Professor Willis Lang and the Teaching of Legal Research

In recent years, Marquette has won numerous kudos for its program in legal research and writing.  Although the current version of the program is still relatively new, the teaching of legal research and writing at Marquette has its roots in the 1920’s.

In summing up the accomplishments of the Law School during the 1923-1924 academic year—the last in the old Mackie Mansion—the Hilltop (the university yearbook) noted:  “Prof. Willis E. Lang introduced a new course of Legal Research for the students.  It proved a most valuable subject as it teaches where and how to find the law.”

For a number of years prior to 1923, all Marquette Law students had been required to participate in the practice court program, which required them to draft pleadings and legal documents and do a certain amount of legal research.  The Law School also required a one-credit course in Legal Bibliography that focused primarily on the use of proper legal citation in brief writing.  However, Lang’s Legal Research course was apparently the school’s first attempt at systematic instruction in the mechanics of legal research and the entire canon of library resources.

Willis Lang (pictured above in 1949 or 1950) was a fixture of the Marquette Law School for many years.  Born in Waushara County, Wisconsin in 1892, he earned both his bachelor of letters degree and his law degree from Marquette in 1916.  Although it was fairly common in the early 1900’s for Marquette students to earn both the Bachelor of Science degree and the M.D. degree at the same commencement, Lang appears to be the only person to have simultaneously received a law degree and any type of bachelor’s degree.

Lang  passed the bar in the summer following his graduation and then remained in Milwaukee to practice law.  From October 1916 until September 1921, he was in active practice, most of the time while affiliated with William L. Tibbs, special counsel for Milwaukee County.  He was also a notary.

Lang joined the Marquette law faculty as a full-time faculty member in the fall of 1921, when Marquette decided to add a fourth full-time member to the faculty.  In addition to teaching Corporations, Partnerships, Insurance, Agency, Personal Property, Wills and Administration, and Legal Bibliography, he also taught commercial law in what was then called the School of Economics (i.e., the Marquette business school).

The 1921 appointment of Lang to the law faculty gave him the distinction of being the first graduate of the Marquette Law School to hold a full-time teaching position at the school.  Previous full-time professors and deans had received law degrees from the University of Wisconsin (Max Schoetz), Harvard (John McDill Fox), and the University of Chicago (Arthur Richter), or else had been admitted to the bar without attending law school (James Jenkins and Augustus Umbreit).

During his tenure at the Law School, Lang taught a wide variety of courses and held a number of advisory and administrative positions.  He served as Law School secretary (a position that no longer exists, but was similar to the modern post of associate dean) from 1923-1951; as Assistant to the Dean from 1928 to 1951; and as Law School Registrar from 1946 to 1951.  He was also the faculty adviser to the Law Review from 1928 to 1941, and he regularly represented Marquette at the annual meetings of the Association of American Law Schools.

During his career, Lang published a number of articles on various aspects of Wisconsin law, and he was a regular reviewer of legal treatises written by others.  Most of his publications appeared in the Marquette Law Review.  He had a longstanding interest in pedagogy, and in the 1930’s, he enrolled as a graduate student in education at Marquette while teaching full-time at the Law School.  He was awarded an M.Ed. degree in 1941, his twentieth year on the faculty.

Lang remained on the faculty until his untimely death at age 58 on April 29, 1951.  His funeral was held in Gesu Church, and all six of his pallbearers were former students who had become judges.  He was survived by his wife and daughter and by his son, Willis Lang, Jr. (1923-1998), who was then a second-year law student and who went on to a long career as a lawyer in southeastern Wisconsin.  His Marquette colleagues at the time of his death included current Prof. Emeritus Jim Gihardi who joined the law faculty in 1946.  As a law student at Marquette from 1939 to 1942, Prof. Gihardi was also one of Lang’s students.

Continue ReadingProfessor Willis Lang and the Teaching of Legal Research

Criminal Appeals Symposium: New Issue of Marquette Law Review Hits Newstands

Congratulations to the editors of the Marquette Law Review on the publication of a new issue.  This issue features papers presented at the Criminal Appeals Conference here in June 2009.  All of the articles can be downloaded from the Law Review‘s website.  Here are the contents:

  • Criminal Appeals: Past, Present, and Future , by Chad M. Oldfather and Michael M. O’Hear
  • Stories of Crimes, Trials, and Appeals in Civil War Era Missouri, Frank O. Bowman III
  • Scottsboro, by Michael J. Klarman
  • A Fair Trial, Not a Perfect One: The Early Twentieth-Century Campaign for the Harmless Error Rule, by Roger A. Fairfax Jr.
  • Justice on Appeal in Criminal Cases: A Twentieth-Century Perspective, by Paul D. Carrington
  • The Impact of Government Appellate Strategies on the Development of Criminal Law, by Andrew Hessick
  • Death Penalty Appeals and Habeas Proceedings: The California Experience, by Gerald F. Uelmen
  • Taking Strickland Claims Seriously, by Stephen F. Smith
  • “You Can’t Get There From Here?”: Ineffective Assistance Claims in Federal Circuit Courts After AEDPA, by Gregory J. O’Meara S.J.
  • Innocence Protection in the Appellate Process, by Keith A. Findley
  • Judicial Blindness to Eyewitness Misidentification, by Sandra Guerra Thompson
  • Robust Appellate Review of Sentences: Just How British Is Indiana?, by The Honorable Randall T. Shepard
  • The Future of Appellate Sentencing Review: Booker in the States, by John F. Pfaff
  • Appellate Review of Sentencing Policy Decisions After Kimbrough, by Carissa Byrne Hessick
  • Appellate Review of Sentence Explanations: Learning from the Wisconsin and Federal Experiences, by Michael M. O’Hear
  • Context and Compliance: A Comparison of State Supreme Courts and the Circuits, by Sara C. Benesh and Wendy L. Martinek
  • Federal Criminal Appeals: A Brief Empirical Perspective, by Michael Heise
  • Temporary Victims: Interpreting the Federal Fraud and Theft Sentencing Guideline, by Ryan N. Parsons
  • Congressional Legislation: The Next Step for Corporate Deferred Prosecution Agreements, by Rachel Delaney
Continue ReadingCriminal Appeals Symposium: New Issue of Marquette Law Review Hits Newstands

From Marquette Law School to the National Football League Part I: Claude Taugher

The opening of a new NFL season provides an opportunity for the Marquette family to remember that there was a time when Marquette University was a regular supplier of players to the National Football League.  In the early 1920s, this could be said about the Marquette Law School as well as Marquette College.

An earlier post described the career of Lavern “Lavvy” Dilweg, L ’27, who, after an All-American career at Marquette, played for the Milwaukee Badgers and Green Bay Packers in the National Football League.  After his playing career ended, Dilweg became a prominent lawyer in Green Bay and also served as a United States Congressman during the Second World War.

In addition to Dilweg, at least two other former Marquette law students—Claude “Biff” Taugher and Laurence “Mac” McGinnis—played in the NFL in the 1920s.  To this list could also be added the name of Paul Robeson, who studied informally at the law school while playing for the Milwaukee Badgers in 1922.

This article deals with the career of “Biff” Taugher, a war hero turned law student who played fullback for the Green Bay Packers during the 1922 season.  A second post will deal with Taugher’s teammate, law school classmate, and fellow NFL alumnus, Laurence McGinnis.

Claude Buckley Taugher was born in 1895, in Marathon County, Wisconsin, the son of country doctor P.J. Taugher and Mary Buckley Taugher. Taugher attended high school in Wausau, and at age 21 enrolled at Carroll College in Waukesha, where he played varsity football.

In 1917, Taugher’s college career was interrupted by the United States’ entry in World War I.  That year, he left Carroll College for the United States Marines, in which he was commissioned a second lieutenant.

Fighting in France in November 1918, as a member of the 6th Regiment of the Marine Corps’ 2nd Division, Taugher’s platoon successfully stormed the French village of Bayonville, capturing 61 German soldiers in the process.  Although wounded in the battle, Taugher refused to leave his troops.  For his “extraordinary heroism in action,” he was subsequently awarded both the Navy Cross and the Distinguished Service Cross.  Nine days after the incident at Bayonville, the Armistice was signed, and Taugher was discharged from the Marines as a first lieutenant on August 15, 1919.

Returning to Wisconsin, Taugher enrolled at Marquette for the fall 1919 semester and immediately became part of the football team. Initially enrolling in the college, he entered the law school the following fall (1920) as a full-time day student.

Marquette was a regional power in college football in the late 1910s and 1920s, and during Taugher’s three years on the team, the Hilltoppers compiled records of 6-2-1, 6-1-0, and 6-2-1.  Taugher’s first season with the team included both 20-0 and 31-0 trouncings of his former school, Carroll College, and a disappointing 13-0 loss to the University of Wisconsin.  (The Marquette-UW “series” ended after the 1919 season and did not resume until 1932.)

Clearly, the most highly publicized game of Taugher’s career at Marquette was the November 19, 1921 match in Milwaukee between Marquette and Knute Rockne’s Fighting Irish of Notre Dame.  In the post-World War I era, Notre Dame was universally recognized as the strongest team in college football—it went undefeated in 1919 and 1920, and from 1919 to 1924, it compiled an overall record of 55-4-0.

Undeterred, Marquette jumped out to an early 7-0 lead on a 4th down touchdown by Taugher that followed a blocked punt.  Notre Dame scored to tie the game in the second period, but the game, described by the New York Times as “slowed considerably by a wet and muddy field,” remained deadlocked until the final period when the Marquette defense finally succumbed, allowing Notre Dame to hobble away with a 21-7 victory.

The Hilltoppers rebounded the following week with a 7-0 victory over Wabash in the season finale.  Not counting the Notre Dame game, Marquette outscored its 1921 opponents by a total of 130 points to 8, while keeping all eight opponents from scoring a touchdown.   (The 8 points came on two field goals and a safety.)  Besides the Notre Dame loss, the only two “blemishes” on the team’s record were a 3-0 loss to Creighton and a 0-0 tie with Ripon.

His college eligibility exhausted, Taugher appears to have either withdrawn or been dismissed from the law school after the fall semester of 1921.  In September 1922, he signed a contract with the Green Bay Packers, but only after assuring Packer player-coach Curly Lambeau that he had no remaining college eligibility.

Under the NFL’s own rules, teams were not permitted to sign players who still retained college eligibility.  The Packers had been expelled from the NFL in January of 1922 because of the team’s use of still-eligible college players the previous season, and while they were subsequently reinstated with new ownership, Lambeau was particularly concerned that the team sign no more ineligible players.

At the time of his signing, which predated the NFL draft by more than a decade, Taugher was already well known to the Packers, and not just because of his success at Marquette.  In 1920, following the conclusion of the Marquette season, Taugher had joined a team known as the Milwaukee All-Stars which scheduled a game against the Packers, then an independent professional team.  (Green Bay would join the NFL, still known as the Professional Football Association of America, the following year.)  Taugher had starred in the game, and two years later, his exploits in that game were still clearly remembered in Green Bay.

At the time he signed with the Packers, Taugher was 27 years old, and weighed in at 5’10” tall and 185 pounds.  He would be one of seven former Marquette football players who would appear in games for the Packers during the 1922 season.

Unfortunately, Taugher’s stint with the Packers proved to be quite brief.  Early in the season, he lost the battle for the starting fullback position to a 29-year-old rookie from Penn State named Stan Mills. As a Packer, Taugher played in only two games, one of which he started, and according to the Neft and Cohen Encyclopedia of Professional Football, in those two games he carried the ball only four times for a total of two yards.  However, one of his carries did result in a touchdown.

With a roster limited by league rules to 18 players, the Packers apparently concluded that they did not have a spot for Taugher, and the 27-year-old fullback was cut loose.  After starting the season 0-3-0, the Taugher-less Packers rebounded by winning four games and tying three in their final seven games.

Relatively little is known about the details of Taugher’s life after his departure from the Packers, but it appears that there were many bumps in the road in a life marked by deception, petty crime, and alcohol.  In the summer of 1923, Taugher was appointed head football coach of Mount St. Charles College in Helena, Montana, and his impending arrival was celebrated by the Helena newspaper.  Coincidentally, the Montana team, like Marquette in Taugher’s time, was nicknamed the “Hilltoppers.”  However, a story in the Helena paper reported that in addition to being a football star, Taugher was also a graduate of Carroll College and the Marquette Law School.  Neither assertion was correct, and one guesses that Taugher was the source of the misinformation.

However, by the time the 1923 season began Taugher was no longer the coach at the Montana school, and instead was engaged as head coach at his undergraduate alma mater, Carroll College of Waukesha, Wisconsin.  Whether Taugher resigned the Montana position when the Carroll opening appeared or whether he was fired by his new employer is not known.  (Somewhat ironically, Mount St. Charles College changed its name to Carroll College in 1932, and, still sporting that name, is today a leading small college football power.)

Alas, Taugher was no more successful as a college coach than he was as an NFL fullback.  Carroll went winless in 1923, and after the end of the season, Taugher’s contract was not renewed.

Taugher appears to have led something of a vagabond existence, dividing his post-football life between the Fox Valley, Milwaukee, and Washington, D.C.  He married Marguerite Heney in Green Bay in 1926, and the couple had four children, three of whom survived to adulthood.  Although Taugher lived in different places in the 1930s and 1940s, his daughters all appear to have graduated from high school in Green Bay.

While his stay with the Packers had been brief, he was apparently recognized as a member of the Packer family, and in 1928, he participated in one of the first Packer homecoming games in Green Bay, although reports of his appearance mistakenly referred to him as a prominent physician in Milwaukee.  In 1930, he was appointed to the position of Probation Officer in Milwaukee, but in 1935, he was convicted of the offense of drunk in public in Washington, D.C.  A similarly embarrassing incident occurred in 1943, when he resided in Appleton.

Taugher died on February 8, 1963, and was buried Milwaukee’s Wood National Cemetery.

Years after his death, Claude Taugher also appeared as a character in Clarence J. Rockey’s 2006 novel, The Tin Tie, which is a fictional account of a young German soldier from World War I who emigrates to Milwaukee and enrolls at Marquette.  The protagonist joins the Marquette football team where one of his teammates is Claude Taugher.  Taugher graciously befriends the young “Kraut,” even though he quickly learns that he and his new teammate had only a year earlier been trying to kill each other on the battlefields of Europe.

Continue ReadingFrom Marquette Law School to the National Football League Part I: Claude Taugher