Low Profile Cases Show Supreme Court at Its Best, Justice Kagan Tells Students

Look to United States Supreme Court cases that don’t make front-page news if you want to see the workings and qualities of the court at its best, Justice Elena Kagan suggested in a session with more than 225 Marquette Law School students Tuesday.

Asked by a student to provide reasons to have faith in a divided court that often votes predictably, Kagan said, “I think you should have that faith.” She called the court “an inspiring institution” whose members struggle conscientiously with difficult issues.

Kagan, who joined the court in 2010, visited the Law School to take part in judging the annual Jenkins Honors Moot Court Competition for students. She also took part in an “On the Issues with Mike Gousha” conversation for an hour, answering questions from Gousha, the Law School’s distinguished fellow in law and public policy, and from students.

Kagan, of course, did not discuss pending matters before the Court, but, in a wide-ranging and informal conversation, she discussed the way the Court works, her perspective as a woman lawyer, her personal background, and other matters.

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JAG Corps Work Can Be on the Battlefield as Well as in the Courtroom, Houck Says

What is the United States Navy looking for in the lawyers it selects for the Judge Advocate General’s Corps? Not surprisingly, Vice Admiral James W. Houck, Judge Advocate General for the Navy, answered, “We’re looking for good lawyers.” But, he added, a few other qualities are important: Being a good team player and being willing to take on difficult assignments, sometimes in difficult places.

Houck described the work of the JAG Corps and his own career at an “On the Issues” session Thursday with Mike Gousha, distinguished fellow in law and public policy at Marquette University Law School.

JAG Corps positions have become highly sought, especially in today’s difficult job market for lawyers, Houck said. He described the corps as “a world-wide law firm” with 2,300 employees. The initial commitment of a lawyer joined the corps is for four years, but more than 90% seek to serve longer. And “people stand in line” for assignments in a place such as Afghanistan, Houck said.

He said the JAG Corps has had a good association with Marquette and there have been at least seven Law School grads in the corps in recent years.

The role of lawyers in the Navy is far broader than many people realize. Members of the JAG Corps work both as prosecutors and as defense lawyers in military judicial proceedings and they provide legal help to members of the Navy and their families. But, Houck said, they are also involved in combat issues that put them on the frontlines of combat. Those issues can include advising commanders on what is a legally valid target or an acceptable risk of collateral damage. “Lawyers are integrated in ways people would never imagine,” Houck said.

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Moot Court at Marquette

Moot court in 2012 certainly isn’t quite the same as it was for those of us in the Class of 1977. Indeed, moot court is as advanced and spectacularly nouveau as is Marquette Law’s remarkable new edifice: Eckstein Hall.

After five spinal fusion surgeries and two years in the Heart Transplant Program at the University of Miami Hospitals, I returned to MULS during late October 2011 to reconnect with my law school alma mater.

Dean Matt Parlow invited me to help Professor Melissa Greipp by using my 30 years of experience in appellate matters to coach MULS students in the national moot court teams. Professor Greipp welcomed me warmly, and this has been a most rewarding experience.

The positive, numerous expansions of the Marquette moot court program in 2012 are impressive. Permit me to compare briefly my experience in 1977 to the most recent 2012 Spong and Jenkins Honors Moot Court competitions.

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