New Marquette Lawyer Sheds Light on Issues Shaping Today’s World

Marquette Lawyer Cover Summer 2025Marquette Lawyer is not a news magazine, strictly speaking. In fact, there is hardly anything left of news magazines in the United States. But that hardly means there isn’t a lot to learn about what is in the news. And the Summer 2025 issue of Marquette Lawyer certainly provides news in the sense of insights on several major current matters.

Start with Canada. No, we’re not interested in the controversies over making Canada part of the United States or trade policies between the two nations. But we are interested in understanding our neighbor to the north better, especially when it comes to its legal system, which is surely an appropriate focus for those involved in legal education and the law more generally.

That’s what brought the Hon. Suzanne Côté, a justice of the Supreme Court of Canada, to Marquette Law School to present the annual Hallows Lecture last academic year. “Roots of the Living Tree,” an edited version of her lecture, is the cover story of the magazine and offers insights into the premises and practices of Canadian constitutional law. The text may be read by clicking here.

While the Canadian legal system makes infrequent news in the United States, the rapidly developing world of artificial intelligence is in the news often. How to control problems connected to AI, such as false content known as “hallucinations” and copyright infringement, is a timely and important topic.

That brought Reuven Avi-Yonah, the Irwin I. Cohn Professor of Law and director of the International Tax LLM Program at the University of Michigan, here for the annual Robert F. Boden Lecture this past September. Avi-Yonah, one of the world’s most widely respected scholars on tax law, delivered a lecture, “Can Tax Policy Help Us Control Artificial Intelligence?” That became a major piece in this  issue, which may be read by clicking here.

The way Wisconsin handles decisions about setting boundaries for legislative districts has attracted national attention recently. The ups and downs of redistricting decisions have been both influential in shaping power in Wisconsin politics and difficult to follow. John D. Johnson, a researcher with Marquette Law School’s Lubar Center for Public Policy Research and Civic Education, is an expert on redistricting and what it has meant to Wisconsin politics. “The Boundaries of Law and Politics” is his richly detailed article describing the history of the subject. As redistricting continues to be in the news, Johnson’s guide to the subject provides valuable background. It may be read by clicking here.

Another issue that underlies much of the news in today’s world: the quality of judging and judges, from local courts to the highest courts in the land. “In Search of Humbler—and Wiser—Judgments” offers thoughts from Chad M. Oldfather, professor of law at Marquette University. Oldfather’s new book, Judges, Judging, and Judgment: Character, Wisdom, and Humility in a Polarized World, was published by Cambridge University Press. Oldfather also talks about good judgment in legal practice beyond the courtroom in this question-and-answer dialogue. It can be read by clicking here.

Marquette University’s new president, Kimo Ah Yun, has been in the news a lot. In a Lubar Center “Get to Know” program on January 17, 2025, Ah Yun told moderator Derek Mosley, director of the Lubar Center, and an audience of about 200 his powerful personal story, as well as some aspects of his vision for Marquette. The story of his “underdog” rise may be read by clicking here.

Over the years, ways to improve the outcomes of people being released from incarceration has been the subject of several programs at Marquette Law School. In December 2013, for example, Craig Steven Wilder, a professor of American history at the Massachusetts Institute of Technology, was interviewed by Mike Gousha, distinguished fellow in law and public policy, about Wilder’s book on how race and slavery issues were handled by some prominent universities.

In the audience was R. L. McNeely, L’94, a retired professor at the University of Wisconsin–Milwaukee. At a lunch afterwards for a small group, the conversation turned to Wilder’s involvement in a program aimed at helping educate incarcerated people.

McNeely followed up by starting to work on creating such a program in Wisconsin, involving Marquette and ultimately several other universities. It took years for the idea to become reality, and McNeely, who died in 2020, did not live long enough to see that happen. “From Conversation to Dream to Idea to Reality” describes the origins of the idea and the determination of McNeely and several others, including faculty in Marquette University’s Klingler College of Arts and Sciences, to launch what is now known as the McNeely Prison Education Consortium. The article may be read by clicking here.

“Good Neighbors”—that’s the headline on an article about changes in the immediate vicinity of Eckstein Hall, the Law School’s home. The changes include a new pastor at the Church of the Gesu, Rev. Michael Simone, S.J., and a largescale renovation of sections of the church building; the $42 million renovation and expansion of Straz Hall, making it the new home of the College of Nursing under the continued leadership of Dean Jill Guttormson; and the vision of a new director, John McKinnon, at the Haggerty Museum of Art. The Law School community welcomes all three good neighbors. The article may be read by clicking here.

In early 2025, John T. Chisholm stepped down after 18 years as Milwaukee County district attorney and more than three decades of service in the office and is now a senior lecturer at the Law School. In an essay, “A New Venue for Kindling the Fire for Lawyers to Serve Others,” Chisholm offers his perspective on his new role. It can be read by clicking here.

John Novotny recently retired after almost 20 years working on behalf of the Law School and longer service yet to Marquette University. In remarks at Novotny’s retirement reception, Law School Dean Joseph D. Kearney praised Novotny for more than his success in raising funds. Novotny embodies the vision of Jesuit education, Kearney said. The text of his remarks may be read by clicking here.

In his column, titled “Speaking Just for Myself,” Dean Kearney reflects on his approach to aspects of his office. His column may be read by clicking here.

Finally: the Class Notes describe recent accomplishments of more than 40 Marquette lawyers, including Byron B. Conway, L’02, who was recently sworn in as a federal judge serving the Green Bay Division of the U.S. District Court for the Eastern District of Wisconsin. The notes may be read by clicking here, and the back cover (here), through two examples, spotlights the impressive record of Marquette law students serving in pro bono and public service roles.

The full magazine may be read by clicking here for the PDF or here for the “interactive” version.

Continue ReadingNew Marquette Lawyer Sheds Light on Issues Shaping Today’s World

With Many Voters Still Undecided, Videos of Lubar Center “Get to Know” Programs of Supreme Court Candidates Can Help

Seal of the Supreme Court of WisconsinA problem, before a solution: The problem is that a large number of registered voters in Wisconsin do not know enough about or do not have an opinion of the two candidates running in the April 1 election for a seat on Wisconsin’s Supreme Court. Results of the Marquette Law School Poll released on March 5 found that 38 percent of voters do not have an opinion about Brad Schimel, former Wisconsin attorney general and now a Waukesha County circuit judge, and 58 percent do not have an opinion about Susan Crawford, a Dane County circuit judge. The two are squaring off in what some commentators have called the most important election underway currently in the United States.

One of the current justices, Ann Walsh Bradley, is retiring after 30 years of serving on the court. That means that the outcome of the formally nonpartisan race between Crawford, who is strongly backed by Democrats, and Schimel, who is strongly backed by Republicans, is regarded as likely to have decisive impact on several major upcoming cases before the court. Yet, with election day approaching quickly, the candidates have not established their identity with many voters.

The solution is two “Get to Know” programs at Marquette Law School, hosted by Derek Mosley, director of the Lubar Center for Public Policy Research and Civic Education, in which Crawford and Schimel talked about who they are and what they stand for. The public conversations, on February 18 with Schimel and Feb. 28 with Crawford, provide good looks at the candidates in a format that is welcoming. And each is available online (see links at the end of this post).

Both candidates talked about their personal stories. Schimel was born in West Allis, grew up mostly in Waukesha County, and was a long-time prosecutor in Waukesha County, including a run as district attorney. Then he was elected Wisconsin attorney general, serving 2015–2019. Crawford grew up in Chippewa Falls. She was hired by Jim Doyle, then the attorney general of Wisconsin, to work in the state justice department and subsequently worked as a lawyer for the state Department of Corrections and the Department of Natural Resources before becoming chief legal counsel to Doyle while he was governor. She also was in private practice as a civil litigator before becoming a judge in 2018.

Mosley asked Schimel why he was running for the Supreme Court. “I watched what happened in 2023,” he said, when Judge Janet Protasiewicz defeated former Supreme Court Justice Daniel Kelly in the most expensive judicial race in American history. That swung the balance of the court to the side widely considered more liberal and led to rulings such as reopening work on legislative district boundaries in Wisconsin. Schimel said that Protasiewicz gave her opinion of some legal issues during the campaign. He said that justices need to have an open mind on issues “until the last word is said.” He described himself as “a judicial conservative” and said that, for a justice, “the foundation of what you do is you don’t make law.”

In her conversation with Mosley, Crawford said that “My judicial philosophy is pragmatism” and that, as a judge, her goal is to apply the law fairly and impartially. “I don’t look at judicial issues as abstract principles,” she said. She said her broad experience in many areas of the law makes her “exceptionally well qualified” to serve on the Supreme Court. “I’m running to be a fair and impartial justice on the Supreme Court,” she said.

At a time when large numbers of registered voters say they don’t know enough about either of the candidates, the “Get to Know” label for a series of Lubar Center programs is particularly apt. The one-hour video of the Feb. 18 conversation with Judge Schimel may be viewed by clicking here. The one-hour video of the Feb. 28 conversation with Judge Crawford may be viewed by clicking here.

Continue ReadingWith Many Voters Still Undecided, Videos of Lubar Center “Get to Know” Programs of Supreme Court Candidates Can Help

Kimo Ah Yun Describes His Path to Marquette’s Presidency—and the Path to Marquette’s Future

Kimo Ah YunKimo Ah Yun calls his personal history an “underdog story.” He was one of the large number of young people across the United States who had the ability to do big things, but who came from circumstances where doing them was rare.

A child of parents who did not graduate from high school, a native of low-income Compton, Calif., someone who learned lessons about life from pumping gas. He became a first-generation college graduate who didn’t really know what grad school was, but who had mentors who put him on paths to a master’s degree, a doctorate, a professorship, a deanship, a provostship, and, now, the presidency of Marquette University.

Ah Yun thinks about all those who didn’t make it the way he has. During a “Get to Know” program at Marquette Law School’s Eckstein Hall on Jan. 17, he described his own path. “I never expected to be sitting in this chair next to you,” he told the program’s moderator, Derek Mosley, director of the Law School’s Lubar Center for Public Policy Research and Civic Education. But Ah Yun added, “I think about all the people who could have had that opportunity, and for some reason could not see it.”

He recalled a woman who was a schoolmate of his. She was “a phenomenally brilliant person,” he said. “She was smarter than every one of us in school,” he said. “But she never saw it. . . . If you don’t see the pathway, you can never get there. She could have done anything she wanted to, but she did not ever see a pathway for her.”

One of his roles as the 25th president of Marquette is to help more people get on that pathway and to help all students, regardless of their backgrounds, to become the best people they can be. To Ah Yun, that is the heart of Catholic, Jesuit education and the heart of what he was inspired to do by his close friend and predecessor as president, Michael Lovell, who died in June 2024.

Ah Yun told an audience of about 200 that getting an education so you can get a job is important, but that’s far from all Marquette wants its students to set as a goal. Jesuit education means “changing fundamentally who you are as a person and how you interface with the world.” It means making sure you have a moral compass that tells you what is right and what is wrong. It means growing to be someone who cares about others and who is engaged in helping others. “A Jesuit education, to me, is positioning you to have a great life” and to make everyone around you better, Ah Yun said.

Of all the universities in America, Marquette, he said, has the highest percentage of students who are involved in public service. That was at the top of Ah Yun’s list of positive things about Marquette. Asked by Mosley what he most relishes about his job as president of Marquette, Ah Yun said, “Telling our story. We have a great story.”

But he also said that, like all universities, Marquette is facing headwinds as the world of higher education changes, including demographic trends that point to a smaller pool of students in coming years. “We’re going to have rethink things,” he said. While still focusing on students, Marquette is going to have to pull back on some things. For colleges as a whole, including Marquette, there will be “hard decisions, hard times, very disruptive,” Ah Yun said. He pointed to colleges in the United States that have closed in the last several years and mentioned Cardinal Stritch University in Fox Point as one of them.

Ah Yun’s path to Marquette is in itself a colorful story, even without reference to his challenging earlier years. He had been a professor in communications for two decades at California State College, Sacramento, where he got his bachelor’s degree. “I never thought I would ever leave there because it was home,” he said. But he was contacted by representatives of a search firm that was aiming to find a new dean for Marquette’s Diederich College of Communication. He put them off, saying he wasn’t interested. But they were persistent. They convinced him to at least visit Marquette. He agreed but, he said, “I didn’t bring a suit,” because he didn’t intend to take the job. And the night before his interview, he went to a Marquette basketball game rather than prepare for the next day’s session.

He described aspects of his conduct during the interview as somewhat “snarky.” He said, “I wasn’t trying to impress anyone.” But he was invited back for a second interview. He told the search firm representative he had no interest in the job and had a lot of personal reasons to stay in California. But they convinced him to come back and to bring his wife along. He began to take it more seriously.

The key turning point was when Ah Yun was taken to meet Lovell. “He was inspiring,” Ah Yun said. “We were aligned in thinking about a student-centered university that was focused on transforming the lives of our students.” His attitude changed, “I knew I could come work for Mike,” he said. And it went beyond that: “I said I could be a better person if I worked with a guy like that.”

Ah Yun became the communication dean and later the interim provost of the university and then the provost in 2019. After Lovell died, Ah Yun was named interim president and, in November 2024, in his ninth year with Marquette, he was named president.

Marquette needs to stick to its core competencies, he said. It’s not a university that aims to succeed by building online education. It’s an in-person university. “We engage and transform people,” he said. Marquette’s leaders will need to do things ahead that show how they care for the institution itself—but also show that the university has “a foundation where we teach people to love one another.”

Video of the one-hour conversation with Ah Yun may be viewed by clicking here.

Continue ReadingKimo Ah Yun Describes His Path to Marquette’s Presidency—and the Path to Marquette’s Future