Marquette University Law School Faculty Blog

Five Leaders: A Serving of Big Problems, Flavored with Optimism

Post author:Alan J. Borsuk
Post published:May 19, 2011
Post category:Milwaukee Public Speakers at Marquette

Being a major leader means never having to say you’re pessimistic. President Jimmy Carter paid a big political price in the late 1970s when he said he thought there was a malaise affecting America. President Ronald Reagan made his optimistic outlook on the future – it’s morning in America – a key to both his political success and his legacy.

So say whatever you want about the specifics of what is going on, but look to the future with hope. It may well be a good approach to personal life. It’s just about a mandatory approach to political life.

That seems like a good perspective on one of the interesting exchanges at “What Now, Milwaukee? A Forum on the Future of Wisconsin’s Largest City,” a discussion Wednesday at Eckstein Hall that brought together five power players in the city’s life. Mike Gousha, the Law School’s distinguished fellow in law and public policy, moderated the 90-minute session before a capacity audience of over 200. The session was co-sponsored by the Law School and the Milwaukee Press Club.

The conversation quickly focused on the need to change the overall low rate of educational success in Milwaukee. There was discussion of budget cuts, rising class sizes, the chronic fighting between advocates for different streams of schools, the inability of the community to come together, and the need to give parents information on every school. Not much light was shed on how to turn the trends in more positive directions.

But when Gousha asked if educational quality will be better in Milwaukee five years from now, Tim Sheehy, the president of the Metropolitan Milwaukee Association of Commerce, answered, “Dramatically.” Milwaukee County Executive Chris Abele said yes. Milwaukee Mayor Tom Barrett agreed. Milwaukee School Superintendent Gregory Thornton said, “Without question.” And Julia Taylor, president of the Greater Milwaukee Committee, concurred.

Wisconsin v. Minnesota

Post author:Michael M. O'Hear
Post published:May 18, 2011
Post category:Criminal Law & Process Wisconsin Criminal Law & Process

Given the many demographic and cultural similarities between these midwestern neighbors, I’ve long been intrigued by how dramatically different the incarceration rates are in Wisconsin and Minnesota. How is it that Wisconsin’s per capita incarceration is twice Minnesota’s? My diligent research assistant Joe Gorndt has gathered some data to try to shed light on this problem. First, here is the basic demographic data:

	Minnesota	Wisconsin
Population (2009)	5.3 mm	5.7 mm
Age under 18	24.3%	23.6%
Age over 65	12.4%	13.2%
Over 25, HS diploma	91.1%	89.0%
Bachelor degree	31.2%	25.5%
Below poverty line	10.0%	11.1%
Foreign born	5.3%	3.6%
Unemployment	5.8%	6.1%

Not much to distinguish the states here. The most notable difference seems to be the higher percentage of adults with college degrees in Minnesota, but this is hardly a dramatic difference and doesn’t seem likely to explain the imprisonment disparity.

Now take a look at the crime and criminal-justice statistics, courtesy of the National Institute of Corrections.

Ratner: Even Osama Should Have Had Criminal Rights

Post author:Alan J. Borsuk
Post published:May 17, 2011
Post category:Civil Rights Criminal Law & Process Human Rights President & Executive Branch Prisoner Rights Speakers at Marquette

Michael Ratner would have treated the pursuit of Osama bin Laden as a law enforcement matter, not as a matter of war. He would rather have seen bin Laden arrested, brought to trial, and given the rights of a criminal defendant than shot on the spot by Navy SEALS.

This almost certainly doesn’t put Ratner in the mainstream of American opinion, but it is consistent with what Ratner has advocated as president of the Center for Constitutional Rights, a New York-based non-profit organization, and as an attorney who has played key roles in defending the legal rights of prisoners at the military prison at Guantanamo Bay and in opposing interrogation techniques Ratner considers torture.

Ratner visited Eckstein Hall last week to speak to about 20 people at a lunch session of the American Constitution Society for Law and Policy, Milwaukee Lawyer Chapter.

Ratner realizes where the preponderance of American opinion lies on the killing on May 1 of bin Laden. “No one really cares whether he was lawfully killed or not,” he said. “People wanted him killed.”