Marquette University Law School Faculty Blog

Foreclosure Mediation Take 2?

Post author:Andrea K. Schneider
Post published:September 29, 2010
Post category:Mediation Milwaukee

I am grateful to Paul Kirgis (in this post) for restarting the discussion on foreclosure mediation—it is useful to keep revisiting what is working and what is not.

The New York Times article he cites is interesting in a number of ways. First, as Paul notes, it confuses the process of mediation with the underlying applicable law. Mediation—voluntary as in our program or mandatory as in Nevada—occurs in the shadow of HAMP and other regulations and financial realities governing the ability of the parties to make loan modifications.

Second, the article highlights some of the issues with mandatory mediation where, it appears, there are a whole bunch of lenders showing up with little interest, or even ability, to modify the mortgages.

Can You Be Forced to Turn Over Your Social Network Passwords in a Civil Case?

Post author:Bruce E. Boyden
Post published:September 28, 2010
Post category:Civil Procedure Computer Law Privacy Rights

Let’s say you’re the plaintiff in a civil case against a neighbor, an employer, or a company you’ve done business with. One of the many pains of litigation is the discovery process–the process whereby each side collects information that it believes will help it win the case. Discovery can come in many forms, such as conducting depositions (sworn testimony from witnesses), requesting documents, or even requesting permission to visit a site and look around.

But let’s say that you have a Facebook account. The other side believes that some of your Facebook communications might be relevant to the case, so they specifically request access to your account. You refuse, and the issue goes to the court to sort out (if you’re in federal court, under Rule 37, for those of you playing at home). How should the court rule? Specifically, what should the court order you to do? Do you have to give the password for your account over to a party that, to put it mildly, you are probably not on the best of terms with?

Surprisingly, at least one court has said yes [Update: see comments below], and I believe similar requests are being made in courts all around the country. I believe this is a deeply disturbing development and is the result of either a failure to understand social networking technology, the rules of civil procedure, or both.

Ralph Huiras, Hail and Farewell

Post author:Joseph D. Kearney
Post published:September 28, 2010
Post category:Marquette Law School

Ralph Huiras The area on the second floor of Eckstein Hall, running west to east from the elevators to the dean’s office, is the Huiras Lounge. It honors the extraordinary support that Ralph J. Huiras, L’41, gave to the building project — indeed, even though he made substantial gifts within the past decade to improve Sensenbrenner Hall, Ralph was, along with University Architect Tom Ganey, the earliest proponent of an entirely new home for Marquette Law School. Ralph felt especially strongly concerning the school, perhaps because it was his father’s alma mater as well: Peter M. Huiras graduated from Marquette’s law school in 1918, the same week that Ralph was born. The Huiras Lounge thus perpetuates Peter Huiras’s memory as well. There is much more that could be said concerning Ralph, who passed away this past weekend. Some of it has been said on past occasions, such as in this cover story of the law magazine several years ago or on the occasion of Ralph’s receipt of the Law Alumni Association’s Lifetime Achievement Award.

Beyond this, I wish to note, for the benefit of our students, how proud Ralph was of the Huiras Lounge. He forwent the opportunity to have the fourth-floor gallery bear the Huiras name, instead of the lounge. Ralph wanted his and his father’s memory to be both near the dean’s office (recalling his visit to Dean Francis X. Swietlik’s office in 1941 when he had been summoned to Washington, D.C. to join the FBI even before he could take his last exams) and — more importantly — where the students are and will be. It was a great privilege to know Ralph, to stand in the Huiras Lounge with him last month, and to be associated with his belief in and commitment to the future of Marquette University Law School.