New Marquette Lawyer Celebrates Eckstein Hall and the Man Who Designed It

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Image of Ralph Jackson on the Marquette Lawyer CoverHas it been 10 years already? Yes, the tenth anniversary is at hand for the groundbreaking for Eckstein Hall on May 22, 2008.

How have things worked out? Anyone who spends time—and especially anyone who spends a lot of time—in the home of Marquette Law School knows the answer: Very well.

The new issue of Marquette Lawyer magazine marks the anniversary of the start of building Eckstein Hall and celebrates the building’s success with two featured pieces, following an introduction by the dean including the famous photo of Tory Hill from the day of the groundbreaking.

One entry is a profile of Ralph Jackson, the Boston architect who was the lead figure in designing the building. Jackson, now retired, has a powerful personal story, rising from modest roots to national prominence as an architect. The story, “How Ralph Jackson Found His Voice,” may be read by clicking here.

The second feature is a photo essay on a day in the life of Eckstein Hall. The 22 pages of beautiful photos illustrate many of the facets of the identity of Marquette Law School as seen on one day, Nov. 14, 2017. The photo essay may be viewed by clicking here.

The new magazine includes other valuable reading, including:

“International Human Rights Law: An Unexpected Threat to Peace,” an edited text of the Boden Lecture delivered by Ingrid Wuerth, who holds the Helen Strong Curry Chair in International Law at Vanderbilt University. Read it by clicking here.

“Migration Challenges: Trends in People’s Movement to and from the Milwaukee Area and Wisconsin Illuminate Important Issues,” a piece in which John D. Johnson, research fellow with the Law School’s Lubar Center for Public Policy Research and Civic Education, and Charles Franklin, the Law School’s professor of law and public policy, analyze population trends. It may be read by clicking here.

“An Unveiling and a Blessing.” A portrait of St. Edmund Campion was unveiled at a ceremony on October 25, 2017, and now hangs in the Chapel of St. Edmund Campion in Eckstein Hall. An image of the portrait and the text of remarks at the ceremony—variously by the Hon. Paul D. Clement, Dean Joseph D. Kearney, Rev. Thomas S. Anderson, S.J., and the portrait’s artist, Henry Wingate—can be found by clicking here.

The “From the Podium” section includes texts of speeches at the Columbus Day Banquet of the Wisconsin Chapter of the Justinian Society of Lawyers on October 13, 2017, by the three honorees: State Public Defender Kelli S. Thompson, Dean Kearney, and Judge William Brash III. The section also includes “The Person on the Other Side of the Table,” the text of remarks from Michael J. Gonring, executive director of the Legal Aid Society of Milwaukee, upon receiving the Faithful Servant Award of the St. Thomas More Lawyers Society. Read the section by clicking here.

The Class Notes section, which may be read by clicking here, includes entries about Jessica Poliner, L’06, who coauthored a book with advice for improving gender equity in the workplace, and about Rachel Lindsay, L’11, who gained fame by appearing on the television programs The Bachelor and The Bachlorette, but who continues her work as a lawyer in Dallas.

To view the entire magazine, click here.

Pop Music and International Relations

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The Korean pop music group Red Velvet, consisting of five women wearing blue and white outfits, pose on a stage in Inchon, South Korea.Some find the superficiality and commercialism of pop music troubling enough to justify ignoring the whole thing.  However, if a music fan approaches pop music with some variety of critical consciousness, the pop music fan can use it to consider everything from personal values to national identity.  If recent developments in the Korean Peninsula are any indication, pop music, a type of pop culture, can even play a role in improving international relations.

North Korea has traditionally been leery of South Korean and especially American pop culture.  For years, the North Korean government attempted to suppress DVDs and thumb drives with pop cultural television shows, movies, and popular music.  Often smuggled into North Korea from China, these pop cultural works struck the government as evidence of bourgeois decadence.  Mere possession of South Korean or American pop culture was a criminal offense and could lead to a sentence in prison camp. Continue reading “Pop Music and International Relations”

Tuition Reduced for Summer Study Abroad in Germany

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A group of over 30 law students stand together holding their certificates at the Closing Ceremony of the 2017 program in Giessen, Germany.
Summer Schools Justus-Liebig-Universität 2017 Closing Ceremony

Time is running out to apply for the 2018 Summer Session in International and Comparative Law to be held over 4 weeks in Giessen, Germany (July 14 – August 11, 2018).  The tuition for the program has been reduced in the amount of $750.  Accordingly, the total amount of academic and non-academic fees for 4 Law School credits, lodging and two field trips has been reduced to only $4,350 (airfare is still the responsibility of each student).  We are very pleased to be able to provide this reduction in the total cost of the program for all of our participants.

The deadline for applications for this summer’s program is March 23.  Applications will be accepted after the deadline if there is space available.  Applications can be downloaded on the following webpage:

https://law.marquette.edu/programs-degrees/international-comparative-law-germany

Additional details, including course and faculty information, can be viewed by navigating the links on the webpage.

This is a fantastic opportunity to live and learn with law students from all over the world and to take classes from an international faculty.  Don’t let this chance pass you by.

See Professor Fallone if you have any questions, or email him at edward.fallone@marquette.edu .

Japanese Expert Says Good Relations Between Trump and Abe Are A Plus

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The personal chemistry between President Donald Trump and Japanese Prime Minister Shinzo Abe is quite good, and that’s especially important given Trump’s unpredictability in what he advocates and how he goes about his advocacy.

That was the view offered Wednesday at an “On the Issues with Mike Gousha” program at Eckstein Hall by a prominent Japanese expert on the United States, Professor Fumiaki Kubo. He is A. Barton Hepburn Professor of American Government and History in the Graduate Schools of Law and Politics at the University of Tokyo. His visit to Marquette University was facilitated by the Japanese consulate in Chicago.

Kubo said Abe visited Trump at Trump Tower in New York City shortly after the American presidential election in November 2016, and then visited Trump again in Washington and in Florida shortly after Trump took office. The two leaders share an interest in golf and that was a plus, he said. Continue reading “Japanese Expert Says Good Relations Between Trump and Abe Are A Plus”

Congratulations Jessup Moot Court Team

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The four members of the Law School team stand side by side at the Jessup International Moot Court Competition.Congratulations to Mitch Bailey, Brian Laning, Nate Oesch, and Courtney Roelandts for their strong effort in the 2018 Philip C. Jessup International Moot Court Midwest Regionals in Chicago last weekend.  In its 59th year, the Jessup Competition is the world’s largest moot court competition, with participants from over 645 law schools in 95 countries.  This year’s Jessup problem involved the validity of interstate arbitral awards, the capture of a marine vessel, the breach of nuclear disarmament obligations, and the conduct of naval warfare.  The team was awarded 7th Best Memorial in the Midwest Region.  Congratulations!

Attorneys and Marquette Law alumni Rene Jovel (Jessup 2014), Caitlin Noonan (Jessup 2012), and Gina Ziegelbauer (Jessup 2012), as well as Professors Ryan Scoville and Megan A. O’Brien served as team advisors.  Special thanks to Juan Amado (Jessup 2011 and former team advisor), Jared Widseth (Jessup 2014) and Margaret Krei (Jessup 2013) as well as Attorney Nathan Kirschner for giving so much of their time to judge practice rounds this year.  Thanks also to Jeff Perzan for volunteering his time.

Study Abroad Information Sessions This Thursday

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Five students in a classroom in Giessen, Germany respond to the professor's question.
2017 Summer Session in Giessen, Germany

There will be two information sessions this coming Thursday September 21 in order to provide students with important details about the Law School’s study abroad opportunities.  Plan to attend and learn about how to spend one semester of your law school experience in Copenhagen, Madrid or Poitiers, France.  Information will also be available about the 2018 summer program in International and Comparative Law which will be held in Giessen. Germany.  Foreign study can add an international perspective to your legal education, and the Marquette University Law School offers several outstanding study abroad opportunities.  Advance planning is necessary in order to take advantage of these programs, however, so come to the information session in order to learn more about deadlines and application procedures.

Professors Madry and Fallone will be providing information and answering questions on Thursday at noon (in Room 257) and again at 4:30 pm (in Room 255).

Experts Describe Trump’s Big, But Not Unlimited, Foreign Policy Changes

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“Wow.”

Over more than a decade of “On the Issues with Mike Gousha” programs at Marquette Law School, has that ever previously been the first word spoken by someone Gousha was interviewing? But has there ever been a president like Donald Trump before?

So when Gousha opened an “On the Issues” program Thursday by asking Ingrid Wuerth, director of the International Legal Studies Program at Vanderbilt University, for thoughts on  the Trump administration’s foreign policy, her first words were: “Wow, the differences between the Trump administration and the Obama administration.”

Wuerth, a leading scholar of foreign affairs and public international law, listed treaties and other international agreements where Trump has shifted directions substantially from what President Barack Obama did. She said there has been “a significant step back from international law and international organizations.”

But, Wuerth noted, Trump “has not been an international law violator,” and that should be kept in mind. For example, Trump said the United States will withdraw from the Paris Accord on climate change, but he is following the five-year process for doing that rather than simply shutting down American involvement. And he has sought to renegotiate trade agreements, but he has not advocated violating existing ones, Wuerth said. Continue reading “Experts Describe Trump’s Big, But Not Unlimited, Foreign Policy Changes”

Should the Senate Give Advice and Consent on Special Envoys?

Posted on Categories Congress & Congressional Power, Constitutional Interpretation, Constitutional Law, International Law & Diplomacy, President & Executive Branch, PublicLeave a comment» on Should the Senate Give Advice and Consent on Special Envoys?

Potograph of an antique globe of the world showing the continents and nations circa the 1800s.Last month the Senate Foreign Relations Committee passed the Department of State Authorities Act, Fiscal Year 2018, part of which would effect a major change in the law of foreign affairs appointments. With Congress’s summer recess now coming to an end, it’s worth considering the constitutionality of the proposed change and contemplating the Trump Administration’s potential response.

The key provision concerns ad hoc diplomats. Section 301 would require the Senate’s advice and consent for the appointment of “any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Representative, Coordinator, or Special Advisor.” On my reading, accompanying language suggests that this requirement would apply regardless of whether the positions in question already exist, regardless of whether Congress has authorized them by statute, and regardless of whether appointments have already occurred. As an enforcement mechanism, Section 301 would bar the obligation or expenditure of funds for any covered position to which an appointment is made without advice and consent. The only exception is for positions that extend for short periods of no more than six months and are certified by the Secretary of State as “not expected to demand the exercise of significant authority pursuant to the laws of the United States.”

This strikes me as a pretty big deal. Anytime the President seeks to designate an envoy to address a pressing issue, he would have to obtain the Senate’s approval. The Senate would thus be statutorily positioned to vet a whole new class of nominees, scrutinize and publicly debate the policies these individuals will implement, and, in extreme cases, block appointments that appear problematic. An optimistic take is that such an arrangement would promote meritocracy and encourage greater deliberation in the use and selection of ad hoc diplomats. The more pessimistic view is that Senate involvement would interfere with the conduct of foreign relations by introducing an additional source of delay and partisanship.

Whatever one makes of the practical merits of Section 301, there’s a sensible constitutional objection: Article II confers on the President the power to conduct foreign relations, the executive branch has invoked this power to justify a common practice of unilateral diplomatic appointments, and Congress has largely acquiesced. Indeed, ever since the Foreign Service Act of 1980, Congress has expressly accepted that the President may appoint envoys without advice and consent for special missions of up to six months in duration, as long as the President notifies the Senate Foreign Relations Committee in advance. In purporting to end this practice, Section 301 arguably violates the separation of powers. Continue reading “Should the Senate Give Advice and Consent on Special Envoys?”

It Is Not Too Early to Plan for Study Abroad in 2018

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A group of twenty students and faculty pose holding certificates at the Closing Ceremony in Giessen, Germany.
Summer Schools Justus-Liebig-University Closing Ceremony

The Ninth Annual Summer Session in International and Comparative Law, one of the nation’s most unique law school study abroad programs, ended with a Closing Ceremony on August 11.  The Closing Ceremony was covered by the local newspaper in the town of Giessen, Germany, The Giessener.  You can read the newspaper’s story at this link.  For those of you who do not speak German, here is a translation of the story courtesy of Google Translate:

GIESSEN – An international atmosphere prevailed in the last four weeks at Justus Liebig University (JLU). During this period, 65 students from 22 nations attended the ninth German Summer School in International and Comparative Law and the 13th Hessen International Summer University (ISU). At the closing ceremony in the university building in Ludwigstrasse, it was necessary to say good-bye.

“I hope that the two programs are the beginning of an intense relationship between you and Germany and that this is not your last visit here,” JLU President Prof. Joybrato Mukherjee wished in his welcoming speech. For him, the academic exchange is very important, especially since in Giessen it is also part of a particularly long tradition. For already University namesake Justus von Liebig had brought together international scientists at the University of Giessen. Professor Thilo Marauhn was delighted that this tradition has been preserved to this day. The holder of the Chair of Public Law and International Law was impressed by the fact that “so many students from so many countries come to Giessen to learn together here.” He was proud to say that the “summer schools” were so much international. “They are at the heart of our international exchange programs and help to make Giessen known everywhere.” Prof. Anuj Desai from the JLU partner University of Wisconsin Law School praised the programs as “an important cooperation between the universities, which is organized by the JLU in an outstanding way”. Program coordinator Magdalena Jas-Nowopolska also emphasized: “The programs mean not only mean studying, but also bringing together people from different countries.”

When the certificate was given, each participant was celebrated loudly during the walk across the stage. But there was also a little melancholy in the air, for the time spent in Germany had come to an end. For some, however, this does not mean a farewell forever. Laura Catalina Guerrero from Colombia wants to apply for a master’s degree in Hamburg. “In the past four weeks, I’ve been totally in love with Germany, and there is so much to see and learn,” said the 23-year-old criminologist. But she will miss the time in Giessen because it is such a “dynamic and student-perfect city”. Bhagirath Singh Ashiya from India feels similar. “I liked it here very much,” enthused the 23-year-old law student. He was particularly impressed by “the transparent legal system and German efficiency”. But most of all, the many green areas in the cities fascinated him. “We do not have that at home”.

After the ceremony, the students celebrated one last time with their newly won friends until late in the evening. Because the next morning it was time to say good-bye and return to their respective home countries. Both programs were organized by the Franz von Liszt Institute at the JLU Faculty of Law.

 

Continue reading “It Is Not Too Early to Plan for Study Abroad in 2018”

Facing Extinction: Climate Migrant Crisis

Posted on Categories Environmental Law, Human Rights, Immigration Law, International Law & Diplomacy, Public, Water LawLeave a comment» on Facing Extinction: Climate Migrant Crisis

Map showing the continents of the the planet Earth with coastal areas marked in red highlighting the effect of a 6 meter rise in sea level. In recent days, President Trump has declared that he would have the United States withdraw from the Paris climate accord.  Business leaders like Elon Musk of Tesla have said that this decision would ultimately harm the economy by yielding the jobs of the future in clean energy to foreign competitors. I argue that withdrawing from the Paris climate accord also serves to exacerbate the climate migrant crisis that will inevitably hit American shores.

The global environment has long impacted migration patterns. For instance, humans have historically left places when deteriorating conditions threatened their survival. However, accelerated effects from climate change are expected to bring about significant and unprecedented changes to global migration patterns. Climate change is rapidly destabilizing global environments,(1) resulting in increasingly more common rising oceans, longer and more frequent droughts, and higher temperatures.(2)  Consequently, changes to global environments will inevitably dislocate people from their homes and nations. In fact, many communities have already started to suffer from the disastrous consequences of climate change. For example, in Gabura, Bangladesh, many of the three thousand people who live in this coastal region have been forced to move their homes onto skinny, man-made embankments to flee the rising ocean.(3)  Yet because of increasingly cramped conditions and dwindling resources, villagers are unable to work, farm, and live as they traditionally have.(4)  Unfortunately, there is no relief in sight, as scientists predict rising waters will completely submerge Gabura and at least seven percent of all Bangladesh before the end of the century.(5)  Parallel stories of growing displacement caused by rising sea-levels,(6) more frequent droughts,(7) and retreating sea ice(8) are found in ever increasing numbers all around the globe.

As nations debate the causes and treatments for climate change, people everywhere are struggling to adapt to new environmental realities. Regrettably, for many adaptation will mean leaving their countries to survive. Such people who are induced to leave their home country because of the climate change are referred to as “climate migrants”.(9)  Presently there is little empirical research to provide anything more than a rough prediction of population displacement that will occur because of climate change.(10)  In fact there is a wide variety of predictions; however this does not undermine the urgency to address the climate migrant crisis. For example, Christian Aid, a British organization that actively provides refugee assistance, predicts that the global number of displaced people may rise to more than one billion by the year 2050, in large part due to climate change.(11)  In comparison, ecologist Norman Myers reports that up to 200 million people may be become climate migrants by the end of this century.(12)  Despite the lack of empirical research, what is certain is that global warming will lead to massive population displacements and climate migration at numbers never before witnessed.(13)  Such displacement will almost certainly lead to extinction of peoples and cultures. Continue reading “Facing Extinction: Climate Migrant Crisis”

Israel Reflections 2017–Trust is Optional–Last Blog of the Trip!

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MOty Cristal stands in front of a classroom of students and lectures.Speaker Moty Cristal is always one of the student favorites and, frankly, I never know what he is going to do.  Last time, he led us in an exercise learning about coalitions.  This time, Moty focused on the lessons from his upcoming book chapter in the Negotiator’s Desk Reference regarding negotiation in low-to-no trust environments.  As usual, the students loved him!  Here is student James Wold’s assessment.

The most memorable speaker I found in Israel was one of the last ones we had during our week. Moty Cristal is one of Israel’s leading negotiation experts and I knew it would be an interesting discussion from the moment he called himself a prac-ademic (a play on practictioner and academic). He noted that he is not exactly a practitioner, nor a pure academic in the field of negotiation. What he is, however, is undeniably brilliant and fascinating. In many ways, he tied up a lot of the issues that we were dealing with on the trip, such as conflict resolution. I find myself wanting to learn so much more from and about him.

The portion of the one-hour discussion (it was anything but a lecture) that got me to stand up and take notice was his statement that trust is not a prerequisite to negotiation and that respect of the process and freedom to hate were important. While respecting the process is something I’ve heard before, the freedom to hate aspect was a sharp departure from most of what I’ve learned regarding negotiation. In most of my learnings, it emphasized gaining the trust of the other side is vital in starting a negotiation. Although it was perhaps a bit counterintuitive, the lesson I took away on freedom to hate is that neither side must be friends at the end of the day to make a deal work, especially when resolving a conflict. Moty’s entire presentation style and infectious energy kept me engaged from beginning to end. Continue reading “Israel Reflections 2017–Trust is Optional–Last Blog of the Trip!”

Israel Reflections 2017–Treating Terrorists and Other Medical Challenges

Posted on Categories Health Care, Human Rights, International Law & Diplomacy, Marquette Law School, PublicLeave a comment» on Israel Reflections 2017–Treating Terrorists and Other Medical Challenges

Television camras and microphones surround Dr. Ofer Merin dressed in doctor's scrubs.One other new visit this year was with Dr. Ofer Merin, a commander of the Israel Defense Force (IDF) Medical Field Unit and emergency room doctor at Shaare Zedek Medical Center in Jerusalem.   As student Margo Clark notes, his roles often require both flexibility and understand beyond our immediate biases.

Dr. Ofer Merin is the Chief of the IDF Field Hospital, which travels to different countries to offer assistance in times of need. One example of the IDF Field Hospital’s greatest accomplishments is its ability to be the only field hospital from a foreign country to help the Japanese people after they were devastated by a tsunami. Their success comes from the amount of flexibility and understanding that Dr. Merin and his team work under. Rather than pushing their own system, Dr. Merin and his team worked under and around Japanese law. Under Japanese law, it is illegal for a foreign doctor to treat a Japanese citizen.  The team was flexible and put the Japanese people first. Their flexibility is exemplified by their assisting and enabling Japanese doctors to treat the large number of Japanese people who were in need. By foregoing their egos and putting understanding and flexibility first, Dr. Merin and his team were the only foreign field hospital team to be allowed to help the Japanese people.  Here is a MSNBC news report showing the IDF work in Haiti from 2010.

Dr. Merin’s flexibility and understanding is continually shown in his additional role as the Deputy Director of the Shaare Zedek Medical Center. This center is known for simultaneously treating terrorists and the victims of their attacks. It is excessively difficult to imagine how hard it must be to treat a terrorist. However, Dr. Merin understands the consequences of both treating and not treating terrorists and being beyond reproach as far as bias towards his patients. As a doctor, he is an example of following the Hippocratic oath and doing no harm under stressful conditions where many would be tempted to be biased and fail their duties as doctors. His example is important because if he can work without bias towards terrorists, doctors everywhere should use his example to attempt to work without any sort of bias. Continue reading “Israel Reflections 2017–Treating Terrorists and Other Medical Challenges”