2017 Jenkins Honors Moot Court Competition Finals

Congratulations to the winners of the 2017 Jenkins Honors Moot Court Competition, Nate Oesch and Elisabeth Thompson. Congratulations also go to finalists A.J. Lawton and Ashley Smith.  Nate Oesch and Elisabeth Thompson additionally won the Franz C. Eschweiler Prize for Best Brief.  Ashley Smith won the Ramon A. Klitzke Prize for Best Oralist.

The competitors argued before a large audience in the Appellate Courtroom. Presiding over the final round were Hon. Paul J. Watford, Hon. James D. Peterson, Hon. Amy J. St. Eve.

Many thanks to the judges and competitors for their hard work, enthusiasm, and sportsmanship in all the rounds of competition, as well as to the moot court executive board and Law School administration and staff for their work in putting on the event. Special thanks to Dean Kearney for his support of the competition.  Thank you as well to the Moot Court Association for its work in putting this event together, and especially 3L executive board members Samuel (Micah) Woo, who organized the competition, and Chief Justice Barry Braatz.

Students are selected to participate in the competition based on their success in the fall Appellate Writing and Advocacy class at the Law School.

The final round may be viewed here.

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Saving by Investing in Civil Legal Aid

Kara is a single parent with two children. She works full-time, but still makes less than $1,500 each month. Kara’s boyfriend Jay, the father of one of Kara’s two children, lives with her, but does not always contribute to the household. In addition, he’s physically abusive to the family cat and to Kara. After the most recent incident where Jay pushed Kara into the wall and grabbed her arm so hard he left a bruise, Kara wants him to leave. And she wants a restraining order. But knowing who to call and where to go—and, most of all, how to pay for services she’ll need—is overwhelming her. If Kara lives in a state that invests in civil legal aid, she’ll have no problem finding resources and will be able to have a lawyer represent her—at little to no cost to her—at any court hearing she needs to get a domestic violence injunction.

While Kara’s story is merely illustrative—though many people experience circumstances like Kara’s every day—its larger point is important. Civil legal aid is a combination of services and resources that helps Americans of all backgrounds—including those who face the toughest legal challenges: children, veterans, seniors, ill or disabled people, and victims of domestic violence—to effectively navigate the justice system. Civil legal aid helps ensure fairness for all in the justice system, regardless of one’s ability to pay. It provides access to legal help for people to protect their livelihoods, their health, and their families. Civil legal aid makes it easier to access information through court forms; legal assistance or representation; and legal self-help centers. Civil legal aid also helps streamline the court system and cuts down on court and other public costs. When we say the Pledge of Allegiance, we close with “justice for all.” We need civil legal aid to ensure that the very principle our founders envisioned remains alive: justice for all, not the few who can afford it.

Our state has had a rocky history of funding civil legal aid programs. While the state did begin such funding, of late, that funding has since dropped precipitously. In 2007, for the first time in Wisconsin history, the legislature included nearly $2 million in the state budget for civil legal aid. In 2009, the funding was increased to just over $2.5 million. But in 2011, the funding was eliminated completely from the state budget. From 2012-2015, Wisconsin was one of just three states that did not provide any funding for civil legal aid for low income people. (The other two are Florida and Idaho.)

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International Conflict Resolution Trip to Israel: Perspectives from a Property Law Professor

An abandoned home in Lifta

I was fortunate to have gone on the Marquette University international spring break trip to Israel with Professors Schneider and Fleury and students in their Dispute Resolution Seminar. I attended the trip as a faculty guest without the benefit of being an expert in dispute resolution like my two colleagues or studying the Israeli-Palestinian conflict like the students enrolled in the seminar. Rather, my expertise is in the areas of tax and real estate law. Before embarking on the trip, I was excited to embrace the trip’s focus on dispute resolution, but I was also intent on learning as much as possible about my primary areas. I will limit my observations to real estate law.

One of the highlights of the trip was meeting with professors, justices of the Israeli Supreme Court, students, lawyers, historians, and other leaders. We also had two wonderful tour guides who provided us with a wealth of information during the entire trip. During our tour of Lifta, an abandoned Palestinian village in Jerusalem, I learned that the government owned approximately 90% of Israeli land. Therefore, most homeowners build their homes on land that is leased from the government under 99-year ground leases. The leases were executed post-1948; thus, none of them had expired. I asked the professor leading our tour of Lifta what would happen at the end of the lease terms. Her response was that no one really knew. In comparison, many long-term ground leases in the United States are renewable and include options to purchase. With the “bundle of rights” that we place on property in the United States, I find this lack of clarity related to the Israeli leases to be a bit unsettling.

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