Richard M. Esenberg – Page 45 – Marquette University Law School Faculty Blog

Appreciating Our Professors: Opposites Attract

Post author:Richard M. Esenberg
Post published:November 7, 2008
Post category:Legal Education

[faculty photo] Here is a weird alignment of the stars that – I swear – was completely unplanned. Responding to the call for a post on our most influential law professors, Professor Papke, who I think would proudly acknowledge his place on the left side of the playground, offered an obviously heartfelt homage to the conservative Robert Bork who he was lucky enough (I’m jealous) to have had for Constitutional Law.

I had Larry Tribe for Con Law, but, although I have great respect for him, he’s not the one that I want to remember here. No, even though I am hanging off the jungle gym on the right side of the lot (and we are quite happy to have concrete beneath us), I want to turn port way past Larry to the guy who, after reflection (and I came to this conclusion before David’s post), was the law professor who influenced me the most.

“When You Go To Tearing the Lights Off My Jesus … You Just Don’t Do That”

Post author:Richard M. Esenberg
Post published:November 5, 2008
Post category:First Amendment Religion & Law

So says Daniel Long of Muncie, Indiana, who put a statue of Jesus outside the patio door to his apartment. Mr. Long placed a spot on the statue that casts His shadow on the apartment building, which apparently overlooks a polling place.

The manager of the complex asked him to remove the statue and, when Long refused, tried to remove it himself, causing a near altercation and the observation that titles this post.

What I find interesting is the manager’s claim that he is required to remove the statue because of the Fair Housing Act, which prohibits any “notice, statement or advertisement that indicates a preference, limitation or discrimination based on religion” in the sale or rental of housing.

That argument seems to be a non-starter.

Update on Prior Restraint

Post author:Richard M. Esenberg
Post published:November 3, 2008
Post category:First Amendment Political Processes & Rhetoric Wisconsin Law & Legal System

The Court of Appeals has stayed the TRO, saying “we are aware of no caselaw which permits prior restraint of speech before an adjudication on the merits of the defamatory nature of the statement at issue.” It will, however, permit Radcliffe’s lawyers to submit a brief. I don’t think that’ll change anything.

Update: Having read the entire transcript of yesterday’s hearing, it appears that the court based its order on defamation, not because of constitutional concerns over 12.05 (he declined to entertain them), but because he thought that 12.05 did not provide for a civil action.