Congratulations to Marquette’s National Moot Court Competitors

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Marquette hosted the Region VIII round of the NMCC on November 17-18, 2018.

Please congratulate team members Jessica Delgado, Emily Gaertner, and Sarita Olson, who received the highest brief score in the competition and award for best Petitioner’s brief. The team advanced to the quarterfinals. Professor Rebecca Blemberg advised the team, and attorneys Bryn Baker, Veronica Corcoran, and Chal Little coached the team.

Please congratulate Claudia Ayala Tabares, Katie Bakunowicz, and Kelsey Stefka for placing in the semifinal round. I had the privilege of working with this team, and the team was coached by Attorneys Jason Luczak, Brianna Meyer, and Max Stephenson.

Continue reading “Congratulations to Marquette’s National Moot Court Competitors”

Compliance: The Emerging Career Path for Lawyers

Posted on Categories Alumni Contributor, Business Regulation, Corporate Law, Legal Practice, Legal Profession, PublicLeave a comment» on Compliance: The Emerging Career Path for Lawyers
Political cartoon from Puck Magazine in 1908 showing Moses holding the Ten Commandments and various business and Wall Street figures reacting with alarm.
From Puck Magazine, 1908. Various Wall Street figures react to Moses and the Ten Commandments.

When entering law school, and sometimes even before law school, students are put in front of this metaphorical “fork-in-the-road.”

Transactional or litigation?

In most law schools today, those are the two apparent options. However, this is just not the case anymore. There is at least one more, and emerging, option: the compliance route. It’s not completely transactional nor is it at all litigation. In some cases it takes ideas from both, and involves a bit of work in areas that would not necessarily be considered “practicing law.”

Oh, I’m sure I just hit a nerve for many of you. “Why would you go to law school and get into mountains of debt, and then get a job where you’re not completely practicing law?”

Bear with me and let me explain.

o In June 2016, a car manufacturer was forced to spend $14.7 billion to settle allegations of cheating emissions tests and deceiving customers on its diesel vehicles.

o In September 2016, a banking giant was hit with $185 million in fines by governmental authorities after thousands of its employees illegally opened unauthorized bank accounts. Earlier this year, new regulatory restrictions were imposed against the bank essentially halting the growth of the business until there has been sufficient improvement in its business practices. Continue reading “Compliance: The Emerging Career Path for Lawyers”

The Mirror of Racial Tyranny in The Civil Rights Cases

Posted on Categories Civil Rights, Constitutional Interpretation, Constitutional Law, Legal History, Public, Race & Law, U.S. Supreme CourtLeave a comment» on The Mirror of Racial Tyranny in The Civil Rights Cases
Political cartoon from the nineteenth century showing an African American holding a copy of the Civil Rights Act of 1875 while standing at the Gates of Heaven
This 19th Century Thomas Nast cartoon shows an African American at the Gates of Heaven, telling Saint Peter that the Civil Rights Act of 1875 opens all gates for him.  Nast’s caption calls on white churches to desegregate.

On the 135th Anniversary of the Supreme Court’s opinion in The Civil Rights Cases, it is worth reflecting on how that opinion — which came after Reconstruction but before Jim Crow—reflects the tensions at play today concerning how constitutional law can, through unrelenting formalism and a preference towards denying the power of the history of slavery and the salience of race, contributes to enduring white supremacy.
This week marks the 135th anniversary of the U.S. Supreme Court’s opinion in The Civil Rights Cases, 109 U.S. 3 (1883). While to some this is a mere historical footnote, the decision is worth remembering because it reflects the tensions at play today concerning how constitutional law can, through unrelenting formalism and a preference towards denying the salience of race, contributes to enduring structural oppression. The reasoning in The Civil Rights Cases is an object study in how to maintain white supremacy—and a mirror to our society today.

The opinion overturned the Civil Rights Act of 1875. It sought to protect recently freed African-American slaves from discrimination in the use of “inns, public conveyances on land or water, theaters, and other places of public amusement.” In striking down this nineteenth-century public accommodations law, thus allowing private businesses to deny services to African Americans because of their race, Justice Joseph P. Bradley, speaking for the 8-1 Supreme Court majority, made three arguments. Continue reading “The Mirror of Racial Tyranny in The Civil Rights Cases”

Meet Our November Bloggers

Posted on Categories Alumni Contributor, Marquette Law School, Public, Student Contributor, UncategorizedLeave a comment» on Meet Our November Bloggers
Headshot photo of law student Emily Gaertner
Emily Gaertner
Headshot photo of attorney Alen Lagazo
Alen Lagazo

We are happy to have two guests submitting blog posts during November.

Our Student Blogger of the Month is Emily Gaertner.  Emily is a 3L at Marquette University Law School.  She is Chief Justice of the Marquette Moot Court Association and Vice President of the Legal Writing Society.  During her time at Marquette Law School, Emily has competed in the Jenkins Honors Moot Court Competition, and will represent Marquette Law at the National Moot Court Competition.  Emily has also interned for Judge Paul Reilly at the Wisconsin Court of Appeals, District II, and currently interns for Judge Diane Sykes at the U.S. Court of Appeals for the Seventh Circuit.  Emily serves as a Student Ambassador and tour guide, and volunteers her time at the Domestic Violence Injunction Clinic.  Prior to coming to law school, Emily graduated from Indiana University of Pennsylvania in 2015 and earned a dual baccalaureate in philosophy/pre-law and criminology.

Our Alumni Blogger of the Month is Alen Lagazo.  Ioua Alen Marcyn Lagazo (“Alen”) serves as Compliance Counsel to CNH Industrial, a leading global manufacturing company for industrial equipment. In addition, he is a board member and co-Director of Social Media and Marketing for BYU Alumni Association – Chicago Chapter.

He is a 2018 graduate of Marquette University Law School, where he completed internships at SoftwareONE, BloodCenter of Wisconsin, BP Peterman Law Group, and CNH Industrial. He is a 2014 graduate of Brigham Young University, where he focused on international studies and business management. For 26 months between 2009 and 2011, Alen served a full-time voluntary assignment as a missionary for the Church of Jesus Christ of Latter-day Saints. Prior to that, in 2007, he received his Eagle Rank from the Boy Scouts of America.

Ioua Alen Marcyn has been married to Glenna for 6 years and together they have a daughter, Hermione, born just before entering law school. He enjoys spending time with his family, coaching his daughter’s soccer team, entertaining guests and networking. He also volunteers as an adult leader for the youth program for the Church of Jesus Christ of Latter-day Saints.

Welcome Emily and Alen!

Congratulations to the Marquette Law Mock Trial Team

Posted on Categories Labor & Employment Law, Marquette Law School, Public1 Comment on Congratulations to the Marquette Law Mock Trial Team

Congratulations to the Marquette Law Mock Trial Team who competed at the ABA Section of Labor and Employment Trial Advocacy Competition on November 3, 2018.

The team advanced to the Semi-final round of the competition, placing within the top four teams.  Team members include Cole Altman, Katie Dvorak, Dan McCrackin, and Rohit Rangarajan.  The team was coached by Katie Halopka-Ivery and Emil Ovbiagele.

Congratulations, Team!  We are proud of your hard work and success.

Wisconsin and the Startup Community: Why Attorneys and Law Students Should Become Engaged

Posted on Categories Business Regulation, Public, Student Contributor, Wisconsin Law & Legal SystemLeave a comment» on Wisconsin and the Startup Community: Why Attorneys and Law Students Should Become Engaged

Next week from November 5th to November 11th, Wisconsin is celebrating its Startup Wisconsin Week. Cities across the entire state of Wisconsin will be hosting programs and events geared toward helping Wisconsin grow its startup community. For the entrepreneurial-minded, this week provides an array of opportunities to network, learn tricks of the trade, and become more involved in the startup process. For transitionally focused attorneys, this week offers a variety of opportunities to meet new potential clients and learn more about how entrepreneurs can affect Wisconsin.

Wisconsin itself has a lot of success with maintaining new businesses. According to the Kauffman Index of Main Street Entrepreneurship, out of the 25 largest states, Wisconsin ranks second in small business activity. Out of this same group of states, Wisconsin also ranks fourth for the highest rate of female business owners and fourth with the highest rate of business owners between the ages of twenty to thirty-two.  Continue reading “Wisconsin and the Startup Community: Why Attorneys and Law Students Should Become Engaged”

Heartbroken in Pittsburgh

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I thought that teaching the Kavanaugh hearings in a careful and respectful manner a few weeks ago would be the biggest teaching challenge of the semester. I was wrong. This weekend, as you have all no doubt heard, a gunman with a history of anti-Semitic rants and far too many legally acquired guns in his possession, entered a synagogue and killed 11 people there in the middle of Saturday morning prayers.

Tree of Life is a synagogue in the heart of the Squirrel Hill neighborhood in Pittsburgh. This is my home. I went to Hebrew School at Tree of Life, my mom was a teacher there—it is one of several synagogues in this neighborhood that we have belonged to over the years and those killed are parents, cousins, dear friends of our community—two learning-disabled men, leaders of the synagogue, the list is too painful.

As the newspapers have noted, Squirrel Hill has been a Jewish enclave in Pittsburgh for years but that also misses the point of its diversity.  Continue reading “Heartbroken in Pittsburgh”

New Marquette Lawyer Magazine Examines War Powers, State Supreme Court Elections, Legal Scholarship Ethics, and More

Posted on Categories Legal Scholarship, Marquette Law School, President & Executive Branch, Public, Speakers at Marquette, Wisconsin Supreme CourtLeave a comment» on New Marquette Lawyer Magazine Examines War Powers, State Supreme Court Elections, Legal Scholarship Ethics, and More

The bald eagle symbolizes the strength of the United States, not least when the country uses its military power. The eagle on the cover of the Marquette Lawyer magazine, Fall 2018 issue, shows the determination, even the fierceness, of the eagle during times of war.

But the process involved in deciding where and how that eagle flies is more complex than many people may realize. In the cover story in the new Marquette Law School magazine, David J. Barron, judge of the U.S. Court of Appeals for the First Circuit and formerly a Harvard Law School professor, insightfully examines three chapters in American history when a president and leaders of Congress had differing positions on use of power. Barron focuses on three of the nation’s most revered presidents: George Washington, Abraham Lincoln, and Franklin D. Roosevelt. The article is an edited and expanded version of the E. Harold Hallows Lecture that Barron delivered at the Law School in April 2018. To read the article, click here.

Interspersed throughout the article are reactions by three individuals with different perspectives on the relationship between Congress and the commander-in-chief: Russ Feingold, former three-term U.S. senator from Wisconsin and currently distinguished visiting lecturer in international studies at the University of Wisconsin–Madison; Julia R. Azari, associate professor of political science at Marquette University and a scholar of the American presidency; and Benjamin Wittes, editor in chief of Lawfare and senior fellow in governance studies at the Brookings Institution.

Barron’s article, together with the reactions, is only one of the thoughtful and thought-provoking pieces in the new Marquette Lawyer. Elsewhere in the magazine: Continue reading “New Marquette Lawyer Magazine Examines War Powers, State Supreme Court Elections, Legal Scholarship Ethics, and More”

The Great Lakes Compact At 10: Significant Achievements, But Still A Work In Progress

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Enacting the Great Lakes Compact was a remarkable achievement that likely wouldn’t be possible in today’s political climate; it is a bipartisan, multi-jurisdictional agreement that will benefit future generations and was adopted in the absence of a crisis. Yet its ultimate success or failure remains Great Lakes from spaceto be determined, as questions persist about its staying power and about our commitment to its consistent application. Those two conclusions were broadly shared by presenters and attendees at a conference held earlier this month at the Law School’s Lubar Center. The Law School’s Water Law and Policy Initiative organized the event to commemorate the tenth anniversary of the Compact’s signature into law by President George W. Bush, and to evaluate its success since then.

Former Wisconsin governor Jim Doyle opened the conference by reflecting on his work as one of the Compact’s architects. Doyle acknowledged the Compact’s primary feature, a general ban on diversions of water outside the basin, and also highlighted lesser known provisions resulting in the creation of a framework for employing sound science in the joint management of the Lakes. He struck a note of caution, however, predicting that thirsty regions across the country are still focused on the Great Lakes as a potential water source, and at some point “people will go to Congress and say we have to get rid of [the Compact].” The Compact will not be fully tested, Doyle suggested, until water shortages strike broad swaths of the country, including areas outside the Great Lakes basin but within the Great Lakes states. The basin line bisects Wisconsin. Would a future Wisconsin governor remain committed to the Compact even if severe water shortages struck Madison or other Wisconsin communities just outside the Basin? Doyle urged audience members to ask all candidates for public office about their commitment to the Lakes and the Compact. Continue reading “The Great Lakes Compact At 10: Significant Achievements, But Still A Work In Progress”

How the Basic Journalism of PolitiFact Has Changed the Political Landscape

Posted on Categories Media & Journalism, Political Processes & Rhetoric, Public, Speakers at MarquetteLeave a comment» on How the Basic Journalism of PolitiFact Has Changed the Political Landscape

In 2007, with President George W. Bush’s second term as president coming to an end and Vice President Richard Cheney not aiming to succeed him, open races for both Democratic and Republican nominations for president were developing. Bill Adair thought it was time to bring more fact-checking into American political journalism.  Adair, then a Washington-based journalist with the St. Petersburg Times (now the Tampa Bay Times) began a project that the newspaper called Politifact.

The idea took off and, more than a decade later, PolitiFact and other political fact-checking efforts have become an important part of the national journalism landscape. PolitiFact is now an independent non-profit organization. The Milwaukee Journal Sentinel became a partner with PolitiFact in 2010, ahead of the election that year in which Republican Scott Walker defeated Democrat Tom Barrett for governor, and continues to run PolitiFact pieces, with either national or local focuses, almost every day.

In an “On the Issues with Mike Gousha” program Tuesday at Marquette Law School, Angie Drobnic Holan, now the editor of PolitiFact and a part of its team since the start, and Tom Kertscher, who has worked on the Journal Sentinel’s PolitiFact team since its start, described the goals of what they do in terms core journalistic values. Continue reading “How the Basic Journalism of PolitiFact Has Changed the Political Landscape”

New Book on Sentencing and Corrections

Posted on Categories Criminal Law & Process, Federal Criminal Law & Process, Federal Sentencing, Legal Scholarship, Marquette Law School, Prisoner Rights, Public, Race & LawLeave a comment» on New Book on Sentencing and Corrections

I am pleased to report that my latest book, Prisons and Punishment in America: Examining the Facts, is now in print. Structured as a series of questions and answers, the book synthesizes the law and social science on sentencing, corrections, and prisoner reentry. Individual chapters cover:

  • Sentencing law and practice
  • Alternatives to incarceration
  • Experience and consequences of incarceration
  • Release and life after prison
  • Women, juveniles, and other special offender populations
  • Causes and significance of mass incarceration in the U.S.
  • Race, ethnicity, and punishment
  • Public opinion, politics, and reform

The book is intended to be accessible to readers who do not have training in law or social science, but I also hope that there are some aspects of the book that will be of interest even to those who are already quite familiar with the workings of the criminal justice system.

Mental Health, Substance Abuse, and Wellness in the Legal Profession: Change is Necessary

Posted on Categories Health Care, Legal Education, Legal Profession, Public, Student ContributorLeave a comment» on Mental Health, Substance Abuse, and Wellness in the Legal Profession: Change is Necessary

Symbol of a heart with a jagged line representing an EKG printout superimposed over it, in order to represent the concept of "wellbeing"Last week, the American Bar Association (“ABA”) designated and celebrated October 10th, 2018 as National Mental Health Day for Law Schools.[1] This date coincided with the World Mental Health Day.[2] The ABA’s National Mental Health Day for Law Schools serves as a vital reminder that the legal profession is not immune from mental health problems. In fact, the numbers themselves highlight just how important discussing and tackling mental health and wellness are to both law schools and the legal profession in general. Both law students and lawyers suffer in large numbers from mental illness and substance abuse. Therefore, it is important to address these concerns and to help both law students and attorneys live a life that focuses on their wellbeing.

Statistics on Attorneys

In comparison to other professions, lawyers themselves experience higher rates of mental health issues and substance abuse. Attorneys are the most frequently depressed occupational group in the United States, and they are 3.6 times more likely to suffer from depression in comparison to non-lawyers.[3] In a study of roughly 13,000 practicing attorneys conducted by the ABA Commission on Lawyer Assistance Programs and Hazelden Betty Ford Foundation, 28% of the attorneys reported experiencing depression, 23% reported experiencing stress, and 19% reported experiencing anxiety.[4] Of these participants, 21% are qualified as problem drinkers, and they “experience problematic drinking that is hazardous, harmful, or otherwise generally consistent with alcohol use disorders at a rate much higher than other populations.”[5]

This same study found that younger attorneys, rather than older attorneys, are at a greater risk for experiencing these issues. Continue reading “Mental Health, Substance Abuse, and Wellness in the Legal Profession: Change is Necessary”