Appearing Before the Court

[Editor’s Note: This month faculty members share their favorite brief writing or oral argument tip. This is the first entry in the series.]

When people ask me about the most helpful tip I can give for writing a brief and appearing in front of the Wisconsin Supreme Court, my answer is always “preparation, preparation, preparation.” The most effective appellate lawyers have spent an incredible amount of time knowing and understanding their cases and the applicable and relevant law in the area. They have “mooted” their oral arguments a number of times in front of different lawyers or retired judges. Of course, appellate books and training programs tell you to do that as well.

I believe it is perhaps more helpful for me to write about a significant mistake I have seen very well prepared lawyers make. The biggest error by counsel appearing before the Court is to get too close to the case. They know how they want the case to turn out (although occasionally we had an attorney appear who could not exactly explain what he or she believed the mandate line should say if there is a reversal). We all understand that counsel’s objective (rightfully so) is to win it for the client.

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Dean Howard Eisenberg in His Own Voice

One of the activities that many of us faculty members undertake during the summer months is to clean out some drawers and shelves. While recently tackling that chore, I was thrilled to find an old tape from a 1999 conference we put on at the law school on “Spirituality and Work.” I had forgotten that Dean Howard Eisenberg was the luncheon keynote speaker that day. What a thrill for me to listen to the tape and to hear Howard speak about one of his favorite themes, “What Is a Nice Jewish Boy Doing in a Place Like This.” He talks about his deanship and his views on spirituality and the legal profession. I thought others might enjoy having the opportunity to hear Howard, in his own words, speaking from his heart. With the level of incivility in our professional and political world, I believe his words are probably even more relevant today than they were when he spoke them twelve years ago. Here is the link to that talk.

Enjoy!

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Restorative Justice Conference to Focus on Clergy Sex Abuse

It is not just an American problem – it is an international issue for the Catholic Church. This year’s Marquette Law School Restorative Justice Conference on April 4 & 5, 2011, will focus on Harm, Hope, and Healing: International Dialogue on the Clergy Sex Abuse Scandal.

Those attending will be able to hear the stories of victims as well as those who are working with victims from Boston, Ireland, and Australia.  Also a group of clergy will speak from the heart about what they have learned.

Marquette Law School’s Restorative Justice Initiative (RJI) is a unique model demonstrative of the university’s commitment as a Catholic, Jesuit institution to promote excellence, faith, leadership, and service.  RJI educates law students as leaders who can bring together victims, offenders, and other community members to focus on resolving harm and conflict in our communities. Whereas the traditional justice system is retributive in nature, restorative justice is a process that creates a safe environment for dialogue, helping communities share their experiences.  The process has been shown to decrease recidivism, create cost efficiencies in the court system, provide improved outcomes for clients and victims, and change the face of judicial practice in the resolution of crime.

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