Foxconn Water Diversion Approval to be Tested in Administrative Hearing; Judicial Review to Follow?

In recent years, it has become relatively common knowledge that the Great Lakes Compact generally bans diversions of Great Lakes water outside the Great Lakes basin but offers limited exceptions. A community that straddles the basin line, or that lies within a county that straddles the basin line, may Great Lakes from spaceapply for a diversion subject to certain stringent technical conditions. I have previously written in this space that the Compact has been successful at least insofar as the party states were able to agree on and subsequently enforce a common decision-making process to consider such requests. In October 2018, Compact supporters will celebrate its 10-year anniversary.

But the Compact’s first decade has not passed without controversy, much of it centered on the diversion provisions generally and on southeastern Wisconsin in particular. In fact, during a recent conference keynote address here at the Law School’s Lubar Center, Compact expert Peter Annin noted that our area has more “diversion hotspots” than the other Compact party states combined. Consider that in 2009, the City of New Berlin (a straddling community) became the first community to successfully apply for a diversion, and in 2016, the City of Waukesha became the first community within a straddling county to successfully apply for a diversion.

Just last week, the region made Compact history for yet another reason. For the first time, opponents to an approved diversion have filed a legal action to challenge the approval in a state administrative hearing, potentially as a precursor to an appeal to Wisconsin circuit court. The proceedings to follow will provide important and novel insights on how to interpret the Compact.

Continue ReadingFoxconn Water Diversion Approval to be Tested in Administrative Hearing; Judicial Review to Follow?

The Significance of Others

Black & white photo of Flatiron Building (NY) under constructionThe concept of bringing your significant other to law school with you almost every day probably sounds frustrating to some and fantastic to others. Due to my disability and the fact that she is my primary caregiver, my fiancée Caitlin attends school with me at least three days out of the week; I am sure you have seen us around. The truth of the matter is that it is both frustrating and great having Caitlin with me, oftentimes both at the same time.

Caitlin and I have been together since I was a senior in high school. She and I started living together when I started college and by my junior year she was attending the majority of my classes with me. Going into my 1L year the plan was for her to come to school with me three days of the week, with the other two days being covered by my other caregiver, Danny. Naively, I assumed that this plan would go just as smoothly for us as it had during the last two years of my undergraduate career. Having both attended Lakeland University, Caitlin and I shared a common group of friends there and she was already familiar with the campus and faculty. Even though the social sciences were not her area of study, she tended to follow along with some of my classes. We discovered quickly that law school is (at the risk of sounding incredibly cliché) a completely different animal. 

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Reporter Describes Reporting Behind Story That Sparked the #metoo Movement

Do you think anybody’s going to care?

New York Times reporter Megan Twohey recalled asking that question during a cab ride with her reporting partner, Jodi Kantor, just before a demanding investigative story they had been working on was to appear in print. The two had been told they would never get the story in the paper. The two had been told few would care if it did appear.

During an “On the Issues with Mike Gousha” program at Eckstein Hall on Friday (May 11), Twohey described what led up to printing their story on Hollywood mogul Harvey Weinstein’s record of sexually abusive misconduct. Their first story ran at the top of the Times’ front page in October, 2017.

Other journalists had set out to do publish stories on Weinstein’s long-rumored treatment of women. None had succeeded in getting something published. Women who are victims of such treatment are often reluctant to talk publicly, and that was especially true with Weinstein, who had great power and influence in the entertainment industry. Furthermore, Weinstein had fought strongly against such stories being published. Kantor and Twohey were told he would intimidate the Times into withholding publication.

Twohey said the two realized they had to build a case based on evidence that went beyond he said-she said versions of what happened in specific incidents. They were able to do that using materials such as corporate documents and records of out-of-court settlements. She said the Times set rigorous standards for what could be put in print.

Twohey said that once the story appeared, she and Kantor were so involved in follow-up work, they didn’t pay much attention to the impact in the first few days. But the impact was huge – their work played an important part in sparking the #metoo movement that has made harassment and abuse of women in the work place a national issue. Twohey called it a time of reckoning for those who have been involved in harassing women.

Among other recognitions, Twohey and Kantor have won a Pulitzer Prize and been named to Time magazine’s list of the 100 most influential people in America. They have signed a contract to write a book and an option on movie rights to their story. Twohey was in Milwaukee to be honored by the Milwaukee Press Club at a banquet.

Gousha asked Twohey what it was about the Weinstein story that triggered such strong reactions. Other prominent figures, such as television commentator Bill O’Reilly, already had lost their jobs over similar allegations.

Twohey said a big factor seemed to be that in this case, the perpetrator, as powerful as he was, was not as famous as some of the victims who agreed to speak on the record. Twohey said the fact that such well-known movie figures were willing to say they had been victimized and wanted justice motivated  women across the country to speak up about their own experiences.

“The real moral horror (about the Weinstein situation) . . . was that he was able away with this for 40 years,” Twohey said. What she called “the complicity machine” in which Weinstein’s aides, associates, and friends protected  him was just as important, she said. She and Kantor did a follow-up story on the systemic failures and assistance that allowed Weinstein to intimidate people into staying silent.

“It was remarkable at every turn what we uncovered,” she said, when it came to the extent of sexual harassment problems in many different settings. Twohey, who has a 14-month-old daughter, said she hopes the revelations reported by the Times and other  news organizations will mean her daughter will not find herself years from now in workplaces where there are such problems.

“I think this has been a big teaching moment for families,” Twohey said.

To watch the hour-long conversation, click here.

To watch Gousha’s  interview with Twohey on the “Upfront with Mike Gousha” television program, click here.  

 

 

Continue ReadingReporter Describes Reporting Behind Story That Sparked the #metoo Movement