Celebrating a Scholar’s Life

Walter Weyrauch, Stephen C. O’Connell Chair and Distinguished Professor of Law at the University of Florida, passed away last fall after more than a half century of faculty service at UF Law School.  A memorial service — quite a warm and joyous reminiscence and celebration of Walter’s life and work — was held last month in Gainesville. My admission ticket was courtesy of my wife, Professor Alison Barnes, for whom Walter was a mentor and co-author, as well as a dear friend.

What prompts me to write about the memorial service was one particular theme that almost every speaker emphasized. Walter was scholar to his core, an indefatigable reader, and a highly original thinker. Quite importantly in terms of his scholarship, Walter had a key insight.

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Dominic James and His University

An article in this morning’s Milwaukee Journal Sentinel quotes a Marquette undergraduate student with respect to his sense of connection to the university. The student, Dominic James, an excellent player on Marquette’s excellent basketball team, recently was injured and will be unable to play for the balance of the season. In discussing the support he receives from the team, Mr. James said,

I couldn’t ask for a better group of guys. It’s hard just discussing it. That’s my family. The support has been unbelievable. And it’s not just from my teammates; it’s from the whole Marquette family. That’s the reason why I came here . . . and that’s the best thing about this university. It has nothing to do with how long the ball’s bouncing; it’s got to do with how long your heart’s beating. And as long as my heart’s beating, I know I’m going to be taken care of when it comes to Marquette.

What a remarkable statement about the connection between a student and his university. I wonder whether (and certainly hope that) such connections are possible in a law school.

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Must Lawyers Disclose Their Role as Ghostwriter?

Professor Michael W. Loudenslager of Appalachian School of Law has ventured into the thorny thicket of affirmative duties to disclose in his provocative article, Giving Up the Ghost: A Proposal for Dealing With Attorney “Ghostwriting” of Pro Se Litigants’ Court Documents Through Explicit Rules Requiring Disclosure and Allowing Limited Appearances for Such Attorneys, 92 Marq. L. Rev. 103 (2008). The crux of the issue is whether behind-the-scenes drafting of one or more litigation documents for a pro se litigant, by a lawyer who does not appear in the matter nor otherwise disclose her involvement, constitutes misconduct. The principal concern is whether the court and adversary are likely to be misled inappropriately by the nondisclosure. The issue arises frequently because so many matters must go to court, from collection cases to divorces to traffic offenses, and the cost of full representation is either beyond the reach of many litigants or is, in their judgment, not cost-effective. The authorities are divided as to whether disclosure should be required. Loudenslager does a fine job of taking us through the arguments and offers a solution of his own. It makes for engaging and thought-provoking reading.

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