An Interview with Professor Gordon Hylton

[Editor’s Note: This blog is the first in a series of interviews with faculty and staff at the Law School.] 

Professor Gordon Hylton is a graduate of Oberlin College, where he majored in History and English Literature. He holds a J.D. and M.A. in History from the University of Virginia and a Ph.D. in the History of American Civilization from Harvard University. Following law school, he clerked for Justice Albertis S. Harrison and Chief Justice Lawrence I’Anson of the Virginia Supreme Court and worked for the Massachusetts Commission Against Discrimination. He joined the Marquette faculty in 1995, after teaching at IIT Chicago Kent College of Law and Washington University. He has also taught as a visiting professor at Washington and Lee University and the University of Virginia and served as a Fulbright Lecturer in Law in Ukraine. His current research interests are in the history of the legal profession, constitutional history, and the legal history of American sports.

Question: What motivated you to pursue a law degree and ultimately teach law?

When I was a senior in college, my plan was to go to graduate school in history. However, the job market for historians was supposedly terrible, and I was intrigued by the idea of being a lawyer, even though there had never been a lawyer in my family. I ended up splitting the difference by enrolling in a joint law and history program at the University of Virginia, in my home state.

After three years at UVA, I had completed my law degree and the coursework for a master’s degree in history. At that point, I accepted a clerkship with the Virginia Supreme Court, and while clerking, I finished my master’s thesis. During that year, I decided that I wanted to be a history professor rather than a lawyer, so I enrolled in the History of American Civilization program at Harvard to work on a Ph.D. Although I planned to concentrate on American legal history as my major field, I felt I was leaving law for a career as a history professor.

However, while in graduate school, I decided that what I really wanted to do was to teach in a law school. I took a course called “Preparing for Law Teaching” at Harvard Law School, and after teaching for a year as an Instructor in the Harvard History Department, I entered law teaching at Chicago-Kent.

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Tebowing and the Constitution

Much has been made of Broncos quarterback Tim Tebow’s outward expressions of his Christian faith, especially his practice of kneeling in moments of prayer—“Tebowing” as it is now called—after touchdowns, some of them admittedly a bit miraculous.

A recent issue of Time magazine, for example, included an article on Mr. Tebow, his faith, and the Tebowing phenomenon, with pictures of people in different locations “Tebowing Round the World.” Fox Sports’ website similarly offers a gallery of athletes and celebrities Tebowing in various settings. And last month, the Wall Street Journal ran an article entitled “Tim Tebow: God’s Quarterback,” observing that his “combination of candid piety and improbable success on the field has made Mr. Tebow the most-discussed phenomenon of the National Football League season.”

So, what is the possible relationship between Tebow-like conduct and the Constitution?

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Amid Differences, a Call to Work Together to Improve Mental Health Treatment

It wasn’t part of her prepared remarks, but Prof. Lucinda Roy of Virginia Tech University may have offered an especially important point as she began her keynote address at a conference Wednesday at Eckstein Hall on mental illness commitment laws and other issues related to mental illness.

It had been an intense, and at times tense, morning before a full house of more than 200 in the Appellate Courtroom. Meg Kissinger, a reporter for the Milwaukee Journal Sentinel, described “Imminent Danger,” the large project she authored which ran in the newspaper in recent weeks. It described how a revolution in American mental commitment laws, which began with a federal court ruling in a case involving a West Allis woman in 1972, had led to far more people with mental illnesses living outside of mental institutions. Some of them refuse treatment and a few have committed violent acts.

Kissinger and the newspaper had been strongly criticized by some members of the audience who thought the series was sensationalistic and left people with a harmful and wrong image of those with mental illnesses as dangerous. One speaker, Tom Zander, a psychologist, lawyer, and long-time prominent advocate for alternatives to mental commitment, had sharply attacked the series as based on what he regarded as false premises, including the notion that the West Allis case had led to specific horrible crimes. (Zander is an adjunct professor at Marquette University Law School.)

Throughout the morning, which included presentations by experts and by family members of people who had long-term mental illnesses, the difficulties of dealing with mental illness, the failings of the current system for helping people, and the high emotions that the subject raises were clear.

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