Divorce Is Never Easy

Every few years, we can count on hearing social commentary on the alleged erosion of American values.  Predictably, marriage is part of the discussion, and inevitably, the American divorce rate is cited as a cause for concern.  The figure usually cited is that 50% of marriages in the U.S. end in divorce, although the true figure is somewhere between 40% and 50% overall, with higher rates among couples who married at younger ages and lower rates for couples who married at older ages. 

The usual trajectory of this discussion is for someone to claim that we have made divorce “too easy,” that marriages are viewed as throwaway commodities, and that the whole mess started in the 1970s when American states began to adopt no fault statutes.  Prior to that time, one spouse had to claim total innocence in the marital breakdown while proving “fault” by the other party in one of several designated categories – typically adultery, desertion, or physical or mental cruelty. This proof was a painful and distasteful process, and it could both lengthen the divorce process and make it more expensive. 

The adoption of no fault provisions made it possible for one party to obtain a divorce by alleging a ground such as “irretrievable breakdown” of the marriage without specifically attributing the blame to either partner.  Since U.S. divorce rates peaked in the early 1980s after the adoption of no-fault laws, social critics periodically argue that we should return to fault-based statutes to make divorce hard to obtain.

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Baldwin Stakes Out Health, Tax Positions for Fall Senate Campaign

Two major policy differences between Tammy Baldwin, the only major Democratic candidate for the open US Senate seat, and any of the Republican candidates were clear when Baldwin sat down with Mike Gousha in an “On the Issues” session at Eckstein Hall this week. Both issues are almost certain to be in the spotlight when the race to succeed Democrat Herb Kohl heats up in several months. The two:

Health insurance. Baldwin, who represents south central Wisconsin, including Dane County, in the House of Representatives, supports the Affordable Care Act, while her opponents all want to see the law they call “Obamacare” repealed or overturned by the US Supreme Court. Baldwin told Gousha, the Law School’s distinguished fellow in law and public policy, “It’s not perfect, but it’s a step in the right direction that will lead to far greater coverage and, I hope, drive incredible improvements in quality, too.” She said that the plan for overhauling Medicare proposed by Republican Rep. Paul Ryan would be “a catastrophe” because it would eliminate guaranteed coverage for senior citizens. She said that as a child who was raised by her maternal grandparents and who had a major childhood illness that was not covered by their insurance, she learned early on the value of programs such as Medicare, Medicaid, and Social Security.

Tax reform, including the “Buffet Rule.” Baldwin said she was one of the first members of Congress to propose passage of what has come to be known as the “Buffet Rule” which would require people who make more than $1 million a year to be taxed at at least a 30% rate. The term comes from statements from billionaire Warren Buffet that he pays a smaller percentage of his income in taxes than his secretary does. The proposal has become a hot issue, with President Barack Obama campaigning for it in recent days. Baldwin said she wanted members of Congress to take a straight up or down vote on whether they support the idea.

Asked by Gousha how she responds to those who say she is one of the most liberal members of Congress, Baldwin said she would describe herself as a fighter who is not afraid to take on big, powerful interests. She said she is an advocate for the middle class and for those with lower income.

As for how to cut the deficit, she said she advocated steps such as ending the American military involvement in Afghanistan, which would save large amounts of money, as well as tax reform that goes beyond the Buffet Rule proposal.

Baldwin appears to be on her way to an effectively uncontested path to getting on the November ballot. On the Republican side, four candidates are aiming to be on the a primary ballot in August. They are former Gov. Tommy G. Thompson, former Rep. Mark Neumann, State Assembly Speaker Jeff Fitzgerald, and businessman Eric Hovde.

Baldwin said she knows Thompson the best of the four – she served in the Legislature while he was governor –and worked well with him in those years. But, she said, she sees him now moving to the right in his positions. “The gulf is getting wider” between her and candidates such as Thompson, she said.

In 2010, incumbent Democratic Sen. Russ Feingold was defeated by Republican Ron Johnson. Asked by Gousha what that said about her chances in 2012, Baldwin said she thinks the electorate in 2012 is going to be very different than the electorate two years ago.

Video of the one-hour session may be viewed by clicking here.

Continue ReadingBaldwin Stakes Out Health, Tax Positions for Fall Senate Campaign

Haiku, Anyone?

April is National Poetry Month.  As Marquette University President Scott Pilarz, S.J., noted, poetry is “one of life’s pleasures – a gift to our spirits.” Poetry surely can speak to us and for us in beautiful ways.

You don’t have to be a “professional” to create poetry that’s fun to read.  One of the guilty pleasures of many a legal writing professor is to craft haiku.  Occasionally, the legal writing professors’ listserv lights up with people exchanging haiku on topics from serious to silly, on legal education, on law, and on life.

Haiku is a form of Japanese poetry. There are certain specific qualities that make a poem a haiku, but among the legal writing professors the only quality is that the poem adhere to the 5/7/5 structure, a fitting requirement for professors who encourage precision and concision in writing. That is, the haiku contains three lines. The first line contains five syllables; the second, seven syllables; and the third, five syllables.

I’m sharing one my haikus, written a year or so ago at the tail end of a long conference period. I used only the magnetic words on my office filing cabinet, so I was a bit limited with my choices.  Nonetheless, I suspect many in the law school community can relate, especially at this time of the year.

Wild thoughts wandering

From the morning through the night

I could use some sleep.

Celebrate National Poetry Month and share a haiku of your own.  It’s good practice in writing concisely.

 

 

 

 

Continue ReadingHaiku, Anyone?