The Law Professor Who Coached the Marquette Football Team

Posted on Categories Marquette Law School, Marquette Law School History, Public, Sports & Law1 Comment on The Law Professor Who Coached the Marquette Football Team

The Marquette University Law School has long been associated with the world of sports.  Although the National Sports Law Institute has represented the connection in recent years, the school’s relationship to the sports industry goes back much further than the 1989 founding of the Institute. Federal Judge Kenesaw Mountain Landis, later the first Commissioner of Baseball, was a lecturer at the law school shortly after it opened; Carl Zollmann, the first major sports law scholar, was on the Marquette Law faculty from 1922 to 194; and a number of outstanding athletes, including Green Bay Packer end and future U. S. Congressman Lavvy Dilweg and Olympic Gold Medalist (and future congressman) Ralph Metcalf studied at the law school in its early years.

However, no one has ever combined the two fields more perfectly than Prof. Ralph I. Heikkenin who, during the 1947-48 academic year, both taught full-time at the law school and coached the Marquette varsity football team, at a time when the team played at the highest level of collegiate competition.

Heikkinen was already well known to sports fans in the upper Midwest when it was announced that he would be joining the Marquette faculty and staff in the spring of 1947.  A native of the Upper Peninsula of Michigan, Heikkinen had grown up in the community of Ramsey.  He had enrolled in the University of Michigan in the fall of 1935 where he excelled academically. Not only was he an outstanding student, but he was a published poet and the president of the student government.  On top of that, he was an under-sized lineman who made the powerful Michigan football team as a walk on.

Although he began his career as an unheralded newcomer, by the time he was a junior, Heikkinen had developed into one of the best two-way linemen in the country. Although just 6’ tall and weighing only 183 pounds, he was voted as his school’s MVP during both his junior and senior years and was chosen unanimously as a guard on the 1938 All-American team.  During Heikkinen’s senior year, the Wolverines, under new coach Fritz Chrisler, narrowly missed a perfect season thanks to a narrow 7-6 defeat at the hands of Minnesota, in which Michigan botched an extra point kick, and a 0-0 tie with Northwestern, which featured a Michigan missed field goal from the 6 yard line.  Even so, the team finished the season 6-1-1, ranked #16 in the country in the final Associated Press poll. Continue reading “The Law Professor Who Coached the Marquette Football Team”

Is the Senate Free to Ignore President Obama’s Choice of a Replacement for Justice Scalia?

Posted on Categories Constitutional Interpretation, Constitutional Law, Election Law, Federal Law & Legal System, President & Executive Branch, Public, U.S. Supreme Court2 Comments on Is the Senate Free to Ignore President Obama’s Choice of a Replacement for Justice Scalia?

Court[The following is a guest post from Professor J. Gordon Hylton, a former member of the Marquette Law School faculty.]

Justice Scalia’s unexpected death this past weekend has raised the question of how his seat on the Supreme Court will be filled. Some Republicans have already asserted that it would be inappropriate for the president to even place someone’s name in nomination during an election year.  Others have more modestly pointed out that the Republicans in the Senate would be within their constitutional function to use their majority power to veto any potential justice that the president might put forth.  Democrats, in contrast, emphasize the president’s constitutional duty to fill the slot and reject the idea that the impending election out to somehow stay the process of replacing departed United States Supreme Court rules.

What does the history of the Supreme Court tell us about this situation? As it turns out, in the Court’s more than 225 year history, sitting justices have died or retired/resigned from the Court during an election year (or the brief stretch of the president’s term in the following year) on twenty occasions.  In 14 of the 20 cases, a new justice was appointed and confirmed before the president’s current term ended.  (In 7 of the 20 cases, the sitting president was re-elected, but in none of these cases did the nomination go into the following term.)

However, the story is a bit different when the sitting president’s political party does not control the United States Senate. Not surprisingly, in the 12 cases when the president’s party has been in control of the Senate, the open-vacancy has been filled 11 times.  The one exception came in 1968, when sitting Chief Justice Earl Warren announced in June that he planned to retire before the end of the year.

Continue reading “Is the Senate Free to Ignore President Obama’s Choice of a Replacement for Justice Scalia?”

Ted Cruz as a Natural Born Citizen

Posted on Categories Congress & Congressional Power, Federal Law & Legal System, Political Processes & Rhetoric, President & Executive Branch, Public2 Comments on Ted Cruz as a Natural Born Citizen

Ted Cruz[The following is a guest post from Professor J. Gordon Hylton, a former member of the Marquette Law School faculty.]

The debate continues over the eligibility of Sen. Ted Cruz for the United States presidency under the Constitution’s “natural born citizen” clause in Article II, Section 1. (Art II, §1 provides, in part, “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President, neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”)

The question is whether the Canadian-born Cruz, whose mother, but not father, was a United States citizen, qualifies as a “natural born citizen.” Unfortunately, the neither the Constitution itself nor the surviving records of the Constitutional Convention of 1787 define the phrase “natural born citizen,” and the Supreme Court has never offered an authoritative interpretation of the clause.

Continue reading “Ted Cruz as a Natural Born Citizen”

Same-Sex Marriage Referendums: Major Metropolitan Areas Out of Step With Less Populated Regions

Posted on Categories Election Law, Political Processes & Rhetoric, Public1 Comment on Same-Sex Marriage Referendums: Major Metropolitan Areas Out of Step With Less Populated Regions

In most states same-sex marriage has become the law of the land by judicial decision. In a smaller number, the institution has been recognized by acts of the state legislature. Although there were numerous public referendums attempting to ban same sex marriage before 2008, in recent years only twice have the voters of a state had the opportunity to vote directly on the recognition of marriages between individuals of the same gender.

Both opportunities came in November 2012, as voters in Maryland and Washington State confirmed their state’s recognition of a new definition of marriage. However, both episodes revealed a sharp divide between the majority views of those who live in major metropolitan areas and those who live in less densely populated areas.

Continue reading “Same-Sex Marriage Referendums: Major Metropolitan Areas Out of Step With Less Populated Regions”

Is it Time to Bring Back the Marquette Law School Baseball Team?

Posted on Categories Marquette Law School, Public, Sports & Law3 Comments on Is it Time to Bring Back the Marquette Law School Baseball Team?

Vintage BaseballEvery now and then the debate over whether or not Marquette should re-establish its varsity football team gets revived. Once a respected participant in the highest level of college football, Marquette unceremoniously dropped football in 1960. (See also here.)

In spite of its long tradition in sports law, it is a not well known fact that our law school once had its own baseball team. In his The Rise of Milwaukee Baseball: The Cream City from Midwestern Outpost to the Major Leagues, 1859-1901 (p. 324), Milwaukee historian Dennis Pajot notes that in 1895, a team called The Milwaukee Law Class competed with the city’s other amateur teams.

The Milwaukee Law Class, organized by the city’s law students in 1892, was Milwaukee’s first law school. In the mid-1890’s, its name was changed to the Milwaukee Law School, and in 1908, it was acquired by Marquette University. This is why the law school celebrated its centennial in 1992. (A second centennial celebration in 2008 marked the 100th anniversary of Marquette’s acquisition of the Milwaukee Law Class/School.) Continue reading “Is it Time to Bring Back the Marquette Law School Baseball Team?”

Marquette University Law School and World War II

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B-17_Flying_FortressAs I have described elsewhere on this blog, Marquette Law School Dean Francis X. Swietlik played a prominent role in public affairs during the Second World War, primarily because of his leadership role in the American Polish Community. As the leader of the “Chicago Poles,” as Midwesterners of Polish descent were known, Swietlik advised President Franklin Roosevelt on Polish issues and was a national spokesman for the cause of his ancestral country — Swietlik had been born in Milwaukee in 1899 — which had been dismembered in 1939 by Nazi Germany and the Soviet Union.

However, the war was hardly kind to the law school, as its enrollment quickly shriveled as potential law students found themselves in military uniforms. Continue reading “Marquette University Law School and World War II”

Remembering the 1964 All-Star Game

Posted on Categories Public, Sports & Law2 Comments on Remembering the 1964 All-Star Game

johnny callison cardLast week’s Major League All-Star Game was pretty entertaining, as All-Star games go. The game was reasonably close throughout, and the outcome was never entirely certain until the final out was made. Even though the American League jumped off to a 3-0 lead in the first inning, by the middle of the 4th inning, the game was tied at 3-3. The AL went back up 5-3 in the bottom of the 5th inning, before the offense disappeared on both sides. Neither team scored after that point, and together they combined for only two hits and two walks.

The 2014 game also ended a string of somewhat one-sided games. In 2011 and 2012, the NL prevailed by margins of 5-1 and 8-0, while last year the American League shut out a hapless NL squad by a 3-0 margin.

Submerged in the discussion of the game were occasional references to the 1964 All-Star Game of fifty years ago. That game, one of the most exciting All-Star games of all time, was played on July 7, 1964, in recently opened Shea Stadium, the new home of the hapless New York Mets. Continue reading “Remembering the 1964 All-Star Game”

Returning College Athletics to College Students

Posted on Categories Higher Education, Public, Sports & Law2 Comments on Returning College Athletics to College Students

kansas city chiefs football gamesThere is a simple way to end the hypocrisy that is modern college sport and at the same time preserve the much-beloved pageantry of men’s college football and basketball.

First of all, we need to embrace the idea that college athletics should be a part of the educational mission of colleges, and not part of their “providing entertainment” function. Subject to the exception for men’s football and basketball set out below, participation in college athletics should be limited to regularly enrolled students who chose to attend their college free from the enticement of special financial support.

The first step is to abolish all athletic grants-in-aid (euphemistically called athletic scholarships) except for those awarded in men’s football and basketball. Except for a few pockets of fan support for college baseball and hockey and women’s basketball, the simple fact is that most sports fans do not care about college sports other than football and men’s basketball. Continue reading “Returning College Athletics to College Students”

Why Did the Washington Redskins Choose the Name “Redskins” in the First Place, Rather than Some Other Native American Name?

Posted on Categories Public, Sports & LawTags , 5 Comments on Why Did the Washington Redskins Choose the Name “Redskins” in the First Place, Rather than Some Other Native American Name?

[This is a continuation of an earlier post, “Why the Redskins are Called the Redskins.”] 

In a recently “discovered” Associated Press story of July 5, 1933, owner George Preston Marshall of the National Football League’s Boston franchise is quoted as saying that he was changing the team’s name from “Braves” to “Redskins” to avoid confusion with Boston’s baseball Braves. This bit of evidence has been proclaimed to disprove the contemporary Washington Redskins’ claim that the name change was to honor the team’s newly appointed Indian coach, William Lone Star Dietz.

However, that is not necessarily the case. All the quote really establishes is that Marshall felt he had to change the team’s name before the 1933 season began; it does not necessarily explain why he chose the name “Redskins” as the replacement name. The name change was apparently necessary because Marshall had entered into an agreement for his team to play in Fenway Park in 1933, rather than in Braves Park, as it had done in 1932.

The story of how the team came to choose the name “Redskins” is a complicated one and for which the evidence is somewhat sketchy. Continue reading “Why Did the Washington Redskins Choose the Name “Redskins” in the First Place, Rather than Some Other Native American Name?”

Why the Redskins Are Called the Redskins

Posted on Categories Federal Indian Law, Public, Sports & LawLeave a comment» on Why the Redskins Are Called the Redskins

Washington Redskins logoWith 50 United States senators signing a letter to the president of the NFL urging him to pressure Daniel Snyder, the owner of the Washington Redskins, to change the team’s name, and Congressman Henry Waxman calling for the House Energy and Commerce Committee to hold hearings on the name, it is clear that the controversy over the name “Redskins” has yet to subside.

In the Wednesday, May 27, Washington Post columnist Robert McCartney purported to rebut the Redskins’ claim that the team was named the Redskins in honor of its Native American coach William “Lone Star” Dietz (whom, it turns out, may not have been an Indian at all, but that was clearly unknown to team owner George Preston Marshall at the time.)  The source of McCartney’s proof is a July 6, 1933 AP story that quoted Marshall to the effect that he changed the team’s name from “Braves” to “Redskins” so that he could avoid confusion with the Boston Braves of baseball’s National League and so that he could continue to use the team’s new Indian head logo.

McCartney is clearly correct on that point.  The team already had a Native American name (Braves) when it signed Dietz as its coach.  The name was changed, as Marshall indicated in the above quote, because the team was moving to a new venue within the city of Boston.  (The team did not move to Washington until 1937.)

Here is the story: Continue reading “Why the Redskins Are Called the Redskins”

Understanding the Constitutional Situation in Crimea

Posted on Categories International Law & Diplomacy, Public3 Comments on Understanding the Constitutional Situation in Crimea

As the eyes of the world turn today (Sunday) to the Crimean referendum regarding separation from Ukraine and reunification with Russia, it is worth remembering that there have been a number of previous referendums on Crimea’s status, and almost all of them have produced highly ambiguous results.

Crimea, currently an “Autonomous Republic” under the Ukrainian Constitution, had been part of the Russian Empire from 1784 until the empire’s collapse in 1917. In the early Soviet period, it was part of the Russian Federation Soviet Socialist Republic and not the Ukrainian Soviet Socialist Republic. During the 1940’s, much of the region’s indigenous Tatar population was forcibly relocated to other parts of the Soviet Union, a move that allowed ethnic Russians to become a majority in the region.

The first referendum was one that did not occur. Under the Constitution of the Soviet Union, no territory could be transferred from any of the 15 constituent S.S.R.’s without the approval of the affected people. In 1954, for reasons that are still not clear, Soviet Premier Nikita Khrushchev, an ethic Russian who had previously been appointed by Josef Stalin to head the Ukrainian S.S.R.’s government, secured the approval of the transfer of Crimea to the Ukrainian S.S.R., even though only about 20% of the Crimean population at that time were of Ukrainian ancestry. Continue reading “Understanding the Constitutional Situation in Crimea”

Why Are There So Many Major College Post-Season Conference Basketball Tournaments When Forty Years Ago There Were Almost None?

Posted on Categories Public, Sports & Law5 Comments on Why Are There So Many Major College Post-Season Conference Basketball Tournaments When Forty Years Ago There Were Almost None?

In the modern world of college basketball, every Division I conference except the Ivy League sponsors a post-season conference tournament. In 2013, there were 31 such tournaments.

For teams that have played extremely well during the regular season, these tournaments are not crucial but a good performance can improve a team’s seeding in the NCAA tournament. For teams on the proverbial bubble, a good performance, even short of a conference championship, can be enough to push a team into the field of 68.

For teams that have no chance of being selected for the post-season on the basis of their regular season performance, their fans can always hope for a miracle run that will allow them to claim their conference’s championship and its automatic bid to the “Big Dance.”

It is not hard to understand the popularity of these tournaments. They bring together into a single building all of the conference’s teams as well as a congregation of fans from across the conference. Some fans are willing to spend large sums to attend the tournament in person, and thousands more are happy to watch it on television or listen to the games on the radio. Fans of underperforming teams know that somewhere out there in the basketball stratosphere there is a team with a losing record that is going to catch fire and will end up matching the NCAA tournament. With luck, that team will be their team.

However, students of the history of college basketball know that 40 years ago, such tournaments were quite rare in major college basketball. Although district championship tournaments were ubiquitous in high school basketball in the 1950s and 1960s, they were once shunned by college conferences. Continue reading “Why Are There So Many Major College Post-Season Conference Basketball Tournaments When Forty Years Ago There Were Almost None?”