Federal Nominating Commission: Now Accepting Applications

As Dean Kearney noted in an earlier post, I am serving as chair of the Federal Nominating Commission for the United States Attorney position in the Eastern District of Wisconsin.  The Commission completed its first item of business this past week by approving the questionnaire to be used by applicants.  The forms and instructions are available here.  (The link also contains the nearly identical questionnaire to be used by applicants for the Western District judicial opening.)  Applications are due at noon on March 2.

In reviewing the questionnaire, I am glad that I myself am not an applicant — we are asking applicants to gather and present a large quantity of information about themselves in a short period of time.  I hope that well-qualified attorneys will not be deterred by this process.  There is, of course, a delicate balance to strike: on the one hand, we do not wish to deter applicants through an unduly onerous process; but, on the other hand, it is critical for the Commission to have adequate information to assess the competence and integrity of all of the candidates for such an important position of public trust.  I hope that we have struck the balance appropriately.

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Favorite Wisconsin Cases to Teach: State v. Oakley

It’s unusual for a law review in one state to devote an issue to a decision from the supreme court of another state, but that’s exactly what happened when the Western New England Law Review published a 2004 symposium issue concerning State v. Oakley, 629 N.W.2d 200 (Wis. 2001).  I personally welcome the opportunity to teach and, in the process, critique the decision.

The case involved David Oakley, who fathered nine children with four women and was impossibly behind on his child support payments.  Manitowoc County Circuit Court Judge Fred Hazlewood placed Oakley on probation following his conviction for refusing to support his children.  However, the probation was conditioned on Oakley having no more children until he could support the ones he already had.  A four-judge majority of the Wisconsin Supreme Court confirmed Hazlewood’s order. 

Commentators predictably discussed the decision’s ramifications for the right to procreate and the larger right to privacy. 

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Academic Freedom and Academic Anarchy

Stanley Fish’s most recent column in the New York Times (The Two Languages of Academic Freedom, Feb. 8, 2009) is a good read. Fish tells the story of Denis Rancourt, a tenured full professor of physics at the University of Ottawa. Professor Rancourt is (or perhaps, was) a serious scientist, at least if his profile page at the university’s website is accurate. Under the heading “Main Discoveries and Contributions,” he lists the solution to the Invar Problem of metal physics, the derivation of the fundamental quantification relation of X-ray diffraction, the reactive diagenetic Fe-oxyhydroxide phase in lake and marine sediments, the description of the phenomenon of superferromagnetism, and advances in Mossbauer sprectroscopy methodology and in layer silicate crystal chemistry and geosensors. He lists scientific publications with titles as opaque to a lawyer as the aforementioned “discoveries and contributions.” He was tenured at the U of O in 1984 and far be it from this old lawyer to second guess his academic qualifications.

What gets this obscure Canadian professor a column in the New York Times is not his solution of the Invar Problem of metal physics, but rather the fact that he is a self-professed and practicing academic anarchist. His profile describes himself as “an activist, anarchist, and critical pedagogue.” If his anarchistic activism were limited to speaking and writing, he would be just another campus radical. What got him headlines and an official Recommendation of Termination of Employment from his $120,000 professorship was his pedagogical activity. For example:

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