Constitution Day

imagesSome portions of the Constitution are the subject of frequent discussion. Concepts like “due process,” “equal protection,” “freedom of speech,” and the like are headline-grabbers. Phrases like “Commerce … among the several States” do not resonate quite as much with the general public, but are certainly familiar to lawyers.

A glance at the Constitution reveals that there is much more to the document, some of it mysterious. There is, for example, talk of “Emoluments,” “Letters of Marque and Reprisal,” and “Corruption of Blood.” Indeed, large portions of the Constitution make at best infrequent appearances in public discourse. There is, one might say, an Overlooked Constitution.

Continue ReadingConstitution Day

Constitution Day Symposium on Judicial Elections

JustRunGreen09On Saturday, I ran a 5K in Stevens Point, in support of Justiceworks, Ltd., a nonprofit organization “dedicated to the advancement of programs and practices that secure right relationships between offenders, victims, and their communities” in Portage County.  My father lives and works in that community and asked me and my sisters to participate in the race.  It was incredibly pleasant, a flat run along the river in picture-perfect weather.

I knew very little about the organization before agreeing to do the run, and in my post-race googling I discovered that Justiceworks is a co-sponsor (along with the Portage County Bar Association and the University of Wisconsin-Stevens Point) of an upcoming symposium entitled Judicial Elections:  Navigating the Collision Course (note to lawyers: 7 CLE credits approved).  The conference will take place on September 17, 2009, and the lineup of presenters is impressive, including Bert Brandenburg, Executive Director of the national Justice at Stake Campaign; Thomas J. Basting, Sr., who served as President of the Wisconsin State Bar Association in 2007-08; and Wisconsin Supreme Court Justice Shirley Abrahamson.

The conference brochure promises that the program will “raise awareness about the significant issues confronting the State of Wisconsin in its judicial elections,” noting that

Continue ReadingConstitution Day Symposium on Judicial Elections

Seventh Circuit Criminal Case of the Week: Ink Blots, Allocution, and Error

seventh circuit

The Seventh’s Circuit opinion last week in United States v. Noel (No. 07-2468) reveals a substantial division over how to handle violations of a defendant’s right to address the court at sentencing.  As now codified in Federal Rule of Criminal Procedure 32, the Supreme Court has held that defendants must be personally invited to address the court before being sentenced; it is not enough for defense counsel to be given an opportunity to speak.  I have long thought this right of allocution to be a Rorschach test of sorts, revealing fundamental disagreements in the way that criminal procedure rights are conceptualized. 

Continue ReadingSeventh Circuit Criminal Case of the Week: Ink Blots, Allocution, and Error