Congratulations to the 2019 Jessup Moot Court Team

Image of the head of a yak, with multi-colored horns, advertising the Jessup Moot Court Competition.
Official Logo of the 2019 Jessup Moot Court Competition

Congratulations to Jade Hall, Simone Haugen, Anne O’Meara, and Aleysha Thomas for their strong effort in the 2019 Philip C. Jessup International Moot Court Midwest Regionals in Chicago.  In its 60th year, the Jessup Competition is the world’s largest moot court competition, with participants from over 680 law schools in 100 countries.  This year’s Jessup problem involved the appropriation of traditional knowledge for commercial purposes, state responsibility for corporate environmental degradation and human rights violations, and protection of migratory species.

Attorneys and Marquette Law alumni Rene Jovel (Jessup 2014), Margaret Krei (Jessup 2013), and Alyssa Gemein (Jessup 2017), as well as Professors Ryan Scoville and Megan A. O’Brien served as team advisors.  Special thanks to Juan Amado (Jessup 2011 and former team advisor), Jared Widseth (Jessup 2014), Nathan Oesch (Jessup 2018), Courtney Roelandts (Jessup 2018), Matt Tobin (Jessup 2014), and Professor Andrea Schneider for judging oral practice rounds.

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Do primary voters strategically vote in the opposition’s primary?

Periodically political enthusiasts express concern that members of a particular political party will conspire to swing the result of the opposing party’s primary election by strategically voting for a candidate who does not express the actual will of that party’s “real” voters. This form of bad-faith strategic voting is sometimes called party raiding.

Party raiding is only feasible in states with open primaries, and fear of it is sometimes used as a argument in favor closed primary systems, which only allow registered partisans to vote in their respective primaries.

Wisconsin is an open primary state. In fact, the state’s Election Commission maintains no records of party affiliation whatsoever. Every party’s primary contests share space on a single ballot. Voters choose their preferred party in the privacy of the voting booth. No state presents fewer barriers to strategic party raiding than Wisconsin.

Nonetheless, there is no evidence that this kind of voting behavior occurs at all in Wisconsin. As I mentioned, registered voters do not have the option to formally affiliate with a party in Wisconsin. We can, however, measure party identification through public opinion data.

I pooled the results of three Marquette Law School Polls preceding the 2016 presidential preference vote and three surveys preceding the 2018 partisan primary. The combined dataset includes 3,515 likely voters. Each respondent was asked if they planned to vote in either the Republican primary, the Democratic primary, or if they didn’t plan to vote at all. We also recorded answers from respondents who insisted they would vote in “both” primaries, even though this would result in a spoiled ballot if carried out.

Respondents were also asked if they “usually think of yourself as a Republican, a Democrat, or an Independent.” Those who answered “independent” were then asked, “Do you think of yourself as closer to the Republican Party or to the Democratic Party?” We consider those who answered affirmatively as “leaning” partisans.

Here is how each partisan group planned to vote in the upcoming primary.

Stated intentions of Wisconsin primary voters by party ID, data from 2016 and 2018
partyID Republican primary Democratic primary Won’t vote Both Don’t know Refused
Rep 89 2 5 1 3 0
Lean Rep 77 4 9 1 7 1
Ind 25 16 17 3 36 4
Lean Dem 7 75 8 1 9 1
Dem 2 89 5 1 3 0

An identical share (2%) of Republicans and Democrats planned to vote in the other party’s primary. Even if this tiny share of people were indeed “party raiding,” they cancelled each other out. But there is no good evidence suggesting they weren’t voting in good faith. In the following general elections the share of self-identified Democrats or Republicans voting for a nominee of the other party exceeded 2%, so it’s quite likely that some share of self-identified Democratic voters genuinely preferred one of the Republican primary candidates and vice versa.

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Interview with PILS Fellow Kylie Kaltenberg

This year’s 26th Annual Howard B. Eisenberg Do Gooders Auction to support the Public Interest Law Society (PILS) will take place on February 15, 2019 at Marquette Law School.  Here is a link to details about the event.  Attendees may purchase tickets online and check out items that are being auctioned.  The theme this year is Game On!  The proceeds from the auction go to support scholarships for Marquette law students to engage in public interest work during the summer.   This is an interview with 2L Kylie Kaltenberg, who had a PILS Fellowship last summer.

Where did you work as a PILS Fellow?

I worked at the Legal Aid Society of Milwaukee this past summer.

What kind of work did you do there?

The Legal Aid Society of Milwaukee helps low income individuals with a variety of civil legal matters. I was able to help attorneys and clients with various landlord/tenant disputes. I was also able to see firsthand how Wisconsin law has changed regarding the protections afforded to tenants. I also worked a great deal with the Milwaukee Jail ensuring the inmates were being housed in suitable conditions. For me, to generalize all that I was able experience this past summer:  my experience was like seeing in real life the cases I had read about during my 1L year.

Continue ReadingInterview with PILS Fellow Kylie Kaltenberg