Marquette University Law School Faculty Blog

Israel Reflections 2019–Justice Aharon Barak

By: Andrea K. SchneiderApril 18, 2019Arbitration, International Law & Diplomacy, Judges & Judicial Process, PublicLeave a comment»

It is always such a highlight of our trip to hear from Justice Barak and this was no exception–student Lucas Baker reflected on the meeting:

It was an incredible opportunity to meet with retired Chief Justice of the Israeli Supreme Court, Justice Aharon Barak. Rarely do law students have the chance to learn from a true giant in the law. Justice Barak lectured our group about the general contours of Israel’s Judiciary and non-constitutional system, before we took a deeper dive into a number of other topics.

The Chief Justice fielded questions regarding differing judicial philosophies between the United States and Israel. With incredible insight, Justice Barak discussed how the public confirmation proceedings in the United States lead to manufactured and politicized “judicial philosophies.” In Israel, on the other hand, the confirmation process is not public and therefore not politicized, which allows for consensus in rules of interpretation. In Israel there are no “activist” nor “originalist” judges. Rather, judges have a much more uniform approach to the law. After witnessing the recent circus of a confirmation process here in the United States, it was fascinating to hear that there is little political split among judges, and no divergence in methods of interpretation in Israel.

Another key takeaway from Justice Barak’s lecture involved dispute resolution. Continue reading “Israel Reflections 2019–Justice Aharon Barak”

Israel Reflections 2019–Immigration, Racism, & Refugees

By: Andrea K. SchneiderApril 17, 2019Civil Rights, Human Rights, Immigration Law, International Law & Diplomacy, Public, Race & LawLeave a comment»

On our first full morning in Tel Aviv, we turned to some (other) hard issues facing different parts of the population in Israel. Our first speaker was Mazal Bisawer, a PhD candidate and student leader at Tel Aviv University. Mazal spoke to us about the Ethiopian population in Israel—a minority within a minority—most of whom immigrated to Israel in the 1970’s and 1980’s. We’ve had visits with other Ethiopian Jews over the years (see blogs from 2017 here and 2015 here) dealing with the issue of diversity in Israel. And even on the main street in Tel Aviv, the concept of refugees is front and center with this beautiful mosaic:

Shayla Sanders identified with Mazal’s comments:

She spoke broadly about police brutality against young Ethiopian men and emphasized that while only 2% of the population in Israel, Ethiopian young people make up 60% of the population in juvenile detention facilities. I was struck in this moment with a sickening, yet somehow validating sense of déjà vu. I recognized these statistics. I know that African Americans in the US face a similar plight. In hearing her speak to some of these issues, I heard some of the same emotions I myself experience when discussing racial issues here in the US. I heard in her the same passion I feel when discussing instances of injustice against my people. I heard her pain when she told us how people would say that Ethiopians should feel lucky to only be experiencing minor levels of racism because they are the only group of black people not brought by force into a country and compelled into slavery. I felt her frustration when she emphasized that speaking out on these issues, she is often met with the same reaction as if she had stated a belief in little green aliens and UFOs… I have myself been written off as a radical idealist who plays the race card all too frequently. I have been faced with those who would rather police my tone than address and confront the truth in my statements. So, imagine my utter lack of shock when our very own tour guide immediately dismissed Mazal as radical and gave an open invitation to our tour group to take her opinion with a grain of salt not granted to any of the other speakers we had seen thus far.

Continue reading “Israel Reflections 2019–Immigration, Racism, & Refugees”

Israel Reflections 2019 — Shared Society Continued!

By: Andrea K. SchneiderApril 16, 2019April 16, 2019International Law & Diplomacy, Political Processes & Rhetoric, Public, Religion & Law, UncategorizedLeave a comment»

Great to see so many of us at the ABA conference this past week! We will have blogs soon about conference sessions and lessons…And, in the meantime, here’s another from Israel:

Our work out for the week was held at Budo for Peace (BFP). BFP is an innovative non-profit educational organization based in Israel that uses the ethical values of traditional martial arts to empower children while promoting social harmony and peace in the Middle East. Since its establishment 14 years ago, BFP’s programs have impacted thousands of children from diverse cultural, religious, ethnic and socio-economic origins throughout Israel and the Middle East, including refugees in Lesvos, Greece.

Yamilett Lopez said “When our group arrived, we got to practice some Budo with the children as well as learn about the Budo for Peace’s goals of advocating co-existence and dialogue, empowering females, fostering immigrant communities, and engaging at risk youth. Overall, it was amazing to see a sports organization help bridge a divide among communities.” This was both a ton of fun and hilarious!

We then had dinner at Juha’s Guesthouse in Jisr a Zarqa. Meaghan McTigue noted “The town is the only Arab village on the Israeli coast of the Mediterranean Sea and their guest house is an embodiment of hope in their future. The guest house is the fruits of a Jisr local Ahmed and Jewish Israeli Neta. The unlikely pair partnered with a shared vision and believe in the potential of the town and its people. The guest house serves as an economic asset to the village where guests are encouraged to explore the area and shop from local merchants.”

Cross posted at Indisputably.org .

The Costs of Janus v. AFSCME

By: Edward A. FalloneApril 15, 2019April 15, 2019Business Regulation, Constitutional Interpretation, Constitutional Law, First Amendment, Labor & Employment Law, Legal Profession, Marquette Law School, Public, Speakers at Marquette, U.S. Supreme CourtLeave a comment»

On April 10 I participated in a panel discussion sponsored by the Law School Chapter of the Federalist Society. The presentation was entitled “Lawyers, Plaintiffs, and Professors, Oh My!: Janus v. AFSCME.” The other panelists were Adjunct Professor and Director of the Law Library Elana Olson, Alumnus Daniel Suhr from the Liberty Justice Center , and Mark Janus, the name plaintiff in the case of Janus v. AFSCME. What follows are my prepared remarks.

In June of 2018 the United States Supreme Court held, in the case of Janus v. AFSCME, that it is a violation of the First Amendment for State and public sector unions to assess mandatory agency fees to non-consenting employees. The majority of the Court held that forcing non-union workers to contribute money to support non-political activities which benefit all workers violates the Free Speech rights of non-consenting employees.

In so holding, the Court overruled a precedent of over 40 years, Abood v. Detroit Board of Education, a 1977 case that had upheld the practice against a First Amendment challenge.

Opposition to labor unions and collective bargaining rights is a policy choice held by many political conservatives today, but it was not always the position of the Republican Party. One of the early icons of the conservative political movement in the United States, Whittaker Chambers, was himself a union member at times in his career, he was supportive of the labor movement, and his wife and many of his relatives were union members.

This icon of political conservatism in the 1950s and 1960s supported collective bargaining rights so much, that when the parent of the conservative National Review Magazine gave an award named after Whittaker Chambers to our guest Mark Janus, in recognition of his participation in the Janus v. AFSCME litigation, the family of Whittaker Chambers objected to their father’s name being associated with the case. Continue reading “The Costs of Janus v. AFSCME”

Israel Reflections 2019—Shared Society

By: Andrea K. SchneiderApril 12, 2019April 12, 2019Marquette Law School, Political Processes & Rhetoric, Public, Religion & LawLeave a comment»

One key focus of our trip was all of the organizations working on shared society across groups in Israel. Our day of shared society started at Sindyanna of Galilee with a Za’atar workshop. Sindyanna of Galilee is a non-profit organization that employs Arab and Jewish women who aim to create a peaceful coexistence between the two cultures. The students were able to create their own Za’atar after hearing from employees on how they strive to create peace. (This was delicious! And all available on Amazon too…)

We then headed towards Nazareth to have lunch and see The Basilica of Annunciation. When we arrived there was a service in progress in front of the Grotto of the Annunciation. For student Margaret Spring it was one of the most breathtaking experiences she has ever had in a church. “Being at one of the most sacred Christian sites in the world while a congregation was singing is something that I will never forget.”

Our next stop was Givat Haviva. Givat Haviva is dedicated to promoting mutual responsibility, civic equality and cooperation between divided groups in Israel as the foundation for building a shared future and shared society—critical elements of a sustainable and thriving Israeli democracy. While there, we visited the divided city of Barta’a.

Student Mercy De La Rosa wrote a thoughtful self-reflection that is shared in full about her experience at Givat Haviva and how that compared to her childhood in El Paso near the Mexican at the Texas border.

Walking through the rolling green lawns of Givat Haviva, it was hard not to draw comparisons to college campuses across America with laughing students stretched out on beautiful trimmed lawns. This, however, is no idyllic American campus. Instead here Muslims and Jews strive to work together bridging differences and embracing commonalities. Clearly underneath the beautiful surface there has been a lot of hard work in community building and deep difficult conversations. Armed with cookies, coffee, and a razor-sharp witted Welsh guide we trekked to the Barta’a….Driving up to the town, I never imagined what was in wait for me. Driving up Lydia shared a heartbreaking story of how she often felt like a person divided, split between friendships on what at first glance seems like diametrically opposed sides. In hindsight, that story should have prepared me for the painfully wonderful parallels that would be presented between my home city of El Paso Texas and Barta’a. As we walked through the city, I was vaguely reminded of downtown El Paso until we hit the market area where all I could see was memories of Juarez. Granted it has been at this point almost 12 years since I have been to Juarez, but to me it felt like someone had just put up Arabic signs instead of ones in Spanish. As we ascended into the mountains to better see the divide, it was like looking out from Scenic Drive where you can see the connection of the two downtowns. From that viewpoint almost seamlessly merging into one another. On closer examination you can see the border but looking at it from a distance it is more a feeling than articulable distinguishing characteristics….This small town shook me to my core, serving as a stark reminder that though we may travel far from home sometimes it is the familiar that frightens and motivates us the most.

[Cross-posted at Indisputably.]

Congratulations to the 2019 Jenkins Honors Moot Court Finalists

By: Lisa A. MazzieApril 12, 2019Legal Education, Legal Practice, Lubar Center, Marquette Law School, Public1 Comment

Picture of courtroom with judges on the bench and student advocates seated at tables Congratulations to the winners of the 2019 Jenkins Honors Moot Court Competition, Brooke Erickson and Micaela Haggenjos. Congratulations also go to finalists Luis Gutierrez and Nicholas Wanic. Erickson and Haggenjos additionally won the Franz C. Eschweiler Prize for Best Brief, and Erickson won the Ramon A. Klitzke Prize for Best Oralist.

The competitors argued before a packed house in the Lubar Center. Presiding over the final round were Hon. Charles R. Wilson (11th Circuit Court of Appeals), Hon. Daniel Kelly (Wisconsin Supreme Court), and Hon. Lisa K. Stark (Wisconsin Court of Appeals).

Many thanks to the judges and competitors for their hard work, enthusiasm, and sportsmanship in all the rounds of competition. Thank you, too, to the Law School administration and staff for their work in putting on the event. Special thanks to Dean Kearney for his support of the competition.

Thank you as well to the Moot Court Association for its work in putting this event together, and especially to 3L Sadie Olson, who so adeptly handled the details of the competition.

Students are selected to participate in the competition based on their success in the fall Appellate Writing and Advocacy class at the Law School.

Here is a link to the video of the final round.

Israel Reflections—Golan Heights, the Galilee and the Druze

By: Andrea K. SchneiderApril 12, 2019April 12, 2019Marquette Law School, Public, Religion & LawLeave a comment»

The group had a memorable night at the kibbutz and were very sad to leave the cozy cottages we were able to stay in. Our busy day (Tuesday) of sight-seeing started with a visit to Mount Bental. At the peak of Mt. Bental we had views of Golan and Syria. Taylor Brisco and her friends went into the army bunker to imagine what it was like to be a solider during the 1973 Yom Kippur War. Ms. Brisco said “Visiting Mount Bental was one of my favorite activities due to the historical significance of the mountain peak and also for the amazing view of Golan—and even Syria.” Below is a view from the bunker over to Mt. Hermon where this is still snow…

Continue reading “Israel Reflections—Golan Heights, the Galilee and the Druze”

Franklin Says Poll Results Show Shift Toward Republican Identification

By: Alan J. BorsukApril 10, 2019Marquette Law School Poll, PublicLeave a comment»

There’s something happening here, and what it is is becoming clearer: A shift in the overall partisan make-up of Wisconsin’s voting population toward Republicans.

It’s not a huge shift – a couple percentage point increase in the number of people who identify as Republicans or as leaning Republican, a similar decrease in the number who identify as Democrats or as leaning Democratic. The result is a near tie in partisanship, compared to several years ago when the Democrats held a slight advantage. But it is enough of a change to suggest that the polarized political make-up of Wisconsin is becoming more polarized, and the state’s propensity to have elections with very close outcomes may be getting stronger. Continue reading “Franklin Says Poll Results Show Shift Toward Republican Identification”

Israel Reflections 2019 – Supreme Court and Eco Peace

By: Andrea K. SchneiderApril 10, 2019April 10, 2019Environmental Law, International Law & Diplomacy, Judges & Judicial Process, Public, Water LawLeave a comment»

As we said our goodbyes to Yad Vashem, we headed towards the beautiful Israeli Supreme A picture of the Israeli Supreme Court Court to hear from former Chief Justice Asher Dan Grunis. Justice Grunis spoke to the students about the differences between the U.S. Supreme Court and the Israeli Supreme Court. The comparison in the annual caseload (about 70 cases in the U.S. versus 15,000 cases in Israel!) really stood out for the students. The court have 15 justices that generally sit in panels of three to hear the cases.

After driving up north, we ended the day with a speech from Adam Waddell from Eco-Peace. Eco peace is an NGO that works to facilitate peace talks and promote sustainable development between the Jordanian, Palestinian, and Israeli governments. Aurusa Kabani shared her thoughts about this NGO.

Continue reading “Israel Reflections 2019 – Supreme Court and Eco Peace”

Chief Justice Roberts: Biskupic Describes Her Insightful Look at a Reserved Figure

By: Alan J. BorsukApril 9, 2019April 11, 2019Federal Law & Legal System, Public, Speakers at Marquette, U.S. Supreme CourtLeave a comment»

Joan Biskupic says her fourth book about a member of the United States Supreme Court involved “my most difficult subject” – Chief Justice John Roberts. But, perhaps in good part for that reason, it is also attracting much attention.

Roberts is “a very reserved individual,” Biskupic said during an “On the Issues with Mike Gousha” program in the Lubar Center at Marquette Law School on Tuesday. “There’s a lot that you see, but much more that’s held back.” She had the benefit of eight interviews, covering more than twenty hours, with Roberts, but she said she wonders still about what is not known about him.

However, Biskupic’s newly-published biography, The Chief: The Life and Turbulent Times of Chief Justice John Roberts, does offer a lot, some of it not reported previously, about Roberts, who has been chief justice since 2005.

And in addition to a richly detailed description of Roberts’ life, the book breaks new ground in describing how Roberts came to be the decisive vote in upholding the constitutionality of the Affordable Care Act, often known as Obamacare, in 2012. Biskupic describes how he initially took positions opposing the constitutionality of the law during the court’s work on the case, then switched his views.

“I think he definitely did not want the whole law to go down,” she said. “I’m fine with saying I don’t know why, for sure.”

Continue reading “Chief Justice Roberts: Biskupic Describes Her Insightful Look at a Reserved Figure”

Israel Reflections 2019 – Yad Vashem

By: Andrea K. SchneiderApril 9, 2019Human Rights, International Law & Diplomacy, Judges & Judicial Process, Public, Religion & LawLeave a comment»

The day after our interesting trip to Palestine we visited Yad Vashem, Israel’s holocaust memorial. Many of the students on the trip had learned about the Holocaust in school and visited the Holocaust museum in D.C., but nothing could really prepare them for this experience. In advance, I had each student research someone on the Avenue of the Righteous to understand choices made during World War II. Jordan Janikowski thought:

One beautiful memorial that served as a beacon of hope was the Avenue of the Righteous, a garden of trees dedicated to individuals and families who risked their lives in order to help save others during the holocaust. This serves as a reminder that we all need to take responsibility in standing up for others although it is still incomprehensible how such an inhumane tragedy could have occurred, there are many parallels to today’s society. It is important that we continue to educate ourselves about the past to ensure that these kinds of atrocities never happen again.

One of the many breathtaking moments in the museum at the end in the Hall of Names. Kelly Krause noted:

As you stand on a platform, pictures of 600 Jewish victims are above you and below the platform is a well. Around you there are binders that contain approximately 2.2 million pages of testimony about the more than 6 million Jews who perished in the Holocaust. Sadly the room is not full, recognizing that some of the names of those who perished have not been discovered..In this room I felt the impact and scale of the Holocaust far more than any museum, film, or book has made me feel before. Exiting this room, you once again walk into light, but this time it’s the light from the view of the State of Israel. This view of the Jewish state looks different than the one when you entered the museum, in more ways than one.

Before we left Yad Vashem we heard from Professor Amos Hausner, son of Gideon Hausner, the lawyer who prosecuted Adolf Eichmann. Professor Hausner spoke to the students about the trial, and international criminal justice reform. Steve Deguire reflected on one particular remark:

His father felt the prosecution and execution of Eichmann had not been successful because he saw no indications of a deterrence effect from the trial in preventing genocides…This statement remains true to this day with modern day genocides, (i.e. Myanmar, South Sudan, and Central Africa); the handful of prosecutions to actually occur will not be sufficient to deter genocide. The example provided by the Eichmann trial will remain a standard for the international criminal justice system when dealing with genocide.

Cross-posted at Indisputably.org

Israel Reflections 2019–A Visit to Palestine

By: Andrea K. SchneiderApril 7, 2019April 7, 2019International Law & Diplomacy, Marquette Law School, Mediation, Negotiation, PublicLeave a comment»

On Sunday afternoon, we headed to the West Bank aka Palestine, and again had an amazing new experience for me. It was also pretty impactful for the students as you will read below. We had with us for the entire afternoon, the very talented Riman Barakat, a Fulbright scholar who completed her studies at Marquette and perennial speaker to our group. As a native of East Jerusalem, Riman also serves as a Director for East Jerusalem and Palestinian Relations for Jerusalem Season of Culture. Continue reading “Israel Reflections 2019–A Visit to Palestine”