It is nearly 60 years since the Supreme Court of the United States unanimously held, in Gideon v. Wainwright (1963), that individuals facing criminal charges are constitutionally entitled to representation by lawyers. And it has been just over 20 years since the death of Marquette Law School Dean Howard B. Eisenberg, who, early in his career, was a central figure in Wisconsin’s effort to comply with Gideon—in designing the state’s system for providing publicly funded representation for defendants unable to afford an attorney.
The cover package of the Fall 2022 issue of Marquette Lawyer magazine examines how Wisconsin’s system works today.
Rink and Marrufo argued in four preliminary rounds against teams from Nova Southeastern, Thomas Jefferson, South Texas, and the University of Houston. They succeeded in advancing as the higher seed to the octofinals, where they faced a team from the University of Wisconsin.
The team’s legal issues involved the legality of the use of an automatic license plate retrieval system, which uses cameras on public roads to scan passing license plate numbers, to track a mass shooting suspect without a warrant and the legality of a subsequent warrantless entry into the suspect’s home. Continue reading “MULS Students Show Off Oral Advocacy Skills in San Diego”
Past, present, and future. Look to all three in judging the success of any higher education program. Consider the Fall 2021 issue of Marquette Lawyer magazine as a way of putting the Marquette Law School’s sports law program up to judgment in just those ways—and we’re not shy about saying the verdict is strongly favorable. Marquette has been breaking ground in sports law for decades, it continues to be a leader, and the future of our students is promising.
The new magazine, titled “The Sports Law Issue,” looks to the past with a profile of Ray Cannon, from the Law School class of 1913, who became a pioneer of sports law in the United States. The fascinating story is written by Cannon’s grandson Thomas G. Cannon, a former professor at Marquette Law School. It describes Ray Cannon’s legal work on behalf of famed athletes such as Jack Dempsey, the world heavyweight champion boxer; “Shoeless Joe” Jackson, a baseball star who was accused (wrongly, it would seem) of accepting money to throw the 1919 World Series; and Red Grange, whom some consider the greatest college football player of all time. Ray Cannon was also involved in early efforts to form an association of baseball players to help them deal with team owners. The story may be read by clicking here.
The magazine looks to the present with profiles of 14 Marquette lawyers who participated in the sports law program while in law school. They have gone on to successful careers, variously in sports and in broader fields of law. Included are some of the Marquette lawyers working for major sports franchises, teaching college courses, handling the legal needs of college sports programs, working in the business world, representing private clients, leading private businesses, and developing nonprofit organizations.
And the magazine looks to the future with profiles of six students now in the sports law program and on track for legal careers.
The emergence of drug-treatment courts and other specialized “problem-solving courts” (PSCs) has been among the most important developments in American criminal justice over the past three decades. Founded in 1989, Miami’s drug-treatment court is often credited as the nation’s first PSC. The court was developed out of a sense of frustration that conventional criminal-justice responses to drug crime failed to address underlying addiction problems, resulting in a seemingly never-ending cycle of arrest, incarceration, return to use, and rearrest for many individuals. Treatment might be offered, or even required, within the conventional system, but the results were often disappointing. However, the drug-treatment court aimed to provide treatment within a different framework. The judge kept close tabs on the defendant’s progress, working with a team of court personnel and treatment providers to ensure adequate support for the defendant’s rehabilitation and appropriate accountability for backsliding.
The drug-treatment court concept spread rapidly. Hundreds of such courts were created by the late 1990’s, and thousands exist today. Moreover, the drug-treatment court model—specialized caseload handled by an interdisciplinary team, provision of social services to address underlying causes of criminal behavior, close judicial supervision, and use of carrots and sticks to keep defendants progressing through treatment—has been adapted to handle a wide range of other offender groups. The PSCs now in operation in many jurisdictions include mental health courts, homelessness courts, DUI courts, prisoner reentry courts, and veterans courts.
There was unanimous concern about the overall issue. There was unanimous willingness to work together. There was open and substantial conversation. But it will take time to see what will actually happen when it comes to progress on how to police communities and how to achieve good accountability when things related to police go bad.
That summarizes a two-hour conference on policing and accountability hosted by the Marquette Law School and the Marquette Forum, a university-wide set of efforts to address major issues. Participants included major figures involved in controversies over the subject and in the aftermath of several police shootings of black men. The conference was posted on the Law School’s web site on March 10, 2021.
Yes, the justice system in Milwaukee County is likely to come out of the pandemic operating better than it was before.
Yes, a lot of lessons have been learned, and some of them will have lasting impact.
But no, operating remotely and under the constraints imposed by COVID-19 precautions is not such a great thing, overall, and a return to in-person work as the predominant way the system operates is needed.
Numerous social commentators have noted how the pandemic has hit the least powerful and prosperous parts of the population the hardest. Infections, hospitalizations, and deaths have been disproportionally high among the poor, people of color, recent immigrants, Native Americans, and the elderly.
The pandemic has also underscored the worst places to work and live, with the pejorative “worst” referring to the way certain places weigh heavily on the body, mind, and spirit. These places are not only individualized but also organized into types and categories. I nominate three types of places as the worst in the United States: prisons, nursing homes, and food processing plants.
Media accounts have reported at length on how COVID-19 has ravaged prison populations, but prisons were undesirable places long before the virus arrived. The nation has in general abandoned any commitment to rehabilitate inmates, and prisons have deteriorated into demeaning, dangerous warehouses. Diseases and medical problems are four to ten times as common as they are in the general population, and the Prison Policy Initiative and Wisconsin Department of Corrections estimate that 42% of the state’s inmates suffer from one or more mental illnesses. According to the prominent sociologist Jonathan Simon, most of the nation considers prison inmates to be “toxic waste” of a human variety and thinks of the people who run the prisons as engaged in “waste management.”
Nursing homes have been the places in which 40% of COVID-19 fatalities have occurred, and some of the most excruciating pandemic scenes have involved distraught friends and relatives saying goodbye to confused and dying residents through tightly-sealed windows. Continue reading “The Worst Places in America”
Slogans are appropriate, even useful, for rallies or marches. In-depth thought is what should be expected from law schools. The Fall 2020 issue of Marquette Lawyer magazine offers a weighty serving of the latter, while examining implications of the former.
With the overall title of “The Crime and Society Issue,” the new magazine’s cover package features three pieces focusing on assessing and potentially improving the criminal justice system, from the time of an arrest through the charging and court processes, and ways of sanctioning people who commit crimes. Each piece features expertise and insight presented at Eckstein Hall events by scholars from coast to coast.
The lead story starts with some of the controversial ideas heard during 2020, such as “defund the police,” and explores ways the justice system could be improved when it comes to the overall safety and stability of urban communities. “The Case for Careful but Big Change” focuses in large part on the ideas of Paul Butler, the Albert Brick Professor in Law at Georgetown University, particularly as he presented them in Marquette Law School’s annual Boden Lecture and in an “On the Issues with Mike Gousha” program (last academic year, before the COVID-19 pandemic halted in-person programs at Eckstein Hall). Continue reading “New Marquette Lawyer Magazine Goes Deep in Looking at Crime and Society”
The threat of violent recidivism looms large in policy debates about sentencing and corrections. Prison populations in Wisconsin and across the United States remain near historic highs. Yet, efforts to bring down those populations often run into the objection that most of the individuals in prison have been convicted of violent crimes. What if these individuals reoffend after release? The stakes seem frighteningly high when we contemplate the possibility of shorter sentences for individuals who have physically harmed others in the most damaging and disturbing ways–shootings, stabbings, sexual assaults, and so forth.
Last summer, Marquette Law School hosted a conference that brought together leading researchers to address the question of whether there might be better alternatives than long-term incapacitation for responding to the threat of violent recidivism. Those of us in attendance enjoyed a thought-provoking series of presentations and some lively Q&A with audience members. Now, the papers from the conference have been published in a symposium issue of the Marquette Law Review.
Marquette University Law School Student Bar Association writes to you today to address the tragedy that we as a community and a country have faced in the last three weeks. Not one of a pandemic, but rather the state-sanctioned murders of Black Americans. Namely, Ahmaud Arbery, Nina Pop, Breonna Taylor, George Floyd, and countless others. Their deaths are not novel, and we would be remiss to categorize them as such. Their deaths are the tragic manifestation of a long-standing system of racial oppression that continues to unjustly claim the lives of Black Americans.
Kelli Thompson admits she wasn’t entirely eager to become a lawyer, particularly the kind involved in courtroom work. As a student at Marquette Law School, “I probably did a very, very good job of staying far, far away from any kind of trial advocacy or litigation type of class. I think my thought was I would get the J.D. behind my name and just do something else. The something else, I have no idea what that was going to be.”
But, she said during an “On the Issues with Mike Gousha” program at Eckstein Hall on October 15, 2019, “In my third year of law school, I think it was killing my father that I was not even considering going into a courtroom.”
Her father, by the way, is Tommy G. Thompson, who, at that time in the mid-1990s, was governor of Wisconsin.
Kelli Thompson recalled, “At that point in time, he certainly wasn’t pushy, but he said, ‘Before you decide you hate it (courtroom work), you at least have to try it.’ . . . He said Marquette has wonderful clinical programs.” He told his daughter to pick one. “I said, ‘OK, you pick for me because I don’t know what I want to do’ . . . He said, ‘There’s no doubt, public defender, you should go there.’
Paul Butler refers to himself as “a recovering prosecutor.” A native of the south side of Chicago, he graduated from Harvard Law School, clerked for a judge, and went into private practice. He became a federal prosecutor with the hope he would part of solving problems in the criminal justice system that lead to so many people being incarcerated, especially African American men. He concluded that, as a prosecutor, he was part of the problem and not the solution. He left the job and is now the Albert Brick Professor of Law at Georgetown University and an advocate for major reform of the criminal justice system.