Appreciating Our Professors: Robert F. Boden

Posted on Categories Legal Education, Marquette Law School3 Comments on Appreciating Our Professors: Robert F. Boden

When I applied for admission to Marquette Law School in the fall of 1971, my application was denied because over half of my undergraduate coursework was ungraded, a consequence of the policy at the Residential College of the University of Michigan from which I graduated.  Upon being admitted to the Law School when my application was reconsidered, the lowest grade I received was in Professional Responsibility.

That I am a Professor of Law at Marquette University with particular expertise in legal ethics is due in large part to Dean Robert F. Boden, who caused my application for admission to be reconsidered, who hired me during my third year of law school, and who assigned me as a junior faculty member to teach Professional Responsibility even though he gave me my lowest grade in law school when I took that course from him. 

Marquette had some great law teachers in my era as a student (1972-1975).  Continue reading “Appreciating Our Professors: Robert F. Boden”

Privacy Interests in Extremis

Posted on Categories Criminal Law & Process, Privacy Rights, Wisconsin Court System, Wisconsin Criminal Law & Process1 Comment on Privacy Interests in Extremis

In a fascinating case decided this week, the Wisconsin Court of Appeals affirmed the suppression of a video recording apparently showing a husband having sexual intercourse with his wife, a stroke victim who was unconscious and lived in a nursing home.  See State v. Johnson (Appeal No. 2007AP1485-CR, 9/11/2008).  The husband was charged with second degree sexual assault, a class C felony, which can result in imprisonment up to 40 years.  The offense occurs when a defendant “has sexual contact or sexual intercourse with a person who the defendant knows is unconscious.”  Wis. Stat. § 940.225(2)(d).  The statute further provides that “A defendant shall not be presumed to be incapable of violating this section because of marriage to the complainant.”  Wis. Stat. § 940.225(6). Continue reading “Privacy Interests in Extremis”

Mayor Barrett and County Exec Walker on the Future of Mass Transit in Milwaukee

Posted on Categories Milwaukee, Speakers at Marquette3 Comments on Mayor Barrett and County Exec Walker on the Future of Mass Transit in Milwaukee

Milwaukee Mayor Tom Barrett and Milwaukee County Exec Scott Walker laid out their visions for the future of mass transportation in Milwaukee at today’s On the Issues with Mike Gousha program at the Law School. (A podcast is here.) The transportation issue invites vision statements in part because $91.5 million in federal funds are set aside for mass transit in Milwaukee and in part because Milwaukee’s once prized transit system is badly broken. Without an agreement between Barrett and Walker, the federal funds are unlikely to be released. But an agreement between those leaders will be hard to come by: the mayor looks to cities that are growing and thriving and sees rail service as a key component of the local transportation strategy; the county exec looks at Milwaukee’s deteriorating bus system and wants those federal funds to shore up and improve county bus transportation.

Where Barrett sees local rail service as a critical economic development tool that can invigorate the region, Walker sees inflexible routes and minimal practical benefit. Where Walker sees improved bus service as a reliable system for moving workers and students, Barrett sees a county bus system that is in a “death spiral” which cannot be fixed just with more buses. Continue reading “Mayor Barrett and County Exec Walker on the Future of Mass Transit in Milwaukee”