That’s the Way It Was — and Is

When I was studying journalism at UW-Madison, we would sometimes end our day at Vilas Hall by grabbing a cold one at a nearby tavern on University Avenue. Bob and Gene’s is no longer there, but a particular memory remains. One of the television sets at the bar was tuned each night to the CBS Evening News, and when anchorman Walter Cronkite came on the air, the place got quiet and remained that way until Cronkite’s signature standoff: “and that’s the way it is.” On the heels of Watergate and a long war that threatened to tear the nation apart, there was a sense that we had witnessed history.

We witnessed history again in Wisconsin last year, and this time it threatened to tear the state apart. One year ago—June 5—Wisconsin went to the polls in the recall election for Governor. The protests of 2011 had been replaced by a political movement aimed at ousting Governor Scott Walker from office. It was an election that divided not just Republicans and Democrats, but friends and families, some of whom simply stopped talking about politics rather than run the risk of a nasty argument. Bitter and contentious, there was little middle ground. In the waning days of the race between Governor Scott Walker and Milwaukee Mayor Tom Barrett (a rematch of 2010), the Law School found itself in the middle of the fray. We released our final Marquette Law School Poll of the election cycle, showing Governor Walker leading by seven points (ultimately, his margin of victory). The Law School also played host to the final debate of the campaign. As I moderated the event, I was struck not only by the sharpness of the exchanges between Barrett and Walker, but how the evening had a certain rhythm to it, each candidate giving as good as he got. The two men knew each other well. They had done this several times before, and their familiarity along with their fundamentally different visions for the state produced an hour of compelling conversation. But I also remember the overwhelming silence in a packed Eckstein Hall when both Barrett and Walker would briefly pause to collect their thoughts. Intense doesn’t begin to describe it.

When Election Day was over, Scott Walker had won. Again. And life went on in Wisconsin. So what has happened in the year since the historic recall? In some ways, the debate seems remarkably familiar. We’re still arguing over jobs numbers and the performance of the state’s economy. According to our latest Law School poll, the Governor’s job approval rating remains about the same, slightly more positive than negative. But one fact is beyond dispute: Wisconsin continues to undergo a rapid and fundamental transformation, one that could change its future course for not only years, but decades. With Republicans in control in Madison, the state is quickly moving away from its progressive past, plotting a future built on a philosophy of lower taxes, less government assistance, fewer regulations, and more school choice. Election laws are also likely to change in ways that could benefit Republican candidates. For now, Democrats can do little but watch and wait for 2014, the next major election cycle. And yet, in many respects, Wisconsin is still a purple state, neither red nor blue, as evidenced by the victories of Democrats Barack Obama and Tammy Baldwin in November.

About 18 months ago, Businessweek referred to us as the “republic of political unhappiness.” We may not be in the primal scream stage anymore. But our deep divisions remain, and it’s still probably not a good idea to talk politics at a family picnic. That’s the way it is in Wisconsin, one year after the recall.

 

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A Call to All Law Students: Enhancing the National Conversation

Adams & Jefferson

“I consider you and [Jefferson] as the North and South Poles of the American Revolution. Some talked, some rewrote, and some fought to promote and establish it, but you and Mr. Jefferson thought for us all.”

—Benjamin Rush to John Adams, February 17, 1812

Every law student has a responsibly to enhance the American Conversation—the eternal dialogue that is the American experiment. While it would be conceited and with reproach that I suggest we think like Messrs. Adams and Jefferson, we should, however, seek to become more thoughtful and attempt to engage in lively, educated discourse. Our national dialogue has increasingly been filled with a self-destructive, dysfunctional, do-nothing mentality that lacks reasoned thought. This trend is at best unproductive—at worst, destructive—to the American Conversation. As law students, we have the skills and responsibility to change this trend.

It is quite gratifying to obtain a deep understanding of a topic and then learn that you lacked a full appreciation for some of the more nuanced issues within that particular topic. Part of the legal learning process encapsulates this type of learning, where you learn a new approach or different perspective and it can—and should—be learned outside the classroom. It should go without saying that one the best places to learn is outside the classroom. But as law students, in the ultra-competitive school environment, we tend to focus on grades (and the job hunt) and lose focus of the big picture—developing the skills necessary to fulfill our duty to serve the public. As such, we would do well to be reminded of the importance of using the skills we have learned outside the classroom. While Dean Kearney reminds us to continue learning outside the classroom (e.g., in the many guest lectures, at On The Issues, and during social and award events at the Law School), the one place for learning that should continually reside in a predominant place in our minds is the Zilber Forum, a social area for discussion and contemplation. The Zilber Forum, or the idea of the Forum, does not and should not stay within the confines of the four walls (although the shape of the building may suggest three). This idea is already bursting at the seams of Eckstein Hall and with a little help from students will reach the community around us.

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Clinton, Ryan Do Well in Opening Round of 2016 Presidential Polling for Wisconsin

Is it 2016 yet? No, but daily news reports and, even more so, any glimpse into political maneuvering nationwide clearly show that a lot of work is already going into laying groundwork for the next race for president. Marquette Law School Poll results released Tuesday join in the early going, showing that former Secretary of State Hillary Clinton is at a strong advantage in Wisconsin among potential Democratic candidates, while the Republican field is pretty wide open. That said, Wisconsin Rep. Paul Ryan drew the most support among Republicans in Wisconsin.

Charles Franklin, director of the poll and newly-named professor of law and public policy at the Law School, said the purpose of the presidential questions at this point wasn’t to try to predict what will happen in 2016 in Wisconsin. Rather, he said, it is to begin building a picture of how the race will evolve.

That said, the poll found that 27% of those who said they were Republican or lean Republican named Ryan as their preferred candidate. Florida Sen. Marco Rubio was the choice of 21%, Wisconsin Gov. Scott Walker drew 16%, and New Jersey Gov. Chris Christie was picked by 11%. Those under 10% included Kentucky Sen. Rand Paul (7%); former Florida Gov. Jeb Bush (5%); and Louisiana Gov. Bobby Jindal (1%).

Clinton was the preference of 62% of Democrats and those who said they lean Democratic. Vice President Joe Biden was the choice of 13%. Drawing less than 10% were Massachusetts Sen. Elizabeth Warren (5%); New York Gov. Andrew Cuomo (4%); Massachusetts Gov. Deval Patrick (2%); Maryland Gov. Martin O’Malley (1%); and Virginia Sen. Mark Warner (1%).

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