Garry Wills to Speak at Marquette Law School

Posted on Categories Constitutional Interpretation, Constitutional Law, Legal History, Marquette Law School, Political Processes & Rhetoric, Public, Speakers at MarquetteLeave a comment» on Garry Wills to Speak at Marquette Law School
Author Garry Wills dressed in a suit and tie speaks at a public event.
Author Garry Wills

On April 18 at 4 pm Pulitzer Prize winning author Garry Wills will speak at the Marquette University Law School.  The topic of his talk is “Does Democracy Protect Human Rights? Constitution vs. Plebiscite.”

The event is sponsored by a grant from the UW Stout’s Center for the Study of Institutions and Innovation.

Garry Wills is Professor Emeritus of history and a cultural historian at Northwestern University. His many books include studies of George Washington, Richard Nixon, the Kennedy family, Ronald Reagan, and religion in America. His 1992 book, “Lincoln at Gettysburg: The Words That Remade America,” won the 1993 Pulitzer Prize for General Nonfiction and the 1992 National Book Critics Circle Award for Criticism. Wills won the 1979 Merle Curti Award from the Organization of American Historians and the 1978 National Book Critics Circle Award for General Nonfiction for his 1978 book, “Inventing America: Jefferson’s Declaration of Independence.” Wills has also been awarded the National Humanities Medal, and he was inducted as a laureate of The Lincoln Academy of Illinois and awarded the Order of Lincoln. His most recent book is “What The Qur’an Meant and Why It Matters.”

The event is free and open to the public, but advance registration is requested.

 

Giessen is a Go!

Posted on Categories International Law & Diplomacy, Legal Education, Marquette Law School, Public, UncategorizedLeave a comment» on Giessen is a Go!
About 30 law students in semi-formal attire pose in a group photo in front of an administration building at Justus Liebig University.
Group Photo of the 2014 Participants in the Giessen Program

The 2019 Summer Session in International and Comparative Law, commonly know at the Marquette University Law School as “the Giessen Program,” has been approved and will take place July 20 through August 15   on the campus of Justus Liebig University in Giessen, Germany.

There are still a small number of spots available for additional Marquette law students, students at the University of Wisconsin Law School, and students from other U.S. law schools.  Information on the program is available at the Marquette University Law School website or by emailing Professor Ed Fallone at edward.fallone@marquette.edu.

If you are interested in applying for the 2019 program, do not delay.

 

Israel Reflections 2019 Day Two: Masada, the Dead Sea and Dialogue

Posted on Categories International Law & Diplomacy, Negotiation, Political Processes & Rhetoric, Public, Religion & Law, UncategorizedLeave a comment» on Israel Reflections 2019 Day Two: Masada, the Dead Sea and Dialogue

About twenty young people in casual dress surround a Marquette University flag at Masada in Israel.On Day 2 of our magical trip to Israel we visited Masada and the Dead Sea. As student Alexander Hensley put it “[It] was the perfect way to kick off this trip.” (Let me note to all travelers, a day in the sun outside is quintessential jetlag recovery!)

The story of Masada is one that flies under the radar for many non-Jewish people but is fascinating to learn its history. The isolated plateau that is Masada has a history of being a fortress, built into a palace by Herod and then used as the last holdout by the Jews fighting the Romans in 70 A.D.  Today it is one of Israel’s largest tourist attractions not only for its history but the beauty of it rising up in the desert.  Alex Hensley “absolutely loved standing over the Dead Sea and looking down at the ramp that the Romans built.” Our tour guide Yoav expertly guided the group across the fortress in record time. As student Cole Altman so aptly stated “To be able to share its beauty and joy with the entire group was absolutely incredible.”

We then headed toward the Dead Sea to float. Many of the students decided to “farm” the mineral rich mud to rub all over their bodies. The mud makes your skin extremely smooth and floating was definitely a highlight of the trip for many students.

Law students in bathing suits stand and wave in the waters of the Dead Sea.

After a rest, we then started our more academic visits on Saturday evening.  We heard from Dr. Alick Isaacs  who is the Co-director of Siach Shalom (translated as Talking Peace).   This is an organization that works to create dialog about peace using religion rather than arguing to take the religion out of the conflict and tries to include and welcome religious leaders who have been dissenting voice against previous peace efforts inside Israel. Dr. Isaacs is the author of A Prophetic Peace: Judaism, Religion, and Politics which recounts his experience as a combat soldier in the Second Lebanon War.  Dr. Issacs’  talk included snippets of how he made “Aliyah” (The immigration process for Jew’s to move to Israel) after dealing with anti-Semitism in England growing up, and discussed Judaism as an ethnic identity.  (Here is a link to a talk he gave several years ago) Student Van Donkersgoed explained that hearing Dr. Isaacs speak “Helped form the context for much of the trip, and also helped clarify my perception of Jewish culture and the State of Israel.”

Cross-posted at Indisputably.org

Israel Reflections 2019: Let’s Do This!

Posted on Categories International Law & Diplomacy, Political Processes & Rhetoric, Public, Religion & Law, UncategorizedLeave a comment» on Israel Reflections 2019: Let’s Do This!

Hi blogosphere–it is my pleasure to start us off with blogging about this year’s spring break trip. We had 40, yes 40!, law students on this trip with four faculty. And it was a great group.

Per usual, we started off on Friday night with a lookout over Jerusalem where we all celebrated our safe and easy arrival.

View overlooking the City of Jerusalum with homes and low buildings in the distance and a large golden domed building. Then we visited the Western Wall to see the prayers at Shabbat. This can be both beautiful and unsettling, as men and women are separated. And, as we had arrived on International Women’s Day, the difference was even more notable.

As student Madison Mears noted, “The [smaller] women’s side was crowded and silent; the only noise filling the women’s area came from the prayers, songs, and chants of the men from the other side of the fence…To experience that dichotomy of expression and repression, left me walking away with more questions…” This impact of religion and gender continued to be a theme throughout the week as was the fact that we often left with more questions than when we came.

The Israeli flag flies in a courtyard outside of a brick building. Student Micaela Bear also noted how the separation of the sexes led to questions by her classmates but also wrote, “As a Jewish student at a Jesuit law school, it was hard to fathom that my cohorts of different religions would feel such a special connection to a Jewish holy site. It filled my hear with warmth to experience the start of Shabbos with Jews of all denominations, but also to share this experience with my classmates.”

I felt the same way–what a privilege to be able to share a place I love with a new group of students!

Cross-posted at Indisputably.org

Jenkins Honors Moot Court Competitors Advance to Quarterfinals

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

Congratulations to the students in the Jenkins Honors Moot Court Competition who have moved on to the quarterfinal round of the competition. The students will be competing on Saturday, April 6 at 2:30 p.m. to determine which teams will be advancing to the semifinal round on Sunday, April 7 at 10:00 a.m.

The following teams will be competing in the quarterfinals:

Nicholas Wanic and Luis Gutierrez

Julie Leary and Elizabeth Elving

Allison Mignon and Mikal Roberson

Emily Turzinski and Brighton Troha

Brooke Erickson and Micaela Haggenjos

Adam Vanderheyden and Jason Findling

Cole Dunn and Peter Klepacz

Marnae Mawdsley and Mitchell Kiffmeyer

Congratulations to all the participants in the competition. We also very much appreciate the alumni and other attorneys who volunteered to grade briefs and who served as judges in the four preliminary rounds. We appreciate their time and assistance every year.

The final round of the Jenkins competition will take place on Thursday, April 11, at 5:15 p.m. in the Lubar Center.

The Nanny State

Posted on Categories Business Regulation, Political Processes & Rhetoric, Popular Culture & Law, PublicLeave a comment» on The Nanny State

Ideological rhetoric not only lionizes heroes but also deplores villains.  It tells us what we should like and what we should hate.  Neoliberal ideologues, in this regard, typically praise deregulation, privatization, and the market economy while condemning the “nanny state” as especially villainous.  If we reflect critically on the nanny-state rhetoric, we might be able to limit the persuasiveness of one of neoliberalism’s most-favored notions and in the process recognize who is most powerful in our society.

For starters, casting anything related to a nanny in a negative light is curious.  Popular culture, after all, includes an abundance of perky, resourceful, and indomitable nannies, all of whom are devoted to the well-being of those under their care.  Thoughts of Mary Poppins, Fraulein Maria in “The Sound of Music,” and Nanny McPhee win a warm spot in just about everybody’s hearts.  I always enjoyed the resourcefulness of Fran Fine, who was played by the feisty Fran Drescher in the popular 1990s sitcom “The Nanny,” while my favorite boyhood nanny was the large anthropomorphic dog Nana in the Peter Pan stories.  She wore a charming bonnet, built castles out of toy blocks, and lovingly made the beds for the Darling children.

How and why does the image of a nanny become a negative one for the neoliberal ideologue? Continue reading “The Nanny State”

Conference on Youth Mental Health Strikes Hopeful Notes

Posted on Categories Public, Speakers at MarquetteLeave a comment» on Conference on Youth Mental Health Strikes Hopeful Notes

Coupled with an understanding of the seriousness of the issues, there was a sense of overall hopefulness at a conference on March 22 at Marquette Law School on youth mental challenges, including bullying and suicide.

An audience of about 200, many of them people who work with young people with mental health issues, heard that hopefulness not only from the professionals who spoke, but from a panel of four students who deal personally with mental health issues.

The students, ranging from one working on a graduate degree in counseling to a middle school student, described how they have made progress with their own issues, even as their challenges continue. And they emphasized the benefit of being open about mental health. Continue reading “Conference on Youth Mental Health Strikes Hopeful Notes”

Risky Precedents: A Brief Overview of the 2018 Wisconsin Lame Duck Laws & the Separation of Powers Doctrine

Posted on Categories Alumni Contributor, Public, Wisconsin Law & Legal System, Wisconsin Supreme Court1 Comment on Risky Precedents: A Brief Overview of the 2018 Wisconsin Lame Duck Laws & the Separation of Powers Doctrine

The Wisconsin Capitol in Madison, Wis.On December 14, 2018, outgoing Wisconsin Governor Scott Walker signed into law three bills that were rapidly passed by the Republican-held state legislature during an extraordinary session following the November 7, 2018 election that resulted in Democrats winning each statewide elected seat. Along with serving various other goals of the Republican legislative majority, the trio of so-called “lame duck” laws were designed to curb the powers of incoming Governor Tony Evers’ administration before he took office in the following ways:

  • Transfer control over leadership appointments to the Wisconsin Economic Development Corporation (“WEDC”) from the executive branch to the legislature until September 2019. Then-candidate Evers campaigned on disbanding the WEDC.
  • Grant the legislature power to intervene in lawsuits in circumvention of the Wisconsin Attorney General’s office when state statutes are challenged. This provision of the law provides for the use of taxpayer dollars to pay private lawyers to defend the interests of the Republican legislative majority.
  • Give the legislature the ability to sign off on and decide how to spend court settlements – a power traditionally held by the Attorney General’s Office.
  • Provide the legislature the power to permanently block any regulations written by the state’s numerous administrative agencies, which are part of the executive branch.
  • Require the executive branch to get permission from the legislature to make any policy changes within the state’s health care and public benefit programs.

Since December 14, 2018, several lawsuits have been filed raising various legal challenges to the measures imposed by the lame duck legislation. One of the primary legal challenges to the lame duck legislation is constitutional in nature – i.e., that much of the new legislation’s limiting effects on the executive branch violate the principle of separation of powers embodied in the Wisconsin Constitution. Continue reading “Risky Precedents: A Brief Overview of the 2018 Wisconsin Lame Duck Laws & the Separation of Powers Doctrine”

Congratulations to Marquette’s Sports Law Moot Court Team

Posted on Categories Legal Practice, Legal Writing, PublicLeave a comment» on Congratulations to Marquette’s Sports Law Moot Court Team

The Marquette Sports Law Moot Court team advanced to the Octofinals of the 2019 Mardi Gras Sports Law Invitational Competition hosted by Tulane University Law School. Please congratulate team members Killian Commers, Hannah Compton, and Alexander Hensley. Professors Matt Mitten and Paul Anderson coached the team.  Kara Coppage and Tyler Coppage, who are former MU Mardi Gras Competition team members, coached and traveled with the team.  Tyler is pictured with the team.

Full(er) Disclosure: Wisconsin Invigorates the Brady Rule

Posted on Categories Constitutional Law, Criminal Law & Process, Public, Wisconsin Criminal Law & Process, Wisconsin Supreme Court1 Comment on Full(er) Disclosure: Wisconsin Invigorates the Brady Rule

Rugby player hiding ball under his shirtA Warren Court cornerstone has been “remastered and upgraded,” as they say, by the Wisconsin Supreme Court in a case that has riled the waters nationally. In Brady v. Maryland (1963), the Warren Court held that prosecutors must disclose exculpatory evidence to the defense. No hiding the ball. Over fifty years of case law, however, has occluded the rule with sundry conditions and qualifications that obscure its modest disclosure provision. More time is spent describing the ball than looking for it.

In State v. Wayerski (2019 WI 11), the Wisconsin Supreme Court scraped off Brady’s barnacles, overruled fifty years of precedent, and held that prosecutors must provide the defense with any information that is exculpatory or impeaching  — even if the defense could have found it as easily as the prosecutor. Continue reading “Full(er) Disclosure: Wisconsin Invigorates the Brady Rule”

3L Shannon Strombom Wins State Bar Outstanding Public Interest Law Student of Year Award

Posted on Categories Immigration Law, Legal Profession, Marquette Law School, Poverty & Law, Public1 Comment on 3L Shannon Strombom Wins State Bar Outstanding Public Interest Law Student of Year Award

head shot of Shannon StrombomShannon Strombom (3L) has been chosen as the winner of the State Bar of Wisconsin’s Outstanding Public Interest Law Student of the Year.

The criteria used to determine a winner of this award includes a demonstrated commitment to working in the public interest, public interest involvement before and during law school, exceptional volunteer work or activism in the community, and a commitment to helping others.

Strombom came to law school with a mission to help others, and she wasted no time getting involved. She started doing pro bono work in her first weeks as a 1L and has performed nearly 250 pro bono hours in seven different pro bono projects including the Marquette Volunteer Legal Clinics, Milwaukee Justice Center, Eviction Defense Project, Guardianship Clinic, Domestic Violence Project, U-Visa Project, and Youth Law Day. In other words, if a pro bono project is offered to students, Strombom signs up to do it.

Strombom is also the two-time recipient of a Public Interest Law Society fellowship. She has focused her fellowship work on immigration law, working one summer with Catholic Charities Legal Services for Immigrants and the next summer in the Arlington, Virginia, Immigration Court.

As for her plans after graduation, Strombom plans to build upon past experience and practice immigration law in a government, non-profit or small firm setting. Strombom particularly hopes to focus on family-based immigration law or humanitarian immigration law, such as asylum.

Strombom is an inspiration to us all. We are proud she will soon be a Marquette Lawyer.

Timbs v. Indiana: SCOTUS Hits the Brakes on Major Source of Revenue for States & Municipalities

Posted on Categories Alumni Contributor, Constitutional Law, Criminal Law & Process, Public, U.S. Supreme CourtLeave a comment» on Timbs v. Indiana: SCOTUS Hits the Brakes on Major Source of Revenue for States & Municipalities

Police Vehicle from Manchester, New HampshireStates and municipalities have increasingly relied on fines and forfeitures as a means to raise revenue, and the ability of law enforcement to impose fines and forfeitures for various criminal and civil offenses has largely gone unchecked by the federal government until recently. The United States Supreme Court’s February 20, 2019 decision in Timbs v. Indiana significantly limits the once broad leeway states and municipalities have enjoyed in imposing fines and forfeitures. Under Timbs, law enforcement must now be additionally cautious not to impose fines and forfeitures that are far out of proportion to the gravity of the offense committed. Continue readingTimbs v. Indiana: SCOTUS Hits the Brakes on Major Source of Revenue for States & Municipalities”