Who Is This Guy?

The picture to the left, which was earlier used to illustrate a post describing the original Marquette Law School curriculum, is a photograph of Pamphilus Joseph O’Brien, Law ’15.  His is one of the first photographs that we have of an early Marquette law student, other than the photos in the official class pictures.

O’Brien was born in Wisconsin on May 5, 1889.  His parents, John O’Brien and Julia Cruden O’Brien, operated a farm near Randolph, Wisconsin, on the border of Columbia and Dodge Counties.  Both parent were of Irish descent.  His father was a native of Ireland, while his Wisconsin-born mother was the daughter of Irish immigrants.   O’Brien was apparently named in honor of St. Pamphilius, a now somewhat obscure Christian martyr in the early fourth century.

O’Brien appears to have rarely used his unusual first name, which was somewhat difficult to pronounce, and he was generally known as Pam or P.J.  (Early Marquette bulletins list him as Pam J. O’Brien.)

At some point in his early life, O’Brien moved to North Dakota, where he attended Valley City Normal College, a teacher training institute.  He enrolled in the Marquette Law School in the fall of 1912, at age twenty-three.

As a student at Marquette, O’Brien joined the recently founded Nu Nu chapter of the Theta Nu Epsilon fraternity, a fraternal organization that admitted students at the end of their first year of college.  In the early twentieth century, fraternities were major institutions at most American colleges, and Marquette was no exception.  Theta Nu Epsilon was not a legal fraternity, but in the 1910’s there was no formal differentiation between law students and undergraduate students when it came to fraternity membership.

O’Brien’s involvement with Theta Nu Epsilon reminds us that the lines between law and college students were not nearly so sharp in that era as they are today. Initially, Marquette required only a high school diploma for admission to the day division of the law school.  Then, for more than a decade it required law students to have only a year of college, and that year could be taken in combination with the law course.  As a consequence, there was often very little difference in age between students in the college and their full-time counterparts in the law department.

O’Brien was extensively involved with Theta Nu Epsilon, and his involvement continued after he received his law degree in the spring of 1915.  Later that year he was elected as a trustee of the national fraternity, and the following year he became one of its national officers.

After graduation from Marquette, O’Brien remained in Milwaukee to practice law.  He later married a woman named Hazil Underhill, and at some point the O’Briens moved to California.  Pamphilius O’Brien died in Alameda, California, in 1951, shortly before his sixty-first birthday, and just after the thirty-fifth anniversary of his graduation from Marquette.

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Marquette’s Original Law School Curriculum

The students who enter Marquette University Law School this year will take a first-year course load consisting of one-semester courses in Torts, Contracts, Civil Procedure, Property, Criminal Law, and Constitutional Law, and a year-long course in Legal Research and Writing.  After the first year, the curriculum is largely elective, although the diploma privilege makes Evidence, Professional Responsibility, and Trusts and Estates upper-level required courses.

The students who enrolled in the inaugural class at the new day division of the Marquette Law School in the fall of 1908 faced a much different situation.  All classes were required, and there was no flexibility as to when a particular class could be taken.  In addition to the regular classes, law students were also required to attend special lectures by prominent lawyers and judges on topics outside the regular curriculum, and there was a practice court where students learned the nuts and bolts of civil and criminal law practice.

Marquette Law School has a long tradition of tinkering with its curriculum and that was true even in 1908 and 1909.  However, from what can be extracted from the catalogs for 1908-1912, the following appears to have been the original day division curriculum.

Fall—Year 1
Common Law Pleading (1)
Contracts (2)
Torts (2)
Real Property (1)
Criminal Law & Procedure (1)
Agency (2)
Domestics Relations (2)
Spring—Year 1
Common Law Pleading (1)
Contracts (3)
Torts (2)
Real Property (1)
Criminal Law & Procedure (1)
Partnership (2)
Bailments & Carriers (2)
Fall—Year 2
Real Property (2)
Private Corporations (2)
Equity Jurisprudence (2)
Code Pleading & Practice (2)
Personal Property & Sales (2)
Negotiable Paper (2)
Spring—Year 2
Real Property (2)
Private Corporations (2)
Equity Jurisprudence (2)
Code Pleading & Practice (1)
Evidence (2)
Municipal Corporations (2)
Courts & Jurisdiction (1)
Fall—Year 3
Equity Jurisprudence & Trusts (2)
Constitutional Law (1)
Real Property (2)
Wills (2)
Evidence (2)
Municipal Corporations/Utilities (2)
Insurance (1)
Surety and Guaranty (1)
Spring—Year 3
Equity Jurisprudence & Trusts (2)
Constitutional Law (1)
Federal Courts, Admiralty, Bankruptcy, Patents, Trademark (2)
Probate Law & Practice (2)
Equity Pleading (2)
Extraordinary Legal Remedies (1)
Damages (1)
Taxation & Public Revenues (1)

For more information on the experiences of the first law students, see the earlier post on Joseph Tierney L’11.

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Five Students Weigh in on the Daunting Challenge That Is 1L

If my Academic Support Program (ASP) orientation meeting was any indicator, new law students have a lot of questions, especially for rising second and third year law students, about what the first year will be like and what they can do to make it successful.

This summer, I have had the opportunity to work alongside five very bright, hardworking student interns and was able to ask them about their first year experience.  What is great about this group is that they come from a varied set of backgrounds, ages, sociopolitical views, and attend a variety of law schools—one at Franklin Pierce, one at University of Michigan, one at Harvard, and two at Chicago-Kent.  I asked that they share their answers to a number of questions that I recalled were asked in my ASP orientation session.  Those questions and a selection of their answers are below:

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