Giant of the Law Received His Legal Training at Marquette

By the time he enrolled in Marquette Law School in 1942, Clifford Thompson had already lived a remarkable life. Reputedly 8 feet, 7 inches tall, Thompson had become internationally famous as a circus performer and Hollywood actor, but he had also spent much of his life as a dairy farmer and a travelling spokesman for Milwaukee’s Blatz Beer. He also liked skiing and basketball.

In spite of his remarkable height, he managed to live a surprisingly normal life. Twice married to women more than three feet shorter than he, Thompson decided to become a lawyer in his late 30’s. He completed the law course at Marquette in two years, graduating as a member of the war-time Class of 1944. He subsequently practiced law in Wisconsin, California, and Oregon.

A detailed account of his life and times, including photographs, can be found here.

giant

Continue ReadingGiant of the Law Received His Legal Training at Marquette

The Puzzling Case of Summer Abroad Programs

Once every decade or so, the ABA’s annual meeting is set in London. It appears to be a popular decision, and why not? It allows a lawyer to fly to Europe and deduct the cost as a business expense, making the vacation that surrounds the meeting just a little bit cheaper (and in a weak dollar era, that’s not a bad thing). The ABA justifies its decision as giving American lawyers a chance to better understand the roots of the American legal system by studying the English common-law system. So, lawyers visit the Inns of Court, maybe take in a lecture or panel discussion from English lawyers and judges, and even visit the courts. But does one really learn anything applicable to the practice of law (or even the theory of law) from this event? (I put aside for now the question whether one learns anything from any ABA annual meeting.) The ABA’s justification is both true and trite. The English legal system serves as a broad-based template for the American legal system (with some exceptions that followed civil law), but large differences began to emerge by the early nineteenth century, and a distinctly American legal system was in place by no later than the end of the nineteenth century. How the country that gave us trial by jury managed to eliminate it in civil matters is interesting but dated and of little concern to nearly all American lawyers. Further, and more importantly, the English and American legal systems remain but a shadow of their former common-law selves. We live not just in an age of statutes (as Yale Law Professor and now federal appeals court Judge Guido Calabresi noted), but in an age of regulations and ordinances, of written laws unending. No, the reason to go to London is because it is a taxpayer-financed boondoggle.

Like the ABA, law schools may have initially found the lure of European travel the reason for the development of summer abroad programs. 

Continue ReadingThe Puzzling Case of Summer Abroad Programs

Has The Supreme Court Declared Victory for the Moles?

In a recent piece in the Harvard Journal of Law & Public Policy, I say – as has at least one other commentator –  that  campaign finance reform is like a never ending game of Whack-A-Mole. Hit one and another one pops up. Stop money here and it flows over there.

On the day that the United States Supreme Court decided District of Columbia v. Heller, I wrote on my personal blog that Heller was not the most important decision of the day. I thought that honor belonged to FEC v. Davis, a decision that struck down the “millionaire’s amendment” in the “McCain-Feingold” Bipartisan Campaign Finance Reform Act, a provision that raised contribution limits for candidates facing wealthy self-financed opponents. Davis made it clear that a majority of the Court rejected “equalization” as a rationale for the regulation of election related speech. It was my view that this would lead to the invalidation of the provision of “rescue funds” (additional money provided in response to higher levels of spending by privately financed candidates or independent groups) in public financing schemes, a position which I developed more fully in the Harvard JLPP piece.

That shoe has not yet dropped, but a size 14  flowing from the same doctrinal position did drop this morning in Citizens United v. FEC.

Continue ReadingHas The Supreme Court Declared Victory for the Moles?