Celebrating a Scholar’s Life

Walter Weyrauch, Stephen C. O’Connell Chair and Distinguished Professor of Law at the University of Florida, passed away last fall after more than a half century of faculty service at UF Law School.  A memorial service — quite a warm and joyous reminiscence and celebration of Walter’s life and work — was held last month in Gainesville. My admission ticket was courtesy of my wife, Professor Alison Barnes, for whom Walter was a mentor and co-author, as well as a dear friend.

What prompts me to write about the memorial service was one particular theme that almost every speaker emphasized. Walter was scholar to his core, an indefatigable reader, and a highly original thinker. Quite importantly in terms of his scholarship, Walter had a key insight.

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Judicial Campaign Talking Blues, Part 1

March law review madness has pretty much kept me from getting my blog on, so I have a whole slew of pontification on back order.

One of the things I am wondering about is campaign rhetoric in judicial elections. We all hate it, but why?

I have been thinking about it through the lens offered by one of my favorite law school professors, Duncan Kennedy. He said that there were two species of error in the way that non-lawyers think about the law. One is lay cynicism — the idea that judges do whatever they want to and that judging was just politics by another name. (There was, of course, a sense in which Duncan believed this — probably still does — but it was at a structural rather than decisional level.) 

One of the things that I think we hate about many judicial campaign ads is that they appeal to this lay cynicism.

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Congratulations to the Winners of the Jenkins Competition

The finale of this year’s Jenkins Moot Court Competition took place this evening, in the spectacular ceremonial courtroom of the Federal Courthouse.

Each of the four competitors who advanced from the semifinals, Alyssa Dowse and Timothy Sheehey, and Jessica Farley and Brent Simerson, gave a terrific performance.  The panel of judges (Judge Lynn S. Adelman presiding in his own courtroom; Wisconsin Supreme Court Justice Patience D. Roggensack; and North Carolina Court of Appeals Judge and Marquette alum James Wynn Jr.) was active in its questioning of both teams, but the advocates stood their ground at every turn.  I would have had a very difficult time ranking the competitors, were I on that panel.

After the arguments were complete and the scores were calculated, the winners were the Petitioners, Alyssa Dowse and Timothy Sheehey.  At the reception afterwards, in addition to recognizing the first- and second-place teams, Dean Kearney announced the other two prizes in the competition.  This year’s Ramon A. Klitzke Prize for Best Oral Advocate went to Alyssa Dowse.  Finally, the Franz Eschweiler Award for Best Brief was shared by teammates Joseph Brydges and Timothy Hassel.

Congratulations to the first-place and second-place teams, the Best Oral Advocate, and the team that wrote the Best Brief.  Indeed, congratulations to all of the students who had the honor of participating in Jenkins. And many thanks to the moot court board and executive board members and the faculty, staff, and alumni of the law school who helped with the competition.  As the Dean noted at the reception, it was especially gratifying to see so many alums of the moot court program at the argument this evening.

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