The Problems with Disclosure

We had a wonderful edition of “On the Issues” with Mike Gousha last week with my former partner, Mike Grebe, now CEO of the Bradley Foundation. Mike is a great guy who has had a wonderful career. Bradley is a generous supporter of the law school and has been a tremendous force for good in the community and nationally. (By way of full disclosure, Bradley funds the Wisconsin Policy Research Institute and I have a relationship with them.)

I could go on about Mike, but I’d rather disagree with him. In response to a question of the audience, he criticized the McCain-Feingold Act and other efforts to wring money out of politics.

I agree with that.

But Mike went on to say that he believes that the answer to concerns about undue influence is mandatory disclosure. We should all know who has given what to whom.

I used to believe that.

Now I’m not so sure.

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Who Are Our People?

picresized_1255928517_44f5eb317716ee226f9fe3075b925dd1You may have heard that the Del Rio, Texas school district is policing a bridge that crosses the border with Mexico. Children crossing the bridge to attend school in the morning have been given letters seeking verification of their residency and explaining that non-residents will be expelled.

When you live in walking distance from the US-Mexico border, Newsweek points out, “the distinction between the U.S. and Mexico can get blurry—often children will pay visits on the weekend to family members who reside in Mexico and cross the border again Monday morning to go to class.”  Indeed, given recent rates of deportation, it is not at all unlikely that some children have (deported) parents living on one side of the border, while their citizen or permanent resident parents reside in Texas.

The trouble is that some of the students, allegedly, were crossing from Mexico every day to attend class in Texas.   And although public schools in the U.S. are forbidden by the Equal Protection Clause from denying education to children on the basis of their immigration status, schools do, of course, have the legitimate right to verify students’ residency in the district.  As the superintendent of the Del Rio district states, “It’s very simple. If you reside in the district, you can go to school. . . . . Texas has the same residency issues not just with children from Mexico but with children from Louisiana, New Mexico, Arkansas, and Oklahoma.” (An attorney for the Mexican-American Legal Defense Fund asks, “Why isn’t the school district setting up a roadblock on the east side of town to see if students are coming from an adjacent school district?”)

I read about the controversy on a number of different websites, and you can probably imagine the character of many of the comments.  But one particular exchange played into a question that I have become a little obsessed about recently:  who is an “American”?  Is an “American” identified by legal citizenship?  By something more?  By something different from that altogether?

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Law School Hosts Regional Writing Conference

attachment.ashx (29)This weekend, from Friday evening through Saturday, the Law School hosted the Central Region Legal Writing Conference, welcoming more than 100 attendees, not only from the central United States but from all over the country.  The theme was “Climate Change:  Alternative Sources of Energy in Legal Writing,” and those who attended seemed energized by the interesting speakers and lively discussion among faculty who teach research and writing skills.

Professor Alison Julien took the lead in organizing this conference, and several participants (including Mark Wojcik at the Legal Writing Prof Blog) remarked upon how well the event was organized and run.  The biggest testament to its success, I think, is that conference participants have encouraged Marquette to serve as the host school again.

The conference featured a diverse range of interesting topics, and though I was unable to attend every session, the six I attended are representative:  Collaboration in Teaching and Scholarship; Update on Interdisciplinary Skills Scholarship (presented by our visiting Boden Professor of Legal Writing, Michael Smith); The Six Things You Can Do in a Contract; Assigning Clients in Persuasive Writing Assignments; Using Literature to Teach Theme Development in Persuasive Writing, and How to Identify and Counter Logical Fallacies (presented by Prof. Melissa Greipp).  The sessions were informative and thought-provoking, and I left the conference thinking of ways I can improve my teaching and engage in scholarship.

Many thanks to everyone who made the event a success, including, especially, Dean Kearney, Prof. Julien, Sharon Hill, Beverly Franklin, Carol Dufek, and many student volunteers.

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