New Marquette Lawyer Magazine Examines War Powers, State Supreme Court Elections, Legal Scholarship Ethics, and More

The bald eagle symbolizes the strength of the United States, not least when the country uses its military power. The eagle on the cover of the Marquette Lawyer magazine, Fall 2018 issue, shows the determination, even the fierceness, of the eagle during times of war.

But the process involved in deciding where and how that eagle flies is more complex than many people may realize. In the cover story in the new Marquette Law School magazine, David J. Barron, judge of the U.S. Court of Appeals for the First Circuit and formerly a Harvard Law School professor, insightfully examines three chapters in American history when a president and leaders of Congress had differing positions on use of power. Barron focuses on three of the nation’s most revered presidents: George Washington, Abraham Lincoln, and Franklin D. Roosevelt. The article is an edited and expanded version of the E. Harold Hallows Lecture that Barron delivered at the Law School in April 2018. To read the article, click here.

Interspersed throughout the article are reactions by three individuals with different perspectives on the relationship between Congress and the commander-in-chief: Russ Feingold, former three-term U.S. senator from Wisconsin and currently distinguished visiting lecturer in international studies at the University of Wisconsin–Madison; Julia R. Azari, associate professor of political science at Marquette University and a scholar of the American presidency; and Benjamin Wittes, editor in chief of Lawfare and senior fellow in governance studies at the Brookings Institution.

Barron’s article, together with the reactions, is only one of the thoughtful and thought-provoking pieces in the new Marquette Lawyer. Elsewhere in the magazine:

Have Wisconsin Supreme Court elections become more partisan in the last several decades? Many people assume so. But what are the facts? In an analysis of data on elections, Charles Franklin, the Law School’s professor of law and public policy, provides a research-based perspective that there is, indeed, a growing pattern in which voting in supreme court elections aligns with voting in partisan elections. To read Franklin’s analysis, click here.

Chad Oldfather, professor of law at Marquette and associate dean for academic affairs, is a strong advocate for ethically sound standards in legal scholarship. His exchanges on that with colleagues from around the country led to his convening, together with fellow professors Paul Horwitz (University of Alabama) and Carissa Byrne Hessick (University of North Carolina), a roundtable conversation involving 11 experts over two days at Marquette Law School in Fall 2017. A set of stories, some drawing from the most recent issue of the Marquette Law Review, describes the goals of the session, provides excerpts from the proceedings, and offers a draft of the statement that emerged on basic norms of ethical legal scholarship. Also in the set of stories is one of the papers that was offered at the forum in which Hessick discusses the pros and cons of law professors’ use of Twitter. To read the set of stories, click here.

There are five strong reasons to read the “From the Podium” section of the magazine, namely:

  • “The Additional Costs of Conviction,” an edited excerpt from the George and Margaret Barrock Lecture on Criminal Law delivered last year at Marquette Law School by Gabriel “Jack” Chin, who holds the Edward L. Barrett Chair of Law and is the Martin Luther King Jr. Professor of Law at the University of California, Davis.
  • “In Pursuit of a Cause I Really Care About,” which offers edited excerpts of remarks by James Sandman, president of the Legal Services Corp., at the Law School’s Gene and Ruth Pro Bono Exchange and Pro Bono Society Induction Ceremony in Spring 2018.
  • “Innovation Without Patents: FDA Regulation and Insurance Coverage of Diagnostic Genetic Testing,” an edited excerpt from the 2018 Helen Wilson Nies Lecture on Intellectual Property at Marquette Law School by Rebecca S. Eisenberg, the Robert and Barbara Luciano Professor of Law and the University of Michigan Law School.
  • “An ‘Unplanned’ Career Reaches Legal Heights,” in which Goodwin Liu, associate justice of the California Supreme Court, makes observations about his career during an “On the Issues with Mike Gousha” program at the Law School.
  • “Knowledge Is Great, but You Need to Listen,” the remarks of Mike Gousha, the Law School’s distinguished fellow in law and public policy, at the graduation ceremony in May 2018 of the Marquette College of Education.

To read all five pieces, click here.

Two important continuing focal points for programs at the Law School—the future of the Chicago ”megacity” and regional water policy—were joined in one conference in April 2018 at the Law School, titled “Lake Michigan and the Chicago Megacity in the 21st Century.” Comments from experts at the event are featured in “An Eye on the Horizon.” Click here to read the story.

Marquette Law School honored five alumni at its annual alumni awards event in April 2018. The five are William “Bill McEssy, L’64, who received the Lifetime Achievement Award; U.S. District Judge William Griesbach and U.S. Circuit Court Judge James Wynn, classmates (L’79) recognized as Alumni of the Year; Julie Darnieder, L’78, who received the Howard B, Eisenberg Service Award; and Jessica Kumke, L’08, who received the Charles W. Mentkowski Sports Law Alumna of the Year Award. To read excerpts from their remarks, click here.

The Class Notes section of the magazine includes profiles of Janet Protasiewicz, L’88, a circuit judge in Milwaukee County, and William R. Drew, L’66, who served Milwaukee in several major positions, including commissioner of city development and director of the development of the Milwaukee County research park in Wauwatosa. To read the Class Notes section, click here.

The Law School News pages include stories on Atiba Ellis, a professor of law new to Marquette but an accomplished scholar of voting rights; Matthew Mitten, professor of law and executive director of the National Sports Law Institute at Marquette Law School, who was honored by the National Athletic Trainers Association; the success of the Legal Writing Institute conference in July 2018 at Eckstein Hall, which was led here by Professors Alison Julien and Susan Bay and brought more than 400 professors to Milwaukee; Megan Twohey, a New York Times reporter who coauthored Pulitzer Prize-winning stories on sexual misconduct by entertainment mogul Harvey Weinstein and who was interviewed at an “On the Issues With Mike Gousha” program; and recognition given by the Law School Admissions Council for Marquette Law School’s diversity efforts. Professor Alan R. Madry offers a fond remembrance of J. Gordon Hylton, a longtime member of the Law School faculty who died in May 2018. To read the Law School News section, click here.

“From the Dean,” offering thoughts from Joseph D. Kearney, is titled “Of Reason, Experience, and Politics” and ranges from Scalia to Tennyson in introducing the magazine. It is a single page, but how could I possibly summarize it? Read the column by clicking here.

Better yet, start with the eagle on the cover and read the magazine in its entirety by clicking here.



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