Deconstructing Our Segregated Reality

A map of the city of Milwaukee and surrounding counties illustrating the racial segregation of residents per the 200 census.
Black residential segregation as reflected in 2000 Milwaukee Census

In his commentary on May 24, 2018, Bucks guard Sterling Brown is lucky he wasn’t killed by Milwaukee Police,” Martenzie Johnson casually observes that “Milwaukee is one of the most segregated cities in America, is one of the worst cities for black Americans, economically, the worst city for African-American children to grow up in and is home to the zip code with the highest incarceration rate in the country.”

I moved to Milwaukee in 1984 to become a Marquette Lawyer.  I took my first law school exam on my 30th birthday – Torts by Professor James Ghiardi.  In May of 1987, like every Marquette lawyer graduating before me and after me, I took the attorney’s oath.  I swore to “support the Constitution of the United States,” the one ordained and established in order to “form a more perfect Union.”  I never left Milwaukee and I am proud to say I am from Milwaukee.  Yet I am at a complete loss of words to describe how it is that we, my law school and my fellow Marquette lawyers, go about our busy daily lives virtually unconscious of living in “one of the most segregated cities in America.”  If you believe you can frame the types of questions that, if answered properly and acted on, will help us deconstruct our segregated Milwaukee, then I strongly encourage you to write and to weigh in now.

In October 2015, I was involved in a three week medical malpractice trial in Outagamie County.  Judge Mark McGinnis was presiding, who is one of the best trial judges currently on the bench.  I came home Friday to rest and prepare for the final week of trial.  A little after 1 am on October 31, 2015 the incessant ring of the telephone pulled me from a deep slumber.  The voice of a woman said, “Mr. Thomsen, we tried for 45 minutes, but we couldn’t save your son.”  My wife, Grace, sitting up asks:  “What did they say?”  “He’s gone.”  “Noooooo…” turned into a mourning howl.  It is unforgettable.  And so it is that in one instant the eye of a category 5 hurricane shreds your bed, your son’s mother, your wife, his sister, his fiancé, his daughter, his uncles, aunts, cousins, grandmothers, friends — my life and theirs too.  Judge McGinnis and defense counsel all agreed to a mistrial if I asked for one.  I returned to finish the trial.  The case had progressed and in a way that could not have been replicated.  The lawyer’s oath is a demanding one.

Yet somehow in the eye of the hurricane you can find love: the love of my son’s fiancé, of my now daughter-in-law Sydney, and my granddaughter, Sienna.  They are proudly biracial.  Sydney is considering law school.  I suggested that she become a Marquette Lawyer.  She said “no” because Milwaukee and Milwaukee County are too segregated.  The truth hurts so much.

Continue ReadingDeconstructing Our Segregated Reality

Foxconn Water Diversion Approval to be Tested in Administrative Hearing; Judicial Review to Follow?

In recent years, it has become relatively common knowledge that the Great Lakes Compact generally bans diversions of Great Lakes water outside the Great Lakes basin but offers limited exceptions. A community that straddles the basin line, or that lies within a county that straddles the basin line, may Great Lakes from spaceapply for a diversion subject to certain stringent technical conditions. I have previously written in this space that the Compact has been successful at least insofar as the party states were able to agree on and subsequently enforce a common decision-making process to consider such requests. In October 2018, Compact supporters will celebrate its 10-year anniversary.

But the Compact’s first decade has not passed without controversy, much of it centered on the diversion provisions generally and on southeastern Wisconsin in particular. In fact, during a recent conference keynote address here at the Law School’s Lubar Center, Compact expert Peter Annin noted that our area has more “diversion hotspots” than the other Compact party states combined. Consider that in 2009, the City of New Berlin (a straddling community) became the first community to successfully apply for a diversion, and in 2016, the City of Waukesha became the first community within a straddling county to successfully apply for a diversion.

Just last week, the region made Compact history for yet another reason. For the first time, opponents to an approved diversion have filed a legal action to challenge the approval in a state administrative hearing, potentially as a precursor to an appeal to Wisconsin circuit court. The proceedings to follow will provide important and novel insights on how to interpret the Compact.

Continue ReadingFoxconn Water Diversion Approval to be Tested in Administrative Hearing; Judicial Review to Follow?

The Significance of Others

Black & white photo of Flatiron Building (NY) under constructionThe concept of bringing your significant other to law school with you almost every day probably sounds frustrating to some and fantastic to others. Due to my disability and the fact that she is my primary caregiver, my fiancée Caitlin attends school with me at least three days out of the week; I am sure you have seen us around. The truth of the matter is that it is both frustrating and great having Caitlin with me, oftentimes both at the same time.

Caitlin and I have been together since I was a senior in high school. She and I started living together when I started college and by my junior year she was attending the majority of my classes with me. Going into my 1L year the plan was for her to come to school with me three days of the week, with the other two days being covered by my other caregiver, Danny. Naively, I assumed that this plan would go just as smoothly for us as it had during the last two years of my undergraduate career. Having both attended Lakeland University, Caitlin and I shared a common group of friends there and she was already familiar with the campus and faculty. Even though the social sciences were not her area of study, she tended to follow along with some of my classes. We discovered quickly that law school is (at the risk of sounding incredibly cliché) a completely different animal. 

Continue ReadingThe Significance of Others