Investiture of Hon. James A. Wynn, Jr.

Hon. James A. Wynn, Jr.

It was my great pleasure to attend the investiture of Jim Wynn (L’79) as a judge on the United States Court of Appeals for the Fourth Circuit. The ceremony at the federal courthouse in Raleigh, North Carolina, drew an enormous crowd, well into the hundreds, requiring that the large majority of those in attendance view the event in various courtrooms in the building through a video feed.

It was no great surprise that Judge Wynn was nominated and confirmed as a judge of the United States Court of Appeals. He had distinguished himself as an undergraduate at the University of North Carolina at Chapel Hill, as a law student at Marquette (during my days as assistant dean), as an officer in the U.S. Navy Judge Advocate General’s Corps, as a lawyer in private practice, as a leader of the American Bar Association and the Uniform Law Commission, and as an appellate judge on the North Carolina Court of Appeals and North Carolina Supreme Court. Not a bad record for a fellow who grew up in a small farming community in the Coastal Plains region of North Carolina.

Judge Wynn was characteristically gracious to those of us from Marquette who were present. Dean Joseph Kearney was included among the speakers, and not only were his warm congratulations and greetings from Marquette well received, but his punch lines got especially good laughs. (Example:  “But I am presumptuous enough to bring greetings from the past. For I have brought Judge Wynn’s student file with me—I would say that I do this by the power vested in me as dean, but I may be about to violate the FERPA law concerning educational privacy.”)

Seventh Circuit Judge Diane Sykes (L’84) was seated at the front of the courtroom, just in front of the presiding Fourth Circuit bench, every one of whose members was present for Judge Wynn’s investiture—the first time in anyone’s memory that there was a full turnout of the court for such an event. Judge Wynn’s classmates Joseph Yana, John Rothstein, and Dan Dennehy also had prime seats in the ceremonial courtroom, as did I, rubbing shoulders with the Wynn family and with leaders of the North Carolina bench and bar. Marquette trustee Chuck Svoboda, himself a North Carolinian, was also in attendance, as were Reuben Daniels (L’78) and Florence Johnson Raines (L’91).

It is always a pleasure and satisfaction to see a Marquette lawyer achieve impressive professional goals. The pleasure is especially great in the case of Jim Wynn, for the qualities of excellence, faith, leadership, and service etched into the hearth in the Aitken Reading Room are so clearly etched into Jim’s character as well.

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Memories of Sensenbrenner Hall (Part 3)

As the Law School community prepares to leave our current home and move into a new facility, it seems appropriate to pause and recall some of the memorable events that have taken place in Sensenbrenner Hall over the years.  Professor Michael McChrystal shares the third of what we hope will be many recollections of classroom surprises, distinguished visitors, and construction oddities associated with our present surroundings.  These memories will ensure that Sensenbrenner Hall lives on forever in our hearts. 

 For many years, the Wall of Judges, on the first floor hallway in old Sensenbrenner, included photographs of alums who were county or circuit court judges in the state.  The wall was filled with photos, which were probably six by eight inches in size, if I recall correctly.  There was a statistic floating around that one in every twenty graduates was a judge, although I have no sense of the accuracy of that count, nor even of how “judge” would be defined for that purpose.

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Gulf Oil Disaster — Lessons in Torts and Bailouts

The oil rig explosion that killed eleven workers and causes the daily flow of an estimated 200,000 gallons of oil into the Gulf of Mexico presents a gut check moment on tort policy.  A lot of harm has been and will be caused by this catastrophe, and somebody will bear the cost of that harm. Should it be the responsible parties? the victims? the taxpayers?

American tort law, under the principles of proximate cause and nuisance, tells some victims that they must bear the cost of their own harm because it is either too remote (not a “proximate” cause) or too common (to be compensable, damages from a public nuisance must be “different in kind” from those suffered by others) to require the responsible party to pay. The responsibility of those whose conduct caused the harm must have a “sensible and just” stopping point, according to established doctrine. As a general matter, under common law principles, it is “sensible and just” to cause victims to bear their own costs if the harm they suffer is essentially economic or emotional in nature, as opposed to bodily injury or property damage.

These uncompensated losses often hit the taxpayers as well as the victim. 

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