Introducing our August Bloggers

We welcome our alumni and student bloggers for August.

head shot of Rebeca Lopez
Rebeca Lopez

Our alumni contributor is Rebeca López (L’12). Rebeca is an attorney on Godfrey & Kahn, S.C.’s Labor, Employment & Immigration Law Practice Group, where she counsels and assists clients in navigating complex legal issues arising in the employment relationship, including addressing disability and leave accommodation requests, wage and hour complaints, and employment discrimination allegations. Rebeca represents employers in matters before federal and state courts and equal rights agencies, and conducts internal investigations into employee complaints and allegations.

Rebeca also serves on various boards of directors in the legal and non-profit community; she was appointed by Mayor Tom Barrett to the Wisconsin Center District Board of Directors from 2016 to 2018 and was appointed by Governor Tony Evers to the Governor’s Judicial Selection Advisory Committee in 2019. In 2015, Rebeca was named to Milwaukee Business Journal’s “40 under 40,” and in 2016, she was recognized as one of Wisconsin’s 48 most powerful Latinos by Madison 365.

Rebeca López worked as an immigration caseworker and a regional coordinator for seven years before attending Marquette Law School and graduating magna cum laude in 2012. While in law school, Rebeca served as Business Editor of the Marquette Law Review and interned at the United States District Court for the Eastern District of Wisconsin for Judge Lynn S. Adelman. Her student-written law review article was quoted by CNN in April.

head shot of Randal Finger
Randal Finger

Our student contributor is 2L Randal Finger. Randal was born and raised in Germantown, Wisconsin, and lives there now. He attended Ripon College and where he received a Politics & Government degree. While at Ripon College, Randal had a practicing attorney as an adjunct professor, which, he said, solidified his decision to attend law school. Over the summer, he worked downtown at Northwestern Mutual as a summer clerk, working on a variety of projects throughout the company. He noted that he has grown fond of real estate law throughout his short time in law school and his time at Northwestern and is the treasurer of the Real Estate Law Society at Marquette. As of now, Randal said he hopes to practice “somewhere in the real estate realm,” but is open to other areas. “I understand that my limited exposure to law in the real world could mean that there is something out there that I enjoy much more.”

Welcome to Rebeca and to Randal. We look forward to your contributions.

 

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Stare Decisis and Fractured Majorities

The Wisconsin Capitol in Madison, Wis.[The following is a guest post from Daniel Suhr ’08, a prior guest alumni contributor to the Blog.]

On June 25th the Wisconsin Supreme Court handed down its decision in Koschkee v. Evers, 2019 WI 76, which is in many ways a rerun of questions raised in Coyne v. Walker,  2016 WI 38.  Coyne was, to put it mildly, a jurisprudential mess: “Our mandate resulted from a one-justice lead opinion, a two-justice concurrence, and a one-justice concurrence, all of which agreed only on the outcome of the case” (Koschkee, ¶ 5), plus a principal dissent representing the views of three justices, and a secondary dissent representing the views of only two justices.

Chief Justice Roggensack’s Koschkee majority (which commanded four votes on everything except ¶ 17) briefly discussed the stare decisis weight of Coyne in an early footnote, stating, “When we are asked to overturn one of our prior decisions, lead opinions that have no common legal rationale with their concurrences are troublesome.” (¶ 8, n.5.)  They are troublesome, the Court continues, because it is hard to run their rationale through the traditional stare decisis analysis when there is no definitive rationale to analyze.

Justice Bradley’s dissent, by contrast, says the majority “throws the doctrine of stare decisis out the window.” (¶ 62.) To the Court’s argument from the lack of a common rationale in Coyne, she replies, “[T]he split nature of the Coyne opinion is of no import. The mandate of Coyne was clear despite the fractured nature of the opinions. Although the four justices in the majority subscribed to differing rationales, they agreed on the essential conclusion….” (¶ 73.)

In my view, the Chief Justice has the better of the argument. 

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MULS Legal Education: Following Footsteps and Forging Your Own Path

Sensenbrenner Hall

zilber forum
From Sensenbrenner Hall (left) to the Zilber Forum at Eckstein Hall.

When I was asked if I would—together with my daughter Micaela—write a blog for the Marquette University Law School Faculty Blog, I wanted to make sure it was known I haven’t practiced law full-time in fifteen years.  So, fair warning, this is not going to be a technical legal discussion.

Let’s start with a short background: I graduated from MULS in 1989.  In fact, I just celebrated my thirty-year reunion (quick shout out to my classmates:  You guys rock!  We had the highest turnout of any reunion class!).  It was wonderful catching up with old friends, some I have kept in touch with; regrettably, some I have not.

As I stood in the Zilber Forum (as I have done several times previously, more on that later), I reflected on my law school experience at Sensenbrenner Hall, and, despite feeling envious of the students who are privileged to study law in such a marvelous facility, was transported in back thirty years to the year I graduated from MULS.  I remember the hope, the promise, coupled with the uncertainty and anxiety I was feeling at the time. Not to mention the excitement of my impending marriage one month later to my beautiful wife of thirty years, Ellen, whom I met while we were both studying at Marquette (she was earning her Masters in Analytical Chemistry at the time).

Flash forward thirty years and imagine my pride when Micaela announced to us that she would be attending MULS. In fact, Micaela is officially a 3L and is on track to graduate in May 2020. While it may not be shocking for a child to follow in a parent’s footsteps, it didn’t look like that would be happening with Micaela.

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