Forward Looking: New Marquette Lawyer Magazine Looks at Present and Future of Key Issues

Marquette Lawyer - Summer 2014Past, present, future—the Summer 2014 Marquette Lawyer focuses its attention on important and interesting facets of all three. But let us draw your attention to it foremost for its thoughts on the future, including:

The future of campaign spending. In the cover story, Heather K. Gerken, the J. Skelly Wright Professor at Yale Law School, examines the impact of the Citizens United decision of 2010, in The Real Problem with Citizens United: Campaign Finance, Dark Money, and Shadow Parties. Based on her Boden Lecture last fall at Marquette Law School, Gerken suggests that the case’s most important result could be a gulf between the elites involved in national political campaigns and the rank and file party members who have historically been the backbone of the parties. The article may be found by clicking here.

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Mitten Elected President-Elect of Sports Lawyers Association

mittenLast week, the Sports Lawyers Association held its 40th annual conference in Chicago. Unsurprisingly, the Law School had a strong presence at the conference, which boasted more than 800 attendees. Current students, alumni, National Sports Law Institute Board Members, and several faculty members (Professors Anderson, Braza, Cervenka, Mitten, and yours truly) all attended the conference. Professors Anderson and Mitten both spoke on panels during the conference.

In addition, Professor Mitten was elected as the president-elect of the Sports Lawyers Association, which is a national and international group of more than 1,700 members consisting of sports industry professionals, sports lawyers, and sports law professors. Professor Mitten will become the organization’s president in May 2015 and serve a two-year term. Congratulations, Professor Mitten!

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The Problem of Having Really Good Plaintiff Cases

If you handle plaintiff cases your dreams are of what I call the “Holy Trinity” cases: Great Liability, Big Damages, and a Well Insured Deep Pocket Defendant. And, even better, you would think, is one after another of those cases. But, as they say, in every silver lining there is a black cloud.

A recent three-week trial provides lessons for long-term career development for trial lawyers principally handling cases for plaintiffs. Since my practice consists of two-thirds defense and one-third plaintiffs (including one nine figure verdict for a plaintiff) I can give you a view from both sides of the “v”. In this case I happened to be defending.

The injuries were initially catastrophic with the plaintiff having “died” (a bit of exaggeration by plaintiff’s counsel in opening statement, but nonetheless she did have a very low pulse and respiration rate) in the ambulance to the hospital. She had been crushed between my client’s semi-tractor trailer and a stopped car in a sorority car wash taking place in a shopping center parking lot. “Squished” was plaintiff’s counsel favorite word in the trial.

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