George McGovern Was Once a Marquette University Professor

George McGovern, a long time Congressman and Senator from South Dakota and the 1972 Democrat Presidential candidate, was briefly a member of the Marquette University faculty.

In the spring of 1996, McGovern held the Allis Chalmers Chair in History at Marquette University. In that capacity, he taught a course on the History of American Foreign Relations.

McGovern’s long service in Congress was not his only credential for such a position. After serving as a bomber pilot during World War II, he graduated from Dakota Wesleyan College in his native South Dakota, and later earned a PhD in American History from Northwestern University. Even before completing his PhD, he returned to Dakota Wesleyan as a professor of History and Political Science. He remained at Dakota Wesleyan until 1956 when he was elected to Congress from South Dakota’s First District.

Prof. McGovern’s course was quite popular with Marquette students, and his lectures were delivered in the auditorium in Cudahy Hall. In addition to the regularly enrolled students, the audience for the lectures always included a large number of “auditors” from across the university. In my first year on the law school faculty, I attended many of these lectures.

One of the best parts of the class was McGovern’s willingness to remain after his lecture and answer questions from the audience. As I recall, most of the questions came from the auditors, many of whom also expressed their appreciation to the Senator for his heroic stand against the Vietnam War more than two decades earlier. Many of those, like me, had cast their first vote in a presidential election in 1972.

Sen. McGovern passed away on October 21, at the age of 90. In 1972, the outspoken opponent of the Vietnam War lost the presidential election to incumbent Richard Nixon who prevailed in the Electoral College by a vote of 520-17. After the election, he continued to represent South Dakota in the United States Senate until 1981.

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My Father’s Recommendations

When I was an undergrad in the UW Milwaukee film program my father recommended I see four movies. He hoped they would encourage me to pursue a career in law, which I was generally opposed to, not really knowing any lawyers well and aware that just about everyone hates lawyers. I think he wanted me to see that attorneys can, at times, play a role in society more useful than that of the punch line to a joke.

Similar to Hemingway’s list of books that he “would rather read again for the first time . . . than have an assured income of a million dollars a year,” these titles, for me, have served as guiding lights, models of what practicing the law can be:

1. Inherit the Wind (1960) – A Hollywood dramatization of the Scopes trial that occurred in Tennessee in 1925 over the teaching of evolution in schools, you have to stomach some quaint plot exposition to get to the engaging courtroom scenes. A favorite is the defense’s questioning of a young boy who had been exposed to the science teacher’s course. He asks the young man: “What Mr. Cares told you, did it hurt your baseball game any? Affect your pitching arm any?” This simple line of questioning goes a long way in conveying the frivolousness of the charge. The ending is satisfactorily honest, deviating from the Hollywood formula and staying true to the real case, in that the defense loses.

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Seventh Circuit Affirms Life Sentence Notwithstanding Supreme Court’s Recent Eighth Amendment Decisions

From the time of its decision in Harmelin v. Michigan (1991), affirming a mandatory sentence of life without parole for a drug trafficking offense, through its decision in Ewing v. California (2003), affirming a de facto life sentence for shoplifting, the Supreme Court showed little interest in using the Eighth Amendment Cruel and Unusual Punishments Clause as a basis to limit the length of prison sentences.  More recently, however, the Court has begun to extend the principles it developed to regulate capital sentencing into the noncapital realm.  First, in Graham v. Florida (2010), the Court banned life without parole for juveniles not convicted of homicide.  Then, in Miller v. Alabama (2012), the Court banned the use of mandatory “LWOP” sentences for all juveniles — even those convicted of homicide.

The Court’s trajectory seems to threaten Harmelin.  Even if the logic of Graham permits LWOP for drug trafficking, the logic of Miller arguably requires a consideration of mitigating circumstances before the sentence can be imposed — prohibits, in other words, LWOP as a statutory minimum for a drug offense.

While the Supreme Court might eventually reach this destination, the Seventh Circuit has decided not to try to get there first.  

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