Alumni Contributor – Page 2 – Marquette University Law School Faculty Blog

Force Majeure – The Little Clause That Could

Post author:Molly Madonia
Post published:May 5, 2020
Post category:Alumni Contributor Public

[The following is a guest post from Molly Madonia, Law ’16, a prior guest alumni contributor to the Blog.]

What do the great Beyoncé Knowles and force majeure clauses have in common? They both demand that we put some respect on their check.

Force majeure clauses in transactional agreements have often been used arbitrarily, perhaps as a legalese-y afterthought, as an easy exit from the contract, or even added merely to shift the signature blocks onto the proceeding page. However, in the time of an international pandemic, unpredictable supply chain, and abundant contractual frustration of purpose, force majeure clauses are finally getting their time to shine. Now, these often-tertiary little provisions are single-handedly keeping businesses afloat, keeping creditors at bay, and punching well-above their weight class across all types of contracts.

When Must a Catholic Judge Recuse from Cases Involving His Diocese?

Post author:Daniel Suhr
Post published:April 7, 2020
Post category:Alumni Contributor Judges & Judicial Process Public Religion & Law U.S. Supreme Court

[The following is a guest post from Daniel Suhr ’08, a prior guest alumni contributor to the Blog.]

Yesterday the U.S. Supreme Court denied certiorari in Archdiocese of Washington v. Washington Metropolitan Transit Authority. According to the order in the case, Justice Kavanaugh took no part. In his statement respecting the denial of certiorari, Justice Gorsuch wrote, “Because the full Court is unable to hear this case, it makes a poor candidate for our review. But for that complication, however, our intervention and a reversal would be warranted….” Justice Kavanaugh was a member of the D.C. Circuit panel that first heard oral argument in the case when he was Judge Kavanaugh, and thus could not hear the case again on appeal. See 28 U.S. Code § 47 (he subsequently withdrew from the panel).

Some have suggested that Kavanaugh was recused (either at the DC Circuit or SCOTUS) because he was an active member of a parish in the Archdiocese of Washington. This is not the standard for recusal for any judge on cases involving institutions of his or her faith.

Courts consistently hold that judges do not have to recuse when their denomination has taken a public stand on an issue before the judge.

Advice for a Rewarding Career as a Woman Lawyer

Post author:Lynne M. Halbrooks
Post published:March 4, 2020
Post category:Alumni Contributor Legal Profession Public

[For Women’s History Month, we invited some of our alumni to provide their reflections as guest bloggers of the month. This post is from Lynne M. Halbrooks, L’88.]

In the three decades since I became a Marquette Lawyer, I have had the opportunity to cross paths with dozens of woman lawyers early in their careers. I have mentored, hired, and worked with tremendously talented young women who have had diverse and amazing professional experiences. I watched them struggle, overcome obstacles, and excel in their jobs. The same is true for my law school friends and women I had the privilege to work for over the years. My experiences as a government lawyer, in private practice, and now as in-house counsel have introduced me to women lawyers working in a wide variety of jobs across the legal industry. The following five tips for a rewarding legal career are based on my own experiences and my observations of how successful women lawyers have navigated their careers.

1. Work with people you like. You will spend a lot of hours at work, especially if you’ve chosen a career in private practice. There will be teamwork, meetings, lunches, and maybe even travel and dinners together. It is important that you like your supervisor and your colleagues.