Lunch Bunches, Ten Second Chat, and Color Photo Seating Charts

I have learned over the years from my two kids, both now adults, that many people, including no doubt law students and potential law students, view law professors as a different breed of animal.  I guess in my family we do push the envelope since my wife, Margaret Moses, and I are both law professors. The friends of our kids, and, indeed, my law students, are shocked to discover, for example, that in my youth I worked in the factory at what was then the Allen-Bradley company — on the seventh floor of the building with the largest four-sided clock in the world — and that, even in the summer after my first year in law school, I was a truck driver moving people’s household goods from one end of the country to the other. Somehow law professors, even before they are law professors, live such different, abstracted lives that it is beyond comprehension that one of them drove a truck as a summer job or worked in a factory making electrical resistors, whatever they are.

While my kids no doubt have good reason for thinking that I am weird in various ways, I think of myself as falling within the range of what could be called normal. I want my students to get some chance to agree, or have a closer look to decide that my self-assessment is way off track. So, here are two techniques I use. First, whenever I see a student of mine outside of class, I go out of my way to say hi and to chat: The ten second chat. Students are very aware of us but many are afraid of making the first move when they see us outside of the classroom. Reaching out to them breaks the ice. The downside, of course, is that I get it wrong. Early this semester, I was in the elevator with one of my students, so I started to chat.  Unfortunately, she was a student in a different class than I had assumed, so I am sure that she thought I was even weirder than she might have if I had said nothing at all. But it is a risk worth taking.

Second, I arrange “lunch bunches” with the students in my class.

Continue ReadingLunch Bunches, Ten Second Chat, and Color Photo Seating Charts

Seventh Circuit Week in Review, Part I: Of Brothels and Woodsheds

The Seventh Circuit had a busy week, with eight new opinions in criminal cases.  In this post, I’ll discuss three that deal primarily with substantive criminal law issues.  A subsequent post will cover the sentencing and procedure cases.

Two of the opinions in this post deal with the difficult and important question of whether it is money laundering when a brothel purchases advertising.  But, before getting to that question, I’ll discuss a case that offers an unusual dressing-down of a federal prosecutor.  (There’s actually a pun in that last sentence — read on to see what I mean.)

The legal question in United States v. Farinella (Nos. 08-1839 & 08-1860) was whether those “best when purchased by” labels you find on food packages really mean anything to consumers.  Do they indicate that spoilage is imminent, or are they essentially meaningless marketing devices, akin to claims that a product is “new and improved?” 

Farinella, the defendant, purchased 1.6 million bottles of “Henri’s Salad Dressing” for resale at so-called “dollar stores.”  He presumably bought them at a discount because the bottles were past, or at least fast-approaching, the “best when purchased by” date stamped on each bottle by the manufacturer.  The manufacturer’s label would obviously make resale more difficult, but Farinella solved this problem by covering the original labels with new labels listing a later purchase date.  Of course, no one would hold this up as a model of business ethics.  But was it a federal crime?

Continue ReadingSeventh Circuit Week in Review, Part I: Of Brothels and Woodsheds

Progressive Originalism

The March 14 edition of the Wall Street Journal carries an interesting story regarding efforts to use “progressive originalism” in upcoming precedent-potential cases. The Journal reports that the Center for Constitutional Accountability, a progressive public interest law firm run by Doug Kendall, and several liberal-leaning legal academics have undertaken a sustained effort to revive the Privileges or Immunities Clause of the 14th Amendment. The Journal reports:

So-called progressive originalism departs from the conservative strain by shifting focus from the 18th-century constitutional text to the three Reconstruction amendments ratified after the Civil War. . . . Viewed through the Reconstruction prism, the “Constitution turns out to be way more liberal than conservative,” says Yale law professor Akhil Reed Amar, a leading proponent of progressive originalism. . . . By applying methods blessed by conservatives to the neglected texts and forgotten framers of the Reconstruction amendments, liberals hope to deploy powerful new arguments to cement precedents under threat from the right and undergird the recognition of new rights.

The Journal’s report struck me as particularly interesting when juxtaposed alongside an article authored by Marquette alumnus Keith Alexander (BA ’98, MA ’00) and published recently in the Texas Review of Law and Politics. In developing an argument regarding the federal partial birth abortion ban, Alexander focuses on the original meaning of the 14th Amendment’s Equal Protection Clause:

Continue ReadingProgressive Originalism