Growing Pains

I recently had the opportunity to re-read the personal statement I submitted with my Marquette Law School application, now almost three years ago, for one of my current classes.  While many things had changed—for example I am now far less idealistic, definitely less “bright-eyed and bushy-tailed,” and no longer have a passion for criminal law—the opening and closing statements still ring true and effectively capture the development as a person and future lawyer I have experienced during my law school career at Marquette.  As the new class of future Marquette attorneys has only recently began this journey at Eckstein Hall, I wanted to write a blog post to them explaining what I think the most influential and important aspects of my almost-complete legal education have been.

“When a butterfly struggles to free itself from its cocoon, it causes fluid to be pumped back into its wings. This independent act of vigilance, determination, and extreme effort is what allows the butterfly to take flight. This fact has inspired me as I enter the next phase of my life, and has shaped my perception of law school’s purpose. I enter the ‘cocoon’ of law school well-prepared and with the knowledge that with conviction and a lot of hard work, after three years I too will take flight.”

The above paragraph, while admittedly a bit hokey, was the opening to my personal statement.  It reminds me of a fact that Father O’Meara shares with the entering 1L class each year: it is common knowledge in biology “that growth occurs along places where there is tension, stimulation, or irritation.”  His point is that tension is necessary for both development and learning. These statements illustrate the personal growth I, and I’m assuming most other students, experience during law school. 

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What Has Changed the Most in Legal Education Since You Became a Law Professor?

[Editor’s Note: This month, we asked a few veteran faculty members to share their reflections on what has changed the most in legal education since they became law professors.  This post is the first in the series.]

I became a law professor in 1970, my first year on the Georgetown law faculty. I believe that one of the most changed aspects of legal education in the past forty-one years is the care and feeding of law students. By that, I refer to the remarkable proliferation of in-house extra-curricular activities. Innumerable law societies shedding light on the various interests of students and weekly opportunities to hear great speakers are but the tip of the iceberg. Not to be overlooked is the availability of frequent free lunches at these noon events. So much for the “feeding.” As to the “care,” the heightened interaction between faculty and students represents a fundamental change in legal education. I do not believe that I ever spoke to one of my professors outside of class. Contrast this with the expectations of today’s students. To conclude, I almost wish I were a law student now instead of then.

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The 100th Anniversary of the Law School’s First Real Graduation

Although the fact went largely unnoticed, the May 2011 Law School Commencement marked the centennial anniversary of the first real law degrees awarded by Marquette University.  In June of 1911, nine students who had entered the initial full-time law program offered by Marquette University in the fall of 1908 received their bachelor of laws diplomas at the annual Marquette Commencement ceremony.

The subject of early Marquette law degrees is complicated by the decision of the University to award Marquette Law degrees to all the former students of the Milwaukee Law School (which Marquette acquired in 1908) who had passed the Wisconsin bar examination.  The decision was apparently made at the last minute, and few documents pertaining to the decision survive.  (It is, for example, hardly mentioned in the Trustee minutes.)  Apparently the decision was also intended to apply to former Milwaukee Law School students who were enrolled at the time of the “merger” and who continued on in the new night program at Marquette.

As a consequence, more than 80 law degrees were awarded in 1908, before the new law school actually began operations, and additional degrees to former Milwaukee Law School students were awarded at the next several commencements.  This decision later came back to haunt the law school, as critics (especially faculty members of the University of Wisconsin Law School) later accused the school of “selling diplomas.”  (Degrees were not automatically awarded to former Milwaukee Law School students who passed the bar examination; they first had to apply to Marquette for a degree and pay a $5 diploma fee.)  In response, the degrees awarded to the Milwaukee Law School students were soon re-labeled “honorary degrees.”

However, by the spring of 1911, there were students who had completed all of the requirements of the new full-time, day-only law program at Marquette.  A class picture of these students now hangs in the hallway of the Dean’s suite in Eckstein Hall.  (The composite photograph actually shows 11 members of the graduating class, when in fact only 9 actually graduated.  The photograph was apparently prepared before the end of the Spring 1911 semester and circumstances apparently kept two of the 11 from graduating.  Things like that do happen.)

The 1911 Commencement was held at 8 p.m. on the evening of June 21, 1911, in the Pabst Theater.  Music was provided by the Marquette University Orchestra and the Marquette University Mandolin Club, and the event was presided over by Marquette President James McCabe, S.J.

The 1911 Commencement had a distinctively “legal” flavor (in part because the Marquette Medical College and its affiliated programs held their own separate graduation ceremony).  The Commencement address was delivered by Patrick H. O’Donnell, a prominent Chicago lawyer and graduate of Georgetown law school who was instrumental in the creation of the law school at Loyola of Chicago the following year.

The only honorary doctorate awarded that day was a Doctorate of Laws degree awarded to the Rev. Antoine Ivan Rezek, the author of the recently published “The History of the Diocese of Sault Ste. Marie and Marquette.”  (Why Father Rezek was awarded a Doctor of Laws degree rather than a Doctor of Arts is not clear.)

Of the 29 actual degrees awarded, 18 were in the field of law.  Of the non-law students, Luis Rivera, a citizen of the Philippines, received a Master of Arts degree.  Nine students received the Bachelor of Arts degree while a tenth received the degree of Bachelor of Science.

As  mentioned above, nine graduates were awarded the Bachelor of Laws degree for work done in the day division, while an additional nine were awarded “the Honorary Degree of  Bachelor of Laws” for work done either at the Milwaukee Law School or in the Marquette evening program and for passing the Wisconsin bar examination.  Because the next administration of the bar examination was not until July, none of those students who had finished the night course in June of 1911 were eligible for degrees.

(In 1911, any person who had studied law for three years was eligible to take the Wisconsin bar examination regardless of whether or not they had a law degree, and the diploma privilege would not be extended to Marquette degree holders for another two decades.)

Only one of the first nine “true” graduates—Albert O’Melia—graduated with honors, but there was obviously a great honor simply in being a member of the inaugural graduating class.  A more detailed account of the law school experiences of the Class of 1911 can be found in my earlier blog post entitled “The First Joe Tierney’s Marquette Legal Education.”

[Update: a reference in the fourth paragraph was corrected to read “1911” instead of “2011.”]

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