MULS 2009 Works-In-Progress Workshop (June Session)

champTo open my month as faculty blogger, I would first like to thank my colleague Michael O’Hear, whose dedication to, and work for, the Marquette Faculty Blog since its creation last summer have been incredible.  This is very much one of the major reasons why this project has been so successful and brought so many wonderful contributions to so many aspects of the law so far.

Another fundamental area where the Marquette Law School faculty is also showing important contributions to the law is the production of scholarship that results in law review articles, book chapters, textbooks, etc.  We often present and discuss these works when they are still in progress in conferences around the country with our colleagues in our areas at other schools.  Still, to facilitate even further these very important discussions, the MULS Academic Programs Committee, led by Professor Chad Oldfather, has organized two sessions of an in-house Works-in-Progress Workshop for June and July.

The June session was a great success. A group of eight of us met this past Wednesday and presented our works-in-progress, from very rough to more completed drafts of scholarship, to our colleagues participating in the program. 

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Reflections of a 3L, Installment One: Put Down That Book and Go To the Gym; or, Yes, You Do Have Time.

As I’m very, very fond of telling people, I am now a 3L.  A 3L in my last semester, no less.  Actually, I will graduate exactly 100 days from today.  (Awesome.)  So I’ve been reflecting a bit lately on my law school career, and I’ve noticed that there are ways I could have managed parts of it better.  As many of you already likely know, I have a general propensity to dispense unasked-for advice.  Lucky for me, Professor O’Hear kindly offered me the opportunity to climb up on my e-soap box here. (Thanks so much for that!)  Thus I bring you…

Reflections of a 3L, Installment One: Put Down That Book and Go To the Gym; or, Yes, You Do Have Time.

The more you move your body, the more energy you have to move your body.  Exercise introduces endorphins into your system that make the daily grind seem smoother.  And my mother swears – though I’m pretty sure she’s making this up – that your body will grow new blood vessels to your brain if you exercise on a regular basis.  As my fellow 3L Staci Flinchbaugh put it, there is just no downside to exercising.  Not that I’ve been doing it much during law school.  Ok, at all.   I haven’t been exercising at all.  There was never a time when I decided, “Ok, absolutely no more physical activity for me aside from pack-muling these books to and from class.”  It just happened by increments.  Not today, I have that brief due.  Not today, I am super far behind in my reading.  Etc.  I even signed up for a Pilates class my first semester.  Alas, my attendance was short-lived.  And it likely resulted in a group of undergrads who still discuss the weird woman who came to Pilates and kept falling asleep on the mat.  

Continue ReadingReflections of a 3L, Installment One: Put Down That Book and Go To the Gym; or, Yes, You Do Have Time.

Health Care Magnet?

Last January, I published a piece in WI Interest, the journal of the Wisconsin Public Policy Research Institute, arguing that the drafters of Healthy Wisconsin — or any similar program purporting to enact a universal entitlement to health care in a single state — could not constitutionally impose a residency requirement, creating the risk of health care migration and the associated problems of adverse selection. I did not seek to explore whether such migration would occur or who would migrate. I speculated, in fact, that the migrants would not be poor people, but those who are older or high risk.

WPRI has now published a study evaluating the probability of such migration. I have not yet carefully examined it, but I continue to believe that such migration (and the Supreme Court precedent that protects it) is a serious obstacle to state efforts to enact some form of universal health care and, for that matter, a variety of other initiatives that states may undertake in their once honored roles as “laboratories for democracy.”

Cross posted at PrawfsBlawg and Shark and Shepherd.

Continue ReadingHealth Care Magnet?