Marquette University Law School Faculty Blog

Who Is a “Supervisor”? We Know One When We See One

Post author:Michael M. O'Hear
Post published:June 12, 2012
Post category:Criminal Law & Process Federal Criminal Law & Process Federal Sentencing Public Seventh Circuit

Justice Potter Stewart famously eschewed a formal legal definition of pornography, and instead embraced the “I know it when I see it” test. Based on his opinion yesterday in United States v. Figueroa (No. 11-2594), Judge Posner seems to have a similar approach in mind for determining whether a drug trafficker is a “manager” or “supervisor.”

Under § 3B1.1 of the federal sentencing guidelines, a manager or supervisor of criminal activity receives a substantial sentence enhancement. An even larger enhancement is contemplated for some defendants who qualify as a “leader” or “organizer.” The guidelines suggest a seven-factor test for determining whether a defendant is a leader or organizer, but are silent on the meaning of manager and supervisor. However, in the Seventh Circuit and elsewhere, it has been common for courts also to look to the seven factors when making manager/supervisor determinations.

Writing for the panel in Figueroa, Judge Posner seemed to scoff at this approach:

Drones at War: An Introduction to the Law and Debate of “Targeted Killing”

Post author:Jack Vrett
Post published:June 12, 2012
Post category:Human Rights International Law & Diplomacy Public

Thank you to Dean O’Hear for inviting me to write this month as the alumni blogger.

For the past few weeks, public attention has focused on the President’s decisions regarding the lethal targeting of known terrorists and other non-state hostile actors. Although the issue may be relatively new to the public, it has long been a source of debate among legal experts in the area of international humanitarian law – also known as the Law of Armed Conflict or LOAC – and international human rights law (IHRL). The debate largely centers on what is called “Targeted Killing.” The intent of this post is not to discuss the legality of Targeted Killing itself, but to instead point readers to detailed sources to help readers start studying the Targeted Killing debate or the Law of Armed Conflict more generally.

Without exception, anyone interested in the subject must certainly start by reading the Targeted Killings case from Israel in 2005. Beyond the Targeted Killings case, there is a growing body of treatment by scholars such as Kenneth Anderson, Laurie Blank, Amos Guiora, Nils Melzer, Mary Ellen O’Connell, and many, many more – far too many to list exhaustively. One method may be to read one, and then follow up by reading the sources they cite or refute. The United Nations released a study on the phenomenon as well, available here.

The question of Targeted Killing presents a number of pressing issues in the area of LOAC and IHRL, especially highlighting the tension between them.

“Playing Offense from the Center” Urged as a Step to Increase Civility in Governing

Post author:Alan J. Borsuk
Post published:June 11, 2012
Post category:Marquette Law School Negotiation Political Processes & Rhetoric Public Speakers at Marquette

Keynoting the annual Restorative Justice Conference at Marquette University Law School on Friday, news commentator and author John Avlon called for those who want to see more civility and cooperation in government bodies to assert themselves.

“You have to play offense from the center,” said Avlon, a columnist for Newsweek and The Daily Beast and a frequent commentator on CNN. “Part of the problem with moderates is that they’re moderate.”

Avlon told a capacity audience in the Appellate Courtroom in Eckstein Hall that there is more that unites Americans than divides them, but some act like the opposite is true. He said people in both the Republican and Democratic parties need to take stronger stands against those who oppose working with people of differing views in reaching solutions to problems facing the nation.

“Principled compromise is the basis for a functioning democracy,” he said.

Avlon’s remarks were part of the day-long conference, “Restoring Faith in Government: Encouraging Civil Public Discourse,” which included discussions about the state of political campaign advertising, media coverage of politics and policy, and what, if anything, can be done about frequent expression of political hostility in comments on the Internet.