An Interview with Professor Gordon Hylton

[Editor’s Note: This blog is the first in a series of interviews with faculty and staff at the Law School.] 

Professor Gordon Hylton is a graduate of Oberlin College, where he majored in History and English Literature. He holds a J.D. and M.A. in History from the University of Virginia and a Ph.D. in the History of American Civilization from Harvard University. Following law school, he clerked for Justice Albertis S. Harrison and Chief Justice Lawrence I’Anson of the Virginia Supreme Court and worked for the Massachusetts Commission Against Discrimination. He joined the Marquette faculty in 1995, after teaching at IIT Chicago Kent College of Law and Washington University. He has also taught as a visiting professor at Washington and Lee University and the University of Virginia and served as a Fulbright Lecturer in Law in Ukraine. His current research interests are in the history of the legal profession, constitutional history, and the legal history of American sports.

Question: What motivated you to pursue a law degree and ultimately teach law?

When I was a senior in college, my plan was to go to graduate school in history. However, the job market for historians was supposedly terrible, and I was intrigued by the idea of being a lawyer, even though there had never been a lawyer in my family. I ended up splitting the difference by enrolling in a joint law and history program at the University of Virginia, in my home state.

After three years at UVA, I had completed my law degree and the coursework for a master’s degree in history. At that point, I accepted a clerkship with the Virginia Supreme Court, and while clerking, I finished my master’s thesis. During that year, I decided that I wanted to be a history professor rather than a lawyer, so I enrolled in the History of American Civilization program at Harvard to work on a Ph.D. Although I planned to concentrate on American legal history as my major field, I felt I was leaving law for a career as a history professor.

However, while in graduate school, I decided that what I really wanted to do was to teach in a law school. I took a course called “Preparing for Law Teaching” at Harvard Law School, and after teaching for a year as an Instructor in the Harvard History Department, I entered law teaching at Chicago-Kent.

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New Ventures and Old

As some members of the Law School know, last winter I received a grant from the Bradley Foundation to form a nonprofit law center that has come to be known as the Wisconsin Institute for Law & Liberty. WILL engages in public education and litigation in the public interest with respect to issues of constitutional government, individual liberty, and the preservation of a robust civil society. We currently have a staff of four, including Tom Kamenick (L’09), and look forward to expanding as we complete our first year of operation this July. You can read more about us here.

I am excited by WILL but also happy to be able to return to the Law School on the adjunct faculty and teach Election Law this spring. When I proposed the class and first taught it a few years ago, I thought it would be something that could be offered every two years for the politicos in the student body. I had no idea that it would be delivered during a time when Wisconsin had become a virtual election law laboratory. But that’s where we are and that’s where I’d like to go in my next blog post.

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A Lesson Learned from a Great Bankruptcy Judge

Judge Dale Ihlenfeldt Judge Dale Ihlenfeldt died right after Christmas. He was 92 years old and hadn’t sat on the bankruptcy court bench in Milwaukee for many years, though he remained active until fairly recently, including by teaching an annual CLE program in Madison in which I also participate. Teaching CLE required him to keep up on developments in bankruptcy law, and that suited him just fine, because he loved the law. He also liked lawyers, and his warm, engaging personality was always welcome whenever he could join us.

I learned a lot from Judge Ihlenfeldt over the years, but one of the most valuable lessons he taught me came very early in my legal career, and I see this story as making an important point for law students and new lawyers. The practice of law requires constant learning; you’ve barely begun to know what you need to know when you leave law school. And you can—must—learn the lessons of the law (and life) from everyone, not just your professors, but your colleagues, your adversaries, your clients, and even from judges.

Back in the mid ’70s, as an associate at Foley & Lardner, I first appeared in bankruptcy court for banks and other creditors, often seeking to recover collateral or to oppose the discharge of a debt. I had appeared before Judge Ihlenfeldt a few times, and on this particular occasion he had ruled against me. I don’t remember the details, but the decision may well have involved the judge’s exercising some discretion, and he exercised it against my client. The case was over, and (as often happened in his court) the lawyers had lingered in chambers to talk. He could tell that I was upset at losing (not then having much experience at it—a condition that time has healed), and he turned to me, in his gentle way, and said, “Oh, Tom, you have to understand that we’re the bankruptcy court. Bankruptcy law is intended to benefit debtors, and you shouldn’t expect to win all the time when you represent creditors.”

This comment struck me at the time and many times since as one of the best lessons that a judge could teach a young lawyer. And it has implications beyond bankruptcy law. Good judges like Judge Ihlenfeldt call them as they see them and follow the law as they understand it. But a lawyer should never lose sight of the fact that much of the law (understood as being what judges do) is not black and white, but gray, and a judge’s instincts in the gray area—whether to afford a debtor relief, to let a plaintiff try to prove her case, or to cut a lawyer some slack—are every bit as much a part of the law as the stuff in the books. I’m glad that I learned that lesson early from a great judge.

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