Curriculum Philosophy
It's not just what you do, but how you do it. The
philosophy expressed in that old dictum is at the core of what Marquette
University Law School describes as its "values-centered" approach to
legal education. Besides teaching students about
substantive law, practice skills, and legal ethics requirements, "we
never want to forget that there are transcendent values, including
appropriate interactions among human beings," says dean Howard
Eisenberg. "I like to say that a lawyer's job is to resolve a client's
problem as quickly and inexpensively as possible, with as little
acrimony as possible. The client is foremost in the lawyer's mind, but
the resolution of the client's problem can be achieved without damaging
other people."
In a time of much discussion - inside and outside the
legal profession - about lawyers' uncivil behavior on the job, Eisenberg
says the law school can plant the idea in students' minds that there is
another way to be. "First, you can give students permission to act
differently," he notes. "Then you can provide them with role models who
act differently, and you can conduct the institution differently."
At Marquette, communication skills are a key component of all core
classes. What's more, all students gain at least some exposure to
alternative dispute resolution (ADR), as all first-year courses
incorporate hands-on ADR exercises. "That's not to say there's no role
for adversarial relationships," Eisenberg points out, "but we want to
inform students about the full plate of options they have."
Beyond the first-year introduction to ADR, students can delve deeper
into the subject in seven focused courses. The ADR program is one of
several in which Marquette strives to be on the leading edge nationally.
Others include programs in intellectual property law, international law,
and sports law. "We've identified areas in which we've developed some of
the better programs in the country," Eisenberg says, "as opposed to
trying to do everything better than anyone else. And then we stick to
the basic concept of being a lawyer's law school. Our greatest strength
is in providing a sound, general legal education."
In addition to courses in diverse legal practice areas, Marquette
offers clinical programs that fall into three categories: legal clinics,
judicial internships, and supervised field work. "We have lots of
resources in Milwaukee, most of them within walking distance of the law
school," says Thomas Hammer, clinical programs director. "Not only do we
have a substantial number of federal and state government agencies and
courts, but we also have opportunities for students to render help to
agencies that serve the poor. That's in line with what we view to be the
Jesuit mission of the law school."
The four legal clinics all involve a classroom component, usually
taught by an adjunct professor who has a supervisory capacity at the
field site. These include the prosecutors and defenders clinics linked
to the Milwaukee County District Attorney Office and the Milwaukee
office of the State Public Defender. As of fall 2001, students also will
be able to participate in a new unemployment compensation advocacy
clinic, to be offered in cooperation with Legal Action of Wisconsin.
The fourth clinic option, a part of the ADR program, is a mediation
clinic developed by former Wisconsin Supreme Court Justice Janine Geske
when she joined the Marquette faculty in 1998. Students and their
supervisors head to the Milwaukee courthouse every Monday to mediate
small claims disputes. Instead of giving legal advice, the student
mediators' role is to bring parties to a mutually satisfactory
agreement. "By the end of the semester," Geske says, "students have had
a rich experience not only in learning to be good listeners and problem
solvers, but also in issues that involve humanity." Such skills, she
adds, serve students well no matter what type of practice they enter
upon graduation.
Judicial internships place students in state and federal trial and
appellate courts in the Milwaukee area. The final category of clinical
programs, supervised field work, offers students experience in
government legal work or in agencies providing legal services to poor
people - everything from the Internal Revenue Service to the Catholic
Charities Immigration Assistance Project.
"I emphasize to our students that the clinical programs are a
component of their education," Hammer says, "but I don't elevate these
above other forms of instruction here. I view a sound legal education as
including traditional classroom courses, research seminars, lawyering
skills classes, and then clinical programs, which give students the
opportunity to work in a setting where lawyers and judges are doing the
work of the law."