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Fall 2010 a Crossroads for Discussion of Public Policy—This Is an Important Emerging Initiative of Marquette University Law School

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Fall 2010 a Crossroads for Discussion of Public Policy—This Is an Important Emerging Initiative of Marquette University Law School M a r q u e t t e u niversity Law s c h o o L Magazine Fa L L 2 0 1 0 eckstein hall opens Dean Kearney welcomes archbishop Dolan A ls o I n si d e : daniel d. Blinka on the changing role of trials and witnesses of new york, chief Justice abrahamson, and Matthew J. Mitten on taxing college football Justice scalia to Dedication Biskupic, Brennan, dressler, Meine, Sykes Faculty blog: Paul Robeson, Lady Gaga, and the breakdown $85 Million Project Sets Stage for Law School’s Future of social order n A e d t h e Laying the Foundation M o R F It is not unusual for me to invite you to read the Marquette University campus, where Lincoln latest issue of Marquette Lawyer. I am more self- stressed the importance of reading: “A capacity, conscious of it now because reading is much on and taste, for reading, gives access to whatever my mind. has already been discovered by others. It is the First, we have dedicated Ray and Kay Eckstein key, or one of the keys, to the already solved Hall—a building for whose exterior we set the problems. And not only so. It gives a relish, goal of being noble, bold, harmonious, dramatic, and facility, for successfully pursuing the yet confident, slightly willful, and, in a word, unsolved ones.” This speech helped inspire great; whose interior we wanted to be open our Legacies of Lincoln Conference, held last to the community and conducive to a sense of October to commemorate the sesquicentennial community; and that we intended would be, in of Lincoln’s Milwaukee speech and the Ithe aggregate, the best law school building in the bicentennial of his birth; papers from the country. One of the reasons that we succeeded conference, written by leading historians in the last of these matters, no less than the and lawyers, appear in the latest issue of the first two, is the amount of reading among law Marquette Law Review. You should read it (send students that the building will occasion. Whether me an e-mail, and I will send you a copy). it is the magnificent Aitken Reading Room, the Finally, Marquette University enters the comfortable Huiras Lounge, the sweeping Gallery final year of the presidency of Rev. Robert A. overlooking the Marquette Interchange, or any Wild, S.J. Father Wild stands out among the number of other places, even this very social 22 presidents of the University in terms of building will provide students places that attract his commitment to the Law School. Eckstein them to sit and read the law. Hall is only the most visible testimony. But I am reminded of Father Wild here because he is a great reader. I knew in 2005, in writing the memorandum “The Physical Future of the Law School,” and a year later, in writing with Tom Ganey, the university architect, a critical memorandum concerning site selection for a possible new building (and associated parking), that Father Wild would read even reasonably lengthy memoranda that I might put before him. Such a willingness to read cannot be presumed in this modern world, which has more distractions even than when I entered the practice two decades ago. Our students would benefit from the example of Abraham Lincoln, Second, in the Aitken Reading Room, you Father Wild, and, as you even now demonstrate will find Don Pollack’s outstanding painting, with this magazine, you. commissioned for this building, Laying the Foundation. It draws on Abraham Lincoln’s Joseph D. Kearney 1859 speech in Milwaukee, on the present-day Dean and Professor of Law Marquette Lawyer F A L L 2 0 1 0 F e A t ur e 6 6 Eckstein Hall—The Other Marquette Interchange dedication of the new law school home FACULt Y I n SIG h t S 12 Blogging the Law, Blogging the Culture david R. Papke, J. Gordon hylton, Kali n. Murray, erik Ugland, Bruce e. Boyden Marquette Faculty 18 Why Modern evidence Law Lacks Credibility 23 daniel d. Blinka, Marquette Law School 23 Seeking Better Field Position: targeted Reform of Commercialized Intercollegiate Athletics Matthew J. Mitten, Marquette Law School, et al. F R o M t h e P o d ium editor: Alan J. Borsuk 26 Aldo Leopold and the Ripples of a Water ethic in Wisconsin Production: Jane eddy Casper, Curt Meine, director of Conservation Biology and history Christine Wilczynski-Vogel of the Center for humans and nature design: douglas Frohmader, 57 Andy haas Schneider 28 Make My day: “Feminism” and the Changing Law of Self-defense Marquette Lawyer is published by Marquette University. Joshua dressler, Frank R. Strong Chair in Law, the ohio State Please send address University, Michael e. Moritz College of Law changes to: Marquette University 29 When Judicial Gender divisions Really Aren’t Law School hon. diane S. Sykes, of the U.S. Court of Appeals for the Seventh Circuit office of Alumni Relations eckstein hall 31 Doing the Right thing When the Crunch Comes P.o. Box 1881 Joan Biskupic, Supreme Court Reporter for USA Today Milwaukee, WI 53201-1881 Phone: (414) 288-7090 33 Remembering, and Learning from, the Best of the Legal Profession Fax: (414) 288-6403 Michael B. Brennan, Gass Weber Mullins, LLC law.marquette.edu Copyright 2010 Marquette University All rights reserved 2 Message from dean Kearney 4 Law School news Political crossroads, 4 Lawyer(s) of the Year, 4 on the cover: Improving MPS, 5 Archbishop timothy M. dolan of new Elder’s Advisor conference, 5 York, Wisconsin Supreme Court Chief 34 Alumni Class notes Justice Shirley S. Abrahamson, United Patricia McGowan, 34 States Supreme Court Justice Antonin Jerome Janzer, 35 Scalia, and Marquette Law School dean Christine Woleske, 36 Joseph d. Kearney in the Zilber Forum of Laurence Fehring, 37 eckstein hall on September 8, 2010. Greg heller, 38 Robin Rosche, 39 Marquette Lawyer 3 Marquette Law school > Shedding Light on hot Issues MarqUetteMarquette Law SChooL Shedding Law sLightchoo on HotL IssuesNEWS Shedding Light on Hot Issues Election trails to cross through Eckstein Hall for debates, forums Autumn is often the hottest season candidates for governor are expected to of the year in Wisconsin—when it be held in October. comes to politics. That is certainly the In addition, Gousha is scheduled to case this year, as strongly contested moderate a discussion about the role battles for governor, the U.S. Senate, of money in elections and whether and and control of both houses of the how it should be regulated at 12:15 p.m. legislature have put Wisconsin in a on October 5. Offering their decidedly prominent position on the national different views will be Jay Heck, political map. executive director of Common Cause Wisconsin, and Rick Building on its commitment to be a place for serious Esenberg of the law faculty. Adiscussion of major issues and taking advantage of the And at 12:15 p.m. on October 26—just a week before the extraordinary facilities in the new Eckstein Hall, Marquette November 2 election—Gousha will host the state chairmen Law School will play a major role in the political events of of the two major political parties, Republican Reince Priebus the fall. and Democrat Mike Tate. The Appellate Courtroom in the new building was the site Marquette leaders want people to regard Eckstein Hall as in August of a one-hour “town hall challenge” between the “the other Marquette interchange.” Located adjacent to the two major Republican candidates for governor, Milwaukee heavily traveled freeway crossroads, the Law School aims to County Executive Scott Walker and former Congressman provide a heavily used setting for considering major issues Mark Neumann. The session was broadcast live on television facing Milwaukee and Wisconsin. and radio stations across the state as part of the “Up Joseph D. Kearney, dean of the Law School, said, “From Front” program hosted by Mike Gousha, the Law School’s the origins of designing this great building, we placed a distinguished fellow in law and public policy. The program premium on providing space and opportunity for public originates from WISN-TV (Channel 12) in Milwaukee. discussion of the events most important to our community.” Again with Gousha moderating and the Appellate National political experts have described Wisconsin as one Courtroom as the venue, debates between the two major of the places most worth watching as elections near. One of candidates for U.S. Senate and between the two major the best places for doing that watching will be Eckstein Hall. The Lawyer(s) of the Year aybe it would have been more accurate to call the Milwaukee Bar Association’s award “the program of the year,” but no Mone had trouble getting the message when the organization recognized the Milwaukee Foreclosure Mediation Program as “Lawyer of the Year.” The program was recognized for “activities and extraordinary accomplishments over the previous year [that] reflect well not only on the award winner but also on the profession in general.” The Law School’s leadership of the program has been directed by Daniel Idzikowski, L’90, assistant dean for public service; Natalie Fleury, coordinator for dispute resolution programs; Debra Tuttle, L’87, chief mediator; and Amy Koltz, L’03, program coordinator. With the involvement of Milwaukee Mayor Tom Barrett and Wisconsin Attorney General J. B. Van Hollen, state and city funds were made available for Marquette University Law School, the Legal Aid Society of Milwaukee, and other organizations, judges, and lawyers in private practice to launch the program. The program offers mediation to lenders and homeowners who are involved in court proceedings related to foreclosure.
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