Remembering Howard B. Eisenberg

eisenbergToday marks the seventh anniversary of the death of Dean Howard B. Eisenberg, on June 4, 2002. This means that Howard has been gone from the Law School longer than he was here, for he served as dean just a month shy of seven years. Yet, in some metaphysical but important sense, I do not believe him to be gone. His “ideals and [his] spirit,” to return to words that I used in 2002 (and that I borrowed from the opening page of the Marquette Law Review in 1916), continue to suffuse-indeed, guide-much of what Marquette University Law School does, even (or especially) with respect to initiatives that we have started since Howard’s death. To be sure, I appreciate that not all who read this blog knew Howard. Therefore, on behalf of the Law School, I warmly invite you to spend a few moments perusing the memorial issue of the Law Review that we published in 2002. It is a remarkable book, containing essays by more than 50 individuals who knew Howard in different parts of his life: the contributors were classmates, professors, fellow lawyers, judges, clients, university colleagues, relatives, students, and others. The memorial issue also contains several of Howard’s speeches, including “What’s a Nice Jewish Boy Like Me Doing in a Place Like This?”

My favorite words in the issue are not my own or even Howard’s. They come from Professor Walter J. Dickey of the University of Wisconsin Law School. Professor Dickey did not suggest that he had known Howard as well as had some of the other essayists. But, after recounting some common experiences, Professor Dickey captured this essential aspect of the man:

Here is how I would characterize these several interactions with Howard. While he was aware of the “politics” of issues, the core of his concern was with substance. His attention and talent were invariably focused on the substantive issue. He had a keen desire to discover what the right thing was to do and to do it. He was well prepared, and he always followed up with a high-quality execution of whatever idea required implementation. Not much for speeches, not a lot of noble talk. He just did. This was not just his job, this was his duty. He would do it as well, as honorably, and in as straightforward a fashion as he could. If some of the causes he advocated were out of favor in the brittle world of politics, he did not apologize or even explain why he was advancing the cause or position he stood for. His expectation was that others would and should know that what he did was to fulfill the responsibility of the legal profession. His expectations brought out the best in others.

While Howard surely had passion for what he did, it was his business-like, matter-of-fact, direct approach which most impressed me. He channeled his passion, his concern and caring for others, in ways that were likely to be effective for those he sought to help. Howard possessed the qualities of a good lawyer. No cause in which he believed was either too large or too small for his attention. For me, he is a model of the best in the legal profession.

I invite you to reread the quotation-there is much wisdom in it-and, particularly, to note the present tense in Professor Dickey’s final sentence.

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Law School Announces Milwaukee Foreclosure Mediation Program

At a press conference today in Eisenberg Hall, featuring Attorney General J.B. Van Hollen and Milwaukee Mayor Tom Barrett, the Law School announced today the creation of a program that will provide mediation between lenders and residential borrowers facing foreclosure. This program responds to the final report and recommendations of the Milwaukee Foreclosure Partnership Initiative issued in February 2009. It is underwritten by $100,000 in grant funding allocated by the City of Milwaukee and $310,000 in grant funding from the Attorney General made possible by the recent settlement of the state’s lawsuit against Countrywide Financial Corporation. The mediation program is described in this press release and represents an instance of the Law School’s seeking to use its particular expertise (in this case, with respect to dispute resolution) to address a pressing problem facing this region. Particular kudos to Dan Idzikowski, Assistant Dean for Public Service, for his work in leading the Law School to this moment.

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O’Hear, Twerski, and the Work of the Professoriate

Aaron TwerskiProfessor Jessica E. Slavin recently posted concerning Professor Michael M. O’Hear’s well-deserved receipt of the Eastern District of Wisconsin Bar Association’s Judge Robert W. Warren Public Service Award. Through the resources available to me as dean, I have been able to secure a copy of Michael’s brief and well-stated acceptance remarks. Professor O’Hear describes his basic belief that law schools can act as “bridge builders” — first, “between, on the one hand, the world of legal practice, judging, and lawmaking, and, on the other hand, the world of rich and diverse learning contained in the modern university” and, second, between “the local and the national” (the latter being, Professor O’Hear notes, “a two-way street”).

These remarks bring to mind — but are not identical to — somewhat more pointed comments delivered by a renowned Marquette lawyer, Aaron D. Twerski (pictured above), who is the Irwin and Jill Cohen Professor at Brooklyn Law School (and former dean at Hofstra). Twerski is an extremely well-regarded law professor (as is O’Hear, although they are at different points in their careers) and received the prestigious Robert C. McKay Law Professor Award from the Tort Trial & Insurance Practice Section of the American Bar Association. Professor Twerski used the occasion of his award to lament the seeming lack of interest of many law professors in saying things of interest to judges and practicing lawyers.

Among his milder comments:

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