The Costs of Janus v. AFSCME

Posted on Categories Business Regulation, Constitutional Interpretation, Constitutional Law, First Amendment, Labor & Employment Law, Legal Profession, Marquette Law School, Public, Speakers at Marquette, U.S. Supreme CourtLeave a comment» on The Costs of Janus v. AFSCME

Photo of statue depicting a bust of Janus, the two-headed Roman God.On April 10 I participated in a panel discussion sponsored by the Law School Chapter of the Federalist Society.  The presentation was entitled “Lawyers, Plaintiffs, and Professors, Oh My!: Janus v. AFSCME.”  The other panelists were Adjunct Professor and Director of the Law Library Elana Olson, Alumnus Daniel Suhr from the Liberty Justice Center , and Mark Janus, the name plaintiff in the case of Janus v. AFSCME.  What follows are my prepared remarks.

In June of 2018 the United States Supreme Court held, in the case of Janus v. AFSCME, that it is a violation of the First Amendment for State and public sector unions to assess mandatory agency fees to non-consenting employees.  The majority of the Court held that forcing non-union workers to contribute money to support non-political activities which benefit all workers violates the Free Speech rights of non-consenting employees.

In so holding, the Court overruled a precedent of over 40 years, Abood v. Detroit Board of Education, a 1977 case that had upheld the practice against a First Amendment challenge.

Opposition to labor unions and collective bargaining rights is a policy choice held by many political conservatives today, but it was not always the position of the Republican Party.  One of the early icons of the conservative political movement in the United States, Whittaker Chambers, was himself a union member at times in his career, he was supportive of the labor movement, and his wife and many of his relatives were union members.

This icon of political conservatism in the 1950s and 1960s supported collective bargaining rights so much, that when the parent of the conservative National Review Magazine gave an award named after Whittaker Chambers to our guest Mark Janus, in recognition of his participation in the Janus v. AFSCME litigation, the family of Whittaker Chambers objected to their father’s name being associated with the case. Continue reading “The Costs of Janus v. AFSCME”

Remembering Professor Ray Klitzke

Posted on Categories Marquette Law School, Marquette Law School History, PublicLeave a comment» on Remembering Professor Ray Klitzke

Headshot photo of Professor Ray Klitzke wearing a suit and tie.The Marquette Law School community was saddened to learn of the death March 29 of Emeritus Professor of Law Ramon (“Ray”) Klitzke.  He was 90 years old.

Named by his mother after silent screen star Ramon Novarro, Ray had ramrod straight posture and an athletic build.  He was a competitive swimmer and diver throughout his life.  He cut a dashing figure in the hallways of Sensenbrenner Hall, not unlike his namesake.

Ray was a devoted teacher and scholar.  Ray also served the Wisconsin State Bar in a variety of capacities during his career, serving at various times as Reporter for the Local Government Section, Reporter for the Administrative Law Section and Chairman of the  Patent, Trademark & Copyright Section.  During Ray’s tenure as a full time faculty member, I doubt that there was a single Annual Meeting of the Wisconsin State Bar that did not include Ray on the agenda in some form, usually as a presenter providing an update on recent legal developments in his field.

Ray retired from the Marquette Law School faculty in 1994.

I valued ray as a friend, as a colleague, and as a valuable contributor to the Wisconsin legal community.  He leaves his wife Doris, his children Ramon, Albert and Ann and their spouses, and an extended family of grandchildren and great grandchildren.

Services will be held tomorrow April 5 at Saint John’s Lutheran Church in Brookfield.  More information about Ray’s life, the visitation and services is available here.

 

Garry Wills to Speak at Marquette Law School

Posted on Categories Constitutional Interpretation, Constitutional Law, Legal History, Marquette Law School, Political Processes & Rhetoric, Public, Speakers at MarquetteLeave a comment» on Garry Wills to Speak at Marquette Law School
Author Garry Wills dressed in a suit and tie speaks at a public event.
Author Garry Wills

On April 18 at 4 pm Pulitzer Prize winning author Garry Wills will speak at the Marquette University Law School.  The topic of his talk is “Does Democracy Protect Human Rights? Constitution vs. Plebiscite.”

The event is sponsored by a grant from the UW Stout’s Center for the Study of Institutions and Innovation.

Garry Wills is Professor Emeritus of history and a cultural historian at Northwestern University. His many books include studies of George Washington, Richard Nixon, the Kennedy family, Ronald Reagan, and religion in America. His 1992 book, “Lincoln at Gettysburg: The Words That Remade America,” won the 1993 Pulitzer Prize for General Nonfiction and the 1992 National Book Critics Circle Award for Criticism. Wills won the 1979 Merle Curti Award from the Organization of American Historians and the 1978 National Book Critics Circle Award for General Nonfiction for his 1978 book, “Inventing America: Jefferson’s Declaration of Independence.” Wills has also been awarded the National Humanities Medal, and he was inducted as a laureate of The Lincoln Academy of Illinois and awarded the Order of Lincoln. His most recent book is “What The Qur’an Meant and Why It Matters.”

The event is free and open to the public, but advance registration is requested.

 

Giessen is a Go!

Posted on Categories International Law & Diplomacy, Legal Education, Marquette Law School, Public, UncategorizedLeave a comment» on Giessen is a Go!
About 30 law students in semi-formal attire pose in a group photo in front of an administration building at Justus Liebig University.
Group Photo of the 2014 Participants in the Giessen Program

The 2019 Summer Session in International and Comparative Law, commonly know at the Marquette University Law School as “the Giessen Program,” has been approved and will take place July 20 through August 15   on the campus of Justus Liebig University in Giessen, Germany.

There are still a small number of spots available for additional Marquette law students, students at the University of Wisconsin Law School, and students from other U.S. law schools.  Information on the program is available at the Marquette University Law School website or by emailing Professor Ed Fallone at edward.fallone@marquette.edu.

If you are interested in applying for the 2019 program, do not delay.

 

Our March Guest Blogger is Here!

Posted on Categories Alumni Contributor, Marquette Law School, Public, UncategorizedLeave a comment» on Our March Guest Blogger is Here!

Attorney Brandon Jubelirer from the waist up stands in front of a sunlit window with his hands in his pocketsPlease join me in welcoming our Guest Blogger for the month of March.

Our Alumni Blogger of the Month is Attorney Brandon Jubelirer.  He is currently an associate at Hawks Quindel. His law practice primarily consists of litigating a wide variety of worker’s compensation matters on behalf of injured and wrongfully terminated workers. Before joining Hawks Quindel as an associate, Attorney Jubelirer served as a law clerk with the firm for over a year and a half. Throughout his legal education, Attorney Jubelirer also interned for a federal judge in the United States District Court for the Eastern District of Wisconsin, served on the board of directors for the Marquette Labor & Employment Law Society, and performed pro-bono service for the Sojourner Family Peace Center’s Domestic Violence Clinic in connection with Marquette University Law School. Attorney Jubelirer graduated cum laude from Marquette University Law School. Prior to entering law school, Attorney Jubelirer earned his B.A., cum laude, from the University of Wisconsin Milwaukee with a double major in political science and history. He also graduated from the University of Wisconsin Milwaukee Honors College program.

We look forward to your posts.

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

Posted on Categories Public, Student Contributor, UncategorizedLeave a comment» on Our Student Blogger This Month

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

Posted on Categories Marquette Law School, Public, Student Contributor, UncategorizedLeave a comment» on Welcome Our Student Blogger for September

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.