20th Annual Howard B. Eisenberg Do-Gooders’ Auction–An Interview with PILS Fellow Maria Lopez

The 20th Annual Howard B. Eisenberg Do-Gooders’ Auction on behalf of the Law School’s Public Interest Law Society (PILS) will be held on February 15, 2013 at the Law School. Proceeds from the event go to support PILS Fellowships to enable Marquette law students to do public interest work in the summer. Maria Lopez, a current law student, shares her experience here as a PILS Fellow.

Where did you work as a PILS Fellow?

I interned with the Illinois Migrant Legal Assistance Project (IMLAP) at their office in Rantoul, Illinois.

What kind of work did you do there?

IMLAP’s mission is to advocate on behalf migrant agricultural workers and educate them on their rights as workers. My duties included outreach to workers at their housing or work sites, collaboration with local agencies such as Migrant Head Start and the Department of Human Services, and meeting with employers on behalf of our clients.

How was the experience meaningful to you?

My experience with IMLAP was meaningful because it provided me with an opportunity to work closely with great people–not only my clients, but also my supervisors and coworkers, as well as other agency representatives, all of whom were very supportive.

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My Deployment as a Military Lawyer

First, I would like to thank Marquette University Law School for the privilege of serving as the Alumni Blogger of the Month. Second, I would ask that readers of my posts please note that my submissions are my personal thoughts and opinions (unless otherwise indicated) and do not necessarily represent the views of the Wisconsin National Guard or the U.S. Armed Forces.

I will now begin the more substantive portion of my post.

In September 2011, I received mobilization orders to deploy as a member of the 157th Maneuver Enhancement Brigade (MEB). The MEB is located in Milwaukee. After approximately two months of training at Camp Atterbury, Indiana and Hohenfels, Germany, the MEB embarked on a NATO Peace Keeping mission serving as KFOR (Kosovo Force) 15. More specifically, the MEB served as the command element of Multi-National Battle Group-East.

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Assumptions and Presumptions

As most students at Eckstein are frantically and diligently studying to ensure we put forth our best efforts during this finals period, I can’t help but think about the certain “presumptions” built into our institution of law. Numerous assumptions and presumptions are used in many different areas of law, but they seem to be accentuated when looking at the Federal Rules of Evidence.

Let’s look at Federal Rule 801 2(b), for instance. Is it really true that a failure to respond makes for an adopted admission? Those who have had, or have, a significant other: have you ever been silent to an assertion made by your significant other? I’m assuming that, like me, you remained silent not because you wanted to tacitly give your approval of the assertion, but rather because you wanted to save the feelings of your significant other, or eliminate a needless argument. I am aware that most things that end up in court may not be so trivial, but nevertheless this example popped into my head rather quickly without much thought. I am sure that the same could be said for many others, and it is the basis of the presumption in general I find unreliable.

Let’s turn to another presumption by looking at Federal Rule 804(b)(2), the “Dying Declaration.”  

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