Virtual Book Club

We add a new feature to the Marquette Law School Faculty Blog this semester: a virtual book club.  Over the course of the semester, participants will read and post about a particular book.  The book this semester will be The Invisible Constitution by Laurence Tribe (left).  From the publisher’s description:

As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings.

In The Invisible Constitution, Tribe argues that there is an unseen constitution — impalpable but powerful — that accompanies the parchment version. It is the visible document’s shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it.

Joining me in commenting on the book will be: Rebecca Blemberg, Bruce Boyden, Rick Esenberg, Melissa Greipp, Gordon Hylton, Julian Kossow, Mike McChrystal, Chad Oldfather, and Phoebe Williams.  I look forward to reading what my colleagues will have to say over the course of the semester.

Continue ReadingVirtual Book Club

Law & Baseball

Matt Mitten has a new paper on SSRN entitled Baseball: An Illustration of How Professional Sports Are Structured, Internally Governed, and Legally Regulated in the USA.  The paper, which is based on a presentation Matt delivered at Dongguk University in Korea, provides an engaging overview of key legal issues in the regulation and administration of Major League Baseball.  I, for one, am still astonished whenever I read about that antitrust exemption!

Continue ReadingLaw & Baseball

Seventh Circuit Week in Review: Prior Crimes Evidence, Career Offender Guideline, and More

The Seventh Circuit had four new opinions in criminal cases last week.  In United States v. Millbrook (No. 07-2931), the court (per Judge Rovner) affirmed the defendant’s conviction and sentence for drug trafficking and other offenses.  The defendant’s appeal raised several issues, the most interesting of which was yet another Rule 404(b) question regarding the use of prior crimes evidence.  I have blogged about several of these cases recently, criticizing the Seventh Circuit’s deference to poorly justified decisions by district court judges to admit highly prejudicial prior crimes evidence.  In Millbrook, the court once again affirmed, albeit with a caution that the case was “at the outer limits of what is permissible under Rule 404(b).”

Continue ReadingSeventh Circuit Week in Review: Prior Crimes Evidence, Career Offender Guideline, and More