Federal Law & Legal System – Page 111 – Marquette University Law School Faculty Blog

Obama’s “Feminine” Communication Style

Post author:Andrea K. Schneider
Post published:July 23, 2010
Post category:Negotiation President & Executive Branch

A few weeks ago, Kathleen Parker, a writer for the Washington Post, likened Obama to a woman because of his negotiation style, calling him the first female president. (See the article here.) Confronted with crises and criticisms, our President hasn’t responded in the alpha dog style of many male politicians. Instead, he’s a listener and talks it out. Traditionally, according to Parker, these methods are exercised almost exclusively by women. While the author is quick to commend the President on this refreshing change from the norm, she also points out that his style, especially in response to crises like the BP oil disaster, may have decreased his effectiveness. Does this mean that women, in negotiating and communicating in this talk-it-out method are also less effective? Or is that assessment only true of men who adopt that style? The article goes on to cite research from University of Minnesota Professor Karlyn Kohrs Campbell, who asserts that men can adopt feminine communication styles without the consequence of being labelled as ineffective. Parker, however, isn’t convinced that Obama hasn’t suffered for his adoption.

Study Reveals Illegal Racial Discrimination in Jury Selection

Post author:Melissa Longamore
Post published:July 20, 2010
Post category:Criminal Law & Process Milwaukee U.S. Supreme Court Wisconsin Criminal Law & Process

Last month, the Equal Justice Initiative (EJI) released a study, “Illegal Racial Discrimination in Jury Selection: A Continuing Legacy,” which revealed a prevalence of racial bias in jury selection in the South. The report stands as the most comprehensive study of racial discrimination in jury selection since 1986, when the US Supreme Court sought to limit the practice in the landmark case Batson v. Kentucky.

Racial discrimination in jury selection first became illegal when Congress passed the Civil Rights Act of 1875. Despite federal legislation, people of color continue to be excluded from jury service because of their race, especially in serious criminal trials and death penalty cases.

Evidence suggests the phenomenon persists through the use of peremptory challenges. A peremptory challenge essentially provides attorneys the ability to exclude a certain number of potential jurors without explanation of their removal.

“Past Formalities” and “Present Realities”: Why Wendy Isn’t a Parent at All

Post author:Taylor Barnes
Post published:July 19, 2010
Post category:Constitutional Interpretation Family Law Federal Law & Legal System U.S. Supreme Court Wisconsin Civil Litigation Wisconsin Court System Wisconsin Law & Legal System

On June 24^th, the Wisconsin Court of Appeals ruled against a woman seeking legal recognition of her parental rights for the two children she adopted with her ex-partner. The two women adopted their children in 2002 and 2004 from Guatemala. The woman appealing, known in the record as Wendy, stayed at home with the children, while her partner, recorded as Liz, worked as an attorney. Liz was the legal adoptive parent so that the children could be on her healthcare plan. When the couple split up, the two women agreed to an informal custodial arrangement, but Wendy has no legal rights over or to her children. When Liz stopped allowing Wendy to see the children, Wendy lacked any legal recourse.

Wisconsin law does not permit same-sex couples adoptive rights; only one parent is the “legal parent.” The court justified its decision on the basis that Wisconsin law defines a “parent” as only the biological or adoptive parent. Wendy is neither of these and thus, at least under the law, not a parent at all.

This leads to questions that are more cultural than legal (though still legal, yes). How do we define parent? How do we define family? The Supreme Court has spoken to these questions, though not in the terms at issue here.