Barrett’s Valley, Walker’s Corridor

What’s the difference between Tom Barrett and Scott Walker?

The Menomonee Valley versus the Park East corridor.

Barrett, the Milwaukee mayor who is the presumptive Democratic nominee for governor, tried out that answer Thursday at an “On the Issues with Mike Gousha” session at the Law School. Chances are you’ll hear it a lot more in coming months as Barrett battles with Walker, the Milwaukee county executive who is the leading candidate for the Republican nomination.

Barrett said that the city was responsible for what to do with vacant land in the Menomonee Valley, and, in recent years, attracted companies which employ about 2,000 people to the western part of the area south of I-94 and west of downtown (presumably, that doesn’t include the Potawatomi gambling complex).

Milwaukee County is responsible for the Park East land, the former freeway zone that runs along the north edge of downtown. 

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Down to Earth Advice from a Lofty Diplomatic Perch

Being an American ambassador can be a pretty surreal experience, but it can lead to some real advice for people considering careers in international business law.

Rick Graber, a prominent Milwaukee lawyer and Republican leader, was ambassador to the Czech Republic for the last two and a half years of President George W. Bush’s administration. He described his experiences as ambassador and gave advice during a recent hour with about 25 students in Profossor Irene Calboli’s International Business Transactions course at the Law School.

Graber called the lifestyle of an ambassador unimaginable – a spectacular 60,000-square-foot house and eight to ten people to run the house. “You’d take your shirt off in the evening and, magically, it would be clean in the morning,” he said. “That doesn’t happen much in Shorewood.”

Graber described the two major issues that occupied him during his time in the Czech Republic.

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Supreme Court Takes Jurisdiction Over “Jurisdiction”

copyrightA bit overshadowed by all the hubbub over the oral argument in McDonald v. City of Chicago, the Supreme Court yesterday handed down an important copyright opinion in Reed Elsevier v. Muchnick. (But see Howard Wasserman, Marcia Coyle.) The court held that Section 411(a) of the Copyright Act, which requires registration of a copyright as a prerequisite to an infringement suit, is not “jurisdictional”—that is, failure to file a registration does not deprive a court of all power to hear a claim.

This might not initially sound significant; after all, a plaintiff who files an infringement claim on an unregistered copyright is still going to have the case dismissed, whether Section 411(a) is deemed a mere prerequisite to filing or jurisdictional. But the distinction matters in three types of cases: class actions where unnamed members of the class would include owners of unregistered works (the Muchnick situation); plaintiffs who seek an injunction against further infringement encompassing all of their works, registered and unregistered; and would-be defendants who file for a declaratory judgement against a copyright owner who hasn’t registered yet. All three of those seem like worthy candidates for a court’s consideration as a policy matter, but all three were impeded by a slew of lower court opinions holding that a failure to register deprived the court of all power to even hear such disputes. (Congratulations for the win are due to lawyers from my old firm: Chuck Sims, who argued the case before the Supreme Court, and Jon Baumgarten.)

A bit of background before I continue:

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