Marquette Lawyer Magazine Looks at the Milwaukee Public Schools—and Seemingly Timeless Societal Problems, Especially Segregation (Post 2 of 3)

Judge John W. Reynolds sitting in a chairA previous blog post discussed a pair of stories in the Summer 2019 Marquette Lawyer magazine and concluded by quoting one of them: specifically, an observation by Professor David Strauss of the University of Chicago, based on the Boden Lecture at Marquette Law School by Duke’s Professor Ernest Young, that “in the end, there is only so much the law can do to save a society from its own moral failings.” This post takes up a second pair of stories in the magazine, from which one might draw the same conclusion.

While it remains a fact about the large majority of schools in the Milwaukee area now, segregation of Milwaukee school students by race was the subject of great energy—attention, advocacy, and controversy—in the 1960s and 1970s. Two pieces in this summer’s Marquette Lawyer focus on the Milwaukee education scene of that earlier era.

In one, Alan Borsuk, the Law School’s senior fellow in law and public policy, writes about the decision issued in January 1976, by U.S. District Judge John W. Reynolds, which ordered that the Milwaukee Public Schools be desegregated. “A Simple Order, a Complex Legacy” touches upon the legal history of school desegregation cases, Reynolds’ 1976 ruling itself, and the legacy of that Milwaukee ruling. To borrow a phrase from Professor Young’s Boden Lecture, there is scarcely “an optimistic, onward-and-upward feel” to the account.

Continue ReadingMarquette Lawyer Magazine Looks at the Milwaukee Public Schools—and Seemingly Timeless Societal Problems, Especially Segregation (Post 2 of 3)

Unconscious Mistake: Wisconsin Implied Consent Statute Upheld for Wrong Reasons

A man being arrested by the Chicago police department.It’s no secret that Wisconsin has long been known for having some of the most lenient drunk driving laws in the country. Throughout the spring semester I saw firsthand just how limited the consequences can be—compared to other states like my native Illinois—as first-time offenders were simply cited for ordinance violations in Milwaukee Municipal Court and not charged criminally. However, there have been efforts in recent years to crack down on drunk driving in a state famous for its beer. State legislators have passed a number of measures to deal help law enforcement, and this past week one such measure found itself before the United States Supreme Court.

In its decision in Mitchell v. Wisconsin, the Court upheld Wisconsin’s implied consent statute and ruled that states are not restricted from taking warrantless blood samples from unconscious drunk-driving suspects by the Fourth Amendment.

In 2013, Mr. Mitchell was arrested in Sheboygan Wisconsin after police, who were responding to reports of an intoxicated driver, found him drunk and disheveled at a local beach. Mitchell stated that he wound up there after he felt too drunk to drive. The officer decided not to preform sobriety tests at the scene because Mitchell’s condition would have made it unsafe to do so. Instead, a preliminary breath test was administered with a resulting BAC of 0.24. While being transported to the police station Mitchell’s condition deteriorated and he was eventually taken to the hospital. Upon arrival, Mitchell was completely unconscious. He was then read the standard Informing the Accused form and a blood sample was taken, all without him regaining consciousness. That sample indicated a BAC of 0.22. While consent to a blood draw is normally withdrawn when the Informing the Accused is read—a form that actually asks if the subject will submit to an evidentiary test—Mitchell was obviously unable to withdraw consent in his condition.

But why was Mitchell required to withdraw consent in the first place?

Continue ReadingUnconscious Mistake: Wisconsin Implied Consent Statute Upheld for Wrong Reasons

Guest Blogging is a Family Affair!

Photo of father and adult daughter standing in front of a brick wall, smiling.
Mike and Micaela Haggenjos

For the month of July, we welcome father-daughter pair Mike and Micaela Haggenjos as our alumnus and student bloggers.

Mike grew up in Prophetstown, Illiniois, attended the University of Iowa and received a B.S. degree in Political Science and Economics.  He graduated from Marquette Law in 1989.  He was in private practice until 2004 at the Port Washington, Wisconsin law firm of Ansay & Haggenjos (now O’Neill, Cannon, Hollman, DeJong & Laing, S.C.).  Mike left the practice of law to become an owner and officer of Voeller Mixers, Inc., in Port Washington, a manufacturer of equipment used to make concrete products.  Mike has been married to Ellen for 30 years and has two children, Micaela and Matthew.  Mike enjoys golf, boating and performing as the lead singer in a rock band that plays in Ozaukee and Washington County.

Micaela grew up in Port Washington, Wisconsin and received her B.A. in English Literature from the University of Wisconsin-Madison. During her time at MULS, Micaela interned with the Honorable Rebecca Bradley of the Wisconsin Supreme Court and is currently working for the firm Alan C. Olson & Associates in New Berlin. Micaela is a member of the Association of Women in Law and the Business Law Society at MULS and has volunteered for the MJC Family Law Forms Clinic and the Eviction Defense Project. Micaela and her competition partner, Brooke Erickson, were the champions of Marquette’s 2019 Jenkins Honors Moot Court Competition and won the Franz C. Eschweiler Prize for Best Brief. She looks forward to representing MULS at the National Moot Court Competition this fall and serving on the 2019-2020 Moot Court Executive Board as Associate Justice of Intramural Competitions. Micaela hopes to work in litigation and appellate practice after graduation.

We hope that this is the first of many family pairings on the Faculty Blog.

Continue ReadingGuest Blogging is a Family Affair!
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