Roger Fisher, R.I.P.

Roger Fisher, Harvard Law Professor and author of the best-selling book Getting to Yes, passed away at the end of August, and I have been struggling to put into words how I feel. Roger was my first mentor in academia, and it was he who inspired me to teach negotiation. I was his research assistant during my second and third years of law school (1990-1992); served as a teaching assistant for his Negotiation Workshop, as well as a class entitled Coping with International Conflict; and ended up co-authoring two books with him based on the class, the textbook Coping with International Conflict and the mass-market Beyond Machiavelli.

For those of us who knew him personally, he was an inspiration. I still remember the first time that I met him — as a second-year law student after I had been hired to be his RA by the previous RA and having not met him personally beforehand. He was almost a foot taller than me — this very imposing, properly dressed professor, who peered over his glasses and in a very refined East Coast accent pronounced: “So I understand that you are to be my research assistant.” “Yes,” I stammered, wondering how I would be able to get along with someone so daunting. In fact, that was the only and last time that I felt intimidated by him.

Roger was so welcoming, his smile so sincere, that even when you disagreed with him (as I did on occasion), you wanted to continue the conversation.  

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Federal Criminal Cases, 1928-1930: Surprisingly Similar to Today, But Also Very Different

In anticipation of the conference here next month on the Wickersham Commission, I’ve been reviewing the thirteen voluminous reports the Commission issued in 1931 on various aspects of the criminal-justice system.  One that holds some interesting surprises is the “Progress Report on the Study of the Federal Courts.”  The heart of this report is a fascinating, detailed statistical analysis of the criminal cases in the District of Connecticut for fiscal years 1928-1930.

One thing that strikes me as remarkable is the almost complete absence of trials — the system was dominated then, as now, by guilty pleas.  Old-timers today will sometimes tell you about a golden age of trials in the federal system in the 1970′s.  In that decade, guilty plea rates hovered between 77% and 82%.  After 1981, the rate climbed steadily, reaching more than 96% of adjudicated cases in 2009.  But this, apparently, is not a new phenomenon.  Among 740 criminal cases filed in the District of Connecticut between 1928 and 1931, only nine went to trial.  That’s right, only nine trials in three years, or 1.5 criminal trials per judge per year.  (Eight of these trials, by the way, took less than one full day to try.)  The guilty plea rate in adjudicated cases was over 98%.

After doing some digging for national data, I discovered that the guilty plea rate rose steadily between 1916 and 1933, reaching a peak of 91%.  (See Ron Wright’s helpful data compilation here.)  So, Connecticut seems not to have been terribly atypical.

The Connecticut data are, in fact, quite reminiscent of a modern“fast-track” plea-bargaining system.  

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Wisconsin Access to Justice Commission Hearing: Student Perspective

Makda Fessahaye is a 2L student who has been working on research for the Access to Justice Commission.  Below she shares her thoughts about why a student might want to attend the Access to Justice hearing on September 13.

Cura Personalis. Marquette University Law School encourages us, as students, to follow the Jesuit educational principle, to care for the whole person, throughout our legal education, in the hopes that we embed this value into our legal careers. Through the expansive pro bono opportunities offered through Marquette, we have several chances to work with populations in great need of legal assistance. However, our calling to aid these populations does not disappear upon graduation; the need for legal assistance continues to grow. To properly demonstrate cura personalis in our legal careers, it is necessary to recognize the daily hardships our communities face and the legal issues that follow. Our Wisconsin low-income residents find difficulty with the limited and lack of access to justice to properly address the legal issues they encounter.

On Thursday, September 13, 2012, the Wisconsin Access to Justice Commission holds a public hearing at Marquette University Law School from 5:00pm to 7:30pm. At this hearing, we will have the opportunity to hear from our community leaders, judges, policy makers, and lawyers to share information about access to justice and the growing needs of low-income individuals. After hearing these testimonies, we hope to expand our knowledge, combine our efforts and properly address the lack of legal access available to our low-income population. 

Whether you are interested in going into the public sector or the corporate route, I strongly encourage you to attend this public hearing to better understand the community in which you are to serve. As future lawyers, we should acknowledge the issues that face several of our residents. Finally, as Marquette law students, we must identify with the whole issue, the whole community, and most of all, the whole person.

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