Public – Page 581 – Marquette University Law School Faculty Blog

The Problem with Wisconsin’s Parental Power of Attorney Law

Post author:Marissa Iancu
Post published:March 15, 2012
Post category:Family Law Public

Late last year, the Wisconsin legislature passed Wisconsin Statute section 48.979, which allows parents to delegate their parental rights to third parties by simply filling out a “Parental Power of Attorney” (PPOA) form.

Section 48.979 essentially allows parents with legal custody of their children to designate any third-party adult with nearly full decision-making power over a child’s life. What troubles me about this new law is that it does not allow for any oversight.

Section 48.979 requires absolutely no court or child protective services approval for PPOAs. I would imagine that some parents who might use a PPOA are people who have some difficulties in their own lives and, in turn, in raising their children. There is a long-standing Constitutional presumption that parents know what is in the best interest of their children and will act accordingly. Should we take that Constitutional presumption to mean that parents who might not be able to adequately care for their children should have the power to decide with whom their children should be placed and who should make decisions about their lives?

In Praise of Flip-Floppers (Part II)

Post author:Ryan Scoville
Post published:March 13, 2012
Post category:Political Processes & Rhetoric Public

In my last post I scrutinized the tendency for contemporary political discourse to use the pejorative term “flip-flop” to refer to virtually any change of position by a candidate for public office. I argued that this usage uncritically discounts the possibility that some position changes are not only entirely justified, but should, if anything, improve our perception of a candidate, and that the likely effects are excessive cynicism and an exaggerated sense of the value of consistency. In this post, I want to add one more argument to the critique: contemporary usage is also problematic because it tends to attack position changes without regard for the public office the candidate seeks, and thus fails to appreciate how the particular constitutional function of the office might make a candidate’s shifts more or less problematic.

NAACP Leader: Photo ID Lawsuit Carries on 140 Years of Voting Rights Struggles

Post author:Alan J. Borsuk
Post published:March 11, 2012
Post category:Civil Rights Marquette Law School Milwaukee Poverty & Law Public Race & Law Speakers at Marquette

With its challenge to Wisconsin’s voter ID law, the NAACP is carrying on a struggle for voting rights that dates back to the post-Civil War era, James Hall, president of the Milwaukee branch of the NAACP, told the Law School’s Mike Gousha and an audience of more than 100 during an “On the Issues” session last week.

Hall, president of the organization since January 2011, emphasized the importance of voting and the long history in America of disenfranchising minorities and low income people by use of rules about voting. “There is so much repeating history,” he said.

The NAACP suit against the law, passed by the Wisconsin legislature in 2011 and requiring people to present an acceptable form of photo identification at the polls, led to a Dane County judge putting a halt to enforcement of the law through a temporary injunction a week ago. More legal action in that suit and other challenges to the law is expected in advance of the statewide election on April 3.

Hall, a practicing lawyer whose NAACP position is unpaid, said there were fewer than 20 prosecutions for voter fraud in Wisconsin in recent years. “Why, all of a sudden, this move to require a photo ID?” Hall said. “Certain types of people don’t have that.” Many of them are African American, he said. “In fact, it is a disenfranchisement law.”

The law was supported generally by Republicans and opposed by Democrats. Supporters said it was a sensible way to reduce chances of voter fraud, while opponents said its practical effect would be to put up barriers to voting for many low income people who don’t have drivers licenses.

Hall told Gousha that the civil rights organization, founded in 1909, remains very relevant. “across the country and particularly here in Milwaukee.” He said the city has some of the largest disparities in the country between African Americans and whites when it comes to income, employment, incarceration, and educational achievement.

Milwaukee and its leaders have not responded with the intensity that is needed to deal with the problems facing many black people in Milwaukee, Hall said. He said, “No, there is not the sense of urgency we would like.” He said the NAACP wants to work together with people from throughout the Milwaukee area in solving problems. “It is in our enlightened self-interest to address these disparities,” he said.

The Eckstein Hall session may be viewed by clicking here.