New Issue of Marquette Lawyer Focuses on Sports Law Program and Milwaukee Getting “Smart on Crime”

The Fall 2011 issue of the Marquette Lawyer arrived this week.  The articles can be downloaded here.  Highlights include articles on:

The issue also includes an introduction by Marquette’s new President, Scott R. Pilarz, S.J.

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Abby Ramirez: Believing in What’s Possible for Milwaukee Schools

Abby Ramirez wants other people to come to – and act on — the same beliefs she has: That a large majority of low-income children can become high-performing students and that the number of schools where such success is widespread can be increased sharply in Milwaukee.

In an “On the Issues” session with Mike Gousha at Eckstein Hall on Tuesday, Ramirez described the work of Schools That Can Milwaukee, a year-old organization that has the goal of increasing the number of students in high-performing schools to 20,000 (more than twice the current total) by 2020. Ramirez is executive director of the organization.

“If you haven’t seen a high-performing school, go visit one because it will change your belief in what’s possible,” she told about 150 people at the session hosted by Gousha, the Law School’s distinguished fellow in law and public policy. She said you can tell in such a visit that the program is different – more energetic, more focused, more committed to meeting ambitious goals – than in schools where there is an underlying belief that the students aren’t going to do well because of factors such as poverty.  

“Expectations are huge” as a factor in putting a school on the path to high levels of success, she said. She also said the leadership of the school is a crucial factor.

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Severability and the Erie Doctrine

“Severability” doctrine holds that where a statute is partially unconstitutional, a reviewing court can excise the unconstitutional part rather than declare the entire statute invalid, if consistent with legislative intent. The doctrine figures centrally in a broad array of constitutional litigation, including ongoing litigation over the “individual mandate” provision of the Patient Protection and Affordable Care Act. And the doctrine is powerful because the viability of large statutory schemes can hinge entirely on whether an unconstitutional component is severable.

But while important, severability is in many ways perplexing and underexplored. No one has come up with a fully satisfying test for determining when severance is appropriate. And no one, as far as I can tell, has critically examined choice-of-law rules pertaining to the doctrine’s application.

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