Quill Winners Explore Visa Adjudications and Limits of Public Trust Doctrine

Congratulations to 3Ls Cain Oulahan and Gabe Johnson-Karp, the winners of this year’s Gold and Silver Quill Awards, respectively.  The Quill Awards recognize the top two student comments published in the Marquette Law Review.

Cain’s comment is “The American Dream Deferred: Family Separation and Immigrant Visa Adjudications at U.S. Consulates Abroad.”  He explores the tension between the general preference in American law in favor of keeping families together and some specific requirements of immigration law that can break families apart for many years while a parent or spouse seeks to obtain a visa from an American consulate abroad.  As Cain puts its,

This problem arose with the creation by Congress in 1996 of what are known as the unlawful presence bars to admission.  After more than ten years since the passage of the unlawful presence bars, it is now appropriate to look closely at their impact and examine whether they constitute sound public policy. This Comment argues that they do not. This Comment explains how the system puts families through unnecessary and unjustifiable hardship by imposing a punishment that is disproportionate to the seriousness of the immigration violation. This Comment points to the lack of evidence that the unlawful presence bars significantly deter illegal immigration, and the fact that they tear families apart or force them to move abroad. For these reasons, this Comment recommends that Congress make sensible changes that will promote family unity while imposing penalties that are more proportionate to the seriousness of the immigration violation.

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Merit Scholarships and Training for Hierarchy

When the Critical Legal Studies movement was still vibrant during the 1980s, Harvard Law Professor Duncan Kennedy frequently argued that, beyond exploring the cases and rules, legal education offered training in hierarchy.  Students (and many professors as well) came to appreciate the steps on our social ladders and how to climb or, at least, remain balanced on those steps.  Recent developments involving law schools’ use of merit scholarships with stipulations (“stips,” as some students call them) teach lessons in hierarchy in ways Kennedy never imagined.

The New York Times reported on May 1, 2011, that 80 percent of law schools are now awarding merit scholarships with stipulations and that these scholarships are gradually replacing conventional need-based scholarships.  The University of Florida Law School, for example, requires students to maintain a 3.2 grade-point average to keep their merit scholarships, as does Wayne State University Law School.  At Chicago-Kent Law School, merit scholarship recipients have a choice: They can receive $9000 annually for three years with no stipulations or $15,000 annually if they maintain a 3.25 or higher.  Ninety percent opt for the latter, perhaps unaware that most students earn nothing near a 3.25.

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Making the Right Choices

It’s been a very long time since I’ve attended a CLE presentation and found myself absolutely riveted by the speaker and the content of his or her presentation.  That happened on May 5 at the State Bar of Wisconsin’s Litigation, Dispute Resolution, and Appellate Practice Institute.  The speaker was Egil “Bud” Krogh who served as White House counsel under President Richard Nixon from 1969 to 1973.

Sure his story is remarkable.  He is one of the “White House Plumbers” who created and authorized one of the most infamous covert operations ever.  His actions resulted in a criminal conviction, a six-month prison sentence, and later disbarment from the practice of law.   This is where his story becomes important to me.

His time in prison and subsequent reflections on his years in the White House allows him to share a perspective about the importance of good and sound decision-making with a sense of integrity.  Notwithstanding his actions in the early 1970’s, he is now able to lead by example and talk about how the pressure of our work, our relationships with co-workers, our need to address client demands, and our internal pressure to succeed can interfere with our need to maintain both personal and professional integrity.

He talks about the legal profession with a level of respect and, candidly, enthusiasm that is infectious and truly inspirational.  He has lived through some tough life experiences that are certainly unique to him.  Nonetheless, his message resonates with all of us.  Thank you, Mr. Krogh, for sharing with us your recipe for how to make the right choices.

 

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