Appreciating Our Professors: Dean Howard Eisenberg

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Francis de Sales, the bishop of Geneva in the early 1600’s, said “the measure of love is to love without measure.” The late Dean Howard Eisenberg embodied this message. Dean Eisenberg gave his love without measure to the Law School, the legal community, and the pro bono clients he served.

I met Dean Eisenberg shortly after I graduated from college. At the time, I was teaching high school English. Dean Eisenberg talked to me about the legal profession as a helping profession — that lawyers are uniquely situated to protect and aid the individuals and entities they serve. Dean Eisenberg’s comments so inspired me that I decided to apply to law school. Dean Eisenberg’s presence at the Law School also convinced me that it was the right place to go to school. Any place, I thought, that had the good sense to have him at the helm was a place where I wanted to be.

In my second year of law school, Dean Eisenberg again influenced my life when I took his appellate advocacy course. That class turned me onto advocacy. I remember the thrill when I found the key case for my side in the Wisconsin reporter stacks. As I drafted the brief, I felt the joy of crafting language that would persuade a court. In that class, we also had to make an oral argument. I enjoyed turning my brief into an oral argument and observing how my use of language changed from its presentation in written form to oral form. I was hooked on advocacy, and I decided to go into litigation.

The last memory I have of Dean Eisenberg came two weeks before his untimely death. Continue reading “Appreciating Our Professors: Dean Howard Eisenberg”

Appreciating Our Professors: Larry Lessig

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I’m never any good at these questions. I’m always stumped whenever I’m asked, “Who is your hero?” Similarly, although I enjoyed many of my classes, I don’t recall too many “ah-ha” moments in law school that didn’t come from reading a book or an article. For whatever reason, I’m more inspired by ideas than people.

And the idea that I picked up in law school that inspired me more than any other was the idea that law is part of a broader web of human culture, that it both influences other aspects of that culture and is influenced by it. I encountered (at least) two professors at Yale who were grappling with this concept, Bob Ellickson and Larry Lessig. Well, Lessig was only a visitor during the spring semester of my first year. On the other hand, I never took a class with Ellickson, and I’m not sure I’ve even ever met him. I know Ellickson primarily through his classic, Order Without Law: How Neighbors Settle Disputes.

So Lessig it is.

Continue reading “Appreciating Our Professors: Larry Lessig”

Information About Legal Writing Competitions…and a Shameless Plug for a Nice Fall Photo I Took in DC.

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I learned at yesterday’s faculty meeting that our Director of Student Affairs, Andrew Faltin, is maintaining a list of legal writing competitions on the law school web site.  You can find it here.  If you are a student, why not go check it out? A number of Marquette students have won prizes in these competitions.

You may also want to become a reader of the Legal Writing Competitions blog maintained by Kathryn Sampson at the University of Arkansas School of Law.  It is thorough, and frequently updated.  Another nice feature of that blog is that Kathryn includes nice photos with most of her posts.  For instance, in her recent post about a tax-related competition, for which the prize includes a trip to DC, Kathryn includes a photo I took when I was in DC for a conference.  (The conference was fantastic, and I still want to post about it, but I have not found the time yet.)

Appreciating Our Professors: The Georgetown Experimental Curriculum

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As much as I would like to single out one person who had the most influence during my law school experience at Georgetown, like Kali Murray, I am going to break the rules here a little bit.

The greatest influence on me was, in fact, the course of study that I chose to pursue in my first year of law school. While most 1L’s take the traditional torts, contracts, property, etc., I was treated to a different group of classes that included: Bargain, Exchange & Liability; Property in Time; and Democracy & Coercion, to name a few. In addition, I took a small 1L Seminar on the different schools of legal thought (Critical Race Theory, Legal Process, Law & Economics), as well as a jurisprudence class called Legal Theory (where we read books like Anthony Kronman’s Lost Lawyer and Ronald Dworkin’s Law’s Empire).

All of these classes were part of the Section 3 experimental curriculum at Georgetown Law, which was created by a forward-looking group of professors who challenged the normal way of teaching law to students. The group who taught me in this experimental curriculum included many luminaries: Mark Tushnet (Government Processes), Wendy Perdue (Process), Mike Seidman (Democracy & Coercion and 1L Seminar), Dennis Patterson (visiting that year) (Legal Theory), Mike Gottesman (Bargain, Exchange & Liability), and Dan Ernst (Property in Time).

The combined Section 3 experience had a peculiar way of binding together not only the students who took this curriculum, but also the professors and students.

Continue reading “Appreciating Our Professors: The Georgetown Experimental Curriculum”

Marquette Legal Writing Professors Contribute to Column in Wisconsin Lawyer Magazine

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Beginning with the current issue, the Wisconsin Lawyer magazine (a publication of the Wisconsin State Bar) will publish  a new column on legal writing.  The first contributor is the most experienced legal writing professor on the Marquette faculty, Jill Hayford.

As the magazine explains,

Through this new column, the legal writing faculty at Marquette University Law School and other contributors will help solve your vexing legal writing questions with practical guidance. 

Professor Hayford’s piece is entitled, “Style Books, Web Sites, and Podcasts:  A Lawyer’s Guide to the Guides,” and it offers up-to-the-minute information and advice about the available writing style manuals, websites, and pocasts for lawyers.  In a sidebar, the Wisconsin Lawyer invites questions or ideas for future columns about legal writing.  “Your question will be answered directly by the MU writing faculty and may appear in a future column.”  If you want to submit a question for the column via Wisconsin Lawyer, email wislawyer@wisbar.org, subject line:  legal writing.

Appreciating Our Professors: Thomas O’Toole

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It was over in the twinkling of an eye. The entire event took, at most, ten seconds, but in that incredibly brief time I learned that the study of law was the right thing for me. The time was mid-September, 1963. The place was the old Georgetown University Law Center at 5th and E Streets, N.W. The room was shaped like a bowling alley. One hundred and twenty-five part-time evening students were shoehorned into that room. At precisely 5:45 P.M., Professor Thomas O’Toole entered the room from the back. It was the only way in and out of the room in which Constitutional law was being taught. Professor O’Toole took one step, paused, and from the back of the room, spoke in a loud, clear voice, “Mr. Chase, why was the Court in Euclid concerned about the scope of the town’s zoning plan?” Before Mr. Chase could answer, the Professor took another step into the room, paused, and said, “Mr. Kossow, why did I ask that question ?”

A few seconds later, after I had choked on an answer that included the words “comprehensive plan,” the Professor walked to the front of the class and said, “Mr. Hubbard, do you agree with Mr. Kossow’s answer?”

Forty-five years later, I remember verbatim the incident. Professor O’Toole, in ten seconds, changed the direction of my life.

Appreciating Our Professors: James D. Ghiardi

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My first experience with Professor James D. Ghiardi occurred in the fall of 1960 when I was a first year student at the Marquette Law School. I learned that Jim was my Torts teacher. Prior to that time I had never known any attorney. There were none in my family, and none of my friends had relatives who practiced law. I recall thinking in that first Torts class, if Jim was what being a lawyer was about, I had selected the right form of postgraduate education. He was the kind of lawyer I wanted to be.

At the inception, Jim made it clear to me and my fellow students that he was there not only to help us learn what Torts was all about, but also so that we learned to think, speak, and act like lawyers. We were not there to learn how to be philosophers, economists, sociologists, or political scientists. He also made it clear to all of us that knowing the elements of any particular Tort theory did a lawyer little good if he or she did not know how to prove those elements in court. What I experienced in that class made me want to take Jim’s other courses as well. It was very clear to anyone who cared to observe that Jim loved the law and what he was doing.

But Jim Ghiardi was much more than a law professor. He was and remains a dedicated husband, father, and now grandfather. He has served as President of the State Bar of Wisconsin. Election to that post speaks volumes about the respect he earned from lawyers in the state — even those who were not Marquette alums. He also served as a representative of the State’s bar in the ruling body of the American Bar Association. Jim loves sports, being a Marquette Basketball season ticket holder for as long as I can remember. Up until a few years ago he was also an avid golfer.

Several years after I graduated from the Law School, I felt a great deal of pride after making a presentation at a Wisconsin State Bar meeting. Thereafter, a member of the audience approached me and said that he was one of Jim’s former students. He then said that when he closed his eyes while listening to me he could have sworn that it was Jim making the presentation. High praise indeed.

Is Our Partisanship a Poli-Ticking Time Bomb?

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While trolling through PrawfsBlog to refresh my memory on a debate I wanted to blog about as to the teaching of Legal Writing and Research classes, I stumbled across this post from about a month ago in which FIU professor Howard Wasserman raised the question of how appropriate it is for professors to display their political preferences in the classroom and/or their offices. In reading it, I couldn’t help but think about a conversation I had had with a friend a week or two ago. In response to my joking about how important it was to read my blog posts while I was still able to post them, my friend commented that he/she refused to read the Faculty Blog because he/she didn’t want to read about the political beliefs of professors. Now, I don’t know that I find the posts here to be all that politically charged, but the fact that my friend was so adamantly opposed to that while at the same time being very vocally partisan regarding this past presidential election was something I found ironic. And now that this election has passed and the votes have all been tallied, I think it’s worth reflecting upon just how dangerous it is to be partisan in a learning environment.

Continue reading “Is Our Partisanship a Poli-Ticking Time Bomb?”

The View From the Middle

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Students and faculty of the Marquette Law School in the early years of the twenty-first century have the benefit of an affiliation with an institution that most outside observers seem to feel is right smack dab in the middle of the law school pool.  Our US News & World Report overall rating is almost exactly in the middle of the pack, and the American Bar Association reports that we are the 90th most selective of the 184 ABA-approved law schools in the United States. Our current median LSAT score (157) is exactly the median LSAT score for all students enrolled in ABA-accredited law schools, and our median GPA is almost exactly the national median as well. In the peer ratings collected by the US News survey, our score (2.3) is exactly the median for all schools, as is our ranking by judges and lawyers (2.8). (Although our judge and lawyer ranking is higher, it is, like our ranking by law professors, exactly at the median. Apparently, lawyers and judges generally think more highly of law schools than do law professors.)

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Marquette Law School at 100: Remembering Carl Zollman

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Although now largely forgotten at Marquette, Carl Zollman was a prominent American legal scholar of the first half on the twentieth century who spent his entire academic career at this Law School.  Zollman is recognized as the founder of aviation law as an academic discipline, and the case can also be made that he is the founder of sports law as well.  The latter claim is obviously quite appropriate given the Marquette Law School’s current prominence in the field of sports law.

Born in Wellsville, New York, in 1879, Zollman was educated to be a minister in the Missouri Synod of the Lutheran Church.  He was ordained in 1902 and became a pastor at a small church in Williamsburg, Iowa.  In 1906, he moved to Wisconsin, where his father, also a Lutheran minister, was involved with an enterprise known as the Evangelical Lutheran Colonization Company.  For reasons that are not known, the younger Zollman resigned from the ministry later that year and enrolled in the law program at the University of Wisconsin, just a month or two shy of his twenty-seventh birthday.  He received a law degree from Wisconsin in 1909, and he joined a Madison law firm.

Over the next thirteen years Zollman moved between a variety of law and editorial positions in Madison, Chicago, and Milwaukee, all the while publishing extensively.  Continue reading “Marquette Law School at 100: Remembering Carl Zollman”

Appreciating Our Professors: Martin F. Guggenheim

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I was the idiot in civil procedure who asked, on the first day of class, “So what happened to the plaintiff after remand?”  Actually, I’m not sure I understood or used the word “remand.”  But I definitely wanted to know what happened to the parties after the decision.

I will never forget my professor’s response.  She became quiet.  She narrowed her eyes.  She squinted at me in a way that suggested she was repulsed by the question.  Of course, everyone else in the 100-person class looked at me as well.   Finally she said, “It doesn’t matter.”

We continued with another case. Continue reading “Appreciating Our Professors: Martin F. Guggenheim”

How Could a Poem About Teaching Students to Read Poetry Have Anything to Do with the Law?

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As first reported at the Legal Writing Prof blog (and with a Hat Tip to star legal writing professor Linda Edwards), Billy Collins’ poem Introduction to Poetry “holds well as an analogy for teaching 1Ls to read cases.”