Labor & Employment Law – Page 18 – Marquette University Law School Faculty Blog

Scattered Thoughts

Post author:Kevin Terry
Post published:March 22, 2011
Post category:Labor & Employment Law Marquette Law School Wisconsin Law & Legal System

As we are all aware, these past couple of weeks have been a time of historic change for the state of Wisconsin. The debate surrounding the changes proposed by Governor Walker in the Budget Repair Bill has been amazing for me to witness. Rather than give my personal opinions regarding the content of the bill, I thought I would share of the ancillary thoughts that have run through my head because of the current political times.

First, these changes have occurred during a great time in my life. I consider myself lucky to be able to observe such historic legislative action while enrolled here at Marquette. We as law students are unique within the political discussion because we have access to such great legal minds. For example, two weeks ago Professor Paul Secunda spoke to students about the then-proposed Budget Repair Bill. Professor Secunda reserved time to answer very well thought-out and informed student questions regarding things like: the potential legal avenues of those opposed to the bill, the effect that Wisconsin’s labor reforms could have on a national level, and what specific items within the bill actually mean to citizens and public employees within the state.

The presentation by Professor Secunda is just one of the many opportunities we have as legal scholars to advance our personal knowledge on very important political issues. This Marquette University Faculty Blog has provided a forum for other Professors and local attorneys to provide their opinions and thoughts regarding the reform. These forums provide an outlet for legal thinkers as well as a resource for students like me.

Ultimately, while the bill has been passed (although currently subject to a temporary restraining order) by the Legislature, discussions regarding the changes have only just begun. As a participant in this emotional and heated discussion, I consider myself lucky to have been in law school during these changes.

Second, the changes to public sector labor law have made me think back to some of the statements made by Justice Antonin Scalia during his presentation at Marquette in the fall.

The Morning After: Lessons From the Wisconsin Budget Battle

Post author:Edward A. Fallone
Post published:March 11, 2011
Post category:Constitutional Interpretation Election Law First Amendment Labor & Employment Law Media & Journalism Political Processes & Rhetoric U.S. Supreme Court

At last the end game has arrived for the budget bill, after more than three weeks of deadlock in Madison. Indeed, it was obvious to everyone that the impasse could not persist, and that the only two options available were either a compromise (unlikely) or the eventual adoption of Governor Walker’s bill intact.

Wisconsin’s largest newspaper, the Milwaukee Journal Sentinel, has largely failed to take a coherent editorial position on the budget debate. In fact, the entire local media, both print and television, seem to have bent over backwards in order to appear sympathetic to the arguments of both sides. In this regard, the local media seems to see its role as something akin to the role of an arms dealer during a civil war: issue statements generally supportive of both sides and hope to sell your product to the widest possible audience.

However, I believe that there are larger lessons to be learned from the budget battle, and that the issues raised over the last three weeks transcend partisanship.

Best of the Blogs: The Mess in Madison

Post author:Edward A. Fallone
Post published:March 4, 2011
Post category:Labor & Employment Law Media & Journalism Political Processes & Rhetoric Wisconsin Law & Legal System

This month’s Best of the Blogs feature takes a look at the budget debate in Madison. In my opinion, it is myopic to focus solely on the budgetary aspects of the ongoing debate. This is a raw political struggle, in which Governor Walker has attacked the primary source of campaign funding for Democrats. The debate over the biennial budget is small potatoes to the leaders of the Democratic Party. They perceive this bill as nothing less than an existential attack on their ability to raise funds (and therefore buy television advertising) in an amount sufficient to elect candidates in a closely divided state.

If anything, this current fight is only round one, with a second partisan fight over legislative re-districting yet to come. The Voter ID bill, which previously was viewed by Democratic leaders as a dangerous assault on their electoral power, now in comparison seems to be a minor inconvenience. While it is always entertaining to watch two political parties seek to destroy each other, one can’t help but feel that someone in Madison should actually be focused on governing the State. Both Governor Walker, who picked this partisan fight, and the Democrats, who chose to grind government to a halt in order to defend partisan interests, share equal blame in my eyes.