Marquette Law School – Marquette University Law School Faculty Blog

Congratulations to the 2018 Jenkins Honors Moot Court Competition Finalists

By: Melissa Love KoenigApril 20, 2018Legal Education, Legal Practice, Marquette Law School, Public1 Comment

Congratulations to the winners of the 2018 Jenkins Honors Moot Court Competition, Olivia Garman and Sarita Olson. Congratulations also go to finalists Killian Commers and William Ruffing. Killian Commers and William Ruffing additionally won the Franz C. Eschweiler Prize for Best Brief. Olivia Garman won the Ramon A. Klitzke Prize for Best Oralist.

The competitors argued before a large audience in the Lubar Center. Presiding over the final round were Hon. Goodwin Liu, Hon. Stephen Murphy, and Hon. Lisa Neubauer.

Many thanks to the judges and competitors for their hard work, enthusiasm, and sportsmanship in all the rounds of competition, as well as to the moot court executive board and Law School administration and staff for their work in putting on the event. Special thanks to Dean Kearney for his support of the competition. Thank you as well to the Moot Court Association for its work in putting this event together, and especially 3L executive board members Tsz King Tse, who organized the competition, and Chief Justice Nathan Oesch.

Students are selected to participate in the competition based on their success in the fall Appellate Writing and Advocacy class at the Law School.

If You Want to Be a Defense Attorney, be a Prosecutor

By: Naomi TovarApril 19, 2018Criminal Law & Process, Legal Practice, Marquette Law School, Public1 Comment

This semester in Professor Lisa Mazzie’s Advanced Legal Writing: Writing for Law Practice seminar, students are required to write one blog post on a law- or law school-related topic of their choice. Writing blog posts as a lawyer is a great way to practice writing skills, and to do so in a way that allows the writer a little more freedom to showcase his or her own voice, and—eventually for these students—a great way to maintain visibility as a legal professional. Here is one of those blog posts, this one written by 3L Naomi Tovar.

As of earlier this week, I was one of the few people in law school that had never watched Making a Murderer. I did not even know what it was about. Then last night, I decided to watch the first episode. I thought it was finally time to watch the show, considering that I had recently decided the criminal law field is where I want to grow professionally.

Those decisions (to pursue criminal law and to watch the documentary) were easy. The more difficult decision I have to face, however, is whether I should be a prosecutor or a defense attorney. At first blush, the answer is simple: defense. A defense attorney protects the rights of those who, according the founding law of our country, are innocent until proven guilty. Many times, defense attorneys represent the poor, the marginalized, and the disenfranchised of our society. I came to law school to do exactly that.

Then I binged watched the first six episodes of Making a Murderer and my thoughts changed. Continue reading “If You Want to Be a Defense Attorney, be a Prosecutor”

2018 Jenkins Honors Moot Court Competitors Advance to Finals

By: Melissa Love KoenigApril 16, 2018Legal Education, Legal Profession, Legal Writing, Marquette Law School, PublicLeave a comment»

Congratulations to the 2018 Jenkins Honors Moot Court Competition finalists. The teams advancing to the final rounds on April 19 are as follows:

Killian Commers and William Ruffing v. Olivia Garman and Sarita Olson

We appreciate the judging assistance in the semifinal round of the Hon. Michael Aprahamian, Hon. William Duffin, Hon. Beth Hanan, Hon. Michael Halfenger, Hon. Nancy Joseph, and Atty. Brent Nistler.

Congratulations to the 2018 Jenkins Honors Moot Court Competition Semifinalists

By: Melissa Love KoenigApril 15, 2018Legal Education, Legal Practice, Legal Writing, Marquette Law School, PublicLeave a comment»

Congratulations to the students in the 2018 Jenkins Honors Moot Court Competition who advanced from the quarterfinal round to the semifinal round. These students will be competing at 1 p.m. today:

William Ruffing & Killian Commers v. Alexander Hensley & Claudia Ayala
Jehona Osmani & Emily Gaertner v. Sarita Olson & Olivia Garman

Congratulations to all the teams who competed in the quarterfinals. We appreciated the judges coming out to hear the oralists. Among the judges were a number of Jenkins and moot court alumni, including Natalie Schiferl, who came all the way from Minnesota to judge with her Jenkins partner, Mary Youssi.

Best of luck to the semifinalists!

Professor Atiba Ellis to Join Marquette Law in Fall 2018

By: Chad M. OldfatherApril 13, 2018April 13, 2018Legal Education, Marquette Law School, Public2 Comments

Many in our community will recall Professor Atiba Ellis, who served as Boden Visiting Professor at the Law School during the fall 2017 semester. He will return to the Law School for the fall 2018 semester—this time as professor of law and a member of the permanent faculty. We are delighted that he will be joining us.

During his semester as the Boden visitor, Professor Ellis taught a course entitled Contemporary Issues in Civil Rights. He also participated broadly and enthusiastically in the Law School community, including by delivering a faculty workshop, serving as a featured guest for one of Mike Gousha’s “On the Issues” sessions, and being consistently present in the common areas of Eckstein Hall for engagement with students and colleagues.

Professor Ellis joins Marquette Law School from the law school at West Virginia University, where he has been a member of the faculty since 2009. In 2017, in addition to his semester at the Law School, he served as a Visiting Scholar at Duke University Law School. Professor Ellis has taught courses in the areas of Election Law, Civil Rights Law, Race and the Law, Property, and Trusts and Estates. His research and scholarship has focused on voting rights law and theory, critical legal theory, and legal history. He is a well-established and highly regarded scholar whose work relates directly to matters of great present concern within Milwaukee and Wisconsin more generally.

Please join me in welcoming Professor Ellis (back) to Marquette University Law School.

Overheard Outside Eckstein Hall

By: Edward A. FalloneApril 12, 2018Marquette Law School, Public, UncategorizedLeave a comment»

The following conversation was overheard this morning outside of the entrance to the parking structure in Eckstein Hall:

Parking Attendant: I’m sorry, but you will have to back up your car. The parking structure is full.

Faculty Member: I can see past the gate. There are plenty of empty spots.

Parking Attendant: Those spots are reserved for faculty and students only.

Faculty Member: But I have been on the faculty for 26 years.

Parking Attendant: My apologies. I didn’t recognize you. However, those spots are reserved for today’s On the Issues with Mike Gousha. He is interviewing the author of the book “Trump Bad: How to Sell Your Book By Using Trump’s Name in the Title.”

Faculty Member: I happen to know that that event is tomorrow.

Parking Attendant: My mistake. Today those spots are reserved for people attending Charles Franklin’s press conference. He has new poll results: “Public Support for Cheese Curds Reaches Record Low in Wisconsin.”

Faculty Member: I think that you made that up. Continue reading “Overheard Outside Eckstein Hall”

Will a Wisconsin Benefit Corporation Benefit Your Start-Up?

By: Nicole PatersonApril 11, 2018April 15, 2018Business Regulation, Corporate Law, Marquette Law School, PublicLeave a comment»

As a student associate in Marquette’s Law and Entrepreneurship Clinic, I see many start-up companies struggle with entity selection. It can be a difficult decision because founders have to consider liability, management structure, employee compensation, formation formalities, future investments, and tax implications, among other things.

As of February 26, 2018, the decision-making process got even harder. That is when 2017 Wisconsin Act 77 took effect, which recognized a new type of entity: benefit corporations. Far from being a trailblazer, Wisconsin was the 34th state to adopt such legislation.

So what is a benefit corporation? A benefit corporation is a type of corporation that places social and environmental values on equal footing with profits; in other words, a corporation with a “triple bottom line.” Chapter 204 of the Wisconsin Statutes specifies the process and requirements of incorporating a benefit corporation. Continue reading “Will a Wisconsin Benefit Corporation Benefit Your Start-Up?”

Changes to Wisconsin’s CCAP Shortens the Time that Some Records are Online

By: Grace GallApril 8, 2018April 15, 2018Marquette Law School, Privacy Rights, Public, Wisconsin Court System1 Comment

“How do you spell their last name?”—That is often the question my mother used to ask me when I was a kid and asked to spend the night at a new friend’s house. Like many Wisconsin parents or employers, my mother often would use the public record cite called CCAP to search criminal and civil records of individuals. As a child, I simply got used to my mother’s question and as I grew older and started working in the legal field myself, I became more and more acquainted with CCAP. Recently this year, I heard about changes being made to the CCAP record system. The Director of State Courts voted in March of this year to change the time limits for dismissed or acquitted cases to have them removed from the public record site after two years from the final order. Continue reading “Changes to Wisconsin’s CCAP Shortens the Time that Some Records are Online”

Our April Bloggers Have Arrived!

By: Edward A. FalloneApril 3, 2018April 4, 2018Marquette Law School, Public, UncategorizedLeave a comment»

Attorney Bill Davidson stands in ront of a Wisconsin flag. — Bill Davidson

Head shot of student Benjamin Britton. — Benjamin Britton

Please join me in welcoming our two guest bloggers for the month of April.

Our Alumni Blogger of the Month is Bill Davidson. Bill is a December 2016 graduate of Marquette University Law School and has served as an Assistant District Attorney in Milwaukee County since February 2017. In addition to prosecuting a wide variety of civil and criminal offenses in the Milwaukee County Circuit Court, Bill has represented the State of Wisconsin in several matters before the Wisconsin Court of Appeals. He resides in the Greater Milwaukee Area with his wife and daughter where he enjoys spending time with his family, playing golf, and cheering for the Chicago Cubs.

Our Student Blogger of the Month is Benjamin James Britton. Benjamin introduces himself as follows: “I am a father to a 6 year old son and currently a 3L at Marquette University Law School graduating in May 2018. Prior to coming to law school I obtained my Bachelor’s in Science degree in Criminal Justice from the University of Wisconsin with a Minor in psychology in May of 2007. Upon completing my undergraduate studies, I immediately began working as a paralegal and have continued to do so during my studies at Marquette.”

We look forward to reading your posts!

Jenkins Competitors Move to the Quarterfinals

By: Melissa Love KoenigMarch 27, 2018March 27, 2018Legal Practice, Legal Writing, Marquette Law School, Public1 Comment

Congratulations to the students in the Jenkins Honors Moot Court Competition who have moved on to the inaugural quarterfinal round of the competition. The students will be competing on Saturday, April 14 at 1 p.m. to determine who will be advancing to the semifinal round on April 15 at 1:00 p.m.

The teams will be paired as follows:

Emily Gaertner and Jehona Osmani v. Simone Haugen and Anne O’Meara

Olivia Garman and Sarita Olson v. Katie Bakunowicz and Kelsey Stefka

Claudia Ayala Tabares and Alexander Hensley v. Elizabeth Grabow and Zeinat Hindi

Killian Commers and William Ruffing v. Be’Jan Edmonds and Ian Pomplin

Congratulations to all the participants in the competition. We also very much appreciate the judges who grade briefs and participate in the preliminary rounds. This year we had two Jenkins alums, Attorneys Lindsey Anderson and Averi Niemuth, judging together in the preliminary rounds. One of the great things about moot court is how active our alums and volunteers are, and we appreciate their time and assistance every year.

Is it Time for More Than Just “Thoughts and Prayers”?

By: Michael Van KleunenMarch 20, 2018March 20, 2018Congress & Congressional Power, Federal Law & Legal System, Human Rights, Marquette Law School, President & Executive Branch, Public1 Comment

This semester in Professor Lisa Mazzie’s Advanced Legal Writing: Writing for Law Practice seminar, students are required to write one blog post on a law- or law school-related topic of their choice. Writing blog posts as a lawyer is a great way to practice writing skills, and to do so in a way that allows the writer a little more freedom to showcase his or her own voice, and—eventually for these students—a great way to maintain visibility as a legal professional. Here is the first of those blog posts, this one written by 2L Michael Van Kleunen.

Since the high school shooting in Parkside, Florida, we have seen an arguably unprecedented response from citizens and politicians speaking out on the topic of gun control and the extent to which a policy should be implemented. However, the National Rifle Association (NRA) and other gun rights groups have maintained a strong stance against policies that limit the proliferation of guns in the United States, basing their argument on the Second Amendment.

These groups have profoundly affected political rhetoric and the subsequent legislative landscape for decades. Recent polls have shown a majority of Americans would like to see Congress pass some kind of gun control legislation. But why has it taken so long for such policies to move forward? One key reason is the amount of campaign contributions issued to politicians who occupy vital positions that, inherent in their position, facilitate the creation and passing of legislation. Continue reading “Is it Time for More Than Just “Thoughts and Prayers”?”

Tuition Reduced for Summer Study Abroad in Germany

By: Edward A. FalloneMarch 17, 2018International Law & Diplomacy, Legal Education, Marquette Law School, Public, UncategorizedLeave a comment»

A group of over 30 law students stand together holding their certificates at the Closing Ceremony of the 2017 program in Giessen, Germany. — Summer Schools Justus-Liebig-Universität 2017 Closing Ceremony

Time is running out to apply for the 2018 Summer Session in International and Comparative Law to be held over 4 weeks in Giessen, Germany (July 14 – August 11, 2018). The tuition for the program has been reduced in the amount of $750. Accordingly, the total amount of academic and non-academic fees for 4 Law School credits, lodging and two field trips has been reduced to only $4,350 (airfare is still the responsibility of each student). We are very pleased to be able to provide this reduction in the total cost of the program for all of our participants.

The deadline for applications for this summer’s program is March 23. Applications will be accepted after the deadline if there is space available. Applications can be downloaded on the following webpage:

https://law.marquette.edu/programs-degrees/international-comparative-law-germany

Additional details, including course and faculty information, can be viewed by navigating the links on the webpage.

This is a fantastic opportunity to live and learn with law students from all over the world and to take classes from an international faculty. Don’t let this chance pass you by.

See Professor Fallone if you have any questions, or email him at edward.fallone@marquette.edu .