MULS Legal Education: Following Footsteps and Forging Your Own Path

Sensenbrenner Hall

zilber forum
From Sensenbrenner Hall (left) to the Zilber Forum at Eckstein Hall.

When I was asked if I would—together with my daughter Micaela—write a blog for the Marquette University Law School Faculty Blog, I wanted to make sure it was known I haven’t practiced law full-time in fifteen years.  So, fair warning, this is not going to be a technical legal discussion.

Let’s start with a short background: I graduated from MULS in 1989.  In fact, I just celebrated my thirty-year reunion (quick shout out to my classmates:  You guys rock!  We had the highest turnout of any reunion class!).  It was wonderful catching up with old friends, some I have kept in touch with; regrettably, some I have not.

As I stood in the Zilber Forum (as I have done several times previously, more on that later), I reflected on my law school experience at Sensenbrenner Hall, and, despite feeling envious of the students who are privileged to study law in such a marvelous facility, was transported in back thirty years to the year I graduated from MULS.  I remember the hope, the promise, coupled with the uncertainty and anxiety I was feeling at the time. Not to mention the excitement of my impending marriage one month later to my beautiful wife of thirty years, Ellen, whom I met while we were both studying at Marquette (she was earning her Masters in Analytical Chemistry at the time).

Flash forward thirty years and imagine my pride when Micaela announced to us that she would be attending MULS. In fact, Micaela is officially a 3L and is on track to graduate in May 2020. While it may not be shocking for a child to follow in a parent’s footsteps, it didn’t look like that would be happening with Micaela.

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Implicit Bias and the Gender Leadership Gap

A woman carrying buckets looks up at a ladder leading to the sky; the ladders' rungs are labeled with the various opportunities that have been historically available to women, beginning with "Slavery" at the bottom and "Presidency" at the top.
E.A. Bushnell cartoon from the New York Times, October 1920

On April 29, 2019, I moderated a panel discussion for the State Bar of Wisconsin’s Diversity Counsel Program titled “Closing the Gender Leadership Gap.”  The following statistics were shared at the program.  According to a study by the American Bar Association, “A Current Glance at Women in the Law,” half of the students graduating from law school with a J.D. are women.  Yet, only 22.7% of law firm partners are women, 22% of state court judges are women, and 26.4% of Fortune 500 general counsel positions are held by women.  A significant barrier for women in the workplace is implicit bias.  After serving on this panel, I was curious to explore how the concept of implicit bias might contribute to the gender leadership gap in the legal profession.

Implicit bias is the term that describes how the subconscious mind categorizes people.  The concept was first developed by psychologists Mahzarin Banaji and Anthony Greenwald in the 1990s.  Through the use of implicit association tests (“IAT”) Banaji and Greenwald evaluated the time it took for a participant to categorize concepts such as family or career with gender.  The quicker the applicant could categorize concepts, the stronger the implicit association.  The most frightening aspect of implicit bias is that a person may be consciously opposed to gender discrimination but may unknowingly discriminate against women due to an implicit bias that exists only in the subconscious mind.

Studies suggest that implicit bias may play a role in explaining why men are systematically preferred for positions over women.  For example, a Yale study demonstrated a statistically significant preference for men in the field of science.  The study involved sending a fictional resume to 100 faculty members at top universities.  The only difference was that 50 fictional students were named John, while the other 50 fictional students were named Jennifer.  Even though the candidates had identical experience and qualifications, faculty members were more likely to find John competent and were more likely view him as a suitable candidate for lab positions.

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The Rewards of Being a Small Town Lawyer

A path forward with trees on either side going through a forest.
Chequamegon-Nicolet National Forest

When asked to write a blog for the Marquette University Law School blog, I was provided several general topics that I could have considered, as I have never blogged.  But it was also suggested that I have an interesting personal story:  I always wanted to be a lawyer in my hometown, a city with fewer people than are enrolled as students at Marquette.  I have always had a desire to return to Ashland, Wisconsin, and practice law, raise my family and live the lifestyle that I enjoy.  I don’t find my situation to be unique or interesting, but maybe that’s because northern Wisconsin is such a wonderful location that it pulls many people home, and my story isn’t unique among residents here.  However, someone who grew up in an urban area may be apprehensive that there will be “nothing to do” in a small town.  To that I say: only boring people get bored.  So rather than discuss a legal topic, I plan to discuss my legal practice, and why being a small-town lawyer is a fulfilling and interesting career.  The State Bar of Wisconsin has also recently encouraged small town practice and tried to connect new lawyers or those looking for a change with lawyers in rural areas. Small towns need lawyers.

I grew up in Ashland, located on the shores of Lake Superior, enjoying the big lake and the big woods (Chequamegon National Forest). In the summer and fall the activities were hunting and fishing, in winter it was hockey rinks and ski slopes, and the in the spring, well that was just mud season.  I have been teased for the pride I take in talking about my home, my high school, and the general area I grew up in.  Unlike larger areas, my high school represents my community and is smaller than most.  Ashland has just over 8,000 people and the county has just twice that many.  There was no other high school, so it represented us as an area.  It represents my home, so I take pride in its success and sorrow in its failures.

In law school I had academic success having offers from large firms and was a summer associate at one.  I graduated magna cum laude and moved back to Ashland the day after being sworn in to the Bar.  While my big firm experience was positive, I knew my long-term happiness was north.  When asked why would you want to live up there, my response was typically the same: “Why do you vacation in northern Wisconsin?”  To many people, Elkhart Lake was “up north,” while I consider Highway 8 to be the dividing line between north and south Wisconsin.   I find cities great places to visit on weekends but I find the small town is the place to live.   I think many lawyers would find small town practice rewarding both professionally and personally.

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