Please ensure Javascript is enabled for purposes of website accessibility
Home / Commentary

Commentary

Competing rights and interests

On Nov. 6, the United States Supreme Court heard oral arguments in Brackeen v. Haaland, a case which presented numerous constitutional and legislative issues regarding the Indian Child Welfare Act or ICWA. 

Read More »

Out of the mouths of babes

While a child of 16 years with a car is going to make his or her own decision about placement, do we really want to give a 7 year old that authority?

Read More »

The right to self-represent

In 1975, The United States Supreme Court held that a criminal defendant has a constitutional right to waive counsel and self-represent in a criminal case. Faretta v. California, 422 U.S. 806 (1975).  While the trial court has a responsibility to discourage self-representation, it cannot prohibit it. The result can be (and usually is) the circus occurring in the Waukesha trial of the Christmas parade driver Darrell Brooks.

Read More »

A resource for family law cases

Ten years ago, the average number of cases to report on, between Wisconsin Supreme Court and Court of Appeals (published and citeable unpublished cases) was 15-20 per year. So far this year, there have been zero Supreme Court cases, one published Court of Appeals case and four citeable unpublished Court of Appeals cases.

Read More »

AG candidates weigh in on transparency

Josh Kaul and Eric Toney are miles apart on many issues, but when it comes to open government, the candidates vying for Wisconsin attorney general in the Nov. 8 election agree: more money is needed to handle enforcement of the state’s transparency laws.

Read More »

Batter up for some judicial activism

The term “judicial activism” is commonly thrown around to disparage judges. It generally is used to accuse courts of being too aggressive or too liberal.  A recent court of appeals decision contains an element which raises an interesting question.

Read More »

The U.S. Supreme Court and politics

It would be pointless to write a column on the United States legal system and ignore the two significant cases which the court decided this week. One case, New York State Rifle and Pistol Association v. Bruen significantly expanded gun rights by striking down a New York law which restricted the right of New Yorkers to carry handguns in public.

Read More »

View from around the state: Enough is enough

Gableman ordered to not delete records

The admission Thursday by former Wisconsin Supreme Court Justice Michael Gableman that he had deleted public records, even after he had received open-records requests, isn’t entirely surprising. His conduct at a previous hearing, berating a judge over questions, had already suggested he didn’t want to answer.

Read More »

EXPLAINER: How parade crash insanity plea will work

A man accused of driving his SUV through a Christmas parade in suburban Milwaukee last year, killing six people and injuring dozens more, this week served notice he will try to persuade a jury that he was mentally ill during the incident and if convicted should go to an institution instead of prison.

Read More »