Marquette University Law School Faculty Blog

Two Supreme Court Experts Warn About Impact of Partisan Nomination Fights

Post author:Alan J. Borsuk
Post published:September 20, 2018
Post category:Political Processes & Rhetoric Public Speakers at Marquette U.S. Supreme Court

Two experts on the United States Supreme Court expressed concerns Thursday during an “On the Issues with Mike Gousha” program at Marquette Law School that the level of partisanship in confirmation processes for justices is causing damage to the court itself.

David A. Strauss, the Gerald Ratner Distinguished Service Professor of Law at the University of Chicago, said, “Things have become a lot more partisan in a way that I think is really damaging for the court as an institution.”

Strauss said, that, even though partisanship has long been a part of confirming court nominees, among senators overall, “there was a consensus that we really have to kind of make sure that we take care of the court.” That meant approving well-qualified candidates who would be respected and do their jobs well, with less attention paid to their partisanship. That has eroded, he said.

“I think it has taken a turn for the much more partisan,” Strauss said. ”What’s really troubling about it . . . Once that happens, it is very hard to dig yourself out of it.”

Bitcoin, Blockchain, and Smart Contracts – Part 1

Post author:Jose Lazaro
Post published:September 16, 2018
Post category:Business Regulation Computer Law Corporate Law Public Student Contributor

Over the past year and a half Bitcoin and other cryptocurrencies have been taken a place under the mainstream spotlight, meaning the public at large has witnessed the speculative behavior in the cryptocurrency market. In December 2017 the price of one Bitcoin surpassed $20,000, only to encounter a bear market where the market price today is around $6,500. This volatility is not new to Bitcoin. For example, on December 4, 2013, Bitcoin was $1,175 and shortly after, on February 10, 2014, the price hit a low $100. I point out price volatility to show that the cryptocurrency market is a unique speculative market. With that being said, let’s put money to the side and focus on the technology on which the Bitcoin network runs – blockchain technology. As we will see, using blockchain to create and maintain a currency is only the beginning.

At its essence blockchain technology is linked data between computers. It is defined as a digital, decentralized, append-only, distributed ledger that allows unrelated individuals to transact with each other without the need for a third-party or controlling authority. Because no third-party transaction confirmation is needed, the network becomes trustless. I want to make a note on the ‘append-only’ characteristic because it is crucial to the high security value blockchain provides. Append only means that data can only be added to the blockchain, it cannot be removed. Blocks that are already on the chain cannot be altered in any way. You can only make a change by noting it on a future block that is not on the chain yet, and every participant of the blockchain can see this change. At very technical levels advanced cryptography is what allows blockchain to exist, but diving into a discussion of these technicalities requires a scientific discussion, which, while interesting, would not serve a legal purpose. However, something of high-relevance to the legal community is a discussion of smart contracts. Working closely with coders and blockchain experts, attorneys can draft smart contracts that provide a more efficient, secure, and cost-effective way of facilitating transactions between individuals.

A Milwaukee Native Describes His Work as the City’s Police Chief

Post author:Alan J. Borsuk
Post published:September 13, 2018
Post category:Milwaukee Public Speakers at Marquette

Ed Flynn was a complete outsider to Milwaukee. The city’s police chief from 2008 to 2018, he never lived in Milwaukee before he became chief, he left Milwaukee as soon as he was done, and some people questioned how much he was connected to the life of the city as a whole while he was serving as chief.

Alfonso Morales, Flynn’s successor, is a complete insider to Milwaukee. Born in the city, grew up on N. 33rd St., graduated from Milwaukee Tech High School, as it was then called (it’s now Bradley Tech). After graduating from Carroll College, he became a Milwaukee police officer and rose through the ranks until he was named chief in February 2018.

Flynn appeared several times at “On the Issues with Mike Gousha” programs at Marquette Law School. Morales was an “On the Issues” guest for the first time on Thursday (Sept. 13, 2018). The differences between them in personal styles, in priorities, and in connecting with the community were clear.