Myron Gordon, R.I.P.

I only really knew Myron Gordon as a judge on senior status and tried only one case before him. It was a challenge by the NAACP to the method of electing judges in Milwaukee County. The plaintiffs alleged that county-wide elections of judges denied black voters the opportunity to elect candidates of their own choice and sought election of judges on the basis of sub-county districts. We represented the Wisconsin Judges Association, which had intervened as a defendant. The judges did not want to be elected from smaller districts in which voters might not appreciate the array of considerations facing a judge. I remember, in particular, the testimony of one of our client’s members who said that he did not wish to depend only on his neighbors in a North Shore suburb for reelection. He felt that it would make it very difficult for him to give a defendant from the inner city the benefit of the doubt.

At the time we tried the case (1996), black candidates for judicial office had not done well in Milwaukee County. That has changed, but not because the plaintiffs prevailed. Judge Gordon ruled in our favor and the Seventh Circuit affirmed. I’d like to think that events — subsequent successes by black candidates on a county wide basis — have validated his judgment, but I may not be the best one to make that judgment.

Judge Gordon wasn’t — on the bench — a warm person.

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Will State Education Reforms Get a Boost from Obama?

When, if ever, has a president of the United States inserted himself as directly into a legislative issue in Wisconsin as President Barack Obama is doing by visiting Madison on Wednesday? Obama’s visit to a middle school a couple miles from the State Capitol will focus on education – and it comes as Gov. Jim Doyle and others are ramping up their push for a series of educational reforms, including giving much of the power over Milwaukee Public Schools to Milwaukee’s mayor.

Obama and Secretary of Education Arne Duncan, who will be with him, are firm supporters of many of the ideas being incorporated into the legislative package. Wisconsin clearly has to make changes such as these if it wants a decent chance at a share of the $5 billion in the Race to the Top money and other incentive funds Obama and Duncan will distribute over the next couple years.

It appears highly likely a special session of the Legislature will be called in November to consider the education proposals. The outcome is not clear.

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The NFL Commissioner Asks for Labor Law Reform?

Nfllogo Who knew that the commissioner of the NFL was such a labor law aficionado?  From Yahoo! News and the AP:

Frustrated by court decisions that blocked the suspension of two football players who tested positive for banned substances, NFL commissioner Roger Goodell is asking Congress for help.

“We believe that a specific and tailored amendment to the Labor Management Relations Act is appropriate and necessary to protect collectively bargained steroid policies from attack under state law,” Goodell said in testimony prepared for a House Energy and Commerce subcommittee hearing Tuesday.

Recent court decisions “call into question the continued viability of the steroid policies of the NFL and other national sports organizations,” Goodell said.

I have written previously about the interesting state law questions lurking in the case concerning the suspension of two Minnesota Viking players.

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