Marquette’s presence at the Global Water Center helps Milwaukee lead in Water Innovation

Posted on Categories Environmental Law, Marquette Law School, Public, Student Contributor, Water LawLeave a comment» on Marquette’s presence at the Global Water Center helps Milwaukee lead in Water Innovation

Less than a mile away from the Law School, some of the country’s most important work is taking place at the Global Water Center, led by the Water Council. Water may seem like a basic right to most Americans, but across the globe, it is often a precious commodity. This will soon become a new reality in the water rich Midwest, as the demand on area water resources leads to an increasingly critical supply. The U.S. Geological Survey reported that pumping of groundwater in the Chicago-Milwaukee area from 1864 to 1980, has lowered groundwater levels by as much as 900 feet. Below is a map that illuminates the critical depletion affecting U.S. ground water supplies.Groundwater depletion in the U.S.

From Groundwater Depletion in the United States (1900-2008), USGS Scientific Investigations Report 2013-5079.

Facing the critical groundwater depletion taking place across the country over the last 100 years, Milwaukee non-profit, the Water Council, is rising to meet the challenge. The Water Council is dedicated to solving serious global water challenges by supporting innovation in freshwater technology and driving new solutions to a world that increasingly needs them. The Council has led the way through impressive collaboration—connecting 238 water technology businesses and a leadership network of 200 members from around the world. This expertise has included input from several Marquette University departments, including Marquette University Law School.

Continue reading “Marquette’s presence at the Global Water Center helps Milwaukee lead in Water Innovation”

Sanity Maintenance: A Guide to Surviving October

Posted on Categories Marquette Law School, Public, Student ContributorLeave a comment» on Sanity Maintenance: A Guide to Surviving October

“There are decades where nothing happens; and there are weeks where decades happen.” This Lenin quote has never felt more appropriate than in our past week of October. If you’re feeling completely overwhelmed, burnt An image of fall in Door County, Wisconsinout, ready to pack your bag and get outta Dodge—you’re not alone. As a 3L who frequently questions “why was I born during this time period?” I have begun compiling a list of things that make me feel better on those days that everything seems, well, just too 2020.

  1. Look back to cura personalis. Care for the whole person. More than ever, now, we need our motto. We can cling to this truth when there’s nothing else to hold onto. Take care of yourself in whatever way you can.
  1. Go for a walk outside on campus to look at the fall leaves. Walk to the MU Starbucks if you need an easy, quick destination. I am happy to walk with anyone who would like to go. I can also provide a list of drink recommendations, as I have challenged myself to try something new every day for the past few months and a sizable amount of the new things have involved food or drink.

Continue reading “Sanity Maintenance: A Guide to Surviving October”

Students Remember Justice Ruth Bader Ginsburg

Posted on Categories Judges & Judicial Process, Marquette Law School, Public, Student Contributor, U.S. Supreme CourtLeave a comment» on Students Remember Justice Ruth Bader Ginsburg

Upon the passing of Supreme Court Justice Ruth Bader Ginsburg, the Student Bar Association collected some statements from students in order to honor her memory.

black and white picture of Ruth Bader Ginsburg sitting on a sofa in 1972
Justice Ginsburg in 1972, when she was Professor Ginsburg, a professor at Columbia Law School. Photo credit: Librado Romero-The New York TImes.

Foley Van Lieshout, 3L
I think all women feel connected in some way to Justice Ginsburg. Reading her opinions, concurrences, and dissents, I always respected and admired her reasoning, even if I didn’t agree with it. To me, Justice Ginsburg was not “Notorious RBG”; she was a giant. She had so much power. She was larger than life.

Anonymous 2L
As Professor Oldfather put it in Con Law 1L year: it’s best to have a diverse set of chili recipes — not only one — all to make one great pot. RBG helped diversify the SCOTUS chili recipe in ways we never thought possible. Her contributions will be remembered forever.

Emilie Smith, 2L
RBG was an example of the woman, and lawyer, I hope to be – fierce, unwavering and determined. No matter one’s political leanings, she was an impressive woman who handled every obstacle in her life with grace and perseverance. Everyone – members of the legal field as well as citizens of this country – can learn a lot from her legacy. “Fight for the things that you care about but do it in a way that will lead others to join you.” – Ruth Bader Ginsburg

Zachary Lowe, 3L
Supreme Court Justice Ruth Bader Ginsburg was an absolute trailblazer not only in her field, but in the entire history of humanity. Her continuous push for equality and equity for the underrepresented will never be forgotten or fade away in time. Her memory will always live on in the spirit of those who push for a better present and future for those who are given less opportunities. Thank you, Justice Ginsburg, for always fighting, even until your final days. “Fight for the things that you care about but do it in a way that will lead others to join you.” Continue reading “Students Remember Justice Ruth Bader Ginsburg”

Welcome to Our October Guest Blogger

Posted on Categories Public, Student ContributorLeave a comment» on Welcome to Our October Guest Blogger

head shot of woman named Liz SimonisOur Student Guest Blogger for October is 2L Liz Simonis. Originally from Milwaukee, Liz spent five years working in agriculture around the Midwest before moving back to the Cream City. Her legal interests are primarily in intellectual property and corporate law, but after spending six months in China, she has developed an interest in water law as well, including its ability to influence international relations. Liz has recently been awarded the AWL Foundation Scholarship by the Association for Women Lawyers. Congratulations Liz!

How to Have Restrictive Contracts and Still Be “The Good Guys”

Posted on Categories Intellectual Property Law, Legal Practice, Negotiation, Public, Student ContributorLeave a comment» on How to Have Restrictive Contracts and Still Be “The Good Guys”

Cover of Adventure Zone graphic novelJustin, Travis, and Griffin McElroy have built a podcast empire on being wholesome good guys. They come off to their fans as three brothers who are down-to-Earth, goofy, and will never do anything to hurt people. This has connected with podcast listeners worldwide, helping them build a massive fan base.

But at some point, businesspeople and celebrities make mistakes. For the McElroys, this mistake has come in the form of them trying to find ways to make money off the success of their podcasts. Prior to 2018, the McElroys had sold merch for their podcasts, gone on tours to do live recordings of podcasts, and had a brief TV adaptation of the podcast “My Brother, My Brother and Me” on the failed streaming platform Seeso, which was owned by NBCUniversal.

Then came the graphic novel adaptation of “The Adventure Zone,” which shot to the top of the New York Times bestseller’s list. The graphic novel, while illustrated by Casey Pietsch, features a gallery of fan art at the back of every volume. Given the relationship the McElroys have with their fans, it seems reasonable they would pay tribute to the fans and the artwork they create by including a gallery of artwork tied to the events of that volume.

This fan art gallery has become the center of a bit of controversy in recent weeks. Continue reading “How to Have Restrictive Contracts and Still Be “The Good Guys””

The Challenges Facing Podcast Hosts Protecting Trademarks

Posted on Categories Intellectual Property Law, Legal Scholarship, Popular Culture & Law, Public, Student Contributor1 Comment on The Challenges Facing Podcast Hosts Protecting Trademarks

Cover of Adventure Zone graphic novelAmong the many technological changes in the 2010s was the rise of podcasts as a form of entertainment. Average people were able to purchase microphones and record conversations with their friends, family, or experts in a field, and then upload for people across the world to listen to.

Three brothers, Justin, Travis, and Griffin McElroy started recording the comedy-advice podcast “My Brother, My Brother, and Me” in 2010. After that podcast’s success, they went on to record several other podcasts, including “The Adventure Zone,” in which they play tabletop role-playing games with their father, Clint. This podcast has been done in three main storylines: “Balance,” “Amnesty,” and “Graduation.”

“The Adventure Zone” appears to be the most popular podcast released by the McElroys. Thousands of fans follow subreddits and Facebook pages and groups. “The Adventure Zone” has been adapted into a best-selling graphic novel, licensed for a tabletop role-playing game, and is currently being adapted for a possible animated show for the streaming platform Peacock.

With this fame has come devoted fans, some of whom make fan art and then sell it. This practice is largely disapproved by the McElroys, although they have not taken any legal action against creators of unauthorized merchandise. Justin McElroy has implied on Twitter that he is okay with people commissioning artists to draw characters from “The Adventure Zone.” This detail is lost by the fans, who treat all fan-creations for sale as bad. While the McElroys have created a podcast, which they appear to make money from, and they have a right to protect their creation from people seek to unscrupulously profit from it, there are challenges facing them, as well as other podcast hosts.

This is the focus of my paper You Must Roll 18 or Higher in Order for Your Claims to Succeed: Common Law Trademarks, Unauthorized Merchandise, and the Podcast “The Adventure Zone,” about which I was interviewed on the podcast “Ipse Dixit” by Prof. Brian L. Frye of University of Kentucky College of Law. Continue reading “The Challenges Facing Podcast Hosts Protecting Trademarks”

Marquette Student Paper Featured on Ipse Dixit Podcast

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Former student guest blogger and current 2L Monica Reida recently appeared on Ipse Dixit, a podcast on legal scholarship that has a wide audience among law professors, to discuss their fascinating new paper, You Must Roll 18 or Higher for Your Claims to Succeed: Common Law Trademarks, Unauthorized Merchandise, and the Podcast “The Adventure Zone”. You can listen to the podcast episode here. Monica is returning to the Faculty Blog for a couple of posts about the paper, which is available now on SSRN. Congratulations Monica!

Milwaukee Journal Sentinel Runs Maniak’s Blog Post

Posted on Categories Civil Rights, Human Rights, International Law & Diplomacy, Media & Journalism, Milwaukee, Public, Student Contributor1 Comment on Milwaukee Journal Sentinel Runs Maniak’s Blog Post

August student blogger of the month and former Marine Robert Maniak (3L) recently wrote a powerful, moving post called Rules of Engagement that appeared on this blog. This morning, the Milwaukee Journal Sentinel and ran that post as an opinion piece. Congratulations to Robert. Be sure to check out Robert’s other blog posts here, here, and here.

Rules of Engagement

Posted on Categories Civil Rights, Human Rights, International Law & Diplomacy, Public, Student Contributor1 Comment on Rules of Engagement

Afghanistan was hot. An almost indescribable amount of heat meant that you were constantly sweating as everything you wore became soaked, so that you were never truly dry. I was there in 2014 as part of, what we thought at the time, was the U.S.’s withdrawal from the country. The unit I was a part of had the impossible task of maintaining the operation of Camp Bastion’s flight line, providing all the logistics that kept the aircraft and crews happy, while also keeping them safe.

Contrary to public assumption, and most recruiting commercials, the U.S. Marine Corps isn’t made of just infantry and aircraft units. There is a whole ecosystem of support jobs which keep everything moving along. My job was one of the less glamorous, less flashy, less likely to be publicized ones. I maintained air conditioners and refrigerators. And the unit I was assigned to wasn’t all that exciting either. We were a support squadron of the aircraft squadrons. We did not have any aircraft to maintain. Rather, we were supplied all the less glamourous logistics for the units that did fly.

Part of that logistic support was security. After the disastrous 2012 attack which killed two Marines and destroyed millions of dollars of aircraft, the airfield, which was nested inside the larger base, was subject to increased security protocols, limiting access to only those who had business there. This meant that in addition to doing our daily jobs, like vehicle and heavy equipment maintenance, we would also be tasked to stand post at the entry points for the flight line or be on stand-by as a quick reaction force in the event that someone breached the base fence and made the one-kilometer trek to the flight line. Continue reading “Rules of Engagement”

Mental Health and Law School

Posted on Categories Marquette Law School, Public, Student Contributor1 Comment on Mental Health and Law School

I have never been particularly excited to begin a new year of school. My mom, to my chagrin, keeps a photo of one of my first days of school on the family fridge. Clad in a breathtakingly dated wind-breaker, with a full sized Marquette University Law Schoolbackpack dwarfing my elementary school frame I lean against a tree at the bus stop. Flanked by my too-young for school sister who smiles from ear to ear my mom snapped the photo. I think that photo was both for me and my mom. I got a visual reminder that my family was always going to be there for me; my mom got a picture she could use to embarrass me with, and a memento of her favorite and only son.

I was reminded of this photo as email after email bombarded my inbox explaining the new COVID procedures for the in-class semester. Any excitement for my final year in school was dampened considerably. The Law School’s Instagram post which showed what the law school looks like now, a labyrinth of blue painter’s tape and signage, showed just how much the precautionary measures had sapped the building of its warmth. The Law School is, to be frank, depressing in its current arrangement. Continue reading “Mental Health and Law School”

Palsgraf and Humanity in the Age of Covid

Posted on Categories Legal Practice, Public, Student Contributor, Tort Law1 Comment on Palsgraf and Humanity in the Age of Covid

If Covid were the subject of a suit, how would the decision describe my grandfather?

My grandfather recently passed away. It wasn’t Covid; not directly at least. A lifetime of kidney problems and other assorted ailments weren’t helped by the pandemic-induced lock-down. Rather than go out to eat or graze at the local grocery store buffet, as he normally would, he dined on pre-cooked meals and unsurprisingly his health suffered for it. So no, Covid didn’t kill him, but it certainly helped. In legal-speak it was more of a proximate cause.

In any law school tort class, students learn about proximate cause as it relates to negligence. One case, which is widely cited, is Palsgraf v. Long Island Railroad. In this slice of history, a remarkable and tragic chain of events took place. The plaintiff, Mrs. Palsgraf, waited for her train, at the railroad’s train station. As she waited, an employee of the train company unknowingly helped two men load explosives onto a different train. The explosives detonated, and had one of the two men been injured by that explosion this case would almost assuredly be lost to the sands of time, a simple case of negligence with a simple resolution. Instead, in the hubbub that ensued, a large scale Mrs. Palsgraf was standing near struck and injured her. The exact manner in which the scale injured her isn’t mentioned in the opinion itself.

Every law student learns about this case and its meaning. The legal rules and principles of law that the majority and dissenting opinions announced are followed to this day. But the decision doesn’t spill any ink about Mrs. Palsgraf. A terse statement of facts accompanies the majority opinion, in which Mrs. Palsgraf isn’t even mentioned by name. She is simply “Plaintiff.” Thus, she is reduced to something less than human. I thought of this case as my grandfather lay in hospice, near the end of his life. Continue readingPalsgraf and Humanity in the Age of Covid”

Welcome to Our August Guest Blogger

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Our student guest blogger for August is 3L Robert Maniak. Robert was born and raised in Saint Paul, Minnesota, and after high school enlisted in the Marine Corps. He and his wife Gina were recently married in June, with relatives “Zoom-ing” into the ceremony. After graduation, he is interested in pursuing a career in civil litigation in Wisconsin. Welcome Robert!