Getting an Education on Being a Lawyer, and Not Just on the Law

What is your personal conception of professional success and satisfaction for yourself as a lawyer?  How will you know when (or whether) you achieve your conception of success and satisfaction?  These are important existential questions for anyone working in a professional setting to reflect upon, but especially for me, as a 3L gearing up for my last semester of law school.  Yet, I was struggling.  I always knew I wanted to go to law school.  I always knew I wanted to litigate, and I had always planned on going into criminal law.  I have known these things for years.  Why had I never gone a step further, and thought about how I viewed success and satisfaction, and at what point I would feel I achieved those goals?

The questions were posed to those of us in Professor Peter Rofes’ Lawyers & Life course during the Fall 2018 semester.  They were the first of what would be scores of questions, each one seemingly simple in language and length, but digging deeper than many of us had ever been asked to do in our law school careers.  What parts of your legal education have you found to be the most rewarding?  What makes you stand out from other soon-to-be new lawyers?  What do you look for in an employer’s organizational culture? What aspects of your career, disposition, or accomplishments would you want emphasized in your “career obituary”?

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Resume Booster

Pen and ink caricature showing a lawyer arguing very strenuously while three judges are sitting at the bench, napping.While I was working into the evening on the third floor of Eckstein Hall, a friend stopped to catch up.  On the table in front of me were piles of handwritten notes, highlighted cases, outlined arguments, and cheat-sheets, organized by Petitioner or Respondent.  Color-coded flashcards were stacked in the corner. I was surrounded by seven-and-a-half weeks worth of sticky notes. I was a few days away from my moot court competition, and reviewing every single note card’s scribbled phrase, ensuring I was ready for any and all arguments from opposing counsel and questions from the judges.  She gave me a sympathetic look.  “Moot court,” I said.

She asked if I felt it was all worth it, for “just a resume booster.”

I looked at everything in front of me.  Seven-and-a-half weeks of color-coded chaos.  The disorganization reflected my anxiety.  But all of it also reflected an extraordinary amount of work and number of hours mastering an area of the law that just seven weeks ago I found foreign and intimidating.  I smiled.  Was it all worth it?

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Racial Discrimination in Wisconsin Jury Pool Practices

A courtroom is filled with women dressed in long black dresses and wearing hats.
Crowd of women register for jury duty after gaining the right to vote, Portland, Oregon, 1912.

“It requires little knowledge of human nature to anticipate that those who had long been regarded as an inferior and subject race would, when suddenly raised to the rank of citizenship, be looked upon with jealousy and positive dislike, and that state laws might be enacted or enforced to perpetuate the distinctions that had before existed.” – Strauder v. West Virginia, 100 U.S. 303, 306 (1879)

As ominously foreshadowed by the Supreme Court in 1879, current state and federal laws and practices continuously present disadvantages to people of color. Removed from enslavement and the oppressive nature of the Jim Crow Era, today many of the participants in our justice system and in politics are blind to discrepancies within this nation’s criminal justice system and erroneously believe that the black defendant enjoys the same rights as the white defendant.  The black defendant is seldom given a jury that racially represents him or her, and this lack of representation is a product of case precedent, judicial reasoning, and discriminatory practices. In Wisconsin, these discriminatory practices take the form of both state and federal jury pooling procedures. As such, the purpose of this blog post is to draw attention to the disproportionate jury pooling practices in Wisconsin circuit courts as well as federal district courts in our state, and to provide a forum for debate on this important issue.

Federal Jury Pooling in Wisconsin and the Depleted African American Voting Population

The right to a jury is so critical to the makeup of our system of justice that the Constitution mentions juries in four different sections. However, while individuals have a constitutional right to a jury, the pooling and selection of such juries is not always constitutionally executed. Both the Eastern and Western District Courts of Wisconsin have jury pooling practices that raise constitutional concerns due to the disproportional impact that those practices have on black criminal defendants.

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