New Marquette Lawyer Magazine Examines War Powers, State Supreme Court Elections, Legal Scholarship Ethics, and More

The bald eagle symbolizes the strength of the United States, not least when the country uses its military power. The eagle on the cover of the Marquette Lawyer magazine, Fall 2018 issue, shows the determination, even the fierceness, of the eagle during times of war.

But the process involved in deciding where and how that eagle flies is more complex than many people may realize. In the cover story in the new Marquette Law School magazine, David J. Barron, judge of the U.S. Court of Appeals for the First Circuit and formerly a Harvard Law School professor, insightfully examines three chapters in American history when a president and leaders of Congress had differing positions on use of power. Barron focuses on three of the nation’s most revered presidents: George Washington, Abraham Lincoln, and Franklin D. Roosevelt. The article is an edited and expanded version of the E. Harold Hallows Lecture that Barron delivered at the Law School in April 2018. To read the article, click here.

Interspersed throughout the article are reactions by three individuals with different perspectives on the relationship between Congress and the commander-in-chief: Russ Feingold, former three-term U.S. senator from Wisconsin and currently distinguished visiting lecturer in international studies at the University of Wisconsin–Madison; Julia R. Azari, associate professor of political science at Marquette University and a scholar of the American presidency; and Benjamin Wittes, editor in chief of Lawfare and senior fellow in governance studies at the Brookings Institution.

Barron’s article, together with the reactions, is only one of the thoughtful and thought-provoking pieces in the new Marquette Lawyer. Elsewhere in the magazine:

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The Great Lakes Compact At 10: Significant Achievements, But Still A Work In Progress

Enacting the Great Lakes Compact was a remarkable achievement that likely wouldn’t be possible in today’s political climate; it is a bipartisan, multi-jurisdictional agreement that will benefit future generations and was adopted in the absence of a crisis. Yet its ultimate success or failure remains Great Lakes from spaceto be determined, as questions persist about its staying power and about our commitment to its consistent application. Those two conclusions were broadly shared by presenters and attendees at a conference held earlier this month at the Law School’s Lubar Center. The Law School’s Water Law and Policy Initiative organized the event to commemorate the tenth anniversary of the Compact’s signature into law by President George W. Bush, and to evaluate its success since then.

Former Wisconsin governor Jim Doyle opened the conference by reflecting on his work as one of the Compact’s architects. Doyle acknowledged the Compact’s primary feature, a general ban on diversions of water outside the basin, and also highlighted lesser known provisions resulting in the creation of a framework for employing sound science in the joint management of the Lakes. He struck a note of caution, however, predicting that thirsty regions across the country are still focused on the Great Lakes as a potential water source, and at some point “people will go to Congress and say we have to get rid of [the Compact].” The Compact will not be fully tested, Doyle suggested, until water shortages strike broad swaths of the country, including areas outside the Great Lakes basin but within the Great Lakes states. The basin line bisects Wisconsin. Would a future Wisconsin governor remain committed to the Compact even if severe water shortages struck Madison or other Wisconsin communities just outside the Basin? Doyle urged audience members to ask all candidates for public office about their commitment to the Lakes and the Compact.

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How the Basic Journalism of PolitiFact Has Changed the Political Landscape

In 2007, with President George W. Bush’s second term as president coming to an end and Vice President Richard Cheney not aiming to succeed him, open races for both Democratic and Republican nominations for president were developing. Bill Adair thought it was time to bring more fact-checking into American political journalism.  Adair, then a Washington-based journalist with the St. Petersburg Times (now the Tampa Bay Times) began a project that the newspaper called Politifact.

The idea took off and, more than a decade later, PolitiFact and other political fact-checking efforts have become an important part of the national journalism landscape. PolitiFact is now an independent non-profit organization. The Milwaukee Journal Sentinel became a partner with PolitiFact in 2010, ahead of the election that year in which Republican Scott Walker defeated Democrat Tom Barrett for governor, and continues to run PolitiFact pieces, with either national or local focuses, almost every day.

In an “On the Issues with Mike Gousha” program Tuesday at Marquette Law School, Angie Drobnic Holan, now the editor of PolitiFact and a part of its team since the start, and Tom Kertscher, who has worked on the Journal Sentinel’s PolitiFact team since its start, described the goals of what they do in terms core journalistic values.

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