The Company You Keep

Today I circulated my beginning-of-semester letter to students. I note it here because it gives me an opportunity to answer the question of the month (the month, admittedly, being this past November). That question was, “Who was your favorite law professor?” From the first post (by our Professor Papke concerning his Professor Bork) and throughout (including several posts by Marquette lawyers on some of our predecessors on the faculty), the conversation was rich and offered much to admire even secondhand.

I contributed only comments not posts, but take this opportunity now. I do it while exercising my prerogative (firmly established by Professors Murray and Morse) to redefine the question: appreciating, not just professors, but those from whom we learned in law school.

For my point, as I note in today’s letter to students, is how much I learned in law school from my fellow students. This was especially true of my closest friend in law school, now a partner in a West Coast law firm, but an accurate statement concerning numerous other friends and associates as well. Sometimes I learned legal doctrine, and other times it was more about different things, such as habits, that are not much less important in law and life. This learning occurred in study groups, during upper-level moot court, on a law journal, and in many other contexts.

I note this here, as we begin the semester, in order to encourage students to take this truth into account as they go about their activities this semester: time spent with fellows concerning the law—not just communing with one’s laptop, but in actual and intelligent conversation with other students—can be among the most valuable investments in your legal education. Truly was it for me.

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3L Charles Stone to Speak at U. of Chicago on Chinese Views of Intellectual Property

I try to make note here of significant scholarly accomplishments by my faculty colleagues, but our students often do great work as scholars, too.  Drawing on his expertise in the field of Chinese culture — he has a Ph.D. in Chinese Language and Literature — 3L Charles Stone has written a fascinating law review comment on classical Chinese attitudes towards intellectual property. I see now that he is presenting on Chinese views regarding intellectual property and the rule of law at the University of Chicago School of Business on Thursday.  Information on the event is here.

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In the Supreme Court, ACCA Is Back-a

Recently, the Supreme Court has been taking a lot of interest in the Armed Career Criminal Act, which requires that a minimum fifteen-year prison term be imposed on certain defendants with three or more prior convictions for serious drug offenses or crimes of violence.  As I discussed here, the ACCA has proven to be an interpretive nightmare, with courts struggling for more than two decades now to decide exactly which prior convictions count as triggers for the mandatory minimum.  With several recent opinions and cert grants, the Supreme Court now seems intent on addressing some of the many circuit splits in the ACCA case law.

Of particular note last year was the Court’s decision in Begay v. United States, in which the Court held that DUI is not a “crime of violence.”  Now, following in Begay’s footsteps, the Court held today in Chambers v. United States (No. 06-11206) that failure to report to prison is not a crime of violence. 

Chambers does not purport to revise the analytical framework used in Begay, but I am struck by how much closer the Chambers opinion seems to be to Justice Scalia’s concurrence in Begay than to the majority opinion in the earlier case.  Has Scalia convinced a few of his colleagues to switch sides?

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