Conference on Chicago Megacity and the Great Lakes Covers a Big Waterfront

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Great Lakes water collaboration, Great Lakes water wars, Great Lakes water problems, Great Lakes water improvement, the Great Lakes of today, the Great Lakes of one hundred years from now – all of these were focal points Tuesday of a half-day conference at Marquette Law School titled “Lake Michigan and the Chicago Megacity in the 21st Century.”

The Marquette Water Law and Policy Initiative and the Milwaukee Journal Sentinel cosponsored a conference focusing on the Chicago megacity – southeastern Wisconsin, northeastern Illinois, and northwestern Indiana – in 2012 and a conference on public attitudes about the region in 2015. During the same period, the Law School has developed a water law and policy initiative, led by Professor David Strifling.

In opening remarks on Tuesday, Joseph D. Kearney, dean of Marquette Law School, said the conference brought together the Law School’s megacity and water policy interests and was “a continuing step in our efforts to become a leading center for the exploration of water law and policy issues.” Strifling and David Haynes, Solutions for Wisconsin Editor of the Journal Sentinel, were the principal organizers of the conference.

A sampling of the discussion:

Great Lakes water collaboration: Randy Conner, water commissioner of the City of Chicago, said he thought there was a good level of collaboration among the water authorities in the region, but there could be more. There was general agreement that working together on issues related to protecting the lakes and using them wisely was good — although ultimately almost every community has its own specific needs. (When it came to building collaboration, there may have been some tangential benefits of the conference. After the session ended, Conner and Jennifer Gonda, superintendent of the Milwaukee Water Works, were seen in the Zilber Forum of Eckstein Hall having a lengthy one-on-one conversation.)

Great Lakes water wars: Peter Annin gave a keynote address that focused on battles going back more than a century and continuing until this moment about diversions of water from the Great Lakes. Annin is co-director of the Burke Center for Freshwater Innovation and director of environmental communication at Northland College in Ashland, WI. He also is author of a 2007 book, The Great Lakes Water Wars, which he is updating.

“The Chicago megacity is the front line in the Great Lakes water wars,” he said. “I think we’re just going to continue to see more of it.” He recounted the controversy over using Lake Michigan water to supply much of Waukesha, Wis., and the current debate over whether the Foxconn factory planned for Racine County should be allowed to use millions of gallons a day of Lake Michigan water. The planned factory site straddles the boundary of the Lake Michigan watershed. (Click here to read a piece Annin wrote about the Foxconn issue for the Journal Sentinel.)

Great Lakes water problems: Molly Flanagan, vice president-policy of the Alliance for the Great Lakes, based in Chicago, said a proposal to cut out the US Environmental Protection Agency from oversight of ballast dumping by ocean-going ships when they are in the Great Lakes is before Congress now. Ballast dumping has been the way some harmful invasive species have entered the Lakes. Giving the US Coast Guard sole oversight would harm the fight against such invasions, she said. Dan Egan, senior water policy fellow at the University of Wisconsin-Milwaukee and author of the 2017 book, The Death and Life of the Great Lakes, amplified on her concerns, saying that the only thing the Coast Guard cared about in the water was sailors.  (Click here to read a Journal Sentinel story by Egan on the issue.)

Great Lakes water improvement: While Egan sounded warnings about several major concerns about the state and future of the Great Lakes, he said things had in some important ways improved in recent years when it came to water quality, use, and recreational opportunities. He contrasted the low use of Bradford Beach along the lakefront in Milwaukee years ago, when there were more problems with things such as dead fish, sewer overflows, and algae, with the large crowds of people using the beach in recent years.

The Great Lakes of today: A panel discussion on the Great Lakes as a tool for economic development in the megacity region included descriptions by economic development advocates from Milwaukee and Chicago not only of the advantages of siting the nation’s top water technology cluster near an abundant supply of water, but the need to use the water “wisely and carefully,” as Dean Amhaus, president and CEO of The Water Council, based in Milwaukee, put it. That call was underscored by Bob Schwartz, senior policy advisor to the consulate general of Israel to the Midwest, who talked about the world-leading technologies related to water that have been pursued in Israel and about avenues for increasing involvement between Israel and the Midwest on water-related work.

The Great Lakes of a hundred years from now: Michael R. Lovell, president of Marquette University, recounted to the audience a conversation he had several years ago with the head of Kikkoman Foods, the Japanese company known for its soy sauce. Kikkoman located a plant in Walworth County, southwest of Milwaukee. The Kikkoman leader said one reason the company did that was because it believed that one hundred years from now, the population base of the United States would be focused in the Midwest. A big reason will be the value of water. Another reason was “to make great soy sauce, you need great water.” Lovell urged the participants in the conference to think about what should be done to see that water is available in good supply and quality a century from now.

Video of the conference may be viewed by clicking here.

 

The Legal Process Sea-Change

Posted on Categories Intellectual Property Law, Judges & Judicial Process, Legal History, PublicLeave a comment» on The Legal Process Sea-Change

In the 1950s the active bench of the Second Circuit experienced nearly a complete turnover, one that changed how the judges approach copyright law.

Illustration of Ariel's Song from The TempestThere’s an old joke about scientific progress: that science advances one funeral at a time. The same might be said about judicial philosophies. Some judges might be persuaded to change their views over time, but it is just as likely, if not more, that change occurs through a changing of the guard. So it was with the Second Circuit in the 1960s. The Second Circuit had had a remarkably stable bench during the 1940s, when Learned Hand was the chief judge. Four of them, Hand, Hand’s cousin Augustus, Harrie Chase, and Thomas Swan served together in active or senior status for twenty-five years, from 1929 to 1954. The remaining two, Charles Clark and Jerome Frank, were with them from 1940 on.

But within six years in the 1950s, the active bench of the Second Circuit experienced nearly a complete turnover, except for Clark. The new judges, who included Henry Friendly, J. Edward Lumbard, Irving Kaufman, and Thurgood Marshall, obviously had different educational and professional experiences from those of the judges they replaced. What truly distinguished the new group, however, is that they had a very different approach to judicial decisionmaking, and in particular the proper role of discretion. No longer were the Second Circuit judges comfortable with leaving important substantive decisions on the merits of a claim to case-by-case equitable balancing. In the 1960s, the Second Circuit began crafting multi-part tests to replace the vague standards that had come before, to force lower courts and later panels to elaborate the reasons for their decisions. Whether they consciously subscribed to it or not, the new judges were heavily influenced by Legal Process ideology.  Continue reading “The Legal Process Sea-Change”

2018 Jenkins Honors Moot Court Competitors Advance to Finals

Posted on Categories Legal Education, Legal Profession, Legal Writing, Marquette Law School, PublicLeave a comment» on 2018 Jenkins Honors Moot Court Competitors Advance to Finals

Congratulations to the 2018 Jenkins Honors Moot Court Competition finalists.  The teams advancing to the final rounds on April 19 are as follows:

Killian Commers and William Ruffing v. Olivia Garman and Sarita Olson

We appreciate the judging assistance in the semifinal round of the Hon. Michael Aprahamian, Hon. William Duffin, Hon. Beth Hanan, Hon. Michael Halfenger, Hon. Nancy Joseph, and Atty. Brent Nistler.

Spring in Wisconsin: Slight Chance of Showers with a Great Chance of Heavy Advertising

Posted on Categories Civil Rights, Judges & Judicial Process, Political Processes & Rhetoric, PublicLeave a comment» on Spring in Wisconsin: Slight Chance of Showers with a Great Chance of Heavy Advertising

This semester in Professor Lisa Mazzie’s Advanced Legal Writing: Writing for Law Practice seminar, students are required to write one blog post on a law- or law school-related topic of their choice. Writing blog posts as a lawyer is a great way to practice writing skills, and to do so in a way that allows the writer a little more freedom to showcase his or her own voice, and—eventually for these students—a great way to maintain visibility as a legal professional. Here is one of those blog posts, this one written by 2L Randy Jones.

In Wisconsin, the weather may serve as an indicator of spring. I say “may” because the weather often teases us. Most people would say indicators of spring are pollen or budding of trees, bushes, and flowers. For some, it’s the lake trout (Steelhead) swimming up the rivers to spawn. But a sure indicator is political advertising, even for positions that should not be political. I began to wonder why I am seeing so many advertisements. It seemed to me that everywhere I looked, even scrolling down Facebook, I was being shown an advertisement (subconsciously) telling me to vote for Judge Rebecca Dallet for Supreme Court.

Every spring, Wisconsin has an election. Sometimes the election is for judges, for school board representative, and sometimes for state superintendent. Wisconsin has a problem: voter turnout in Wisconsin primaries has been historically low, even sometimes for a presidential race. Continue reading “Spring in Wisconsin: Slight Chance of Showers with a Great Chance of Heavy Advertising”

Congratulations to the 2018 Jenkins Honors Moot Court Competition Semifinalists

Posted on Categories Legal Education, Legal Practice, Legal Writing, Marquette Law School, PublicLeave a comment» on Congratulations to the 2018 Jenkins Honors Moot Court Competition Semifinalists

Congratulations to the students in the 2018 Jenkins Honors Moot Court Competition who advanced from the quarterfinal round to the semifinal round.  These students will be competing at 1 p.m. today:

William Ruffing & Killian Commers v. Alexander Hensley & Claudia Ayala
Jehona Osmani & Emily Gaertner v. Sarita Olson & Olivia Garman

Congratulations to all the teams who competed in the quarterfinals.  We appreciated the judges coming out to hear the oralists.  Among the judges were a number of Jenkins and moot court alumni, including Natalie Schiferl, who came all the way from Minnesota to judge with her Jenkins partner, Mary Youssi.

Best of luck to the semifinalists!

Professor Atiba Ellis to Join Marquette Law in Fall 2018

Posted on Categories Legal Education, Marquette Law School, Public2 Comments on Professor Atiba Ellis to Join Marquette Law in Fall 2018

Prof Atiba Ellis Many in our community will recall Professor Atiba Ellis, who served as Boden Visiting Professor at the Law School during the fall 2017 semester.  He will return to the Law School for the fall 2018 semester—this time as professor of law and a member of the permanent faculty.  We are delighted that he will be joining us.

During his semester as the Boden visitor, Professor Ellis taught a course entitled Contemporary Issues in Civil Rights.  He also participated broadly and enthusiastically in the Law School community, including by delivering a faculty workshop, serving as a featured guest for one of Mike Gousha’s “On the Issues” sessions, and being consistently present in the common areas of Eckstein Hall for engagement with students and colleagues.

Professor Ellis joins Marquette Law School from the law school at West Virginia University, where he has been a member of the faculty since 2009.  In 2017, in addition to his semester at the Law School, he served as a Visiting Scholar at Duke University Law School.  Professor Ellis has taught courses in the areas of Election Law, Civil Rights Law, Race and the Law, Property, and Trusts and Estates.  His research and scholarship has focused on voting rights law and theory, critical legal theory, and legal history.  He is a well-established and highly regarded scholar whose work relates directly to matters of great present concern within Milwaukee and Wisconsin more generally.

Please join me in welcoming Professor Ellis (back) to Marquette University Law School.

Learned Hand: You’re Reading Him Wrong

Posted on Categories Intellectual Property Law, Judges & Judicial Process, Legal History, PublicLeave a comment» on Learned Hand: You’re Reading Him Wrong

Learned Hand wasn’t as skeptical of a court’s ability to decide issues of fair use and substantial similarity as he is often portrayed.

Photo of Judge Learned HandPossibly no judge had a greater influence on copyright law in the twentieth century than Learned Hand. Nichols v. Universal Pictures and Peter Pan Fabrics are foundational cases in most textbooks; Sheldon v. MGM and Fred Fisher v. Dillingham used to be. And although he did not write the opinion, Hand was on the panel that decided Arnstein v. Porter.

Part of the reason for Hand’s enduring popularity is that he was a brilliant writer, and his aphorisms about copyright law continue to appeal to a skeptical age. In Nichols, he famously declared with respect to the distinction between uncopyrightable idea and copyrightable expression, “Nobody has ever been able to fix that boundary, and nobody ever can.” In Shipman v. RKO Pictures: “The test is necessarily vague and nothing more definite can be said about it.” In Dellar v. Samuel Goldwyn, Inc., decided per curiam but attributed to Hand: “[T]he issue of fair use … is the most troublesome in the whole law of copyright.” In Peter Pan Fabrics v. Martin Weiner Corp.: “The test for infringement of a copyright is of necessity vague…. In the case of designs, which are addressed to the aesthetic sensibilities of an observer, the test is, if possible, even more intangible.”

To modern ears, these sound like (and are often quoted as) criticisms of copyright law. A vague, ineffable test is an unworkable test, one that offers no guidance to lower courts or juries and is therefore hardly better than no test at all. But to read Hand in this way to read him anachronistically. Continue reading “Learned Hand: You’re Reading Him Wrong”

A Simple Wardrobe for a Complex Profession

Posted on Categories Legal Practice, Legal Profession, Public3 Comments on A Simple Wardrobe for a Complex Profession

man in a business suitThis semester in Professor Lisa Mazzie’s Advanced Legal Writing: Writing for Law Practice seminar, students are required to write one blog post on a law- or law school-related topic of their choice. Writing blog posts as a lawyer is a great way to practice writing skills, and to do so in a way that allows the writer a little more freedom to showcase his or her own voice, and—eventually for these students—a great way to maintain visibility as a legal professional. Here is one of those blog posts, this one written by 3L Corey Westfall.

A lawyer wears—what does a lawyer wear? I ask you that question after my roommate professed that “we are going to be lawyers soon, so we should dress like lawyers.”

If the 2017 American Bar Association (“ABA”) annual conference provided an entire session focused solely on fashion, fashion must be a real legal issue! ABA paid for a Brooks Brothers session that provided modeling, lectures, and a pamphlet.

And while Brooks Brothers used that session to advertise their “relatively affordable pieces” (do not be duped; there are more affordable options), Brooks Brothers also provided some useful tips: (1) stick to dark grey and dark blue suits/skirts; and (2) limit shirts to solid blue and solid white, and lightly patterned versions of blue and white. (Number (2) for women may have some slight variations in color, but not much.) Conservative tips, but safe nonetheless.

We law students are joining a profession older than we are, with fashion norms out-aging our already-outdated law school wardrobe! Continue reading “A Simple Wardrobe for a Complex Profession”

Give Attention to Concerns About Privacy Close to Home, Author Suggests

Posted on Categories Privacy Rights, Public, Speakers at MarquetteLeave a comment» on Give Attention to Concerns About Privacy Close to Home, Author Suggests

Yes, the furor over data from millions of Facebook users being used for political purposes is important. But just driving down the street raises important privacy issues also. And whether you can make sense of the Facebook issues, you could and probably should give attention to high-tech monitoring of your daily life.

That was the thrust of an “On the Issues with Mike Gousha” program Thursday in Eckstein Hall featuring Cyrus Farivar, author of a new book, Habeas Data: Privacy vs. the Rise of Surveillance Tech. Farivar is also a regular contributor to Ars Technica, which covers news related to technology.

Gousha introduced Farivar by saying that talking about technology and privacy is “a conversation that is perfect for our times.” In the week when great attention focused on Facebook CEO Mark Zuckerberg testifying at length before congressional committees, Farivar agreed. Continue reading “Give Attention to Concerns About Privacy Close to Home, Author Suggests”

Overheard Outside Eckstein Hall

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The following conversation was overheard this morning outside of the entrance to the parking structure in Eckstein Hall:

Parking Attendant:  I’m sorry, but you will have to back up your car.  The parking structure is full.

Faculty Member:  I can see past the gate.  There are plenty of empty spots.

Parking Attendant:  Those spots are reserved for faculty and students only.

Faculty Member:  But I have been on the faculty for 26 years.

Parking Attendant:  My apologies.  I didn’t recognize you.  However, those spots are reserved for today’s On the Issues with Mike Gousha.  He is interviewing the author of the book “Trump Bad: How to Sell Your Book By Using Trump’s Name in the Title.”

Faculty Member:  I happen to know that that event is tomorrow.

Parking Attendant:  My mistake.  Today those spots are reserved for people attending Charles Franklin’s press conference.  He has new poll results: “Public Support for Cheese Curds Reaches Record Low in Wisconsin.”

Faculty Member:  I think that you made that up. Continue reading “Overheard Outside Eckstein Hall”

The Need to Educate the Nonlegal Public About Lawyers and the Legal System

Posted on Categories Alumni Contributor, Legal Practice, Public, Wisconsin Law & Legal System2 Comments on The Need to Educate the Nonlegal Public About Lawyers and the Legal System

Gavel and BenchJust over fourteen months have passed since I first appeared in a Milwaukee County courtroom as a newly minted (Marquette) lawyer. Rolling the clock back another two and a half years, I recall my first few days as a law student. In all, I’m nearly four years into what I hope will be a long and eventful career in the law.

Over these last four years—this last year, in particular—I’ve found myself often making the same two observations. Though I don’t suspect that either of my observations are especially unique, both are surely the product of spending so many of my days in and around our state’s most active courthouse.

The first of these observations is one I began to consider very early on during my time at Marquette: we (society in general, but lawyers and others inside the legal system more specifically) must do more to educate and inform all those individuals who too often lack even the most rudimentary understanding of what it means to be a nation of laws. Continue reading “The Need to Educate the Nonlegal Public About Lawyers and the Legal System”

Hindsight into My Legal Education: Respect the Past But Look Toward the Future

Posted on Categories Legal Education, PublicLeave a comment» on Hindsight into My Legal Education: Respect the Past But Look Toward the Future
Ben and son fishing
Ben and his son, fishing on Pewaukee Lake.

While looking back on how I came to law school and why I came to law school, I have come to believe that law school is both one of the best choices I have ever made and one of the worst.

This may seem like a statement that the law school will not want conveyed but it is true for me. While many if not most law students either dream about being lawyers or working in a career field that requires a law degree, I have never actively imagined myself to be a lawyer. Instead I view law school as a means to an end. Continue reading “Hindsight into My Legal Education: Respect the Past But Look Toward the Future”