MARQUETTE UNIVERSITY LAW SCHOOL MAGAZINE FALL 2017 OPENING THE DOOR TO MUCH MORE The Law School’s New Lubar Center for Public Policy Research and Civic Education ALSO INSIDE: Shelanski on Regulatory Politics Roggensack Defends the Courts The Decline in Civil Jury Trials FROM THE DEAN The Various Great Work of Marquette Law School FROM THE DEAN BodyTry GB as 9.5/12.5we might, 1st the paragraphy Marquette (700 Lawyer Words) magazine the cover story (pages 8–13). The article traces the cannotSecond altogether paragraph: capture Body the GB greatest9.5/13/5 work of essential history of our public policy initiative— Marquette University Law School. That work our Lubar Center, as we now call it—over the past consists of the study of the law by individual decade or more and should be of wide interest. We Marquette law students and their formation of are grateful that part of our history includes the themselves into Marquette lawyers. Whether it is interest of Shel and Marianne Lubar in associating in quiet reading (and, one hopes, rereading) or in with us, and we try to capture parts of their story discussion with classmates (advisedly sometimes as well (pages 14–21). Tin study groups) or in practice sessions preparing The magazine also promotes our mission through for the culmination of a Trial Advocacy course, its direct exploration of important issues of law this work extends well beyond the classrooms, and public policy. Howard Shelanski, the former in the other extraordinary venues of Eckstein “regulatory czar” in the Obama administration, THall, including the Aitken Reading Room, Zilber expands upon his Boden Lecture last year in an Forum, Huiras Lounge, and Boden Publications essay here (pages 22–33). He provides a powerful Suite. It also occurs late at night in coffee shops assessment of the challenges that today’s politics and apartments—and in just about any other place pose to policy making in the regulatory sphere. where a Marquette law student may be found. With support from the Law School’s Adrian To be sure, P. Schoone Fund for the Study of Wisconsin Law other great work, and Legal Institutions, we take up (pages 34–43) even of our law the question raised on the back cover of the recent students, can be issue of magazine: What does the extraordinary glimpsed here. decline in the incidence of civil trials mean for Pages 6–7 of this the profession and the larger society? Chief magazine provide Justice Patience Roggensack also sets forth an some snapshots or important question: In her Hallows Lecture (pages statistics concerning 45–51), she asks the Wisconsin legal community the contributions in to consider and discuss whether some of the the community—in criticisms directed at courts these days are more particular, the pro harmful than helpful. bono work—that The final pages of the magazine, in their own Dean Joseph D. Kearney the Marquette way, do the most to reflect the Law School’s Volunteer Legal greatest work. From the short Class Notes, the Clinics and other law school programs coordinate longer profiles of two alumni, and the remarks but that only individuals directly provide. The at the judicial investitures of two others, we can preceding entries (pages 4–5) give a sense of some peek into the careers of individuals who, at the of the professors—experienced (Professor Andrea beginning of their time in the profession, found Schneider) and new (Professor Alex Lemann)—and their home—and perhaps some inspiration—in may hint at why some of our students are inspired Marquette University Law School. in particular directions. We offer you such glimpses, news, and essays in The magazine provides news about other, less- this latest issue of the Marquette Lawyer. intuitive contributions of Marquette Law School. For example, the new Lubar Center for Public Joseph D. Kearney Policy Research and Civic Education is the topic of Dean and Professor of Law 2 Fall 2017 MARQUETTE LAWYER FALL 2017 FEATURES 8 Opening the Door to Much More The creation of the Lubar Center for Public Policy Research and Civic Education 14 Investing for the Long Term A profile of Sheldon and Marianne Lubar on the occasion of their historic gift to Marquette Law School 22 Will Today’s Politics Upend Sound Regulation? 14 An exploration by Howard Shelanski, Georgetown law professor and former Obama administration regulatory czar, of where federal regulation is headed 34 Hardly Trying: The Declining Use of Civil Trials in Wisconsin by Larry Sandler, with a comment by Daniel D. Blinka 22 FROM THE PODIUM 44 Investiture of Hon. Timothy Dugan, Milwaukee County Circuit Court Remarks by Joseph D. Kearney 45 Tough Talk and the Institutional Legitimacy of Our Courts Hallows Lecture by Wisconsin Supreme Court’s Chief Justice Patience Roggensack 52 Investiture of Hon. Jean Kies, Milwaukee County Circuit Court Remarks by Theodore F. Chisholm Editor: Alan J. Borsuk 2 From the Dean Design: Douglas Frohmader, Andy Haas Schneider 4 Law School News Copy editor: Amy Bauman Schneider Honored by ABA for Scholarship and Photography: Mike Gryniewicz, Leadership in Dispute Resolution, 4 John Nienhuis, John Sibilski Cover art by Robert Neubecker Ranney Authors Book on Wisconsin’s Role in Please send address changes to: National Legal History, 5 Marquette University Law School Post-Katrina Experience Shapes New Professor’s Interests, 5 Office of Alumni Relations Eckstein Hall, P.O. Box 1881 Why It’s Called the Office of Public Service, 6 Milwaukee, WI 53201-1881 Phone: (414) 288-7090 53 Class Notes Fax: (414) 288-6403 law.marquette.edu Jeff Norman: Joining Forces, 54 Copyright 2017 Julie Flessas: Once a Nurse, Always a Nurse—but Also a Lawyer, 57 Marquette University. All rights reserved. Alumni Award Winners, 58 54 Marquette Lawyer 3 LAW SCHOOL NEWS Schneider Honored by ABA for Scholarship and Leadership in Dispute Resolution he stated reason for Marquette broad range of scholars, Professor Schneider Law Professor Andrea Schneider’s has not only enriched her own work but Tprestigious award from the American also contributed greatly to others’ work and Bar Association (ABA) was her research, to our field,” the leaders of the ABA dispute not her optimism. But, as she made clear in resolution section said in announcing her award. her acceptance speech at a luncheon in San The announcement also cited her success in Francisco in April of this year, her positive organizing national conferences on the subject, outlook is a key motivation in her work. her founding of the Indisputably blog, her “Teaching empirical scholarship, and her work leading negotiation and training sessions on negotiation beyond the law dispute resolution school classroom. is the pursuit Past winners of the award include two of optimism,” professors who were important to Schneider she said as she at Harvard Law School: her mentor, Robert accepted the ABA Mnookin, who serves as the Samuel Williston Section of Dispute Professor, and Frank Sander, now Bussey Resolution Award Professor Emeritus. for Outstanding The organization praised Schneider’s efforts Scholarly Work. to build up the ADR field. Schneider told her She said her peers at the luncheon, “We will be better at this classes are when we continually search beyond our own optimistic: “Why silo, beyond our discipline, and beyond our bother teaching borders for the most compelling theory and them if you don’t practice out there.” believe you can “It’s not that we can eliminate conflict—it’s change the world that we can handle it better,” Schneider said. Professor Andrea Schneider for the better?” “This work also takes patience and persistence, Even beyond since we know people and situations do not her teaching, Schneider said that optimism fuels change easily.” Persistence is one of Schneider’s her extensive lecturing, writing, and other forms of own strengths. “For better or worse, I tend to engagement. “We do this work because we believe,” view ‘no’ as ‘not now,’” she said in her remarks. she said. “We believe that behavior can change; we Schneider said that her teaching areas— believe that people can learn.” negotiation, dispute resolution, international law, Schneider, a graduate of Harvard Law School, and ethics—all have something in common: joined the Marquette Law School faculty in “[T]hey look for the best in people.” 1996. She has become a national leader in “My approach to negotiation and dispute research and education about dispute resolution resolution has always been that more is better,” (sometimes called alternative dispute resolution, Schneider said. Her work, both in Eckstein or ADR), and she is author of numerous Hall and far beyond, is making realities of both books and articles. “By collaborating with a “more” and “better.” 4 Fall 2017 Ranney Authors Book on Wisconsin’s Role in National Legal History n the preface to his Wisconsin and the Shaping of American Law, published new book, Joseph in 2017 by the University of Wisconsin Press. The book I A. Ranney recounts describes in rich detail the development of the law in how he spent much time Wisconsin, the role the state has played as a leader as a young lawyer reading in the law, and the ways the history of Wisconsin law old Wisconsin case compares to that of other states. reports and statutes. “I Marquette Law School played a crucial role in the became curious how new book. Ranney did much of his research as the these ancient texts Adrian P. Schoone Visiting Fellow in Wisconsin Law had evolved into and Legal Institutions at the Law School. Throughout modern law,” he his research and teaching on the Law School’s part- writes. That helped time faculty, Ranney has remained actively engaged lead to an earlier in the practice as a partner in DeWitt Ross & Stevens book, published in 1999, in Madison.