New Marquette Lawyer Magazine Goes Deep in Looking at Crime and Society

Slogans are appropriate, even useful, for rallies or marches. In-depth thought is what should be expected from law schools. The Fall 2020 issue of Marquette Lawyer magazine offers a weighty serving of the latter, while examining implications of the former.

With the overall title of “The Crime and Society Issue,” the new magazine’s cover package features three pieces focusing on assessing and potentially improving the criminal justice system, from the time of an arrest through the charging and court processes, and ways of sanctioning people who commit crimes. Each piece features expertise and insight presented at Eckstein Hall events by scholars from coast to coast.

The lead story starts with some of the controversial ideas heard during 2020, such as “defund the police,” and explores ways the justice system could be improved when it comes to the overall safety and stability of urban communities. “The Case for Careful but Big Change” focuses in large part on the ideas of Paul Butler, the Albert Brick Professor in Law at Georgetown University, particularly as he presented them in Marquette Law School’s annual Boden Lecture and in an “On the Issues with Mike Gousha” program (last academic year, before the COVID-19 pandemic halted in-person programs at Eckstein Hall).

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“Are You a Foreign Exchange Student?” and Other Microaggressions in the Legal Clinic

word cloud of words related to microaggressionsLast year, I watched as a law student was introduced to a lawyer volunteering at the legal clinic. The lawyer was a white man in his 60s. The student was a woman of color in her 20s, and she was wearing hijab. I happen to know that both people have hearts of gold and come to the legal clinic with a desire to help and to give their time and talents selflessly.

Nonetheless, upon being introduced, the lawyer’s first words to the law student were: “It’s nice to meet you. Are you a foreign exchange student?” The student looked confused and embarrassed as she replied, “No. I grew up here in Milwaukee.”

A similar incident happened recently when a white lawyer asked a student of color where he was born and whether he had voting privileges. Again, the student in question replied that he was born and raised in the United States.

Yet another time, a white lawyer sat down at a table with a student of color: “What can we help you with at the clinic today?” The underlying assumption was that the student must be a client.

I also remember a moment when a white lawyer worked with a Latinx student for an entire shift and remarked at the end, “You are so articulate.” Why would this be mentionable? This is a student who has a college degree, has been admitted to law school, and will have a law degree in a few years.

The same comments would not have been made to white students volunteering in the clinic.

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Personal and Moving Paths to Healing Are Highlighted at Restorative Justice Conference

“Making It Personal” – that was the name of Marquette Law School’s Restorative Justice 2020 Conference. But this is a time when, like almost everywhere else, no programs are being done in person at the Law School. And making things personal on a computer screen is a challenge.

So how personal were the four sessions of the conference? Very.

At the center of four moving, thoughtful, and intimate sessions, posted in the Law School’s web page during the week of Nov. 9 through 12, was Janine Geske, distinguished professor of law (retired) and long-time head of Marquette Law School’s Restorative Justice Initiative.

She was joined in two sessions by the Rev. Daniel Griffith of Our Lady of Lourdes Catholic Church in Minneapolis, who is the Wenger Family Fellow of Law, St. Thomas School of Law, and Liaison to Restorative Justice and Healing, Archdiocese of St. Paul and Minneapolis, a leader of restorative efforts in Minnesota and beyond.

In a third session, three past participants in restorative justice conferences described their own paths from being among those who have been harmed or who did harm to being among the helpers and healers for other people who have been harmed.

The focus overall was both the power and the process of restorative justice circles, the sessions that include people who have been harmed, those who have harmed them, and others who have been impacted by harmful episodes. The people in circles share personal experiences and thoughts on how they were impacted by situations in which harm occurred. They listen intently to each other, speaking only when they are holding “a talking piece,” an object that is passed around as a way of maintaining respect for each person.

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