Restorative Justice Conference to Focus on Restoring Faith in Government Through Civil Discourse

Recently Sheldon Lubar, a highly respected and successful Milwaukee businessman, called upon our political leaders to return to civility. Finding that political labels are not particularly helpful, he describes his personal politics as follows:

My politics are for what is right, what makes common sense, what is decent, what will create prosperity and a good life — I am for civility. So what is civility? Webster defines civil, civility, civilization as follows:

A community of citizens. A rational and fair government.

Being polite and courteous is civil. . . . Civility is the positive and sincere consideration of others.

I believe that the founders of our great country sought to create a nation of “civility.” They sought to create a nation that elected leaders who could recognize both sides of all issues and through honest and informed debate could and would resolve differences fairly and then move ahead.

In this heavily financed election season, many are concerned with the lack of civil discourse and respectful debate in our political discussions. People disagree as to the causes of the problem and as to what is needed as solutions. On June 8th, the Marquette Law School Restorative Justice Initiative’s annual conference will present speakers who will focus on our theme for this year, “Restoring Faith in Government: Encouraging Civil Public Discourse.”

Every year we select a relevant issue to examine through a restorative justice lens by asking three critical questions: 1.) Who and what is being harmed by certain conduct? 2.) What is the nature (and the breadth and depth) of the harm? 3.) What needs to be done to work at repairing the harm? This year we chose to focus on civility in political life.

Our conference will examine whether Americans are losing faith in our ability to discuss, much less solve, our political problems. Two state senators and two former lieutenant governors will look at whether people are too discouraged to run for office or even to participate in the political process. Three nationally recognized public policy mediators will present ways to facilitate difficult but respectful discussions with people of diverse views. Speakers will talk about negative advertising and the negative blogging occurring in our print media that often looks like “recreational hostility.” Our keynote speaker, John Avlon, a senior columnist for Newsweek, will share his views on ways to heal polarization in America. We will end the conference with optimism by having a panel of enthusiastic Marquette students who have great hope for our governmental processes in the future. I believe it will be a very good day. I hope you will join us.

 

Continue ReadingRestorative Justice Conference to Focus on Restoring Faith in Government Through Civil Discourse

Milwaukee-Area Annexation Battles

This post is a response to several recent comments on the Faculty Blog concerning the importance of Milwaukee-area annexation battles in Wisconsin politics. These battles included a pronounced anti-urban bias, and that bias remains evident in present-day attacks on the City of Milwaukee and its residents in the context of gubernatorial recall election. However, the annexation battles themselves do not explain or clarify the attacks.

Historian John Gurda discusses the annexation battles on pages 336-45 in The Making of Milwaukee (1999). The battles were most pronounced from roughly 1948-62. While City of Milwaukee officials vigorously attempted to include newly developing, outlying areas in the City, leaders of these areas were often fiercely opposed. They sought to convert their rural towns into municipalities, to fight Milwaukee’s annexation efforts, and to annex unincorporated areas to their own suburbs. The suburbanites, according to Gurda, were anxious to disassociate themselves from Milwaukee’s poverty. Many of the new suburbanites “found it surprisingly easy to trade their ancestral loyalties for an attitude of outright hostility to the City.”

Today, these new suburbs are thriving.  

Continue ReadingMilwaukee-Area Annexation Battles

Missing Children

The New York Times has been abuzz of late with articles suggesting that a long-ago missing child case may have finally been solved. Thirty-three years ago, six-year-old Etan Patz disappeared while walking the 1½ blocks to his school bus stop. Acting on a tip in this now cold case, police investigators recently dug up a basement located on Etan’s route, looking for a body. They did not find one, but another tip led them to Pedro Hernandez, who has confessed to the boy’s killing, claiming he lured Etan into a bodega basement, strangled him, and put the body in a bag that he placed curbside with other trash. Mr. Hernandez has not been charged: his story is convincing, but he seems to have neither a motive nor a history of violence or pedophilia. It is well-known that some people will confess to horrible crimes that they did not commit, and indeed there have been other false “confessions” in this very case. Why is it that there is such intense interest in such an old case?

Missing child cases are undeniably tragic, and every decent citizen wants to see a world where things like this do not happen. We lawyers, though, especially those of us concerned with child protection, are charged with coming up with sensible policies to keep kids safe, and it is no easy task. Etan’s case is remembered and pursued more than three decades after his disappearance precisely because the case touched a nerve with the populace and led to policy and behavior changes both large and small. Some of these changes have been good, others are more questionable.

It is important to remember that most kids who are missing from home have not been abducted and harmed by strangers as Etan apparently was. The vast majority of missing juveniles were taken by other family members, often in conjunction with disputes over child custody after a parental divorce or separation. Other cases, especially those involving older juveniles, may involve a child running away or voluntarily leaving in the company of someone the parents consider risky or even dangerous (such as an older, drug-using friend). Reliable statistics are hard to come by, but one set of FBI statistics from the year 2000 indicated that only approximately 5% of child disappearances were likely stranger abductions or kidnappings.

Of course, even five percent is too many abducted children, and nightmare cases like Etan’s have led to prompt public notifications of missing children on radio and television, pictures of missing kids on milk cartons, and organizations devoted to helping missing kids and their families, such as the National Center for Missing and Exploited Children. These are all good changes and, indeed, most children are eventually reunited with their families largely as a result of public awareness and coordinated law enforcement efforts.

There have been other changes in individual behavior, though, that have produced more mixed results. Parents have become much more fearful in the past few decades, and more watchful parenting is only sometimes a good thing. On the one hand, it is much less likely that a child will be abducted by a malevolent stranger if said child never leaves the house unattended by mom or dad. On the other hand, these same children will get less fresh air, exercise and peer social interaction than did children of prior times. While my similarly middle-aged friends and I remember walking home from school and riding bikes far and wide when we were kids, few parents today accord those privileges to their own offspring. If parents are at work during their children’s after school hours, kids either go to structured programs or remain at home doing homework, watching TV and playing video games. This introduces dangers of a different sort. Sedentary lifestyles and excessive screen time may be related to increasing rates of childhood obesity and its attendant health problems. Indeed, recent news reports have also discussed higher rates of diabetes in children and adolescents, a trend almost certainly due in part to changes in diet and exercise patterns among kids. It seems we have exchanged one dire risk for another.

Ultimately, we need to face the fact that there are oh-so-many things from which children need protection, and that neither laws nor individual parents can infallibly guarantee child safety in our dangerous world. It is hard being a parent, hard being a child, and impossible to come up with perfect child protection strategies. But of course, it is important that we all keep trying.

Continue ReadingMissing Children