Political Clout and the Lack Thereof

It’s a basic tenet of American political systems that there are checks and balances, with each branch of a government unit  operating with powers that are not controlled by other branches.

Consider what is about to unfold in the Wisconsin Legislature a particularly vivid lesson in that.

Gov. Jim Doyle has called a special session of the Legislature for Wednesday to consider two proposals, one of them dealing with control of Milwaukee Public Schools, giving almost all of that control to the mayor of Milwaukee, and one dealing with what to do about chronically low performing schools in the state, giving broad power to the state superintendent of public instruction to take control of such schools and change them.  

A month ago, President Barack Obama and Secretary of Education Arne Duncan came to Madison to make an appearance that had a strong subtext of urging that these proposals be supported. Doyle strongly backs them, as does Milwaukee Mayor Tom Barrett.

So you have the president, the secretary of education, the governor and the mayor of the state’s largest city, all of them Democrats, asking the Democratically-controlled Legislature to take up and approve these ideas.

And what’s most likely to happen? Nothing, at least for now.

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Natural Law and Legal Education

Last week a student contacted me via email to say he was having difficulty preparing for my exam.  His nervousness, the student said, derived from training as a “law-student machine” whose job was to memorize and regurgitate rules.  He feared that my exam would ask him to do something different than that.

I think the student has subsequently found that my exam was not so odd after all, and I am confident that he did well.  However, his comment led me to reflect on the thrust of legal education at the four law schools at which I’ve taught.  The schools rarely inspire law-related creativity and imagination.  Students think (and are asked to think) so much about what the laws are that they almost never focus on how to modify, reform, or redo the laws.  They do not ask what the laws might be.

What are the causes of this phenomenon? 

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Add Judges To The List of Professionals Who Must Take Care In Using Facebook

facebook-scales-2Professor Lisa Mazzie posted a blog entry back in September about the use of Facebook and other social networking websites by lawyers.  The post shed light on the trouble an attorney can face when the substance of his or her webpage falls short of professional standards.  As Professor Mazzie explained, postings that “criticize” judges, “reveal” client details, or “belie” statements made before a court can land an attorney in hot water.

Those facts should not surprise present and former Marquette students: we were presented with the professional dangers of social networking during new student orientation.

It likely was only a matter of time, but it seems that state ethics committees have turned their attention to the judiciary.  The Florida Judicial Ethics Advisory Committee released an opinion last month that, among other things, finds it inappropriate for a judge to “friend” lawyers on social networking sites when those lawyers may appear before that judge.

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