Seventh Circuit Backs Away From Apparent Circuit Split on Three Strikes Provision of PLRA

Enacted in 1996, the Prison Litigation Reform Act raised numerous obstacles to prisoner rights lawsuits.  The “three strikes” provision of the statute, codified at 28 U.S.C. § 1915(g), is intended to bar prisoners who have a history of frivolous litigation from proceeding in forma pauperis.  IFP status results in the waiver of court filing fees that would otherwise be beyond that means of indigent litigants.  For most prisoners, in light of their limited financial resources, a denial of IFP status is the functional equivalent of a denial of access to the courts.

Last week, in Turley v. Gaetz (No. 09-3847), the Seventh Circuit backed away from dicta in earlier decisions that seemed to embrace an exceptionally and unnecessarily broad reading of the three strikes bar.  Had the court adhered to the earlier dicta, it would have opened a circuit split on a very important prisoner rights issue.

Here’s what happened. 

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Appellate Advocacy at the Law School

Congratulations to the students in Appellate Writing and Advocacy, who are turning in their final briefs today.  This moment is a good one to reprint an article that Emily Lonergan, the Chief Justice of the Moot Court Board, wrote for the most recent De Novo newsletter.  De Novo is the publication of the State Bar of Wisconsin’s Appellate Practice Section.  The Appellate Practice Section is active, and De Novo is a good source for news, information, and tips about appellate practice.  This article is reprinted with permission.

Marquette Helps Students Master the Art of Legal Writing, by Emily Lonergan, 3L

Marquette University Law School presents students with the opportunity to master the art of appellate advocacy in both the classroom and the courtroom.

The typical law student hoping to participate in Moot Court starts with an Appellate Writing and Advocacy course, offered to second- and third-year students during the fall semester. While the course is open to everyone, regardless of their interest in the Moot Court program, it is a prerequisite for anyone who hopes to compete in a national competition. The goal of the course is first and foremost to teach appellate advocacy. It teaches students in a traditional lecture format everything from preserving the record to when to file notice of appeal.

But the course also has a hands-on approach as well.

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The Post-Election Education Landscape: Vouchers Up, WEAC Down

Two quick education-related comments on Tuesday’s election outcomes in Wisconsin:

First, this was a banner outcome in the eyes of voucher and charter school leaders. Governor-elect Scott Walker is a long-time ally of those promoting the 20,000-plus-student private school voucher program in the city of Milwaukee, and he is a booster of charter schools both in Milwaukee and statewide. But just as important as Walker’s win was the thumpingly strong victories for Republicans in both the Assembly and State Senate, which will now come under sizable Republican majorities.  

What will result?

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