ACS Presentation on 2008-09 Supreme Court Opinions

imagesWith the beginning of the 2009-2010 term of the Supreme Court, the Marquette Chapter of American Constitution Society for Law and Public Policy (ACS) spent a lunch-hour discussing some of the more interesting cases of the past 2008-2009 term. Leading the lunch discussion were Marquette professors Blinka, McChrystal, and Secunda.

Professor Blinka started the lunch discussion with Arizona v. Gant, a 5-to-4 decision written by Justice Stevens and joined by Justices Scalia, Souter, Thomas, and Ginsburg (an odd confederation to say the least).  In Gant, the Court limited the scope of “search incident to arrest.”  The Court held that while police can conduct a warrantless vehicle search “incident to an arrest,” police can only search without a warrant and without consent if the arrestee is within reaching distance of the vehicle or if the officers have reasonable belief that “evidence of the offense of arrest might be found in the vehicle.” Arizona v. Gant 556 U. S. ____, 2 (2009).

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Standing up for the Rule of Law

Charles_Swift_--_Guantanamo_August_2008Hamdan v. Rumsfeld, which concerned the President’s authority to employ military commissions without congressional authorization, is among the most noteworthy of cases to have been decided by the Supreme Court in the last few years.  Last month, Professor Stephen Vladeck, who was part of the team that represented Guantanamo detainee Salim Hamdan before the Supreme Court, was part of the law school’s Constitution Day observance.  On Wednesday, we have the good fortune to host Lieutenant Commander Charles Swift, who represented Hamdan from the beginning.

Swift’s presentation promises to be compelling in at least two respects.  The first is that Swift will provide a first-hand account of the legal issues surrounding the war on terror via the story of his advocacy for recognition of the rights of Guantanamo detainees.  The second concerns the personal cost to Swift of his representation.  According to media accounts, Swift understood that the expectation was that he would simply assist Hamdan in entering a guilty plea.  But, Swift explained to the Seattle Post-Intelligencer,  “I didn’t volunteer for this. I got nominated for it. When I got it, I just decided to do the best I could.”  That resulted in a trip to the Supreme Court, in Swift being denied a promotion, and in turn to the end of his military career.  As Swift explained to a Bloomberg reporter, “If you start thinking about your career over your duty, it’s time to get out.”

For more information, and to reserve your spot, go here.

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Chilean Delegation Observes Criminal Trial Motion to Suppress Evidence

SchneiderOn Thursday morning, October 1,  the Chilean students participated in a mediation training on foreclosure hosted by MULS Professors Andrea Schneider and Natalie Fleury.  Afterwards, they met with Professor Schneider who, with the help of attorney and translator Cynthia Herber, did a great job keeping up with their many questions. The students found it remarkable that mediation has become a regular feature of the U.S. legal system, and asked how this came about. Professor Schneider explained that the participation of judges, who refer litigants to this resource, has made mediation a more regular feature of resolving conflicts.

In the afternoon, the students visited the Milwaukee Courthouse, and received a tour by Felony Court Coordinator Mary Jo Swider, including a stop to observe the intake court in action. Commissioner Julia E. Vosper came out to greet the group and give them a brief explanation of this first steps in the criminal justice process:  verifying the probable cause basis for the arrest, setting bail and scheduling a trial date. The students were stunned when one man was escorted into the courtroom handcuffed and wearing the orange prison garb. This condition did not seem to correspond to his crime for driving without a license.

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