Judge Sutton’s Hallows Lecture

Hallows LectureMarquette University Law School is fortunate to welcome this week the Hon. Jeffrey S. Sutton of the U.S. Court of Appeals for the Sixth Circuit. Judge Sutton will deliver our annual Hallows Lecture on Tuesday, February 28, at 4:30 p.m. in the Appellate Courtroom of Eckstein Hall. His lecture, titled “Barnette, the Roosevelt Appointees, and the Progressive Embrace of Judicial Review,” focuses on Board of Education v. Barnette, the U.S. Supreme Court’s 1943 decision holding that the First Amendment protected students unwilling on religious grounds to salute the American flag. The 6-3 decision overturned Minersville School District v. Gobitis, a 7-2 decision only three years earlier. Appointees of Franklin D. Roosevelt were central in this drama: Robert H. Jackson wrote for the Court in Barnette, over the dissent of Felix Frankfurter, who had authored Gobitis but found himself abandoned by William O. Douglas and Hugo L. Black. Judge Sutton will discuss how this reversal of course happened so quickly and why it marked a turning point away from the progressive opposition to many forms of judicial review. The lecture is free and open to the public (registration is required) and will bear 1.0 CLE. The Hallows Lecture—perpetuating the memory of the late E. Harold Hallows, Chief Justice of the Wisconsin Supreme Court and longtime Professor of Law at Marquette University—is one of the Law School’s flagship events, precisely because we have been the beneficiary of contributions from such distinguished jurists as Judge Sutton.

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Obama, Santorum Show Strengths in New Round of Law School Poll Results

New results from the Marquette Law School Poll show Wisconsin voters currently favor President Barack Obama over each of the Republicans seeking the presidential nomination, while former Senator Rick Santorum has moved into the lead as the presidential choice among the state’s Republicans.

The poll finds that 72% of those who responded had heard or read about the “John Doe” investigation of former aides of Governor Scott Walker while he was Milwaukee County executive. Fifty-two percent of those who were aware of the investigation called it “something really serious” while 40 percent said it is “just more politics.”

The results, released Tuesday, are from the second round of the Law School’s year-long polling project, the largest project of its kind in Wisconsin history. The new results include a decline from January in the percent of voters giving favorable rating to Walker and head-to-head results for possible US Senate match-ups this year. They also shed light on public sentiment about Wisconsin’s job climate and the proposed iron ore mine in northern Wisconsin.

Full results can be found by clicking here . Professor Charles Franklin, director of the poll and visiting professor of law and public policy at Marquette Law School, will talk about the result with Mike Gousha, distinguished fellow in law and public policy, in a session open to the public at 12:15 p.m. today at Eckstein Hall. The session will be shown live at law.marquette.edu and will be available for watching later on the Web page for the Law School poll.

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Brace Yourself for a Year of Negativity in Politics, Kind Warns

Wisconsin needs someone to bring the state together politically, Congressman Ron Kind said Tuesday, but he stuck by his decision not to offer himself as that person when it comes to running for governor in the recall election expected in the next few months.

“I’ve got a full plate now,” Kind told Mike Gousha, the Law School’s distinguished fellow in law and public policy, at an “On the Issues” session in Eckstein Hall. Kind cited his role on the House Ways and Means Committee, which plays a central role in dealing with issues such as spending and health care, as well as the needs of his family, including two teenage boys.

Kind, a Democrat who represents much of western Wisconsin in the House of Representatives, often has been mentioned as a possible candidate for governor or senator, but has declined to seek those offices.

“What’s desperately needed in our state is some reconciliation,” Kind said, criticizing the way Republican Governor Scott Walker pushed through changes in the state budget and in state law. He called Walker’s approach “unfortunate” and said, “It certainly wasn’t the Wisconsin way” which aims to bring people together.

“I don’t know what it is going to take to restore some comity to our political process,” Kind said.

Kind is often labeled a centrist. He told Gousha that political life, both in Washington and in Madison, has become harder for those in the middle because “more radical voices” have been empowered through changes such as spending by special interests and primary election campaigns in which those further to the left or right have had the upper hand in each party.

Kind discussed a range of major policy issues, including health policy, taxes and spending, and American involvement in Afghanistan and Pakistan. Among those in the audience: Milwaukee Mayor Tom Barrett, a friend and often times ally of Kind.

Looking to the coming elections in Wisconsin, including a presidential contest, Senate contest, legislative races, and the expected recall of the governor, Kind said there is going to be a lot of negativity. “We need to brace ourselves,” he said. “This is going to be a pretty ugly political year.”

A video recording of the session can be viewed by clicking here.

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