Justinians Honor Professor Blinka

rsz_danblinkaLast weekend, together with a number of colleagues (including Professor Emeritus James D. Ghiardi and Professors Irene Calboli and Thomas J. Hammer), I attended the Justinian Society’s annual Columbus Day dinner. The society consists primarily of Italian-American lawyers and their families and meets at the Third Ward’s Italian Community Center (which, former Milwaukee County Circuit Court Chief Judge Patrick T. Sheedy, L’48, once remarked, might well have been the “Irish Community Center,” if it had not been for the Lady Elgin disaster in 1860). The evening included the Justinian Society’s honoring our colleague, Professor Daniel D. Blinka, with its annual “Jurist of the Year Award.” The award was presented by Milwaukee County Circuit Court Judge John J. DiMotto, with citations also presented by Chief Justice Shirley S. Abrahamson and current Milwaukee County Circuit Court Chief Judge Jeffrey A. Kremers. One who does not know Prof. Blinka can get a sense, from this outline of Judge DiMotto’s remarks, of the remarkable way that Prof. Blinka devotes himself to teaching, scholarship, and service (see also this article from a previous alumni magazine). It was a privilege to be at the event, as well as to be Prof. Blinka’s colleague.

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Who Are Our People?

picresized_1255928517_44f5eb317716ee226f9fe3075b925dd1You may have heard that the Del Rio, Texas school district is policing a bridge that crosses the border with Mexico. Children crossing the bridge to attend school in the morning have been given letters seeking verification of their residency and explaining that non-residents will be expelled.

When you live in walking distance from the US-Mexico border, Newsweek points out, “the distinction between the U.S. and Mexico can get blurry—often children will pay visits on the weekend to family members who reside in Mexico and cross the border again Monday morning to go to class.”  Indeed, given recent rates of deportation, it is not at all unlikely that some children have (deported) parents living on one side of the border, while their citizen or permanent resident parents reside in Texas.

The trouble is that some of the students, allegedly, were crossing from Mexico every day to attend class in Texas.   And although public schools in the U.S. are forbidden by the Equal Protection Clause from denying education to children on the basis of their immigration status, schools do, of course, have the legitimate right to verify students’ residency in the district.  As the superintendent of the Del Rio district states, “It’s very simple. If you reside in the district, you can go to school. . . . . Texas has the same residency issues not just with children from Mexico but with children from Louisiana, New Mexico, Arkansas, and Oklahoma.” (An attorney for the Mexican-American Legal Defense Fund asks, “Why isn’t the school district setting up a roadblock on the east side of town to see if students are coming from an adjacent school district?”)

I read about the controversy on a number of different websites, and you can probably imagine the character of many of the comments.  But one particular exchange played into a question that I have become a little obsessed about recently:  who is an “American”?  Is an “American” identified by legal citizenship?  By something more?  By something different from that altogether?

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The Obama “Hope” Poster Case — Whoa!

(This is the 8th in a series of posts on Fairey v. Associated Press. See below for other posts in the series.)

I’ve been too busy to blog recently about the Hope poster case, but aside from the AP’s answer to Garcia’s claims of ownership, not much has happened. And frankly, given my schedule, I was hoping it would stay that way for a while.

No such luck. AP just issued a press release on recent developments in the case—and it’s a bombshell. It starts off slow, as though the AP was just tendentiously describing some deposition testimony. But then it gets to this:

Fairey’s counsel has now admitted that Fairey tried to destroy documents that would have revealed which image he actually used. Fairey’s counsel has also admitted that he created fake documents as part of his effort to conceal which photo was the source image, including hard copy printouts of an altered version of the Clooney Photo and fake stencil patterns of the Hope and Progress posters. Most recently, on October 15th, Fairey’s counsel informed The AP that they intended to seek the Court’s permission to withdraw as counsel for Fairey and his related entities.

Whoa!

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