Our February Bloggers Are Here!

Posted on Categories Alumni Contributor, Marquette Law School, Public, Student Contributor, UncategorizedLeave a comment» on Our February Bloggers Are Here!
Headshot of attorney Jamie Yu.
Attorney Jamie Yu

February is upon us, and it is time to welcome our Guest Bloggers of the Month.

Our Alumni Blogger of the Month for February is Jamie Yu, Vice President and Associate General Counsel at Robert W. Baird & Co. Incorporated. Ms. Yu joined Baird’s legal department as an intern in 2013 and joined the Baird legal team full time in 2015. Ms. Yu’s primary areas of responsibility include advising Baird’s Fixed Income Capital Markets and Investment Banking business and providing general legal counsel to a variety of areas throughout the firm, including data privacy. Prior to joining Baird, Ms. Yu worked for three years in Taiwan as a legal assistant and translator. Ms. Yu received her J.D. from Marquette University Law School in 2015, where she was the editor-in-chief of the Marquette Intellectual Property Law Review, an Academic Success Program leader, an admissions ambassador, and a Student Bar Association student mentor. She received her B.A. in political science and international studies from Case Western Reserve University in 2009.

Stduent Scott Lyon, dressed in a suit, stands in front of a bookcase holding law books.
Scott Lyon

Our Student Blogger of the Month for February is Scott Lyon.  Scott is currently a 3L at MULS. He graduated from Emory University with a BA in Economics in 2013. Before law school, Scott taught at-risk youth at a high school in Cook County, IL. Scott currently participates in the MULS Prosecutor Clinic. He interned at the Governor’s Office of Legal Counsel through the MULS Supervised Fieldwork Program in 2018 and spent the summer of 2017 in the Marinette County Circuit Court, Branch 2, clerking for Judge James Morrison. Scott focuses his studies on criminal law and litigation. He is the President of the MULS Student Chapter of the Federalist Society, and he participated in the Jenkins Honors Moot Court Competition. Scott is proud to attend MULS with his younger brother, Eric Lyon, who is also currently a 3L.

Please join me in welcoming our Guest Bloggers.  We look forward to your posts.

Welcome Our January Bloggers!

Posted on Categories Alumni Contributor, Marquette Law School, Public, Student Contributor, UncategorizedLeave a comment» on Welcome Our January Bloggers!
Headshot of attorney Daniel Murphy standing in front of a window.
Attorney Daniel Murphy
Student Foley Van Lieshout

We start off the new year with two guest bloggers.

Our Student Blogger for the month of January is Foley Van Lieshout. Foley is a current 1L at Marquette University Law School. She graduated cum laude from Lawrence University in June 2018. She majored in English with a minor in Creative Writing. Ten of her relatives attended Marquette University Law School, but she is the first guest blogger of the family. Foley hopes to focus her studies on criminal law and litigation while at Marquette. She is currently a member of the MULS Association for Women Lawyers and the Federalist Society.

Our Alumni Blogger for the month of January is Daniel Murphy, a recent graduate of Marquette University Law School. Dan provides the following self-introduction:

“After graduating from Marquette Law School in 2016, I was hired  by the Milwaukee County District Attorney’s Office.  I had participated in the Prosecutor Clinic there working in the Violent Crimes Unit on Drug Team 1 assigned to Judge Timothy Witkowiak’s court. As a newly minted Assistant District Attorney I was fortunate to start in that same position. Judge Witkowiak rotated in January of 2017.  Since that time, I’ve practiced in front of Judge Janet Protasiewicz.  As a member of the Drug Unit, I prosecute felony level drug and gun crimes. My job mainly consists of charging cases, reviewing search warrants, providing discovery, and litigating motions and trials.  My case load fluctuates but is typically around 90 cases. In addition to my normal responsibilities, I’m lucky to have had the opportunity to work closely with a group of officers assigned to the Milwaukee Metropolitan Drug Enforcement Group. Those officers work longer term, more complex investigations.  Through that portion of my work I’ve rode along with officers for take downs and search warrants, I work with the officers on planning investigations, and I help wade through legal issues that crop up during the investigations. I thoroughly enjoy being an ADA in the Violent Crimes Unit.  The work is challenging and exciting.  My colleagues at the DA’s office are excellent attorneys and supportive teammates.  I’ve learned an enormous amount about criminal prosecution in my short time there. My personal life has also seen a significant change since graduating law school with the birth of my son, our first.  And life continues to get more (happily) complicated as my wife and I are expecting our second child, a girl, any day now.  We are very happy with our small but growing family and fortunate to have the support of many close friends and family.”

Welcome! We look forward to starting off 2019 with your posts.

On Originalism and the First Amendment

Posted on Categories Civil Rights, Constitutional Interpretation, Constitutional Law, First Amendment, Political Processes & Rhetoric, Public, U.S. Supreme CourtLeave a comment» on On Originalism and the First Amendment

Political cartoon from 1888 showing little demons with names like "garbled News," "Paid Puffery," and "Boastful Lies" emerging from the mouth of a printing press.
The Evil Spirits of the Modern Daily Press (Puck Magazine 1888)

On October 18, 2018, I participated in a presentation entitled “Free Speech and Originalist Jurisprudence” at the University of Wisconsin-Stout along with Professor Alan Bigel (UW-Lacrosse).  The event was part of Free Speech Week sponsored by the Center for Study of Institutions and Innovation.  What follows is a copy of my prepared remarks.

“In December 1783, George Washington gave a toast at a dinner celebrating the formal dissolution of the Revolutionary Army.  He did not use his toast to offer a tribute to individual liberty.  Nor did he sing the praises of limited government.  Instead, his toast was a simple expression of what he hoped the future would bring to our new nation. He raised his glass and he said: “Competent powers to Congress for general purposes.”

I wrote that in a 2012 blog post, and I received an immediate and angry response from a lawyer who denied that George Washington ever said such a thing, and who rejected the idea that George Washington ever supported a powerful national government.  This well documented historical fact did not fit within the reader’s understanding of the original intent of our U.S. Constitution — and therefore the reader simply could not believe that the quotation could be accurate.

The response of this reader reflects the fact that, for many persons, originalism is primarily a culturally expressive theory – a theory that expresses a culture that reflects conservative political views, moral traditionalism, and a tendency towards libertarianism. (Jamal Greene, Nathaniel Persily & Stephen Ansolabehere, “Profiling Originalism,” 111 COLUMBIA L. REV. 356, 400-402 (2011)).

However, originalism as a theory was not invented in order to provide a vehicle for cultural expression.  Instead, the goal of originalism is to provide an interpretive method for objectively defining the meaning of the U.S. Constitution.

Originalism is an interpretive theory that understands a legal text to retain the meaning it had at the moment when it was enacted or ratified, until such time as the law is amended or repealed. (Chris Cooke, “Textualism is Not Strict Constructionism is Not Originalism,“leastdangerousblog.com, July 8, 2018).  It holds that the discoverable public meaning of the U.S. Constitution at the time of its initial adoption should be regarded as authoritative for purposes of later constitutional interpretation. (Keith Whittington, “Originalism: A Critical Introduction,” 82 FORDHAM L. REV. 375, 377 (2013)).

There is an abundant historical record supporting the conclusion that the United States Constitution was promoted by a core group of political leaders in order to strengthen the national government, and that the Constitution was understood by the people during the ratification debate to do just that.

In rejecting this historical record, the lawyer who responded to my blog post revealed that he was more devoted to his favored myth of original meaning than he was to objectively weighing the available evidence of actual meaning. Continue reading “On Originalism and the First Amendment”

Meet Our December Guest Blogger

Posted on Categories Alumni Contributor, PublicLeave a comment» on Meet Our December Guest Blogger

Photo headshot of attorney Nicole Muller.We are pleased to welcome Nicole Muller as our Alumni Blogger for the month of December.

Attorney Nicole A. Muller, of Birdsall Law Offices, S.C., graduated from Marquette University Law School in May 2018, and now spends her hours zealously advocating for her clients as a private criminal defense attorney. Before coming to Milwaukee, she received a Bachelors Degree in Political Science and Studio Art from The Catholic University of America and a Masters Degree from Columbia University. During her time at Marquette, Attorney Muller worked on issues surrounding the impact  that cash bail programs have on Milwaukee’s and Wisconsin’s  urban poor, as well as ways to address racial discrepancies in American courtrooms.  A native of New York,  Attorney Muller states that she decided to stay and practice law in Wisconsin because “the beer was just too good to leave behind . . . oh, and due to the serious issues that need to be addressed within the criminal ‘justice’ systems of Milwaukee and greater Wisconsin.”

We look forward to reading your posts!

Meet Our November Bloggers

Posted on Categories Alumni Contributor, Marquette Law School, Public, Student Contributor, UncategorizedLeave a comment» on Meet Our November Bloggers

Headshot photo of law student Emily Gaertner
Emily Gaertner

Headshot photo of attorney Alen Lagazo
Alen Lagazo

We are happy to have two guests submitting blog posts during November.

Our Student Blogger of the Month is Emily Gaertner.  Emily is a 3L at Marquette University Law School.  She is Chief Justice of the Marquette Moot Court Association and Vice President of the Legal Writing Society.  During her time at Marquette Law School, Emily has competed in the Jenkins Honors Moot Court Competition, and will represent Marquette Law at the National Moot Court Competition.  Emily has also interned for Judge Paul Reilly at the Wisconsin Court of Appeals, District II, and currently interns for Judge Diane Sykes at the U.S. Court of Appeals for the Seventh Circuit.  Emily serves as a Student Ambassador and tour guide, and volunteers her time at the Domestic Violence Injunction Clinic.  Prior to coming to law school, Emily graduated from Indiana University of Pennsylvania in 2015 and earned a dual baccalaureate in philosophy/pre-law and criminology.

Our Alumni Blogger of the Month is Alen Lagazo.  Ioua Alen Marcyn Lagazo (“Alen”) serves as Compliance Counsel to CNH Industrial, a leading global manufacturing company for industrial equipment. In addition, he is a board member and co-Director of Social Media and Marketing for BYU Alumni Association – Chicago Chapter.

He is a 2018 graduate of Marquette University Law School, where he completed internships at SoftwareONE, BloodCenter of Wisconsin, BP Peterman Law Group, and CNH Industrial. He is a 2014 graduate of Brigham Young University, where he focused on international studies and business management. For 26 months between 2009 and 2011, Alen served a full-time voluntary assignment as a missionary for the Church of Jesus Christ of Latter-day Saints. Prior to that, in 2007, he received his Eagle Rank from the Boy Scouts of America.

Ioua Alen Marcyn has been married to Glenna for 6 years and together they have a daughter, Hermione, born just before entering law school. He enjoys spending time with his family, coaching his daughter’s soccer team, entertaining guests and networking. He also volunteers as an adult leader for the youth program for the Church of Jesus Christ of Latter-day Saints.

Welcome Emily and Alen!

Our Student Blogger This Month

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Headshot photo of law student Yamilett Lopez.Our Student Blogger for the month of October is Yamilett Lopez.   Yamilett is a 3L at Marquette University Law School and President of the Organization for Student Wellbeing. During her three years at Marquette Law School, Yamilett has been involved in a wide range of activities and organizations, including serving as a tour guide, being Comment Editor for the Marquette Law Review, and volunteering her time at the Marquette Volunteer Legal Clinic. Prior to law school, Yamilett graduated summa cum laude from Marquette University in 2017 and received a Bachelor of Arts in political science with a minor in marketing.

Yamilett’s first post is on the way!

Welcome Our Student Blogger for September

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Photo headshot of law student Jose Lazaro.Please join me in welcoming Jose Lazaro, our Student Blogger of the Month for the month of September.  Here is how Jose introduces himself:

I was born and raised in Puerto Rico where my entire family still resides. At age fourteen I was given the opportunity to play baseball at a boarding school in Philadelphia. I then moved to Florida, where I got drafted by the New York Yankees after my senior year of high school. Instead of pursuing professional baseball I chose to be a student-athlete and went on to play four years of college baseball. After battling injuries, my baseball career finally ended after shoulder surgery and an unsuccessful two-year long rehab attempt. I am now a second-year law-school student here at Marquette University pursuing a number of interests and focused on acquiring a set of skills that will allow me to have a positive impact on the lives of others and the community at large. This past summer I interned at Harley-Davidson, and I will be a summer associate at a Milwaukee law firm this upcoming summer 2019.

Thanks, and we look forward to your posts.

10 Things You Didn’t Know About Study Abroad Opportunities at MU Law

Posted on Categories International Law & Diplomacy, Legal Education, Marquette Law School, Public, UncategorizedLeave a comment» on 10 Things You Didn’t Know About Study Abroad Opportunities at MU Law

The interior of a classroom as Professor Pablo Rueda-Saiz stands at the front of the class and studdents sit attentively in their seats.
Professor Pablo Rueda-Saiz teaches Comparative Constitutional Law in Giessen, Germany

  1. An Orientation Session about your study abroad opportunities during law school, with important deadlines, will take place Thursday September 6 at 12:15 pm in Room 257 of the Law School.
  2. The shortest study abroad opportunity takes place over Spring Break 2019 and is a component of Professor Schneider’s International Conflict Resolution class.  The class will travel to Israel and study the Israeli-Palestinian conflict first hand.
  3. The month long Summer Session in International and Comparative Law, scheduled to take place in Giessen, Germany Saturday July 20 through Thursday August 15, 2019, includes multi-day field trips to Berlin and Hamburg.  In Hamburg this past summer, MU students danced until dawn and then had breakfast at the Fish Market as the sun rose.  Apparently, its a thing.
  4. MU Law regularly hosts exchange students visiting for an entire semester from the University of Comillas in Madrid, the University of Copenhagen, and the University of Poitiers  in France.  Oddly enough, these students find Milwaukee to be an exotic locale.
  5. At the same time, MU Law students have the opportunity to spend one or more semesters of their legal education as a visiting law student in Madrid, Copenhagen, or Poitiers.  We definitely get the better of that deal.
  6. Professor Sorcha MacLeod, who teaches in the Summer Session in Giessen, Germany, is an expert in the law of armed mercenaries.  And I thought I was cool because I teach Con Law.
  7. You can explore the Study Abroad homepage on the Law School website, however updated information for 2019 will not be available online for a few weeks.
  8. After teaching in Germany for 6 summers, I have come to the conclusion that the words “German” and “pizza” should never be used in the same sentence.
  9. Things you learn teaching Comparative Constitutional Law: the first two words of the German Constitution are “human dignity,”  while the U.S. Constitution did not originally mention human rights at all.
  10. Did I mention that an Orientation Session will take place Thursday September 6 at 12:15 pm in Room 257 of the Law School?

 

Emoluments, Textualism and Original Intent

Posted on Categories Constitutional Interpretation, Constitutional Law, Legal History, Public1 Comment on Emoluments, Textualism and Original Intent

A wooden judge's gavel lies atop of a copy of the United States Constitution.The ongoing refusal of President Donald Trump to both reveal the specifics of his personal finances and to decline any income from sources outside of his official salary as President has brought renewed attention to the Emoluments Clauses of the United States Constitution.  There are two such clauses, which state as follows:

The Foreign Emoluments Clause prohibits any “Person holding any Office of Profit or Trust” from accepting “any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State,” absent “the Consent of the Congress.” U.S. Const. art. I, §9, cl. 8.  The Domestic Emoluments Clause entitles the President to receive a salary while in office and forbids him from “receiv[ing] within that Period any other Emolument from the United States, or any of them.” U.S. Const. art. II, §1, cl. 7.
The meaning of these two provisions has become the subject of public debate and also litigation.  In one leading case, the State of Maryland and the District of Colombia have sued Donald Trump for violating these constitutional provisions.  They are suing for declaratory and injunctive relief which would compel President Trump to comply with the terms of the Constitution. Continue reading “Emoluments, Textualism and Original Intent”

First Looks Can Be Deceiving in Giessen, Germany

Posted on Categories International Law & Diplomacy, Legal Education, Marquette Law School, Public, UncategorizedLeave a comment» on First Looks Can Be Deceiving in Giessen, Germany

A plate of gelato ice cream shaped like spaghetti noodles and covered in red sauce.To the left you can see a photo that seems to show a plate of spaghetti noodles topped by some sort of strawberry sauce.  However, first looks can be deceiving.  This is actually a photo of a popular type of gelato, called “spaghetti eis,” that is served at the Cafe San Marcos and at numerous other locations in Giessen, Germany.

Similarly, if you were to walk around the campus of Justus Liebig University for the next three weeks, you would undoubtedly see a large group of students laughing and talking as they make their way to and from classes.  You might even assume that these are German law students attending a summer session.  However, once again first looks can be deceiving.

These students currently enjoying the warm and sunny weather are actually over 40 law students who have gathered in Giessen from the United States and across the globe to participate in the Summer Session in International and Comparative Law co-hosted once again by the Marquette University Law School and our partners the University of Wisconsin and Justus Liebig University.  There are 14 students attending from the United States and a variety of other countries represented including Brazil, Poland, Egypt, Portugal, Belgium, Macedonia, Italy and Vietnam, to name a few.

At this stage of the program, the students have finished a week of classes, and a whirlwind field trip to Berlin, and they are beginning to feel at home in Giessen.  A Laser Tag outing has been planned.  The best Karaoke Bar in town has been located. Continue reading “First Looks Can Be Deceiving in Giessen, Germany”

Remembering Professor Gordon Hylton

Posted on Categories Legal History, Marquette Law School, Marquette Law School History, Public, Sports & Law1 Comment on Remembering Professor Gordon Hylton

Headshot of the late Professor Gordon Hylton.The Marquette Law School community is saddened by the news that Professor J. Gordon Hylton has passed away at age 65, following a battle with cancer.

Gordon was a wonderful colleague on the Law School faculty.  He joined the faculty at Marquette University Law School in 1995, after teaching previously at the Chicago-Kent College of Law of the Illinois Institute of Technology.  Gordon left Marquette Law School in 2015 to join the faculty at the University of Virginia School of Law full time (having visited at UVA many semesters previously).  He also served a memorable year  as the Fulbright Professor of Law at Kyiv-Mohyla Academy in Kiev, Ukraine.  A wonderful In Memoriam webpage celebrating Gordon’s career appears on the website of the University of Virginia School of Law.

Gordon taught courses in Property Law, Trusts and Estates,  and Legal History, among others, and was also closely involved with the National Sports Law Institute at Marquette Law School.  He was a frequent contributor to the Marquette Law School Faculty Blog, where he was known for his posts on the history of Marquette Law School in general and on the often overlooked athletes who had a historical connection with our institution.  His blog posts were sometimes quirky, often obscure, but always among the most interesting to appear on the Faculty Blog. Continue reading “Remembering Professor Gordon Hylton”

Our May Bloggers Have Arrived!

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Headshot of law student Darrin Pribbernow.
Darrin Pribbernow

Headshot of Attorney Mark Thomsen.
Mark Thomsen

 

 

 

 

 

 

 

Please join me in welcoming our two guest bloggers for the month of May.

Our Student Blogger of the Month is Darrin Pribbernow.  Darrin introduces himself as follows: “I grew up in New Holstein, Wisconsin. I attended Lakeland University and achieved a Bachelor’s degree in Criminal Justice with minors in sociology and political science in 2017. During my undergraduate career I was involved in many organizations including: Student Government Association, the Zeta Chi Fraternity, and Criminal Justice club. Each organization afforded me unique networking and leadership opportunities. My interest in the law began in middle school and it has been my goal since then to become a lawyer. The move to Milwaukee from such a small community was daunting to say the least. Having now lived here for a year, however, I can’t imagine going back to a small-town lifestyle. My decision to attend Marquette is already one of the best that I have made and I look forward to further developing my skills as a lawyer in pursuit of a career as a criminal prosecutor in Wisconsin.”

Our Alumni Blogger of the Month is Mark Thomsen (cum laude, 1987).  Mark is an attorney at the Milwaukee office of Gingras, Cates & Wachs.  On the lawfirm website, Mark describes his career as follows: “When the Indiana steel mill department shutdown in 1984 where I had worked for nearly 8 years as a steelworker, including a stint as union representative, my family and I moved to Milwaukee. I started law school and after graduating in 1987, I served as a law clerk to the Hon. John L. Coffey, circuit judge for the U.S. Court of Appeals for the Seventh Circuit. My time as a lawyer has now spanned 30 years, and my practice is primarily dedicated to representing and fighting for justice for injured people, including those injured by nursing home neglect, by medical and legal malpractice, in automobile and trucking collisions, by people’s general negligence, by defective products, and for violations of individual’s civil rights (§1983 claims). During this time, whether by settlement or trial whenever necessary, I have successfully obtained millions over the years for those individuals and families I have been honored to represent.”

We look forward to reading your posts over the next month.