Low Profile Cases Show Supreme Court at Its Best, Justice Kagan Tells Students

Look to United States Supreme Court cases that don’t make front-page news if you want to see the workings and qualities of the court at its best, Justice Elena Kagan suggested in a session with more than 225 Marquette Law School students Tuesday.

Asked by a student to provide reasons to have faith in a divided court that often votes predictably, Kagan said, “I think you should have that faith.” She called the court “an inspiring institution” whose members struggle conscientiously with difficult issues.

Kagan, who joined the court in 2010, visited the Law School to take part in judging the annual Jenkins Honors Moot Court Competition for students. She also took part in an “On the Issues with Mike Gousha” conversation for an hour, answering questions from Gousha, the Law School’s distinguished fellow in law and public policy, and from students.

Kagan, of course, did not discuss pending matters before the Court, but, in a wide-ranging and informal conversation, she discussed the way the Court works, her perspective as a woman lawyer, her personal background, and other matters.

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JAG Corps Work Can Be on the Battlefield as Well as in the Courtroom, Houck Says

What is the United States Navy looking for in the lawyers it selects for the Judge Advocate General’s Corps? Not surprisingly, Vice Admiral James W. Houck, Judge Advocate General for the Navy, answered, “We’re looking for good lawyers.” But, he added, a few other qualities are important: Being a good team player and being willing to take on difficult assignments, sometimes in difficult places.

Houck described the work of the JAG Corps and his own career at an “On the Issues” session Thursday with Mike Gousha, distinguished fellow in law and public policy at Marquette University Law School.

JAG Corps positions have become highly sought, especially in today’s difficult job market for lawyers, Houck said. He described the corps as “a world-wide law firm” with 2,300 employees. The initial commitment of a lawyer joined the corps is for four years, but more than 90% seek to serve longer. And “people stand in line” for assignments in a place such as Afghanistan, Houck said.

He said the JAG Corps has had a good association with Marquette and there have been at least seven Law School grads in the corps in recent years.

The role of lawyers in the Navy is far broader than many people realize. Members of the JAG Corps work both as prosecutors and as defense lawyers in military judicial proceedings and they provide legal help to members of the Navy and their families. But, Houck said, they are also involved in combat issues that put them on the frontlines of combat. Those issues can include advising commanders on what is a legally valid target or an acceptable risk of collateral damage. “Lawyers are integrated in ways people would never imagine,” Houck said.

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New Law School Poll Results: Romney Rebounds, Governor’s Race Is Tight

Former Massachusetts Governor Mitt Romney has rebounded strongly from a month ago among people expecting to vote in Wisconsin’s Republican presidential primary April 3, according to new results for the Marquette Law School Poll. In February, Romney trailed former Sen. Rick Santorum by 16 points in Wisconsin, but he now leads Santorum by eight points, 39% to 31%, the poll found.

Romney has also narrowed the gap between himself and Democratic President Barack Obama, if the presidential election were to be held today and they were the two major candidates. But Romney continues to trail Obama in Wisconsin – by five percentage points in the new poll, compared to 15 points a month ago – and Obama is ahead of other Republican candidates by 10 points or more.

The results of the third monthly round of the Law School’s year-long polling project show the looming recall election for governor remains very close. When all poll respondents were asked their preference in possible matchups, Republican Gov. Scott Walker led Democratic Milwaukee Mayor Tom Barrett by two percentage points, while Walker led Democratic candidate Kathleen Falk by four points.

Barrett has not announced yet if he will run. If he does, the poll indicated he would have more support than Falk among people intending to vote in a Democratic primary. If he does not, Falk would have a large lead over candidates such as State Rep. Kathleen Vinehout and Secretary of State Doug La Follette. The primary election for governor is expected to be held on May 8, with a final election on June 5.

The results of the polling, which was conducted from March 22 to 25, were released Tuesday at an “On the Issues with Mike Gousha” session at the Law School featuring Professor Charles Franklin, visiting professor of law and public policy and director of the poll. The video of that session can be viewed by clicking here. The full poll results can be viewed by clicking here. And a five minute video of Franklin being interviewed by Mike Gousha, the Law School’s distinguished fellow in law and public policy,  can be viewed by clicking here.

 

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