The Unprofessionals

Posted on Categories Alumni Contributor, Civil Rights, Constitutional Law, Judges & Judicial Process, Legal History, Political Processes & Rhetoric, Public, Race & Law, U.S. Supreme Court1 Comment on The Unprofessionals

In the decade after the American Civil War, Congress ratified three Amendments (the Thirteenth, Fourteenth, and Fifteenth) and passed five civil rights statutes (the Freedmen’s Bureau Act of 1866, the Civil Rights Act of 1866, the Civil Rights Act of 1870, the Civil Rights Act of 1871, and the Civil Rights Act of 1875) in an attempt to integrate African Americans into society and provide them with the full rights and privileges of citizenship.  From rights to vote, hold property, and contract, to rights of access to the courts, public infrastructure, and the marketplace, these enactments represented a dream of reconstruction that strove toward a more universal application of the ideals of the Declaration of Independence.  In striking down and interpreting these laws, the decisions of the Supreme Court played a crucial role in curtailing the promise of this older civil rights movement.  The Court’s undermining of the laws led to the legal segregation, discrimination, terrorizing, denial of due process, lynching, murdering, exploitation, and injustice that characterizes the African American experience in the century that followed.

The highlight reel that we all study in Constitutional Law class includes:

Continue reading “The Unprofessionals”

Our Dullened Rhetorical Swords

Posted on Categories Alumni Contributor, Political Processes & Rhetoric, PublicLeave a comment» on Our Dullened Rhetorical Swords

Okay, class, we will now turn to sentence diagramming.  Let’s take the example on page 15, begin reading:

Look, having nuclear—my uncle was a great professor and scientist and engineer, Dr. John [T] at MIT; good genes, very good genes, okay, very smart, the Wharton School of Finance, very good, very smart—you know, if you’re a conservative Republican, if I were a liberal, if, like, okay, if I ran as a liberal Democrat, they would say I’m one of the smartest people anywhere in the world—it’s true!—but when you’re a conservative Republican they try—oh, do they do a number—that’s why I always start off: Went to Wharton, was a good student, went there, went there, did this, built a fortune—you know I have to give my like credentials all the time, because we’re a little disadvantaged—but you look at the nuclear deal, the thing that really bothers me—it would have been so easy, and it’s not as important as these lives are (nuclear is powerful; my uncle explained that to me many, many years ago, the power and that was 35 years ago; he would explain the power of what’s going to happen and he was right—who would have thought?), but when you look at what’s going on with the four prisoners—now it used to be three, now it’s four—but when it was three and even now, I would have said it’s all in the messenger; fellas, and it is fellas because, you know, they don’t, they haven’t figured that the women are smarter right now than the men, so, you know, it’s gonna take them about another 150 years—but the Persians are great negotiators, the Iranians are great negotiators, so, and they, they just killed, they just killed us.

What is the subject of this sentence?  Who can identify the predicate? Continue reading “Our Dullened Rhetorical Swords”

Bradley Foundation Chief Describes Its Conservative Philosophy and Grant Making

Posted on Categories Milwaukee, Political Processes & Rhetoric, Public, Speakers at MarquetteLeave a comment» on Bradley Foundation Chief Describes Its Conservative Philosophy and Grant Making

As Rick Graber sees it, the Bradley Foundation operates “in a world of ideas, and we fund people who are in the world of ideas.”

That’s one way to describe the work of the Milwaukee-based foundation. But it is important to add a few things to that description: The Bradley Foundation is huge – it has an endowment of about $900 million and it makes grants of $40 to $50 million a year. It is influential – it has provided funding sparking big changes in American policy since it was launched in the mid-1980s. And it is conservative – its leaders have never hesitated in using that label to describe its support of limited government, free markets, traditional values, and other conservative causes. One of its signature issues is support of programs allowing parents to send their children to private and religious schools using public money.

Graber, president and CEO of Bradley since 2016, told an audience at an “On the Issues with Mike Gousha” program at Marquette Law School on Thursday, October 17, that the foundation tries to do what two brothers, Harry and Lynda Bradley, would want them to do. The two were founders of the Allen-Bradley Co., and they were supporters of conservative causes. Both died more than a half century ago and the foundation is funded out of some of the proceeds of the sale of Allen-Bradley in the 1980s. Continue reading “Bradley Foundation Chief Describes Its Conservative Philosophy and Grant Making”

Did Justice Ginsburg Stay Too Long?

Posted on Categories Judges & Judicial Process, Political Processes & Rhetoric, Public, U.S. Supreme Court, U.S. Supreme CourtLeave a comment» on Did Justice Ginsburg Stay Too Long?

Ruth Bader Ginsburg is a liberal stalwart. An icon of a generation. She has fought for everything in her life, and, in recent times, she has been fighting for her life. RBG has had an incredible career and has often been a voice for people who didn’t have one. Her liberal ideology has been a light shining through times of darkness. Through all of her incredible work, I believe that two questions still need to be asked. Was RBG selfish by not resigning toward the beginning of President Obama’s second term in office? Would that have been the right decision to allow President Obama to appoint someone who may last longer on the court? It may not be worth arguing over since it is long in the past, but there is a discussion to be had, nonetheless.

It is always tough to foresee when someone’s health will falter. With RBG, that sadly seems to be the norm rather than the exception at this point. Half of the country is left hanging every time her name comes up on a major news network or trends on Twitter. Thankfully, she has come out on top of everything she has battled thus far, but it is not outlandish to say that one of these times the country may not be so lucky. Continue reading “Did Justice Ginsburg Stay Too Long?”

Cigarette Packaging and Smokers’ Rights

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I had the delightful opportunity at the beginning of the summer to deliver a conference paper in Portugal.  Lisbon’s cobblestone alleyways and bustling riverfront were exciting, but odd as it might seem, Portuguese cigarette packaging also caught my eye.

All cigarette packs in Portugal have graphic images related to the dangers of smoking cigarettes: rotted teeth, amputated toes, diseased lungs, stitched-up chests, and naked corpses sprawled out on coroners’ metal tables.  The images and the accompanying verbal warnings take up the fronts and backs of the packs, and brand names such as “Marlboro” appear only on the narrow bottoms of the packs.

None of the Portuguese smokers to whom I spoke – and there were plenty – seemed particularly offended by the packaging.  So-called “scare messages,” after all, are genuinely intended to get smokers to stop.  They are consistent with the World Health Organization’ s directives regarding cigarette packaging, and graphic images appear on cigarette packs in most European countries.

What about graphic images in the United States?  It briefly seemed that they would begin appearing after the passage of the Family Smoking Prevention and Tobacco Control Act in 2009.  The Act in fact mandated them, and the Food and Drug Administration (FDA) formally approved nine graphic images that it considered especially likely to make people afraid of smoking.

However, the tobacco industry and assorted neo-liberal pundits immediately rose up in arms.  The former, of course, worried about its profits, and the latter championed the “right to smoke.”  The graphic warnings, the pundits argued, interfered with freedom of choice.  They were the efforts of the nefarious “nanny state.” Continue reading “Cigarette Packaging and Smokers’ Rights”

The Class of 2020: The First of a New Generation

Posted on Categories Immigration Law, Legal Education, Legal Ethics, Legal Profession, Political Processes & Rhetoric, Public, Student Contributor, UncategorizedLeave a comment» on The Class of 2020: The First of a New Generation
Painting depicting four men dressed in suits grabbing and fighting each other.
By Blaine A. White – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=73482463

I was recently posed an interesting question which I thought would make a great topic for discussion and,while I’m unsure of how this post will be received on the faculty blog, I hope it will spur conversations as interesting as those I’ve had about the subject over the past month.

Next year I will graduate from Marquette Law School along with my fellow classmates. What is particularly noteworthy about our class is that, having first come to campus in the summer of 2017, we will be the first class to graduate who started law school under the current presidential administration. Whether you voted for Donald Trump or not, one cannot deny that his presidency has created an interesting climate not just in politics, but for the law in general. So, I was left to ponder how that interesting factoid has colored my law school experience and might affect the legal field for first year lawyers next year and in the near future.

My first intuition when pondering that question was to discuss how divisive politics and social media appear to be impacting the teaching and practice of law, but I can’t presume that my class is novel in thinking that these are tumultuous times in the legal field. I can’t personally speak to the law school climate in the past, but in my own experience being a law student can be a bit a political minefield, especially outside of Eckstein Hall.  Throughout my time in law school, all of my friends and family have been eager to ask me about or to debate about constitutional issues the president has raised that month. But that is almost to be expected, as I have been told by some of my family members who are in the field.

What I was not prepared for was how politics would influence my interactions in my various intern experiences as well. Continue reading “The Class of 2020: The First of a New Generation”

In Support of the Humanities

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The seal of the National Endowment for the Humanities showing an eagle holding both arrows and an olive branch in its claws.Given the Trump Administration’s denunciations of various Americans and numerous manufactured crises, we might easily overlook its attack on the humanities.  For the third consecutive year, the Trump Administration has proposed closing down the National Endowment for the Humanities.  It has also proposed major cuts for the National Archives Administration and the complete elimination of the National Historical Publications and Records Commission.

The justifications for these kinds of cuts are predictable.  The endangered programs are said to be too costly, although the projected savings of only $28 million for National Endowment grants is not even a drop in the bucket compared to military and defense spending.  More generally, supporters of the cuts are prepared to echo the public’s growing skepticism about the value of the humanities, particularly because they purportedly do not result in marketable skills.

What we really need, some might insist, is more funding for STEM programs or, at least, a greater commitment to programs that develop roll-up-your-sleeves practical approaches to problem-solving.  These are the types of programs, it is claimed, that best prepare people for life and especially for work and employment in the context of the proverbial market economy.

Holding to the side the fact that STEM and skills funding already greatly exceed grants for teaching and research in the humanities, denigrators of the humanities overlook what might be gained from teaching and learning in such disciplines as art, classics, foreign languages, history, literature, music, philosophy, and religion.  Each of these disciplines in its own way invites us to reflect on the most fundamental of questions:  What does it mean to be human? Continue reading “In Support of the Humanities”

Five Lessons Democratic Presidential Candidates Might Learn from Tony Evers’ Victory

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After what happened in Wisconsin in 2016, you can bet the current crop of Democratic presidential candidates won’t forget about the Badger state in 2020. Donald Trump’s narrow victory here played a key role in his stunning victory, and most political observers believe the president will need to win Wisconsin again to secure a second term.

But if what’s past is prologue, Democrats might want to remember not just what happened in Wisconsin in 2016, but what happened two years later, when Democrat Tony Evers defeated Republican Governor Scott Walker in a race that was decided by fewer than 30,000 votes. Let me explain. Continue reading “Five Lessons Democratic Presidential Candidates Might Learn from Tony Evers’ Victory”

Israel Reflections–Final Thoughts…Leave with More Questions

Posted on Categories International Law & Diplomacy, Political Processes & Rhetoric, Public, Religion & Law, UncategorizedLeave a comment» on Israel Reflections–Final Thoughts…Leave with More Questions

Most of this blog post is from my colleagues Alex Lemann and Rebecca Blemberg who joined Natalie Fleury (our fabulous DR program coordinator) and me on the trip. It was such a delight to have them with us on this great and educational adventure. And, as they note, we are all likely returning with more questions rather than less. Here is one last group pic:

About 40 law students pose in casual clothes with the green hills of Israel in the background.

 

 

 

 

 

It is hard to believe that a month has gone by since we returned from Israel. On one hand, the experience was so intense and meaningful that it feels like it just ended. On the other hand, it was so far outside our normal experience that it immediately felt foreign, such that looking back now it almost feels like it was all a dream.

We have all had time to rest and reflect since we got home, and we even got the chance to gather socially for a potluck dinner. Seeing everyone again has been a great joy; there is a special bond between us now that we hope will be lasting. Initially, we wondered what it would be like to travel with 40 students. To our delight, we were warmly received by students and welcomed into serious conversations, joyful silliness, and everything in between. (We are grateful we got to travel with such wonderful students.)

One thing that has been particularly interesting upon our return has been following the news from Israel. Many students have been sending articles on current events to our (still vibrant!) group chat. Much of the news from the Middle East has a new immediacy that it lacked before our visit. We also feel informed and aware of the issues in a much deeper way than we were before. Reading that the Trump administration recognized Israeli sovereignty over the Golan Heights mere days after being there ourselves, for instance, was almost surreal. And Benjamin Netanyahu’s reelection, a week after he promised to annex Israeli settlements in the West Bank, has given us all a lot to think about.

Alex: I still haven’t been able to shake something we heard on our very first night in Israel, from Dr. Alick Isaacs. Dr. Isaacs is the co-director of Siach Shalom, which works to create a dialogue about peace that builds on a foundation of deep respect for and understanding of the fervently-held religious beliefs of people on both sides. This type of emphasis feels very foreign to us as Americans, something Michael Karayanni, Dean of the faculty of law at Hebrew University, echoed on our very last day. To many Americans, the problem of peace between Israel and Palestine (and in the region more generally) can seem like an interesting puzzle, one whose solution lies in figuring out how to fit the pieces together (or perhaps divide them up) in just the right way. Dr. Isaacs suggested that to people of faith, the Holy Land cannot simply be divided up. It is as if, he said, two people found a Torah (a bible scroll) at the same time. Cutting the Torah in half is simply unthinkable; another way to share must be found.

Rebecca: The question that stays with me also came up at Dr. Isaacs’ talk, after he gave a powerful account of people meeting together after an act of violence and finding empathy for one another. Student Shayla Sanders asked how peacemakers can bring that deep empathy we experience when we interact as individuals into more large-scale political questions that consider group interests. That question stayed with me when we heard Adam Waddell from EcoPeace speak about sharing resources and social space and “being human with one another” despite differences. I thought about it again when Genevieve Begue from the Shutafot Coalition for Economic Equality spoke to us at Juha’s Guesthouse in Jisr al Zarqa and stated that sharing personal and even painful experiences bridged some cultural divides and helped create trust needed for a social business seeking to empower impoverished women and children.  Again it came up at Kuchinate, a refugee women’s collective, in Jaffa. Refugees shared their personal stories with our group, and I will never again think about political questions concerning refugees and status without remembering these two brave women.

Where thoughts like these lead us is open to interpretation. One benefit of understanding a problem more deeply is that easy answers are no longer satisfying. At the very least we all feel that we all understand so much more than we did when we left, not only about Israel but maybe also about the human condition.

We can’t resist closing with a big Thank You to Professors Andrea Schneider and Natalie Fleury for all the work they put into this incredible class trip!

And thanks to all of our students for their wonderful reflections and our blog readers for their attention–feel free to reach out with any comments or questions. We hope that the blogs gave you a sense of the range of our trip and what we learned. What you might not have picked up is how much fun this was (for me too!) and how much I enjoyed. With much appreciation to Marquette Law School and our extra trip funders for supporting this!

Cross-posted at Indisputably.org .

Israel Reflections 2019–Feminism & Women

Posted on Categories Feminism, International Law & Diplomacy, Political Processes & Rhetoric, Public, Religion & Law, UncategorizedLeave a comment» on Israel Reflections 2019–Feminism & Women

Our last chunk of speakers were strong women who work to make Israel more inclusive and safer. Kylie Owens shared her thoughts on our first speaker.

Professor Halperin-Kaddari is a renowned expert in family law, who earned both her L.L.M. and J.S.D. from Yale Law School. Our visit with Ruth Halperin-Kaddari, a family law professor from Bar-Ilan University, was truly enlightening. Israel has a unique system of law that regulates marriage, divorce, and child custody issues. Under this system, mainly governed by religious courts, women can be oppressed, the courts completely prevent interfaith marriage, and domestic abuse can be overlooked. Professor Halperin-Kaddari discussed some of these problems in detail and offered a look at the current state of the opposition and efforts to change the system to allow the possibility of civil marriages in Israel.

Our second speaker Keren Greenblatt immediately connected to all of us  when she started speaking having fun when you go out at night.  She then talked about her organization Layla Tov (Hebrew for good night), which organizes bars and clubs to combat harassment.   (News story here.Continue reading “Israel Reflections 2019–Feminism & Women”

Israel Reflections 2019 — Shared Society Continued!

Posted on Categories International Law & Diplomacy, Political Processes & Rhetoric, Public, Religion & Law, UncategorizedLeave a comment» on Israel Reflections 2019 — Shared Society Continued!

Great to see so many of us at the ABA conference this past week!  We will have blogs soon about conference sessions and lessons…And, in the meantime, here’s another from Israel:

Our work out for the week was held at Budo for Peace (BFP). BFP is an innovative non-profit educational organization based in Israel that uses the ethical values of traditional martial arts to empower children while promoting social harmony and peace in the Middle East. Since its establishment 14 years ago, BFP’s programs have impacted thousands of children from diverse cultural, religious, ethnic and socio-economic origins throughout Israel and the Middle East, including refugees in Lesvos, Greece.

A line of young martial arts students wearing black uniforms stand with a line of adults inside of a gynmasium.Yamilett Lopez said “When our group arrived, we got to practice some Budo with the children as well as learn about the Budo for Peace’s goals of advocating co-existence and dialogue, empowering females, fostering immigrant communities, and engaging at risk youth. Overall, it was amazing to see a sports organization help bridge a divide among communities.”  This was both a ton of fun and hilarious!

A smiling adult in athletic clothing rests his leg on top of the shoulder of a smiling friend.We then had dinner at Juha’s Guesthouse in Jisr a Zarqa. Meaghan McTigue noted “The town is the only Arab village on the Israeli coast of the Mediterranean Sea and their guest house is an embodiment of hope in their future. The guest house is the fruits of a Jisr local Ahmed and Jewish Israeli Neta. The unlikely pair partnered with a shared vision and believe in the potential of the town and its people. The guest house serves as an economic asset to the village where guests are encouraged to explore the area and shop from local merchants.”

Cross posted at Indisputably.org .

Israel Reflections 2019—Shared Society

Posted on Categories Marquette Law School, Political Processes & Rhetoric, Public, Religion & LawLeave a comment» on Israel Reflections 2019—Shared Society

One key focus of our trip was all of the organizations working on shared society across groups in Israel. Our day of shared society started at Sindyanna of Galilee with a Za’atar workshop. Sindyanna of Galilee is a non-profit organization that employs Arab and Jewish women who aim to create a peaceful coexistence between the two cultures. The students were able to create their own Za’atar after hearing from employees on how they strive to create peace. (This was delicious! And all available on Amazon too…)

We then headed towards Nazareth to have lunch and see The Basilica of Annunciation. When we arrived there was a service in progress in front of the Grotto of the Annunciation. For student Margaret Spring it was one of the most breathtaking experiences she has ever had in a church. “Being at one of the most sacred Christian sites in the world while a congregation was singing is something that I will never forget.”

Our next stop was Givat Haviva. Givat Haviva is dedicated to promoting mutual responsibility, civic equality and cooperation between divided groups in Israel as the foundation for building a shared future and shared society—critical elements of a sustainable and thriving Israeli democracy. While there, we visited the divided city of Barta’a.

Student Mercy De La Rosa wrote a thoughtful self-reflection that is shared in full about her experience at Givat Haviva and how that compared to her childhood in El Paso near the Mexican at the Texas border.

 

 

Walking through the rolling green lawns of Givat Haviva, it was hard not to draw comparisons to college campuses across America with laughing students stretched out on beautiful trimmed lawns. This, however, is no idyllic American campus. Instead here Muslims and Jews strive to work together bridging differences and embracing commonalities. Clearly underneath the beautiful surface there has been a lot of hard work in community building and deep difficult conversations. Armed with cookies, coffee, and a razor-sharp witted Welsh guide we trekked to the Barta’a….Driving up to the town, I never imagined what was in wait for me. Driving up Lydia shared a heartbreaking story of how she often felt like a person divided, split between friendships on what at first glance seems like diametrically opposed sides. In hindsight, that story should have prepared me for the painfully wonderful parallels that would be presented between my home city of El Paso Texas and Barta’a. As we walked through the city, I was vaguely reminded of downtown El Paso until we hit the market area where all I could see was memories of Juarez. Granted it has been at this point almost 12 years since I have been to Juarez, but to me it felt like someone had just put up Arabic signs instead of ones in Spanish. As we ascended into the mountains to better see the divide, it was like looking out from Scenic Drive where you can see the connection of the two downtowns. From that viewpoint almost seamlessly merging into one another. On closer examination you can see the border but looking at it from a distance it is more a feeling than articulable distinguishing characteristics….This small town shook me to my core, serving as a stark reminder that though we may travel far from home sometimes it is the familiar that frightens and motivates us the most.

[Cross-posted at Indisputably.]