Advice to Myself

John Kircher teaches a law school class, 1986

Law school is a wonderful experience. It’s terrifying, I have to admit, but it’s an opportunity that few people get and it’s something that shouldn’t be taken for granted. Coming into law school, I heard many a rumor including things like: you won’t have much, if any, free time; the workload is unlike anything you’ve ever seen before; and on-calls are really, really scary. If I could send a message to incoming 1Ls and my pre-1L self from right now, there are a couple of things that I would tell myself. The main thing that I would say is that all of those things are true, with some caveats.

In the beginning of 1L year, I found myself with little to no free time. Days were spent in class and nights were spent doing the reading assignments for said classes. (Side note: don’t use the word “said” to refer to something. It’s old “legalese” and it’s out of fashion. While I’m at it, forget how you thought attorneys spoke and wrote. You were wrong.) At first, I had no idea what I was doing. I read the cases, briefed the cases, and hoped to god that I got the right things out of those cases. Those three things consumed most of my time every day during the week and weekend. This is exactly what I feared law school would be: a never-ending stream of work that I didn’t know what to do with. However, as time went on, I started to understand what I needed to look for in cases and how to be more efficient with my time. It wasn’t an overnight process, but the saying that “practice makes perfect” applies directly to law school. If there was one thing that I could tell myself prior to the first day of class on this topic, it would be to remain patient. Learning “how to law school” takes time and the assignments will be hard to get through for a while.

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A Big Bang in Germany

Field Trip to Brussels.

This summer marked the 11th year that the Summer Session in International and Comparative Law was held in the town of Giessen, Germany.  The program brings together law students from the United States, Europe, Asia, Africa, the Middle East, and Latin America to learn and live together for four weeks.  This one of a kind program is a partnership between the Marquette University Law School, the University of Wisconsin Law School, and the Justus Liebig University.

I was proud to address our 37 participants at this year’s Closing Ceremony on August 15, 2019.  Here is the text of my remarks.

Herr Doctor Professor Marauhn, Vice President Kampfer, Honored Guests, Faculty and Graduates:

It all started with a Big Bang.

No, I am not referring to the American television show about young scientists that is apparently popular in every country on the planet.  I am talking about the original Big Bang, that sudden burst of light and energy that began our universe.

Imagine if you had been there when the Big Bang occurred.  At first, there was chaos, disorder, and confusion.  But slowly, the gases cooled and became planets, and the planets formed orbits around suns, and the universe took shape.  And it was beautiful.

Four weeks ago, you arrived in Giessen, Germany with your very own Big Bang.  And yes, there was chaos.

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Cigarette Packaging and Smokers’ Rights

I had the delightful opportunity at the beginning of the summer to deliver a conference paper in Portugal.  Lisbon’s cobblestone alleyways and bustling riverfront were exciting, but odd as it might seem, Portuguese cigarette packaging also caught my eye.

All cigarette packs in Portugal have graphic images related to the dangers of smoking cigarettes: rotted teeth, amputated toes, diseased lungs, stitched-up chests, and naked corpses sprawled out on coroners’ metal tables.  The images and the accompanying verbal warnings take up the fronts and backs of the packs, and brand names such as “Marlboro” appear only on the narrow bottoms of the packs.

None of the Portuguese smokers to whom I spoke – and there were plenty – seemed particularly offended by the packaging.  So-called “scare messages,” after all, are genuinely intended to get smokers to stop.  They are consistent with the World Health Organization’ s directives regarding cigarette packaging, and graphic images appear on cigarette packs in most European countries.

What about graphic images in the United States?  It briefly seemed that they would begin appearing after the passage of the Family Smoking Prevention and Tobacco Control Act in 2009.  The Act in fact mandated them, and the Food and Drug Administration (FDA) formally approved nine graphic images that it considered especially likely to make people afraid of smoking.

However, the tobacco industry and assorted neo-liberal pundits immediately rose up in arms.  The former, of course, worried about its profits, and the latter championed the “right to smoke.”  The graphic warnings, the pundits argued, interfered with freedom of choice.  They were the efforts of the nefarious “nanny state.”

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