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THE DARK SIDE: Why does anyone do business in Milwaukee?

POSTED: Friday, May 4th, 2012 at 2:05 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

In John Milton’s “Paradise Lost,” Satan wakes up next to the burning lake and declares to the rest of the angels thrown into hell, “the mind is its own place, and in itself/ Can make a heav’n of hell, a hell of heav’n./ What matter where, if I be still the same?”

THE DARK SIDE: Appeal to what is best in jurors

POSTED: Wednesday, April 25th, 2012 at 12:30 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

Many years ago, a former Alabama congressman told me the following story:

THE DARK SIDE: Hold the broccoli, Congress

POSTED: Friday, April 13th, 2012 at 9:38 am

BY: David Ziemer, david.ziemer@wislawjournal.com

Unless it’s served with lots of beef and slathered with Hunan sauce, I don’t much care for broccoli.

THE DARK SIDE: Green Acres is the place for me

POSTED: Wednesday, February 29th, 2012 at 2:22 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

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Upon being spoken to in a condescending fashion, a common response is, “Hey, I didn’t just fall off the turnip truck, you know.” The implied words being: “I’m not some simple rube who just got to the city from some farm.”

THE DARK SIDE: Reality matters, not perception

POSTED: Tuesday, February 21st, 2012 at 11:49 am

BY: David Ziemer, david.ziemer@wislawjournal.com

From time to time, I hear people say something like, “It’s not only important the judicial system be fair; it is important the judicial system be perceived as fair.”

THE DARK SIDE: Preliminary hearings serve a valuable purpose

POSTED: Wednesday, February 15th, 2012 at 1:40 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

In my long career, only once have I had a case dismissed because after a preliminary hearing the commissioner decided that there was no probable cause to proceed.

THE DARK SIDE: I want the pacifists to buy me guns

POSTED: Wednesday, February 8th, 2012 at 1:26 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

Now that I’m self-employed again, a friend asked me if it worries me to not have any health insurance anymore.

THE DARK SIDE: One nice thing about the State Bar

POSTED: Thursday, February 2nd, 2012 at 10:20 am

BY: David Ziemer, david.ziemer@wislawjournal.com

People sometimes ask me, “Don’t you have anything nice to say about the State Bar of Wisconsin?”

THE DARK SIDE: The polar bears don’t need your money

POSTED: Wednesday, January 18th, 2012 at 3:13 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

Wisconsin law governing fraudulent misrepresentations can fairly be described as charitable. It’s too bad the law doesn’t apply to so-called charities, which are some of the worst fraudsters operating in this state.

THE DARK SIDE: The Constitution is a lot like Dorian Gray

POSTED: Tuesday, January 10th, 2012 at 11:40 am

BY: David Ziemer, david.ziemer@wislawjournal.com

“The Picture of Dorian Gray” by Oscar Wilde is not just one of the most extraordinary novels ever written, but an allegory of the history of the U.S. Constitution.

THE DARK SIDE: Happy New Year from The Dark Side

POSTED: Tuesday, January 3rd, 2012 at 11:52 am

BY: David Ziemer, david.ziemer@wislawjournal.com

Do you remember where you were when you heard the news of the United States Supreme Court’s opinion in U.S. v. Lopez, 514 U.S. 549 (1995)?

THE DARK SIDE: I miss the old courthouse cafeteria

POSTED: Tuesday, December 27th, 2011 at 12:38 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

Now that, after an 11-year hiatus, I’ve returned to being a full-time courthouse rat, people ask me what’s the biggest difference.

THE DARK SIDE: Cite this column, but not the opinion

POSTED: Monday, December 19th, 2011 at 10:57 am

BY: David Ziemer, david.ziemer@wislawjournal.com

If dictionaries were written by lawyers, one of the definitions for “frustration” would say “finding a case directly on point, but being unable to cite it because it is unpublished.”

THE DARK SIDE: The greatest threat to liberty ever

POSTED: Wednesday, December 14th, 2011 at 1:48 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

I had been generally aware that some congressmen who don’t like the First Amendment and who particularly dislike the U.S. Supreme Court opinion in Citizens United v. FEC, 130 S.Ct. 876 (2010), wanted to get around the decision by passing a constitutional amendment to overturn it.

THE DARK SIDE: A day in children’s court

POSTED: Tuesday, November 29th, 2011 at 2:03 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

An ancient witticism goes something like this: The children are the future … And that’s why I stockpile so much ammunition.

THE DARK SIDE: I do not discriminate against potential clients

POSTED: Monday, November 21st, 2011 at 8:00 am

BY: David Ziemer, david.ziemer@wislawjournal.com

When I started practicing law, I didn’t care who anybody was, what they believed or what they had done.

THE DARK SIDE: Judicial substitution reduces sentence disparity

POSTED: Wednesday, November 16th, 2011 at 2:29 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

Even if you believe that all burglars should receive 10 years in prison, that’s not how sentencing in Wisconsin works.

THE DARK SIDE: Concealed carry finally comes to Wisconsin

POSTED: Tuesday, November 1st, 2011 at 1:41 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

Tuesday marks a great leap forward for human rights in Wisconsin: people can finally carry a concealed handgun without fear of criminal prosecution.

THE DARK SIDE: Can someone explain the Wall Street protests?

POSTED: Wednesday, October 12th, 2011 at 12:38 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

I’m afraid that I lack imagination. For the life of me, I cannot figure out what the protests on Wall Street (and now, in Madison) are all about.

THE DARK SIDE: Predictions from a simple provincial lawyer

POSTED: Tuesday, October 4th, 2011 at 2:30 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

Yesterday was the First Monday in October, established by 28 U.S.C. sec. 2, as the beginning of a new term of the U.S. Supreme Court (not to mention a rather lousy play from back in the 1970s).

THE DARK SIDE: A First Amendment showdown at UW-Stout

POSTED: Tuesday, September 27th, 2011 at 2:06 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

This week, Wisconsin is ground zero in the battle between university bureaucrats and free speech champions. No, I’m not talking about the University of Wisconsin’s attempts to stifle criticism of its admission policies. That’s been going on for years, and will continue for many more.

THE DARK SIDE: Why bother with law review articles (access required)

POSTED: Monday, August 22nd, 2011 at 7:45 am

BY: David Ziemer, david.ziemer@wislawjournal.com

I was having lunch last month with a friend who happens to be a law professor, when I remarked that I was finally going to write a law review article that I have been contemplating for some time.

THE DARK SIDE: Divorced lawyers are a very powerful lobby group (access required)

POSTED: Tuesday, July 26th, 2011 at 1:23 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

The first thing attorneys learn in law school is not really a legal principle, but rather a historical fact: back in the day, railroads were really important.

THE DARK SIDE: The primates are howling for new legislation (access required)

POSTED: Tuesday, July 12th, 2011 at 1:17 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

The latest cause de jour is passage of what its proponents call “Caylee’s Law,” which would make it a federal crime for a parent not to report a missing child within 24 hours.

THE DARK SIDE: Lawyers need to be more like carnies (access required)

POSTED: Wednesday, July 6th, 2011 at 11:21 am

BY: David Ziemer, david.ziemer@wislawjournal.com

Hanging out with some of the carnies who came to town this year, I was astonished at how, in a mere 10 years, the carnival industry had become so professional. And they did it without even spending mandatory carnie dues on a public image campaign.

THE DARK SIDE: What makes an environmental defense lawyer?

POSTED: Thursday, May 12th, 2011 at 9:41 am

BY: David Ziemer, david.ziemer@wislawjournal.com

I was having a nice conversation with another attorney the other day when we began talking about environmental law. We were both in agreement that the work environmental defense lawyers do is very important. But in the middle of the conversation, we discovered that we have vastly different definitions of what makes an environmental defense lawyer.

THE DARK SIDE: You’ve got to tell it like it is

POSTED: Tuesday, April 26th, 2011 at 12:49 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

There is one type of lawyer the profession has no room for — the molly-coddler.

THE DARK SIDE: Celebrating Human Achievement Day instead of Earth Day

POSTED: Thursday, April 21st, 2011 at 10:20 am

BY: David Ziemer, david.ziemer@wislawjournal.com

Friday is what the progressives call “Earth Day.” I prefer to celebrate my own holiday, “Human Achievement Day.”

THE DARK SIDE: Thompson a solid pick for new public defender

POSTED: Monday, April 4th, 2011 at 4:06 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

Congratulations to Kelli Thompson on being named the state’s new public defender.

THE DARK SIDE: There’s no pilpul in the Wisconsin Law Journal

POSTED: Wednesday, March 30th, 2011 at 9:47 am

BY: David Ziemer, david.ziemer@wislawjournal.com

I recently learned a new Yiddish term while reading a novel called “The Chosen” by Chaim Potok: “pilpul.”

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