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Judge Paul J. Watford on the Birth of Federal Civil Rights Enforcement

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Judge Paul J. Watford on the Birth of Federal Civil Rights Enforcement JUNIOR JUDGES OR JUDICIAL ASSISTANTS? The Role of Law Clerks MARQUETTE UNIVERSITY LAW SCHOOL MAGAZINE FALL 2015 ALSO INSIDE: Franklin, Morse, Myers, Ranney, Williams, Zimmer Judge Paul J. Watford on the Birth of Federal Civil Rights Enforcement ALSO INSIDE: Bob Scott Takes on Williston and Corbin—and Macaulay, Whitford, and Triantis Engage with Scott The Challenges Facing Catholic K–12 Education Nine Marquette Professors on Hot Issues in Sports Law HeadlineOf Foxes, Hedgehogs,GB 24 blue and Marquette Law School FROM THE DEAN BodyIt has GB become 9.5/12.5 an 1st accepted paragraphy truism (700 in academiaWords) In turn, the foxes help transmit the advances achieved FROM THE PROVOST thatSecond there are paragraph: two fundamental Body GB intellectual 9.5/13/5 styles: by their hedgehog friends, helping produce new the fox and the hedgehog. The ancient Greek poet applications of those ideas, both in other disciplines Archilochus observed that “the fox knows many things, and practical settings. but the hedgehog knows one big thing.” Following This distinction applies not just to individual Sir Isaiah Berlin’s famous interpretation of the line, academicians but also to academic organizations we have come to believe that intellectual pursuits (departments, schools, colleges, centers, and (and careers) are characterized by either a singular, institutes). Research centers, for example, may coherent, abiding focus or a collection of approaches be more hedgehog-like if they are constructed Iand ideas that are seemingly unconnected, eclectic, to focus attention on a specific problem and are and even disorganized. The notion has transcended populated with scholars from a subdiscipline who traditional disciplinary boundaries and been adopted are concatenating their resources to get better by scholars in fields ranging leverage over that problem. Or, they can be more T from the most interpretive fox-like if they organize themselves as a purposely and humanistic to the most multidisciplinary entity, either bringing foxes in basic of the sciences and touch with hedgehogs or attempting to produce a even to the most practical fox functionality by linking a disparate collection technical disciplines. Indeed, of hedgehogs. I first considered my own Law schools, like most academic divisions, have orientation across this a natural tendency to operate more like hedgehogs divide after reading biologist than foxes, and this tendency is reinforced by an Stephen Jay Gould’s treatise, administrative structure that sets the law school in a The Hedgehog, the Fox, and somewhat peripheral functional location at a university. the Magister’s Pox, in the They often have separate financial arrangements, wake of being accused of student bodies, faculties, physical facilities, and even dilettantism by my long- separate grading systems and academic calendars that suffering Ph.D. advisor. As are not shared with the rest of the university. Given Daniel J. Myers joined Marquette University as provost on July 1, 2015. a sociologist who dabbled these presses, it is incumbent on law schools to resist Marquette Lawyer invited Provost Myers in game theory, economics, and to find ways of becoming more vulpine in their to introduce himself. pure mathematics, activities and reach. psychology, computer science, and even a little In my short time at Marquette University, I have sociology in the course of creating my dissertation, quickly come to recognize and appreciate an explicit I did not find it difficult to recognize myself as a attempt on the part of our law school to nurture that fox. Happily, the fox orientation has proved to be impulse. Its Public Policy Initiative—exemplified by the invaluable as an academic administrator, where one “On the Issues” series—has made it, without question, is required, often on an hourly basis, to shift cultures “Milwaukee’s public square.” Its lecture series reaches and vocabularies. across not just policy and political divides but also While hedgehogs and foxes sometimes cast disciplinary chasms, particularly as related to the urban aspersions toward one another of being either myopic condition. And its ongoing voter poll is interdisciplinary or unfocused, they usually are content to ignore one by definition, producing data of the highest quality, another and go about their pursuits (or pursuit, in the used both by scholars and journalists. These activities case of the pure hedgehog) without worrying about not only benefit those outside the university, but they the failings of the other. At times, however, some can make us a better Marquette and make the Law School recognize the value of both styles: the fox can bring a richer experience for its students and faculty. in novel insights from flitting around the disciplines, while the hedgehog uses those outsights to bear down Daniel J. Myers on the fundamental problem monopolizing its gaze. Provost 2 Fall 2015 MARQUETTE LAWYER FALL 2015 Of Foxes, Hedgehogs, and Marquette Law School FEATURES 8 Judicial Assistants or Junior Judges? Excerpts from a Symposium on Law Clerks 32 Downturn on the Home Front The Marquette Law School Poll Sheds Light on Public Opinion About Governor Scott Walker by Charles Franklin 36 Great Judges and Great Issues Field Notes from a Fellowship in Wisconsin Legal History 8 by Joseph A. Ranney 48 FROM THE PODIUM 42 Criminal Law and Common Sense Excerpt from the George and Margaret Barrock Lecture on Criminal Law by Stephen J. Morse 45 You Never Know Where Your Career Will Take You Remarks by Michael J. Zimmer, L’67, at the end-of-year dinner of the Marquette Law Review 48 The Wisconsin Supreme Court: Can We Help? Remarks by Joseph D. Kearney to the Western District of Wisconsin Bar Association 51 Milwaukee Bar Association’s Lifetime Achievement Award Remarks by Phoebe W. Williams, L’81 Editor: Alan J. Borsuk 2 From the Provost Design: Douglas Frohmader, Andy Haas Schneider 4 Law School News Copy editor: Amy Bauman Poll Finds Support for Regional Cooperation in the Chicago Megacity, 4 Photography: John Nienhuis, Mike Gryniewicz Law Student Argues on Winning Side Before U.S. Court Cover art by Robert Neubecker of Appeals for the Armed Forces, 5 Please send address changes to: Conference Aims to Educate on the Scourge of Human Trafficking, 6 Marquette University Law School Office of Alumni Relations Strifling Named to Head Expanded Water Law and Policy Initiative, 7 Eckstein Hall, P.O. Box 1881 Milwaukee, WI 53201-1881 Weighing in on the Future of Milwaukee’s Cultural Assets, 7 Phone: (414) 288-7090 Fax: (414) 288-6403 53 Class Notes law.marquette.edu Copyright 2015 Grant Langley, 55 Marquette University. Kathie Buono, 56 All rights reserved. Jack Miller, 59 Marquette Lawyer 3 59 Poll Finds Support for Regional Cooperation LAW SCHOOL NEWS LAW in the Chicago Megacity recent story in the Milwaukee Journal Sentinel described the limitations of seeing meteors in A the night sky if you’re in a place with a lot of background light. The story added, “In images of Earth at night from space, hardly a single dark pixel exists between Gary, Ind., and Milwaukee.” The tri-state region may look like one city from space, but at ground level it is divided into hundreds of political units that often do not work cooperatively with each other. Yet important interconnections do exist in the region that some call the Chicago megacity, and important questions about the best way to build the future of the region are receiving serious attention. Marquette Law School is playing a valuable role as a crossroads for considering those questions. In 2012, the Law School hosted a conference, “Milwaukee’s Future in the Karen Freeman-Wilson, mayor of Gary, Indiana, joined Milwaukee Mayor Chicago Megacity,” following the release of a report from Tom Barrett and Racine Mayor John Dickert in a panel discussion during the Paris-based Organisation for Economic Co-operation a July 2015 conference at Marquette Law School. and Development (OECD), which assessed strengths, another. Important differences, he said, fell along partisan weaknesses, and challenges facing the tri-state region. The and economic lines, rather than geographic lines. overall theme of the report was that more cooperation on In one of two panel discussions at the conference economic development issues would enhance growth in following Franklin’s discussion with Mike Gousha, what has been a slow-growing region. distinguished fellow in law and public policy, Karen In July 2015, the Law School followed up with Freeman-Wilson, mayor of Gary, expressed skepticism an extensive Marquette Law School Poll assessing about the level of support for regional cooperation shown public opinion in the 21 counties of Indiana, Illinois, in poll results. and Wisconsin that form the megacity. A conference, “I thought people were being a little aspirational in their “Public Attitudes in the Chicago Megacity: Who are [poll] answers,” she said to David Haynes of the Milwaukee we, and what are the possibilities?,” cosponsored by Journal Sentinel, who moderated a conference panel. the Milwaukee Journal Sentinel, described and offered She characterized the expressions of support for regional perspective on the poll results. The poll, the first of development as “wholly inconsistent with what I have its kind, found that substantial majorities in each of experienced as mayor.” For example, she said that, both the three states want to see political leaders make it a among residents of Gary and in other parts of northwestern priority to act in the best interest
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