New Criminal Law Blogs

Criminal law aficionados might want to check out two new blogs with Marquette connections.  First, U.S. Court of Appeals for the Seventh Circuit Updates tracks new decisions by the Seventh Circuit in criminal cases. The authors are Amelia Bizzaro ’03, Tony Cotton ’05, Chris Donovan ’05, Josh Uller ’05, and your truly.

Second, Cybercrime Review explores “new technology, recent legal developments, and interesting arguments at the intersection of computers and the law.”  The authors are a current Marquette student, Justin Webb, and Jeffrey Brown, a student at the University of Mississippi School of Law.  In addition to being law students, both Justin and Jeffrey have impressive professional credentials in the IT field.  Justin’s comment on GPS tracking and the Fourth Amendment appeared in the most recent issue of the Marquette Law Review.

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People Who Have Shaped the Teaching Careers of Our Faculty—Part 2

The editors of the blog asked several law school faculty to write about the people who have been the most formative figures in their careers as legal educators. This is the second submission in the series, and it is by Professor John J. Kircher.

The answer to the question “who has been the most formative figure in your career as a legal educator” is very easy for me. It is one name, Professor James D. Ghiardi. During the course of my career Jim Ghiardi has been my law professor, my boss, my mentor, my golf partner, my colleague, my coauthor and my second father. I feel very fortunate to have had the ability of spending a great deal of time with him over the course of my career. Many learning experiences came from that, not only observing what he said, but also what he did.

My initial exposure to the man was in my first year of law school. He was my Torts professor. There was no attorney in my family and, other than characters in movies and on television, I never had any personal exposure to one. I was impressed. He was dressed in a business suit, unlike many undergraduate faculty members to whom I had been exposed. They dressed like their students, possibly thinking that undergraduate chic might make them appear young – certainly not professional. Jim told us that law was a profession and that he expected us to act and think like professionals. He told us what his role would be in the classroom and what our role should be.

A significant sign of Jim’s professionalism is evidenced by the fact that he was elected by the members of the State Bar of Wisconsin to be President of that organization. As far as I can discern he is the only “academic lawyer” to have achieved that status. However he was more than an academic lawyer. He was and continues to be a true professional. He certainly was and continues to be my role model.

 

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SCOTUS to Decide on Padilla Retroactivity

Earlier today, the Supreme Court granted cert. in Chaidez v. United States, 655 F.3d 684 (7th Cir. 2011). Chaidez held that the Court’s decision in Padilla v. Kentucky, 130 S. Ct. 1473 (2010), would not be applied retroactively to defendants whose convictions were already final when Padilla came out. In Padilla, the Court held that a lawyer performs below minimal constitutional standards when he or she fails to advise a client of the deportation risks of a guilty plea. Now, the Court itself will have an opportunity to determine whether its decision should have retroactive effect.

The majority and dissenting judges in Chaidez all agreed that the case turned on whether Padilla announced a new rule of criminal procedure, within the meaning of Teague v. Lane, 489 U.S. 288 (1989). With only a couple of execeptions not relevant here, Teague prohibits retroactivity for new rules. So, the question in Chaidez seems to boil down to whether Padilla announced a new rule or merely applied the basic ineffective assistance test of Strickland v. Washington, 466 U.S. 668 (1984).

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