% and Burke by 45%. As Professor Charles Franklin, director of the poll said, this is still a close race. But there were indicators of some trends in Walker’s direction.

Both in the news media (for sure in Wisconsin and, in some cases, nationally) and within the world of political activists, the poll results will be analyzed carefully to see what people are saying. The Marquette Law School Poll has become the principle source of information on Wisconsin public opinion on major issues, especially political races.

But instead of focusing on what people are saying, permit me here to focus on what people are not saying. Politics, even in the midst of a heated election season, is not of interest to everyone. So here are a few examples of non-involvement: Read more »

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September 30, 2014

Packers CEO Wants to Enhance “Fan Experience” at Lambeau

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Category: Public, Speakers at Marquette, Sports & Law
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The Green Bay Packers have sold out every home game since the Fourteenth Century, right? Nothing to worry about when it comes to attracting fans and providing them a good experience, right?
Not right if you’re Mark Murphy. In an “On the Issues with Mike Gousha” program at Eckstein Hall on Tuesday, the president and CEO of the Packers described in detail the team’s efforts to improve the “fan experience” and to make Lambeau Field a year-round destination for events and experiences that extend well beyond game days.

Murphy told a capacity audience in the Appellate Courtroom that, as much as Lambeau is revered as a football shrine, until the large-scale renovation of the stadium in 2003, it was used for 10 games or so each year and not for much else. He called the decision to add a large atrium which includes the Packer Pro Shop and areas for eating and drinking “a brilliant decision” that opened the way to making Lambeau a year-round facility. “It completely changed the organization and particularly Lambeau Field,” Murphy said.

Murphy joined the team in 2008 and is overseeing several hundred million dollars in continuing expansion and improvements to Lambeau, including the addition of 7,000 seats, a new sound system, two HD video boards, and a large gate at the north end of the stadium. Read more »

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Big Tobacco Sues Uruguay

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Category: Business Regulation, Health Care, Public
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fda cigarette warning lungsThose who follow efforts to use law to reduce smoking will be aware the United States Court of Appeals for the District of Columbia found in R.J. Reynolds v. FDA, 696 F.3d 1215 (D.C. Cir. 2012) that mandatory graphic imagery on cigarette packs was a violation of commercial speech rights. As a result of the decision, cigarette packs continue to have only prosaic warnings, which go not only unread but also, for the most part, unnoticed.

Foreign countries, of course, are not bound by U.S. law, and Uruguay forged ahead with its own laws requiring graphic warnings. They include photos of decaying teeth, premature babies, and disturbing hospital scenes, with each picture covering 80 percent of each pack. Big Tobacco cannot invoke its commercial speech rights in Uruguay, but Philip Morris has sued Uruguay for $25 million, alleging the required warnings violate treaties protecting intellectual property rights.

The case is in the courts, with former New York City Mayor Michael Bloomberg paying many of Uruguay’s legal costs. Smoking is on the rise in developing countries, and many think the decision in Uruguay will have significant impact on other developing countries’ willingness to require graphic warnings.

For my own part, I strongly endorse the required graphic warnings in the name of social justice. Smoking in both the United States and abroad is increasingly concentrated among poor and working-class men and women, and the health problems associated with smoking are also greater in these sectors of the world population. For the poor and members of the working class, reading skills and even any interest in written texts are limited, but poor and working-class smokers are aware of and receptive to visual imagery. If they could literally see what smoking causes, they might fight harder to break their deathly, addictive habit.

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September 29, 2014

Snowden Attorney Praises Whistle Blowers and Journalists Who Unveil Secrets

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Category: Public, Speakers at Marquette
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Imagine what we would know and what we would not know without whistle blowers and journalists who have spread knowledge of actions by those within the federal government who wanted to keep secret improper and illegal things they were doing.

Ben Wizner suggested doing that Monday during an “On the Issues with Mike Gousha” session at Eckstein Hall. His partial list of things that might not have come to light included CIA secret prisons around the world, warrantless surveillance of American citizens, and the abuse of prisoners by American military personnel in the Abu Ghraib prison in Iraq.

And then there’s Edward Snowden, the National Security Administration contractor who released a large volume of records about secret surveillance of huge numbers of people, both in the United States and around the world. Wizner, director of the American Civil Liberties Union Speech, Privacy & Technology Project, is one of the main attorneys on Snowden’s defense team. Snowden has been living in asylum in Russia. Read more »

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Common Sense Could Have Saved NFL from Domestic Abuse Furor

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Ray Rice. Adrian Peterson. These names used to cause fans to wax poetic about on-field performances the previous Sunday or potential blockbuster fantasy football trades. Now, mentioning them conjures up nothing but negativity.

The recent revelation of domestic violence issues in the National Football League has given the league something serious to think about. Once the beacon of how profitable and well-run a professional sports league can be, the NFL is now operating under a cloud shrouded in darkness. The league’s actions, or lack thereof, are coming under fire, and rightfully so. It is impossible to predict exactly what the investigation being headed by former FBI Director Robert Mueller will reveal, but it is likely that it will reveal missteps on the part of the NFL in handling the domestic violence issue.

What further inflames the matter is that domestic violence involving NFL players is not a new controversy, yet a specific policy is just now being put forth. According to a database compiled by USA Today, domestic violence issues account for 85 of the 713 total NFL player arrests since 2000. A CNN story also recounted past NFL handling of domestic abuse episodes. Knowing this, it is bewildering that the Ray Rice situation was the catalyst for implementing a league-wide policy. Read more »

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September 28, 2014

Good Time in Wisconsin: Why and How

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Category: Criminal Law & Process, Legal Scholarship, Public, Wisconsin Criminal Law & Process
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In a couple of recent posts (here and here), I have discussed the possibility of reinstituting “good time” in Wisconsin. I have developed the argument for good time at much greater depth in a new article that is now available on SSRN. Here is the abstract:

Wisconsin is one of about twenty states not offering good conduct time (GCT) to prisoners. In most states, prisoners are able to earn GCT credits toward accelerated release through good behavior. Wisconsin itself had GCT for more than a century, but eliminated it as part of a set of reforms in the 1980s and 1990s that left the state with what may be the nation’s most inflexible system for the release of prisoners. Although some of these reforms helpfully brought greater certainty to punishment, they went too far in eliminating nearly all meaningful recognition and encouragement of good behavior and rehabilitative progress. This article explains why and how Wisconsin should reinstitute GCT, drawing on social scientific research on the effects of GCT, public opinion surveys in Wisconsin and across the United States regarding sentencing policy, and an analysis of the GCT laws in place in other jurisdictions. Although the article focuses particularly on Wisconsin’s circumstances, the basic argument for GCT is more generally applicable, and much of the analysis should be of interest to policymakers in other states, too.

Entitled “Good Conduct Time for Prisoners: Why (and How) Wisconsin Should Provide Credits Toward Early Release,” the article is forthcoming in the Marquette Law Review.

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September 26, 2014

Thoughts on Mwani v. Al Qaeda

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Category: Federal Law & Legal System, International Law & Diplomacy, Public
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A federal magistrate judge issued a noteworthy decision yesterday in Mwani v. Al Qaeda—a case filed several years ago by victims of the 1998 truck bombing of the U.S. Embassy in Nairobi, Kenya. Six Kenyan nationals alleged jurisdiction under the Alien Tort Statute (ATS) and asserted claims for wrongful death, assault, and battery. The court found Al Qaeda liable on two of the claims and awarded compensatory and punitive damages.

Two aspects of the decision seem significant. First, the court reaffirmed a prior holding that jurisdiction was appropriate even under the Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum, which established that ATS jurisdiction is available only for claims that “touch and concern the territory of the United States” with “sufficient force” to displace the presumption against the extraterritorial application of U.S. law. The magistrate judge concluded that Mwani satisfied Kiobel because Al Qaeda carried out part of the planning within the United States and directed the attack against the U.S. Embassy and its employees. It’s fairly common for an ATS case not to survive Kiobel these days, but the conclusion here seems reasonable. Read more »

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Judge Catches BP Counsel Sneaking Extra Pages into Its Brief

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Category: Environmental Law, Legal Ethics, Legal Practice, Legal Writing, Public
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BPIn a new twist on the BP litigation, BP filed a brief in a Louisiana federal court that seemed to comply with the already-enlarged 35-page limit. But the judge in the case, the Hon. Carl Barbier, uncovered BP counsel’s tactic of reducing the line spacing to cram more material into the brief than the page limit would have allowed. In this way, BP was able to fit in an extra 6 pages worth of material.

Judge Barbier had this to say about BP’s brief:

The Court should not have to waste its time policing such simple rules—particularly in a case as massive and complex as this. Counsel are expected to follow the Court’s orders both in letter and in spirit. The Court should not have to resort to imposing character limits, etc., to ensure compliance. Counsel’s tactic would not be appropriate for a college term paper. It certainly is not appropriate here.

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September 23, 2014

Robb Rauh: In Pursuit of Life, Liberty, Happiness, and Educational Success

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Category: Education & Law, Milwaukee Public Schools, Public, Speakers at Marquette
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Life, liberty and the pursuit of happiness – what’s more at the core of America’s identity than those words? But what do they mean if you’re living in the central city of Milwaukee?

Robb Rauh, the CEO of Milwaukee College Prep, a set of four high-performing schools with about 1,900 students on the north side, focused on those questions as he set the context for the mission of the schools during an “On the Issues with Mike Gousha” session Tuesday in Eckstein Hall.

Life? Infant mortality rates are much higher in Milwaukee than in the nation and even in some third-world countries, Rauh said, and life expectancy is lower than elsewhere. Liberty? Wisconsin has the highest incarceration gaps between white and black people in the nation. The pursuit of happiness? “One of the things that defines happiness is being able to have choices in life,” Rauh said, and without at least a high school degree, a person’s choices are limited. The overall situation of African American children in Wisconsin has been described as the worst or one of the worst in the United States.

“We want to prove that it can be done,” to bring terms like life, liberty, and the pursuit of happiness to life by increasing the educational success and opening the doors to better futures for children, particularly along the North Avenue corridor where all four Milwaukee College Prep schools are located, Rauh said. Among schools in Milwaukee with high percentages of African American students, all four schools are at or near the top of the list when it comes to scores in the newly-released state report cards. Read more »

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