Congratulations to the 2018 Jenkins Honors Moot Court Competition Semifinalists

Congratulations to the students in the 2018 Jenkins Honors Moot Court Competition who advanced from the quarterfinal round to the semifinal round.  These students will be competing at 1 p.m. today:

William Ruffing & Killian Commers v. Alexander Hensley & Claudia Ayala
Jehona Osmani & Emily Gaertner v. Sarita Olson & Olivia Garman

Congratulations to all the teams who competed in the quarterfinals.  We appreciated the judges coming out to hear the oralists.  Among the judges were a number of Jenkins and moot court alumni, including Natalie Schiferl, who came all the way from Minnesota to judge with her Jenkins partner, Mary Youssi.

Best of luck to the semifinalists!

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Professor Atiba Ellis to Join Marquette Law in Fall 2018

Prof Atiba Ellis Many in our community will recall Professor Atiba Ellis, who served as Boden Visiting Professor at the Law School during the fall 2017 semester.  He will return to the Law School for the fall 2018 semester—this time as professor of law and a member of the permanent faculty.  We are delighted that he will be joining us.

During his semester as the Boden visitor, Professor Ellis taught a course entitled Contemporary Issues in Civil Rights.  He also participated broadly and enthusiastically in the Law School community, including by delivering a faculty workshop, serving as a featured guest for one of Mike Gousha’s “On the Issues” sessions, and being consistently present in the common areas of Eckstein Hall for engagement with students and colleagues.

Professor Ellis joins Marquette Law School from the law school at West Virginia University, where he has been a member of the faculty since 2009.  In 2017, in addition to his semester at the Law School, he served as a Visiting Scholar at Duke University Law School.  Professor Ellis has taught courses in the areas of Election Law, Civil Rights Law, Race and the Law, Property, and Trusts and Estates.  His research and scholarship has focused on voting rights law and theory, critical legal theory, and legal history.  He is a well-established and highly regarded scholar whose work relates directly to matters of great present concern within Milwaukee and Wisconsin more generally.

Please join me in welcoming Professor Ellis (back) to Marquette University Law School.

Continue ReadingProfessor Atiba Ellis to Join Marquette Law in Fall 2018

Learned Hand: You’re Reading Him Wrong

Photo of Judge Learned HandPossibly no judge had a greater influence on copyright law in the twentieth century than Learned Hand. Nichols v. Universal Pictures and Peter Pan Fabrics are foundational cases in most textbooks; Sheldon v. MGM and Fred Fisher v. Dillingham used to be. And although he did not write the opinion, Hand was on the panel that decided Arnstein v. Porter.

Part of the reason for Hand’s enduring popularity is that he was a brilliant writer, and his aphorisms about copyright law continue to appeal to a skeptical age. In Nichols, he famously declared with respect to the distinction between uncopyrightable idea and copyrightable expression, “Nobody has ever been able to fix that boundary, and nobody ever can.” In Shipman v. RKO Pictures: “The test is necessarily vague and nothing more definite can be said about it.” In Dellar v. Samuel Goldwyn, Inc., decided per curiam but attributed to Hand: “[T]he issue of fair use … is the most troublesome in the whole law of copyright.” In Peter Pan Fabrics v. Martin Weiner Corp.: “The test for infringement of a copyright is of necessity vague…. In the case of designs, which are addressed to the aesthetic sensibilities of an observer, the test is, if possible, even more intangible.”

To modern ears, these sound like (and are often quoted as) criticisms of copyright law. A vague, ineffable test is an unworkable test, one that offers no guidance to lower courts or juries and is therefore hardly better than no test at all. But to read Hand in this way to read him anachronistically.

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