FOUR MODELS OF WHAT IT MEANS TO BE A MARQUETTE LAWYER

At Marquette Law School’s annual alumni awards event on April 3, 2019, at Eckstein Hall, Dean Joseph D. Kearney referred to the four recipients as “anomalies.” In fact, he applied that term to all of the several hundred people who attended the program.

“There is no requirement that anyone remain involved with his or her law school, years after graduation,” Kearney said. He said that he was happy to label the alumni being honored as “anomalies” who didn’t float on the ebbing tide that, as time passes, carries many lawyers far away from connections to the law school from which they graduated.

The four award recipients have followed diverse career paths, each with great success. But the bond they still feel to Marquette Law School—and the ways they continue to show this—brought them together. In the words of ’s President Michael R. Lovell in introducing the event, the awards “honor what makes Marquette great—that is, our graduates and the work that they do, going out to change the world.” Here are edited excerpts from the presentations given about each of the recipients and the recipients’ acceptance speeches.

ALUMNA OF THE YEAR JUSTICE ANNETTE ZIEGLER, L’89

From Dean Joseph D. Kearney The Honorable Annette Kingsland Ziegler arrived to law school and the legal profession largely without direct examples: In particular, she had no lawyers in her family. At the same time, she brought parts of her upbringing to the endeavor: Among other things, a job in the hardware store that her parents owned outside Grand Rapids, Michigan, gave her both considerable experience in working with people and an appreciation of the value of hard work. Perhaps reflecting both of those things, when Annette Kingsland attended nearby Hope College in Holland, Michigan, her primary areas of study were psychology and business administration. Here we come to a demonstration of how a great university such as Marquette can enrich a state in lasting ways. Upon applying to law schools, Justice Ziegler visited Marquette University and Milwaukee for the first time. She felt an immediate connection. During the ensuing three years of law school, she was proved correct in her assessment of the fit between herself and Marquette. Asked in connection with this award to identify “a faculty member who had a positive effect on you,” Justice Ziegler answered, “There were so many.” One example is no longer with us: Professor Jim Ghiardi. Two others are retired: Professor Jack ALUMNI AWARDS

38 MARQUETTE LAWYER FALL 2019 FOUR MODELS OF WHAT IT MEANS TO BE A MARQUETTE LAWYER

I want to mention some things that you cannot look up in the law books. Some of it is civic service of a less-prominent sort than tenure on the Supreme Court. In Justice Ziegler’s case, this may be— depending on the moment—continuing education programs for lawyers or other judges, for an example that one of her colleagues on the court particularly noted in a nomination letter, or it may involve service outside the legal profession, especially in her adoptive Washington County. Or it may be her exceptional support, in a variety of forms, of Marquette University Law School. Whether it is service on the Law School Advisory Board, Justice Annette Ziegler with her husband, J.J. or frequent visits here to Eckstein Hall (and, previously, Sensenbrenner Kircher, whose Socratic method Thompson appointed her to the Hall) for moot court programs and she recalls, and Professor Christine Washington County Circuit Court in the like, or much less public ways Wiseman, of whom the justice has 1997, whereupon she was duly elected that she has supported my efforts as ALUMNA OF THE YEAR said, “The room would resonate and reelected. She was then elected dean, Annette Ziegler does not merely with her intense love of the law to an open seat on the Wisconsin espouse through her words but also JUSTICE ANNETTE ZIEGLER, L’89 and pursuit of justice.” Others are Supreme Court in 2007, in a contested demonstrates through her actions very much part of the Law School race. For a striking fact—indeed, one the importance that she places on today, 30 years on: “Professors Tom without any analogue during her now our work. I speak for the Marquette Hammer and Dan Blinka have an 12 years on the court, which have Law School community when I say ability to make the law come to life.” brought eight other elections—her 2017 how grateful we are for that. Of course, it is what Annette statewide reelection campaign was There is an especially consistent Ziegler has done, with the Marquette uncontested. That is powerful testimony theme here. It is reflected in one of law degree, that prompts tonight’s about the estimation of Justice Ziegler Justice Ziegler’s favorite quotes—I recognition. She appreciated the within the legal community and the know this because I have heard her opportunity in private practice, at the state of Wisconsin more generally. share it with our new graduates at the firm now known as O’Neil, Cannon, Justice Ziegler has authored annual bar-admission ceremonies. It is Hollman, DeJong & Laing, where she scores of opinions setting forth the sometimes attributed to Thomas Edison: spent several years before beginning law of Wisconsin on topics ranging “Opportunity is missed by most people a career, truly, in public service. This from lower-profile ones (insurance because it is dressed in overalls and began with work as a prosecutor, first or underinsured-motorist law, for looks like work.” I know from both as a special prosecutor for Milwaukee example) to matters (such as criminal objective and inside sources—including County and then as an assistant United or constitutional law) more likely Marquette lawyers who have served as States attorney. Governor Tommy to find their way into the news. her law clerks—just how

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ALUMNI AWARDS

Ziegler works to serve the people of think, with its clinical opportunities Wisconsin. Of course, if your baseline is and the teachers and the professors LIFETIME ACHIEVEMENT experience in a job under the watchful and the way they go about things. eye of your parents in the store that It’s nothing new for Marquette. PROFESSOR AARON D. TWERSKI, L’65 was their livelihood, that explains a lot. And a Marquette lawyer leaves here From Dean Kearney From Justice Annette Ziegler with not just a profession. Really, a Aaron Twerski calls Brooklyn, New I really am deeply honored and Marquette lawyer, I think, leaves here York, his home. That is reasonable humbled to be here on this stage with a calling, a calling to serve. enough: He has taught in the New with these other award recipients. This award really is for nothing that York area for decades—primarily at If you think about it, a girl who I have singularly done. I really think , for more than grew up sweeping the floors in her that it’s a lot more about the people 30 years, where he serves today as parents’ hardware store, sitting here out there, the people in our class, the the Irwin and Jill Cohen Professor at Marquette on the stage getting this professors who taught us, the great of Law. And he spent more than a award—I find that frankly amazing. lawyers with whom I’ve worked, the decade and a half on the faculty of This award really doesn’t belong to judges with whom I served on the trial the nearby Hofstra University School me as much as it does to the people bench for a decade, and my colleagues of Law, including his tenure as dean. who have influenced me—especially on the now. At the same time, and for an my parents, in no small measure. They Finally, I would say, as others admitted bit of conjecture, I believe did teach me the meaning of a hard have said, awards are really nice, that Professor Twerski considers day’s work, an honest day’s work, trust, and having an important job is really Milwaukee to be his home as well. honesty, ethics, integrity. I grew up in a great. But the most important thing Marquette University Law School faithful household where you had to do is family. Some could not be here. must be part of the reason for this: the right thing. My parents would love Bernie Ziegler, my late father-in-law, A member of our Class of 1965, he to be here; I know they would. They’ve and Peg, my mother-in-law, have been thrived as a student here. Indeed, it been married 68 years. Dad passed amazingly supportive over the years. was here that he determined—early away last year around Christmas time. My stepdaughter, Keller, is in Arizona, on, as I understand—that to be a And Mom can’t travel the way she used raising three children under 10 and law professor was his future. This he to, but I know they’re here in spirit. running a business. Laura Sommer, accomplished with remarkable alacrity: On a lighter note, the other day I my niece, who used to work for Upon graduation, and after a year in came across an old Saturday Night Live Marquette, and her husband, Grant, Washington, D.C., as a trial attorney in skit with Father Guido Sarducci. He was came today. My husband is here, J. J., the honors program of the United States offering what he called a five-minute and I couldn’t do any of this without Department of Justice and one year education. His thought was that, five you, honey; I just couldn’t. That’s all as a teaching fellow at Harvard Law years after graduation, most people there is to it. It’s one thing to have School, he was Professor Twerski by retain very little from what they’ve a good, supportive, kind family, but 1967. This was at Duquesne University, learned, as with, say, Spanish. At the some days the robe is really heavy. in Pittsburgh, where he served for four end of the skit, he said, “I’m actually And when you come home to a good years before moving to New York. thinking about starting a one-minute family and you can check it at the The Marquette University law law school.” And I thought to myself, door, it makes everything better. degree is not the only reason that you know, that might be kind of the Charlie and Drew, who I know would we here feel such pride in Professor case for a lot of lawyers from a lot of love to be here, are our two sons. Twerski. He is a native Milwaukeean. law schools five years out. They don’t This award is due to all of you It is here that his father, Jacob, was— have a lot of tools in the toolbox, not more than me. So I hope you take a and his brother, Michel, is—the rabbi a lot of memories. But that’s not the piece of it with you today. But I’m of the Beth Jehudah congregation way it is for a Marquette lawyer. going to close with one quote that on Milwaukee’s west side. We learn a lot more. We learn the dean didn’t mention, and that’s Professor Twerski’s primary home, about serving our community. We from Maya Angelou. It’s one of my for our purposes, is the law school learn about service above ourselves. favorites. She would say, “people classroom and the legal academy—and You know, there’s this phrase, will forget what you said, people not just the particular school at which “experiential learning,” that’s really will forget what you did, but people he happens to be teaching. This man popular now, but Marquette’s been will never forget how you made is a giant in that most important realm: doing experiential learning since them feel.” And you make me feel the law of torts. His articles, probing, pretty much the beginning of time, I really great today. Thank you. examining, dissecting, and assessing

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LIFETIME ACHIEVEMENT PROFESSOR AARON D. TWERSKI, L’65 tort doctrines, have appeared in the law reviews at Columbia, Cornell, Georgetown, Hastings, Marquette, Michigan, NYU, Pepperdine, University of Southern California, Vanderbilt, Rabbi Aaron Twerski is joined at the alumni awards event by family members from Milwaukee. From left: Washington University, and Yale (I Rabbi Dovid Kossowsky, principal of Yeshiva Elementary School; Rabbi Sholem Horowitz; Rabbi Michel Twerski, leader of Congregation Beth Jehudah and Aaron Twerski’s twin brother; Rabbi Aaron Twerski; arbitrarily limited myself to a dozen, Rabbi Benzion Twerski of Congregation Beth Jehudah and Michel Twerski’s son; and Rabbi Chaim Twerski which in this instance I could multiply of Congregation Beth Jehudah and Benzion Twerski’s son. more than six-fold, and carefully listed them in alphabetical order, although it is Twerski, in 2009, with the Robert When I was at the Department a nice thing that Yale comes last). These B. McKay Award, which recognizes of Justice, I received a call from various academic articles, together with a law professor in the fields of tort asking me to a number of books, are a lifetime’s and insurance law who is committed come for an interview. How did work for most people, I would say. to the advancement of justice, that happen? An adjunct professor Yet I do not believe that they even scholarship, and the legal profession. at Marquette, Bill Kiernan, who is rank as Professor Twerski’s primary Nor should there be any no longer alive, taught Conflicts of contribution to the legal academy and misimpression that his expertise Law. It was the time when New York profession. For he also served as co- is simply academic. To give only a decided Babcock v. Jackson, and it reporter, along with Professor James leading example, Professor Twerski was the rage. I sat there in the front Henderson of , of the was appointed as a special master in row of his class and shook my head Restatement (Third) of Torts: Products the federal 9/11 cases concerning the once or twice—or throughout the Liability. The restatements, initiatives injuries suffered by those involved semester—and he would say, “Twerski, of the American Law Institute, are in the cleanup of the World Trade what’s wrong?” And I would tell him. monumental projects—requiring of Center site after the attack on the He reminded me of a great Talmud the reporters immense scholarship United States. There is a host of teacher that I had, Rabbi Menahem and not much less political skill. As civic and other activities in service Sacks of Chicago, when I was a much as its predecessors—indeed, of communities of which he is part. youngster. I would ask a question, perhaps even more so, given the Suffice it to say that they are as and he would say, “Twerski, you’re increased fragmentation and divisions extensive and impressive as you would 100 percent right. But I’ll show you in views of substantive law in recent expect of someone with Professor where you’re wrong.” And that’s decades, as in so many other spheres Twerski’s intellect and humanity. what Bill Kiernan did with me. of life—the Third Restatement of Professor Aaron Twerski, for a In any event, unbeknownst to Torts is a towering accomplishment. lifetime of teaching, scholarship, and me, Bill Kiernan wrote to Harvard, I expect that this affords some service in the law and, if I may, for saying, “You ought to look into this window into the estimation and your unsurpassed representation of fellow.” And that was the start of my repute in which the legal academy and the Marquette University mission of teaching career. I would not have profession hold Professor Twerski. excellence, faith, leadership, and service, been able to make it in a teaching Quite apart from my having adduced it is a great and humbling privilege for career if not for what Bill Kiernan evidence to support the characterization, me to ask you to please accept the Law did without even telling me that he you may see it supported by the School’s Lifetime Achievement Award. was doing it. So I am indebted to judgments of others: In 2016 the From Professor Aaron Twerski Marquette Law School in a way that Association of American Law Schools I owe a whole lot to Marquette I cannot even begin to express. presented Professor Twerski with Law School. Not only was I mentored I have lots of family here, and the William L. Prosser Award, which here by two giants in the profession, many from the Milwaukee community recognizes outstanding contributions Professors Jim Ghiardi and Ray J. Aiken, of my brother, Rabbi Michel in scholarship, teaching, and service but I have a story to tell. When I Twerski, are here. I’m grateful to in the area of torts and compensation graduated law school, someone who them for showing their support. systems. This followed the American looked like me was not going to get Marquette Law School is a Bar Association’s honoring Professor hired. Marquette stood behind me. great place.

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THE HOWARD B. EISENBERG SERVICE AWARD LISETTE KHALIL, L’07

From Dean Kearney attributes much of her affinity for grant This award remembers my great writing to her law school education— predecessor, whose service to the more specifically, to her first-year larger society and the profession would legal writing classes. The ability to be legendary except for the fact that write concise, persuasive arguments, it actually happened, even within responsive to specific questions, has the memory of many of us (Dean been a central component of her Lisette Khalil, with her husband, John Eisenberg died in 2002). To be sure, success in a highly competitive sphere. the Marquette Law School tradition of In all of this, Lisette is, in the words service well antedates Dean Eisenberg. of one of her nominators, thoughtful, From Lisette Khalil It is a timeless aspect of our mission. strategic, creative, and driven. Her Being recognized for service Lisette Khalil’s professional activity skills include the ability to process work in any capacity would be a comes not in the courtroom or so information quickly, summarize facts, true honor, but being recognized by much in the legal profession per se as and lead conversations. This last aspect Marquette is especially meaningful. it does in the larger civil society—in of her activities speaks to the emotional I’ve always appreciated how Marquette the world of nonprofit leadership. She intelligence—as it is sometimes called— and the Jesuit tradition are able to serves as operations director of the upon which Lisette draws in her work. interconnect faith and service, and Wisconsin Women’s Health Foundation One of her nominators pointed not that’s what made me feel welcome in Madison. Her work involves helping just to the talented colleagues whom here when I was a student. That is create innovative programs to provide Lisette has hired but to her support of also what makes this recognition very health education and direct services to them—resulting in low turnover and, meaningful but also overwhelming. women and families across the state. more substantively, better reporting I need to thank my fantastic The description sometimes sounds and data analysis for the Wisconsin colleagues and friends and mentors rather general or high level: For Women’s Health Foundation’s funders who took the time to be here. I example, Lisette frequently is asked and improved opportunities with its think we all know that none of to sit on steering committees and partners. Some of her previous positions us works in a vacuum, and any planning groups that shape state health have helped Lisette develop these impact that I’ve been able to have goals and public health initiatives. abilities—including her work while in is directly related to the incredible In this, we will not doubt that her law school addressing family violence, caliber of people who’ve been pre-law-school background, which as a specialist at Catholic Charities Child surrounding me both professionally includes a master’s degree in public and Family Ministries, and her service and personally for the last 20 years. health, helps her see the big picture. here in Milwaukee, for two years, upon And then, last, I need to thank my Yet Lisette is a lawyer. So it will graduation as executive director of family. Some of you may know that not surprise you that her work is Centro Legal por Derechos Humanos. I get to live in a house with three attentive to—or more accurately, Lisette, your work for the Wisconsin awesome guys. My husband, John, is grounded in—the particulars, or the Women’s Health Foundation, part of here, and our oldest son, Jack, is here. details. Competition for funding in your leadership in the increasingly Our youngest, Charlie, wanted to come, the health sector insists on evidence- important world of nonprofit but he’s five, and Jack wisely advised based practices. To be successful, this organizations, has distinguished you, to the contrary. But all three of them, requires someone who will patiently even as it has symbolized for us even Charlie, have been incredibly sift through and compile the evidence. the extraordinary service skills and supportive and understanding and Yet the lawyer’s activity involves not opportunities available to lawyers and genuinely helpful. I couldn’t do this just such patience and care. It entails recalled to our minds the contributions work if they weren’t on my team. art in presenting the evidence. Lisette of my predecessor as dean.

42 MARQUETTE LAWYER FALL 2019 THE CHARLES W. MENTKOWSKI SPORTS LAW ALUMNUS OF THE YEAR AARON , L’13

From Dean Kearney in Aaron’s terms, “reach out to me for Charles W. Mentkowski, whom we No program at Marquette University help.” “That help can be needed for remember by this award, took great Law School attracts students from a variety of reasons,” he has told us: pride in the sports law program, the across the country more than the “They are being harmed by a recruiter, geographic and other diversity that sports law program. Aaron Hernandez their son is being treated wrongly, their it fostered for his alma mater, and was such a student. He came to family member has been physically he was a great supporter of it. Aaron us in 2010 from El Paso, Texas, by harmed. . . .” This is difficult work Hernandez, your work at the NCAA way of Notre Dame, where he had but gratifying: “I never could have is a leading example of what the graduated with high honors. We sent imagined,” Aaron has said, “how many Marquette lawyer can do to advance the him back to Indiana upon graduation, ways I could help people when I started appropriate interests of student-athletes but as a Marquette lawyer, and to this job, and helping these people and their families in the arena of college Indianapolis, as I shall describe. keeps me motivated to conduct my sports, and we admire the energy and In his years as a student here, Aaron business at the highest level every day.” professionalism that you bring to it. made the most of our possibilities, This is, of course, what lawyers From Aaron Hernandez not only completing the sports law do, most basically: they help people. I have a wonderful group of people certificate but also serving as a research Sometimes it is to solve problems; right here up in front, and I just want assistant to two of our professors other times, more affirmatively, it is to thank you all so much for coming. writing in the field. It has been six to help realize opportunities. The Bobby Ollman, Adam DeJulio, Lizzie years since he graduated, and yet latter is certainly what Aaron does so and Ryan Payne. There are a bunch of sometimes I forget this, so frequent a often with Marquette law students: Marquette alums here, by the way— presence is he here. Within the past For a particular example, along with Donny and Katie Jankowski, it’s a big week, for example—just this past Professor Paul Anderson, Aaron has honor to have them with me. Jake Friday—I almost bumped into Aaron led the development of an extensive Augustine is here. So is my mother, on the fourth floor here. He was back internship program with the NCAA, Yvette Hernandez, from El Paso, in town, yet again, this time to talk to in which Marquette law students take, Texas—she is celebrating her third admitted students—individuals on the well, a disproportionate part. Aaron year of remission from breast cancer. other end of the law school process, is a dispassionate professional; he In the mafia we have going on right people considering in the first instance equally is an unapologetic partisan here, we have Paul Anderson—thank whether to join us as Marquette for his successors as Marquette law you so much for your leadership, law students. That sort of effort is a students. Such alumni loyalty makes a Professor Anderson; Professor Vada significant contribution to the school. significant difference to the Law School. Lindsey, for all the work that you’ve Yet it is Aaron’s work at the NCAA done in recent years for the National in Indianapolis over the past six years Sports Law Institute; and Professor to which we primarily point this Matt Mitten, for your leadership also. evening. He focuses on enforcement Associate Dean Christine Wilczynski- in football development. On its face, Vogel and Dean Kearney, thank you so that involves close attention to dense much for hosting this wonderful event. rules and regulations, and no doubt We have absolutely, bar none, the best that is true. Nonetheless, like the law sports law institute, not in the country, more generally, this activity is a human but in the world, and I will always endeavor. When he is on the road—as continue to be a very, very partisan he very often is—Aaron meets with Marquette lawyer. Thank you all so much “sources” of information. That is to say, for coming. “We are Marquette!” he meets with people who, to put it Aaron Hernandez

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