An Expanded Water Law and Policy Initiative

We frequently say that Marquette Law School hopes to be a place of which the community remarks,“That’s where you take the hard problems, the ones that affect us all.” As we observe the course of events in California and other parts of the world, it seems difficult to imagine a problem more intractable or more universal—a problem harder—than ensuring the availability of fresh water for domestic, medical, agricultural, and industrial uses. Indeed, Pope Francis recently cautioned in an encyclical that water, which is “indispensable for human life,” is “a fundamental right,” and he called for all interested parties to engage in “an open and respectful dialogue” about relevant policies and laws. Closer to home, with Associate Dean Matt Parlow’s leadership, the Law School has been actively engaged in the Milwaukee regional water initiative since its creation last decade; more recently, the Law School has sought to respond to President Michael R. Lovell’s call for greater engagement by Marquette University with matters involving water.

In these circumstances, it is a great pleasure to announce an expanded Water Law and Policy Initiative which will seek to help establish the Law School and, more broadly, Marquette University as a center for study, exploration, discussion, and education concerning water issues. Using an interdisciplinary and collaborative approach, the initiative will seek, among other things, to assess the legal and regulatory aspects of water policy, to pursue opportunities for information exchange and collaboration within and outside the University, and to provide the means for those involved in Milwaukee’s water initiative to become better informed on legal and policy aspects of critical water-related issues.image001

I am also pleased to announce the appointment of David Strifling as the Initiative’s inaugural director. Dave is a Marquette lawyer (L’04) and Marquette engineer (L’00) with a Harvard master’s. He has served as an adjunct professor here for several years, practiced at Quarles & Brady, and previously taught at Temple University’s Beasley School of Law in Philadelphia. He has extensive practical experience in both environmental law and environmental engineering and holds active licenses in both disciplines, making him almost uniquely qualified to move this project forward in an interdisciplinary way; further background about Dave is available here. We are able to pursue this initiative because of support from the University’s Strategic Innovation Fund and from the Law School’s Annual Fund. Welcome, Dave.

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Of Trump Cards and Lawyering

King of SpadesSome of the best and the worst of the legal profession can be seen through Socha v. Boughton, No. 12-1598, decided by the Seventh Circuit this past week. The substance of the case involved the court’s applying — for the first time — the doctrine of equitable tolling to excuse a late filing by a state prisoner in a habeas case. This required a conclusion that the district court had abused its discretion in concluding otherwise, including the catchy characterization that “[t]he mistake made by the district court and the state was to conceive of the equitable tolling inquiry as the search for a single trump card, rather than an evaluation of the entire hand that the petitioner was dealt” (slip op. at 19).

Yet it is the lawyering that I want especially to note.

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An Expanded Role for Jay Ranney as Schoone Visiting Fellow

ranney-TNAs set forth in this release, the Law School has appointed Joseph A. Ranney as its Adrian P. Schoone Visiting Fellow in Wisconsin Law. Ranney will use his fellowship to write a book that examines the role states have played in the evolution of American law, with a focus on the contributions made by Wisconsin. Ranney is (and will continue to be) a partner at DeWitt, Ross & Stevens, S.C., in Madison and a longtime member of Marquette University Law School’s part-time faculty. His previous books include Trusting Nothing to Providence: A History of Wisconsin’s Legal System (1998), considered the leading legal history of the state, and In the Wake of Slavery (2006), examining the path of the law and its effects in the Reconstruction-era South. He is also well known to the Wisconsin bar for his frequent contributions to Wisconsin Lawyer, the official magazine of the State Bar of Wisconsin, and he has made a number of contributions to the Marquette Law Review. The fellowship is made possible by the Law School’s Adrian P. Schoone Fund for the Study of Wisconsin Law and Legal Institutions, announced last year, and its fruits no doubt will include contributions by Jay Ranney to this faculty blog during the course of his fellowship. It is a pleasure to welcome him to his new role.

 

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