{"id":27967,"date":"2018-10-29T11:04:22","date_gmt":"2018-10-29T16:04:22","guid":{"rendered":"http:\/\/law.marquette.edu\/facultyblog\/?p=27967"},"modified":"2018-10-29T11:04:22","modified_gmt":"2018-10-29T16:04:22","slug":"new-marquette-lawyer-magazine-examines-war-powers-state-supreme-court-elections-legal-scholarship-ethics-and-more","status":"publish","type":"post","link":"https:\/\/law.marquette.edu\/facultyblog\/2018\/10\/new-marquette-lawyer-magazine-examines-war-powers-state-supreme-court-elections-legal-scholarship-ethics-and-more\/","title":{"rendered":"New Marquette Lawyer Magazine Examines War Powers, State Supreme Court Elections, Legal Scholarship Ethics, and More"},"content":{"rendered":"

The bald eagle symbolizes the strength of the United States, not least when the country uses its military power. The eagle on the cover of the Marquette Lawyer<\/em> magazine, Fall 2018 issue, shows the determination, even the fierceness, of the eagle during times of war.\"\"<\/a><\/p>\n

But the process involved in deciding where and how that eagle flies is more complex than many people may realize. In the cover story in the new Marquette Law School magazine, David J. Barron,<\/strong> judge of the U.S. Court of Appeals for the First Circuit and formerly a Harvard Law School professor, insightfully examines three chapters in American history when a president and leaders of Congress had differing positions on use of power. Barron focuses on three of the nation\u2019s most revered presidents: George Washington, Abraham Lincoln, and Franklin D. Roosevelt. The article is an edited and expanded version of the E. Harold Hallows Lecture<\/strong> that Barron delivered at the Law School in April 2018. To read the article, click here.<\/a><\/p>\n

Interspersed throughout the article are reactions by three individuals with different perspectives on the relationship between Congress and the commander-in-chief: Russ Feingold,<\/strong> former three-term U.S. senator from Wisconsin and currently distinguished visiting lecturer in international studies at the University of Wisconsin\u2013Madison; Julia R. Azari,<\/strong> associate professor of political science at Marquette University and a scholar of the American presidency; and Benjamin Wittes,<\/strong> editor in chief of Lawfare<\/em> and senior fellow in governance studies at the Brookings Institution.<\/p>\n

Barron\u2019s article, together with the reactions, is only one of the thoughtful and thought-provoking pieces in the new Marquette Lawyer<\/em>. Elsewhere in the magazine:<\/p>\n

Have Wisconsin Supreme Court<\/strong> elections become more partisan in the last several decades? Many people assume so. But what are the facts? In an analysis of data on elections, Charles Franklin,<\/strong> the Law School\u2019s professor of law and public policy, provides a research-based perspective that there is, indeed, a growing pattern in which voting in supreme court elections aligns with voting in partisan elections. To read Franklin\u2019s analysis, click here<\/a>.<\/p>\n

Chad Oldfather,<\/strong> professor of law at Marquette and associate dean for academic affairs, is a strong advocate for ethically sound standards in legal scholarship. His exchanges on that with colleagues from around the country led to his convening, together with fellow professors Paul Horwitz <\/strong>(University of Alabama) and Carissa Byrne Hessick<\/strong> (University of North Carolina), a roundtable conversation involving 11 experts over two days at Marquette Law School in Fall 2017. A set of stories, some drawing from the most recent issue of the Marquette Law Review<\/em>, describes the goals of the session, provides excerpts from the proceedings, and offers a draft of the statement that emerged on basic norms of ethical legal scholarship. Also in the set of stories is one of the papers that was offered at the forum in which Hessick discusses the pros and cons of law professors\u2019 use of Twitter. To read the set of stories, click here<\/a>.<\/p>\n

There are five strong reasons to read the \u201cFrom the Podium\u201d <\/strong>section of the magazine, namely:<\/p>\n