Alan J. Borsuk – Page 78 – Marquette University Law School Faculty Blog

Majority Opinion on “Obamacare” Doesn’t Lie in Either Extreme

Post author:Alan J. Borsuk
Post published:March 26, 2014
Post category:Health Care Marquette Law School Public

As is so often the case, the focus in news reporting on the fresh results of the Marquette Law School Poll, released on Wednesday, was on the race for governor, with Republican Gov. Scott Walker’s lead over Democratic challenger Mary Burke holding steady from the prior round of polling in January. (Walker led 48 percent to 41 percent this time, compared to 47 percent to 41 percent then.)

But there is a lot more in each round of polling, both results that shed richer light on voters’ views related to candidates and voters’ views on issues. Distinguished Fellow Mike Gousha looks at some of the former in his posting on this blog, which can be found by clicking here. Permit me to look at one aspect of the latter, the results related to the new federal health law, often called Obamacare — results which don’t get much time in the spotlight.

Professor Charles Franklin, director of the Marquette Law School Poll, pointed to one of the most interesting results related to health care in his discussion of the results with Gousha on Wednesday. Put simply: There isn’t much political mileage to be gained from being either strongly in favor or strongly opposed to the federal law. What the majority of those who were polled said they want is to keep the new law but improve it. Specifically, only 8 percent want to keep the law the way it is, only 18 percent want to see it repealed and not replaced. But 52 percent want it improved, while another 18 percent said they want it repealed but replaced with an alternative. That’s 70 percent who want a better plan than Obamacare, but still want a federal health care law (presumably in addition to or expanding on Medicare and Medicaid).

Burke Zings Walker, Touts Herself as Pro-Business Candidate

Post author:Alan J. Borsuk
Post published:March 25, 2014
Post category:Political Processes & Rhetoric Public Speakers at Marquette

Who’s the real pro-business, pro-jobs candidate in this year’s election for governor of Wisconsin? Mary Burke, who is mounting a major campaign as a Democrat, used an “On the Issues with Mike Gousha” program Tuesday in the Appellate Courtroom of Eckstein Hall to say it’s her.

Her visit provided her first public comments on her long-awaited economic development plan, which was released late Monday night. With the presumption that jobs and the economy will be the central issue, Burke said she’s the one with specific plans that will create a better business climate in Wisconsin.

Burke held up a four-page position paper on the subject from Walker’s 2010 race for governor and said, “I’ve seen eighth grade term papers that frankly had more work put into them.” She said that in terms of job creation, Wisconsin still ranked 35th in the country and ninth among 10 Midwestern states after three a half years of Walker as governor. Wisconsin also ranks 48th in business start-ups, she said, and she criticized the track record of the Wisconsin Economic Development Corp., which Walker created to succeed the state Commerce Department that Burke headed under Gov. Jim Doyle a decade ago.

Law Day Gives High Schoolers Glimpses of Lawyers in the Movies — and In Real Life

Post author:Alan J. Borsuk
Post published:March 19, 2014
Post category:Education & Law Marquette Law School Popular Culture & Law Public

If you are a typical high school student, where do you get your ideas on what attorneys do? Television and movies – that’s a pretty likely answer. So let’s role the tape and look at the reality of being a lawyer versus what the movies show.

For example, consider a clip from the 1998 movie, “A Civil Action.” After viewing it, Milwaukee Circuit Judge Carl Ashley’s reaction was, “It’s pretty sensationalized, but partly true.” Court rooms and law firms may not have movie-like drama often, but lawyers in real life do help people and can “make something right,” Ashley said.

In the movie, the lawyer played by John Travolta called some lawyers “bottom feeders.” But Marquette Law School Professor Rebecca Blemberg, a former prosecutor, said lawyers she has worked with almost all have been people who really want to help others, and a lot of people genuinely benefit from lawyers.

Milwaukee County Judge Joseph Donald said he wished some aspects of the movie were matched in real life. “I’d love to have theme music playing every time I’m in court,” he said.

And Marquette Law Professor David Papke said the real case that was the basis of “A Civil Action” didn’t turn out so well for the attorney for the plaintiffs – he tried to do the right thing and ended up filing for personal bankruptcy.

Joining the four in watching that movie clip (and several others) were 180 students from eight public and private schools that took part in Youth Law Day at Marquette Law School’s Eckstein Hall on March 12. The event was sponsored by the Law School, the Saint Thomas More Lawyers Society, and the Milwaukee County district attorney’s office. Even during their spring break week, about 20 Marquette Law students assisted during the mock trial and shared their educational experiences with the high school students. Law student Lindsey Anderson took a leading role in organizing the event.