Aharon Barak: A Judicial Approach Shaped by the Worst and Best in People

Aharon Barak is known internationally for his role in strengthening individual rights and the civil courts in Israel. The accomplishments and prestige of the retired chief judge of the Israeli Supreme Court are what made him a good choice for presenting this year’s Hallows Lecture at Marquette Law School.

But beyond the Hallows lecture on judicial philosophy Monday and beyond what Barak said to several classes and at meetings with faculty members and beyond his remarks Sunday night at a dinner attended by leaders of Milwaukee’s Jewish community, there lies a personal side to what it motivates Barak as a judge. It came out in spontaneous remarks  at a private dinner Monday night after the Hallows lecture. 

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The Negative News About Positive Political Ads

Near the end of Tuesday’s “On the Issues with Mike Gousha” session at the Law School, Gousha asked Mike Tate, chair of the Wisconsin Democratic Party, and Reince  Priebus, chair of the Wisconsin Republican Party, whether they thought candidates can win while running positive campaigns.

Neither directly answered the question from Gousha, the Law School’s Distinguished Fellow in Law and Public Policy. But Tate came closer.  You have to have to draw contrasts with your opponent, he said. And when one campaign launches an ad that is arguably negative, “it’s an arms race,” Tate said.  If you don’t respond, you risk losing. Voters remember negative ads, Tate said.

Priebus responded by criticizing Democratic campaigns for playing what he called “small ball” this fall, focusing on minor matters that they could use to attack Republicans instead of on major issues, like jobs, the economy, and the growth of government spending.

What neither said to Gousha’s question was, yes, you can win by staying positive.  

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Negotiation Advice from an International Arbitrator

Last week, I was delighted to welcome Lucy Reed, a partner at Freshfields Bruckhaus Deringer and co-chair of their international arbitration group as our inaugural speaker for our speakers series on Gender & Negotiation, funded by the University Centennial Celebration Fund to celebrate 100 years of women at Marquette.  Lucy has an amazing background in both the private and public sector.  She has served as a Commissioner of the Ethiopia-Eritrea Claims Commission and co-director of the Claims Resolution Tribunal for Dormant Accounts in Switzerland.  She was the U.S. Agent to the Iran-U.S. Claims Tribunal and also general counsel of the Korean Pennisula Energy Development Organization (the organization negotiating with North Korea over its nuclear plants.)  Her private sector work currently focuses on investment treaty arbitrations and other public international law disputes. 

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