Lessons in the Law and Civic Life

Fall 2025 Magazine CoverWhat should be the goal of a law school? Obviously, educating students to be excellent lawyers is at the core. But the life of a law school goes far beyond the walls of a building and what happens in classrooms.

The Fall 2025 issue of the Marquette Lawyer magazine gives insights into how far the reach of a law school can and should extend. From the dignified proceedings of appellate courts to the sometimes-contentious atmosphere of school board meetings, from the harsh insides of prisons to the world of water policy, from kindergarten through twelfth-grade classrooms to enjoyable vacations—they’re all part of this issue. And there’s plenty more about life inside Marquette Law School and legal education.

The cover story of the magazine, headlined “Courts or Community Conversations?,” sets the theme. In his E. Harold Hallows Lecture at Marquette Law School on March 3, 2025, the Hon. Michael Y. Scudder, a judge of the United States Court of Appeals for the Seventh Circuit, discussed some of the constitutional limits on bringing issues before federal courts. He expanded on this by suggesting that constitutional limits on jurisdiction protect First Amendment interests and the value of democratic self-government, ensuring that state institutions such as city councils and school boards remain at the center of debate and decision.

The magazine offers a text of Scudder’s lecture and amplifies on his theme with two companion pieces: Professor Charles Franklin, director of the Marquette Law School Poll, provides insights from recent Marquette Law School Poll results on the involvement of people across the nation in civic life, including participation in government, religious, and community organizations. And, in an edited transcript of their conversations in person and by email, Scudder and Franklin reflect on broad issues of involvement in civic life.

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New Marquette Lawyer Sheds Light on Issues Shaping Today’s World

Marquette Lawyer Cover Summer 2025Marquette Lawyer is not a news magazine, strictly speaking. In fact, there is hardly anything left of news magazines in the United States. But that hardly means there isn’t a lot to learn about what is in the news. And the Summer 2025 issue of Marquette Lawyer certainly provides news in the sense of insights on several major current matters.

Start with Canada. No, we’re not interested in the controversies over making Canada part of the United States or trade policies between the two nations. But we are interested in understanding our neighbor to the north better, especially when it comes to its legal system, which is surely an appropriate focus for those involved in legal education and the law more generally.

That’s what brought the Hon. Suzanne Côté, a justice of the Supreme Court of Canada, to Marquette Law School to present the annual Hallows Lecture last academic year. “Roots of the Living Tree,” an edited version of her lecture, is the cover story of the magazine and offers insights into the premises and practices of Canadian constitutional law. The text may be read by clicking here.

While the Canadian legal system makes infrequent news in the United States, the rapidly developing world of artificial intelligence is in the news often. How to control problems connected to AI, such as false content known as “hallucinations” and copyright infringement, is a timely and important topic.

That brought Reuven Avi-Yonah, the Irwin I. Cohn Professor of Law and director of the International Tax LLM Program at the University of Michigan, here for the annual Robert F. Boden Lecture this past September. Avi-Yonah, one of the world’s most widely respected scholars on tax law, delivered a lecture, “Can Tax Policy Help Us Control Artificial Intelligence?” That became a major piece in this  issue, which may be read by clicking here.

The way Wisconsin handles decisions about setting boundaries for legislative districts has attracted national attention recently. The ups and downs of redistricting decisions have been both influential in shaping power in Wisconsin politics and difficult to follow. John D. Johnson, a researcher with Marquette Law School’s Lubar Center for Public Policy Research and Civic Education, is an expert on redistricting and what it has meant to Wisconsin politics. “The Boundaries of Law and Politics” is his richly detailed article describing the history of the subject. As redistricting continues to be in the news, Johnson’s guide to the subject provides valuable background. It may be read by clicking here.

Another issue that underlies much of the news in today’s world: the quality of judging and judges, from local courts to the highest courts in the land. “In Search of Humbler—and Wiser—Judgments” offers thoughts from Chad M. Oldfather, professor of law at Marquette University. Oldfather’s new book, Judges, Judging, and Judgment: Character, Wisdom, and Humility in a Polarized World, was published by Cambridge University Press. Oldfather also talks about good judgment in legal practice beyond the courtroom in this question-and-answer dialogue. It can be read by clicking here.

Marquette University’s new president, Kimo Ah Yun, has been in the news a lot. In a Lubar Center “Get to Know” program on January 17, 2025, Ah Yun told moderator Derek Mosley, director of the Lubar Center, and an audience of about 200 his powerful personal story, as well as some aspects of his vision for Marquette. The story of his “underdog” rise may be read by clicking here.

Over the years, ways to improve the outcomes of people being released from incarceration has been the subject of several programs at Marquette Law School. In December 2013, for example, Craig Steven Wilder, a professor of American history at the Massachusetts Institute of Technology, was interviewed by Mike Gousha, distinguished fellow in law and public policy, about Wilder’s book on how race and slavery issues were handled by some prominent universities.

In the audience was R. L. McNeely, L’94, a retired professor at the University of Wisconsin–Milwaukee. At a lunch afterwards for a small group, the conversation turned to Wilder’s involvement in a program aimed at helping educate incarcerated people.

McNeely followed up by starting to work on creating such a program in Wisconsin, involving Marquette and ultimately several other universities. It took years for the idea to become reality, and McNeely, who died in 2020, did not live long enough to see that happen. “From Conversation to Dream to Idea to Reality” describes the origins of the idea and the determination of McNeely and several others, including faculty in Marquette University’s Klingler College of Arts and Sciences, to launch what is now known as the McNeely Prison Education Consortium. The article may be read by clicking here.

“Good Neighbors”—that’s the headline on an article about changes in the immediate vicinity of Eckstein Hall, the Law School’s home. The changes include a new pastor at the Church of the Gesu, Rev. Michael Simone, S.J., and a largescale renovation of sections of the church building; the $42 million renovation and expansion of Straz Hall, making it the new home of the College of Nursing under the continued leadership of Dean Jill Guttormson; and the vision of a new director, John McKinnon, at the Haggerty Museum of Art. The Law School community welcomes all three good neighbors. The article may be read by clicking here.

In early 2025, John T. Chisholm stepped down after 18 years as Milwaukee County district attorney and more than three decades of service in the office and is now a senior lecturer at the Law School. In an essay, “A New Venue for Kindling the Fire for Lawyers to Serve Others,” Chisholm offers his perspective on his new role. It can be read by clicking here.

John Novotny recently retired after almost 20 years working on behalf of the Law School and longer service yet to Marquette University. In remarks at Novotny’s retirement reception, Law School Dean Joseph D. Kearney praised Novotny for more than his success in raising funds. Novotny embodies the vision of Jesuit education, Kearney said. The text of his remarks may be read by clicking here.

In his column, titled “Speaking Just for Myself,” Dean Kearney reflects on his approach to aspects of his office. His column may be read by clicking here.

Finally: the Class Notes describe recent accomplishments of more than 40 Marquette lawyers, including Byron B. Conway, L’02, who was recently sworn in as a federal judge serving the Green Bay Division of the U.S. District Court for the Eastern District of Wisconsin. The notes may be read by clicking here, and the back cover (here), through two examples, spotlights the impressive record of Marquette law students serving in pro bono and public service roles.

The full magazine may be read by clicking here for the PDF or here for the “interactive” version.

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New Marquette Lawyer Spotlights People Raising Their Voices to Seek Just Outcomes

Marquette Lawyer Cover with Wylie AitkenAll his life, Wylie Aitken has loved the performing arts. He wanted to make it on the stage, in movies, or in concert halls. He also wanted to advocate for people who were not getting fair deals in some important ways. As a young man, he realized the best path for him was to focus on the latter while drawing on his talents for the former. In the 1960s, he took his dreams from Southern California to Marquette Law School, where he developed skills essential to success as a lawyer. Returning home, he then launched a long and successful career performing, as he puts it, for audiences of 12, namely, members of juries. Aitken has won cases against giants such as Disneyland and the auto industry on behalf of what he calls “the little guys.” And beyond his legal practice in Orange County, California, he and his wife, Bette, have been influential in building up the performing arts, supporting Democratic politicians, and boosting the quality and vitality of education institutions. That includes generosity they have shown for years to Marquette Law School and Marquette University.

The Summer 2024 issue of Marquette Lawyer magazine features a profile of the colorful Aitken, who credits Marquette Law School with playing an important part in his success. The article, titled “Winning Performance,” may be read by clicking here.

Beyond the specifics of Aitken’s success lies a theme of the good that can come from developing talents and abilities, working hard, and raising your voice in pursuit of making things better. Those are themes reflected in several other pieces in the new magazine.

In “Army of Survivors,” Professors Paul G. Cassell of the University of Utah and Edna Erez of the University of Illinois Chicago assess the importance of victim impact statements given by 168 women who were victimized by Larry Nassar, once the team doctor for USA Gymnastics. The women who testified at Nassar’s sentencing proceeding showed great courage in raising their voices in court (in nationally televised sessions) in pursuit of making sure that not only Nassar but many who enabled him were held accountable and that the general public had increased knowledge of the evils of sexual assault. Cassell and Erez analyze different aspects of the impact the women’s statements had and conclude that giving victims the opportunity to raise  their voices has great value. The article is based on the Barrock Lecture on Criminal Law the two professors gave at Marquette Law School. It may be read by clicking here.

Professor Margo Bagley of Emory University raises her voice on behalf of bringing more women and underrepresented minorities into the world of inventing and patenting. In “Deploying Our Secret Weapon,” Bagley spells out specifics on how few women and minorities have become involved in such work in the past. She makes the case that bringing more of them into such work not only is right but can improve economic growth and America’s global standing. The article is based on Bagley’s Nies Lecture on Intellectual Property at Marquette Law School. It can be read by clicking here.

Voices have been raised in many varied—and passionate—ways in advocating for what corporations could and should do to involve themselves in the improving their communities or the nation as a whole. Is the only real obligation of a corporation to pursue profits for owners and shareholders? Or are there broader role businesses should play? And what is the law around permitted use of corporate resources? Professor Ann M. Lipton of Tulane University analyzes the complex issues involved in such debate in “Of Chameleons and ESG,” an article based on her Boden Lecture at Marquette Law School. The article may be read by clicking here.

Veteran Milwaukee journalist Tom Kertscher was visiting his father in West Bend, Wisconsin, when a police officer arrived to give him a ticket for not making a full stop at an intersection several blocks away. A doorbell video from a resident led to the ticket—and led to Kertscher’s raising his voice about the extensive amount of surveillance of this kind. It is generally legal when done by private individuals, he found. Kertscher’s tale, interweaving his unsuccessful effort in court to be given a warning and not a ticket together with broader context about the legality of such surveillance evidence, can be read by clicking here.

The Burdens of All: A Social History of American Tort Law, a book by Joseph A. Ranney, the Adrian P. Schoone Fellow at Marquette Law School, was featured in the Summer 2022 Marquette Lawyer. The book prompted Professor Cristina Tilley of the University of Iowa to raise her voice, as part of a Marquette Law School conference, in reacting to Ranney’s perspective. She praises his research—and calls on him to continue and expand it. Her essay, “All-American Tort Law, may be read by clicking here.

In his column, titled “In Celebration of Progress and Continuity,” Dean Joseph D. Kearney reflects on nine 100-year-old tables that were moved in 2010 from Marquette Law School’s long-time home, Sensenbrenner Hall, to Eckstein Hall—and, more generally, on how the Law School benefits from both tradition and change. His column may be read by clicking here.

Finally: the Class Notes describe recent accomplishments of more than 30 Marquette lawyers and may be read by clicking here, and the back cover (here) offers a recent snapshot showing the strong record of Marquette Law School graduates moving into good legal careers.

The full magazine may be read by clicking here for the PDF or here for the “interactive” version.

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