The Marquette Volunteer Legal Clinic(s)—A True Legal Community Effort

Marquette Law SchoolThe spirit and ideals underlying Marquette Law School’s embrace of pro bono work are timeless—part of our Catholic, Jesuit heritage and mission and reflecting the best traditions of the legal profession. Yet there are some key dates in our history, and, without doubt, one of them is from just more than 20 years ago.

Specifically, in 2001, a group of individuals began the Marquette Volunteer Legal Clinic (MVLC). Julie Darnieder, L’78, alluded to this background in a blog post a number of years later, and I remain grateful to all of the individuals involved in launching the initiative.

My purpose here is not to recount the story but rather—on the cusp of the ABA’s National Celebration of Pro Bono week—first to note the continuing prominence of the MVLC in our now much-expanded pro bono work. Indeed, Angela F. Schultz, assistant dean for public service, has taught me to refer to the MVLCs (plural). For we now offer the following locations (and times):

Permit me to emphasize, second, that we are dependent on—and grateful to—the many lawyers in this community who enable us to operate the MVLCs. After all, our students, who are there with them, do not yet have law licenses.

The lawyers volunteering each day come from a range of practices, law schools, and experiences. Some volunteers have had long careers—Herb Bratt, retired from full-time law practice but a frequent volunteer, graduated from Yale Law School in 1956. Others are newer to the practice: Jordan Jozwik, an associate at Reinhart Boerner Van Deuren, graduated from Marquette Law School in May 2022. Within weeks, she had done her first MVLC shift—as an attorney (she volunteered often as a law student).

Remarkably, of the 230 lawyer volunteers in the past year, exactly 115 were Marquette lawyers, while the other half graduated from other law schools. The latter group would form a long list, including the law schools at universities such as Cornell, Creighton, Duke, Emory, Georgetown, Harvard, Indiana, Iowa, Michigan, Northwestern, Tulsa, Vermont, William Mitchell, and Wisconsin (Madison).

We recently surveyed all these lawyers about their “reasons for engaging in pro bono with the Marquette Volunteer Legal Clinics.” Simply stated here, it is evident that all of them regard it as a privilege to serve the MVLC clients (in the brief-legal-advice format of the clinic) and to help develop the knowledge, skills, and values of our students.

Indeed, a prevailing theme is that the practicing lawyers regard themselves as getting more than they are giving from the experience. From the Marquette Law School end, truly, we could not operate the MVLCs without the many civic-minded lawyers in this area who already know, from their volunteering, “how great this is” (in the words of one respondent to the recent survey).

Kudos—and thank you—to all our attorney volunteers. To learn how to join with them—and with our students—by volunteering with the Marquette Volunteer Legal Clinics, visit our website.

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The Healing Impact of Restorative Justice

RJI ConferenceOn October 11, 2022, the Marquette Law Andrew Center for Restorative Justice held a public conversation with Mary Kay Balchunas, a mother whose son, a police officer, was murdered in 2004. Professor Janine Geske focused on the positive impact restorative justice can have for surviving victims. She asked Mary Kay to introduce her son to the audience and describe what happened to him. Mary Kay’s son, Jay, was covering an undercover shift for a colleague. Jay stopped to get a cup of coffee before starting his shift around 3 a.m. when two boys came up to him, intending to rob him. Anthony Bolden, stood behind Jay while Dionne Renolds stood in front of Jay, pointing a gun towards him. Anthony Bolden went to search Jay for his wallet and felt Jay’s gun. Immediately Anthony alerted his accomplice. At that point, Dionne shot Jay, which resulted in Jay’s death. Jay’s bullet proof vest, which he promised his mother he would always wear on duty, was sitting in the front seat of his undercover car. His vest was still on Jay’s front seat as his shift had not started.

During the conversation, Mary Kay reflected on her son’s funeral, at which she talked to those present (many police officers) about the importance of forgiveness for the boys who were involved. She also shared the emotions she felt during the trials of the boys who took her son’s life. She recalled experiencing empathy towards the boys. Members of their families generally failed to show up or support them during the criminal court proceedings. One of the boy’s mothers was subpoenaed to testify but showed up late. When she eventually testified, her testimony only hurt her son’s case. In addition, Mary Kay recalls hearing how Dionne never knew his dad, how his brother is also in prison for murder, and how his mother has no photos of either of her sons.

Jay had always encouraged his mother to go back to school and obtain her Ph.D. About a year after Jay’s death, Mary Kay went back to Cardinal Stritch University to obtain her Ph.D. by focusing her dissertation on violent crimes. During the time Mary Kay was working towards her Ph.D., she felt the need to visit Green Bay Correctional Institution, the prison where Anthony Bolden was serving his sentence for taking Jay’s life. Mary Kay met Janine Geske and attended a three-day restorative justice program at Green Bay. Mary Kay also wrote Anthony Bolden a letter and received a lengthy response. While Anthony Bolden maintains his innocence and denies his involvement with Jay’s death, Anthony expressed his empathy towards Mary Kay.

Marquette University Law School’s Andrew Center for Restorative Justice was established in December 2021. The Andrew Center’s focus is to provide support for victims and communities in the process of healing from the effects of crime. The motivation for the center is the overwhelming positive impacts restorative justice has. The center’s future is promising, as Janine P. Geske wants to develop a relationship with the Milwaukee Police Department to provide officers with training on restorative justice. In addition, Marquette Law students will be placed in the community to conduct restorative justice circles. Finally, on March 9-10 there will be a restorative justice conference focusing on the substantial restorative practices of Native Americans and Indigenous persons.

Written by Janine P. Geske, Distinguished Professor of Law and Director of the Andrew Center for Restorative Justice and Madison Bedder, 3L, Andrew Center Research Assistant.

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Alan Latman and the Modern Fair Use Doctrine

The AWF oral argument was yesterday morning — here’s SCOTUSBlog’s recap — but I’ll save my thoughts on it for later. At the end of my last post, I had reached the 1950s. At that time, the term “fair use” was being used in a desultory way to refer to all instances of noninfringement, whether due to limitations on the scope of copyright or some sort of exception. As Arthur Weil put it, “‘fair use’ simply means a use which is legally permissive.”

That was where things stood when the Copyright Office, in 1955, began to conduct a series of studies to pave the way for a thorough-going revision of the 1909 Copyright Act. The 1909 Act contained no reference to fair use at all; the doctrine was entirely a judicial creation. So one question was whether a new, revised copyright act should take official notice of fair use, and if so, what it should say.

The “fair use” study was assigned to a young attorney, Alan Latman, then a rising star in the copyright field. Latman’s report was one of the key founding documents for what eventually became Section 107 of the 1976 Copyright Act, the fair use statute that we have today, and has been cited repeatedly by the Supreme Court in its attempts to divine the contours of fair use.

In his report, Latman immediately identified a significant problem with “fair use”: what courts were referring to as a single concept was in fact two different things.

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