Chief Justice Roberts: Biskupic Describes Her Insightful Look at a Reserved Figure

Posted on Categories Federal Law & Legal System, Public, Speakers at Marquette, U.S. Supreme CourtLeave a comment» on Chief Justice Roberts: Biskupic Describes Her Insightful Look at a Reserved Figure

Joan Biskupic says her fourth book about a member of the United States Supreme Court involved “my most difficult subject” – Chief Justice John Roberts. But, perhaps in good part for that reason, it is also attracting much attention.

Roberts is “a very reserved individual,” Biskupic said during an “On the Issues with Mike Gousha” program in the Lubar Center at Marquette Law School on Tuesday. “There’s a lot that you see, but much more that’s held back.” She had the benefit of eight interviews, covering more than twenty hours, with Roberts, but she said she wonders still about what is not known about him.

However, Biskupic’s newly-published biography, The Chief: The Life and Turbulent Times of Chief Justice John Roberts, does offer a lot, some of it not reported previously, about Roberts, who has been chief justice since 2005.

And in addition to a richly detailed description of Roberts’ life, the book breaks new ground in describing how Roberts came to be the decisive vote in upholding the constitutionality of the Affordable Care Act, often known as Obamacare, in 2012. Biskupic describes how he initially took positions opposing the constitutionality of the law during the court’s work on the case, then switched his views.

“I think he definitely did not want the whole law to go down,” she said. “I’m fine with saying I don’t know why, for sure.”

Continue reading “Chief Justice Roberts: Biskupic Describes Her Insightful Look at a Reserved Figure”

Israel Reflections 2019 – Yad Vashem

Posted on Categories Human Rights, International Law & Diplomacy, Judges & Judicial Process, Public, Religion & LawLeave a comment» on Israel Reflections 2019 – Yad Vashem

View looking out over the Israeli countryside of rolling hills and trees from within the Holocaust Memorial.The day after our interesting trip to Palestine we visited Yad Vashem, Israel’s holocaust memorial. Many of the students on the trip had learned about the Holocaust in school and visited the Holocaust museum in D.C., but nothing could really prepare them for this experience. In advance, I had each student research someone on the Avenue of the Righteous to understand choices made during World War II.  Jordan Janikowski thought:

One beautiful memorial that served as a beacon of hope was the Avenue of the Righteous, a garden of trees dedicated to individuals and families who risked their lives in order to help save others during the holocaust. This serves as a reminder that we all need to take responsibility in standing up for others although it is still incomprehensible how such an inhumane tragedy could have occurred, there are many parallels to today’s society. It is important that we continue to educate ourselves about the past to ensure that these kinds of atrocities never happen again.

One of the many breathtaking moments in the museum at the end in the Hall of Names. Kelly Krause noted:

As you stand on a platform, pictures of 600 Jewish victims are above you and below the platform is a well. Around you there are binders that contain approximately 2.2 million pages of testimony about the more than 6 million Jews who perished in the Holocaust. Sadly the room is not full, recognizing that some of the names of those who perished have not been discovered..In this room I felt the impact and scale of the Holocaust far more than any museum, film, or book has made me feel before. Exiting this room, you once again walk into light, but this time it’s the light from the view of the State of Israel. This view of the Jewish state looks different than the one when you entered the museum, in more ways than one.

Before we left Yad Vashem we heard from Professor Amos Hausner, son of Gideon Hausner, the lawyer who prosecuted Adolf Eichmann. Professor Hausner spoke to the students about the trial, and international criminal justice reform. Steve Deguire reflected on one particular remark:

His father felt the prosecution and execution of Eichmann had not been successful because he saw no indications of a deterrence effect from the trial in preventing genocides…This statement remains true to this day with modern day genocides, (i.e. Myanmar, South Sudan, and Central Africa); the handful of prosecutions to actually occur will not be sufficient to deter genocide. The example provided by the Eichmann trial will remain a standard for the international criminal justice system when dealing with genocide.

Cross-posted at Indisputably.org

Israel Reflections 2019–A Visit to Palestine

Posted on Categories International Law & Diplomacy, Marquette Law School, Mediation, Negotiation, PublicLeave a comment» on Israel Reflections 2019–A Visit to Palestine

On Sunday afternoon, we headed to the West Bank aka Palestine, and again had an amazing new experience for me.   It was also pretty impactful for the students as you will read below.  We had with us for the entire afternoon, the very talented Riman Barakat, a Fulbright scholar who completed her studies at Marquette and perennial speaker to our group.  As a native of East Jerusalem, Riman also serves as a Director for East Jerusalem and Palestinian Relations for Jerusalem Season of Culture. Continue reading “Israel Reflections 2019–A Visit to Palestine”

The Marquette Law Review is Quoted by CNN News

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Marquette Law Review CoverA quote from and a link to a student-written comment in the Marquette Law Review made it into a CNN story this week.

CNN reported that on Friday President Trump criticized the Flores Settlement. According to CNN, he said, “We’ve had some very bad court decisions. The Flores decision is a disaster, I have to tell you. Judge Flores, whoever you may be, that decision is a disaster for our country. A disaster.”

The Flores Settlement, a settlement agreement from Reno v. Flores that limits the amount of time that immigrant children can be detained and governs the conditions under which those children can be detained, is actually named after the plaintiff in that case, Jenny Lisette Flores. Flores had fled El Salvador as a teenager.

CNN then briefly explained the Flores case, quoting from the comment, Codifying the Flores Settlement Agreement: Seeking to Protect Immigrant Children in U.S. Custody:

[Flores] fled her country in 1985 and tried to enter the United States to be with her aunt. The former government agency Immigration and Naturalization Service arrested her at the border, and she was placed in a juvenile detention center, where she was handcuffed and strip-searched, according to the Marquette Law Review. The INS refused to grant her aunt custody of Jenny because it wouldn’t release minors to “third-party adults,” the law review article said.

The link brought readers to the 2012 comment authored by Rebeca M. López (L’12), who was then a student at Marquette University Law School. Lopez is now an associate attorney at Godfrey & Kahn, S.C., in Milwaukee.

*Hat tip to Tyler Wickman (L’08) for noticing the CNN story. Tyler will be our May Alumni Blogger of the Month.

Jenkins Honors Moot Court Competitors Advance to Finals

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Congratulations to the students in the Jenkins Honors Moot Court Competition who have moved on to the final round of the competition, to be held Thursday, April 11, at 5:15 p.m.

The following teams will be competing in the semifinals:

Nicholas Wanic and Luis Gutierrez

Brooke Erickson and Micaela Haggenjos

The final round will be judged by The Honorable Charles Wilson (U.S. Court of Appeals for the Eleventh Circuit), The Honorable Daniel Kelly (Wisconsin Supreme Court), and The Honorable Lisa Stark (Wisconsin Court of Appeals).

The Jenkins Completion is named in honor of the late James G. Jenkins, the first Wisconsin judge of the United States Court of Appeals for the Seventh Circuit (1893-1905) and the first dean of Marquette Law School (1908-1915).

The event is free and open to the public, but registration is required. You can register with this on-line registration link.

Jenkins Honors Moot Court Competitors Advance to Semifinals

Posted on Categories Legal Education, Legal Writing, Marquette Law School, Public1 Comment on Jenkins Honors Moot Court Competitors Advance to Semifinals

Congratulations to the students in the Jenkins Honors Moot Court Competition who have moved on to the semifinal round of the competition. The students will be competing tomorrow, Sunday, April 7 at 10 a.m. to determine which two teams will be advancing to the final round on Thursday, April 11, at 5:15 p.m.

The following teams will be competing in the semifinals:

Nicholas Wanic and Luis Gutierrez

Julie Leary and Elizabeth Elving

Brooke Erickson and Micaela Haggenjos

Cole Dunn and Peter Klepacz

The final round of the Jenkins competition will take place on Thursday, April 11, at 5:15 p.m. in the Lubar Center. The final round will be judged by The Honorable Charles Wilson (U.S. Court of Appeals for the Eleventh Circuit), The Honorable Daniel Kelly (Wisconsin Supreme Court), and The Honorable Lisa Stark (Wisconsin Court of Appeals).

The event is free and open to the public, but registration is required. You can register with this on-line registration link.

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

Remembering Professor Ray Klitzke

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Headshot photo of Professor Ray Klitzke wearing a suit and tie.The Marquette Law School community was saddened to learn of the death March 29 of Emeritus Professor of Law Ramon (“Ray”) Klitzke.  He was 90 years old.

Named by his mother after silent screen star Ramon Novarro, Ray had ramrod straight posture and an athletic build.  He was a competitive swimmer and diver throughout his life.  He cut a dashing figure in the hallways of Sensenbrenner Hall, not unlike his namesake.

Ray was a devoted teacher and scholar.  Ray also served the Wisconsin State Bar in a variety of capacities during his career, serving at various times as Reporter for the Local Government Section, Reporter for the Administrative Law Section and Chairman of the  Patent, Trademark & Copyright Section.  During Ray’s tenure as a full time faculty member, I doubt that there was a single Annual Meeting of the Wisconsin State Bar that did not include Ray on the agenda in some form, usually as a presenter providing an update on recent legal developments in his field.

Ray retired from the Marquette Law School faculty in 1994.

I valued ray as a friend, as a colleague, and as a valuable contributor to the Wisconsin legal community.  He leaves his wife Doris, his children Ramon, Albert and Ann and their spouses, and an extended family of grandchildren and great grandchildren.

Services will be held tomorrow April 5 at Saint John’s Lutheran Church in Brookfield.  More information about Ray’s life, the visitation and services is available here.

 

Israel Reflections 2019–Holy Sites in the Old City

Posted on Categories International Law & Diplomacy, Legal Education, Marquette Law School, Public, Religion & LawLeave a comment» on Israel Reflections 2019–Holy Sites in the Old City

On our second full day in Israel, we visited the Old City to gain perspective at how the crossroads of religion all seem to meet here. And, for the first time, we could actually ascend to the top of the Temple Mount to see the Dome of the Rock up close. (I had not been able to do this since 1992!)

Haley Stepanek was in awe of how “Billions of people revere this site as one of the holiest on earth: for Muslims, Temple Mount contains the Dome of the Rock and Al-Aqsa Mosque; for Jews, it is the site where Abraham sacrificed his son Isaac to God,” and the site of the first and second Temples. In fact, our visit to the Temple Mount happened just days before it was again temporarily closed when news broke that a Molotov cocktail was thrown on the grounds of Temple Mount. This event, and many events that happened around us while we were on this trip, gave everyone a sense of how present the conflict is. Continue reading “Israel Reflections 2019–Holy Sites in the Old City”

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