Of all the political grandstanding this campaign season in Wisconsin, Fond du Lac County District Attorney Eric Toney’s sad stunt is among the worst.
Read More »
Commentary
Key parts of US laws are hard for the public to find and read
It happens in court cases from time to time: Lawyers and judges discussing the meaning of a law can't access the text they need to review.
Read More »FINDING JURORS: We need to find a way to overcome common concerns about public service
Perhaps the most common question asked of me by friends, neighbors and family regarding the legal system is “How do I get out of jury service?”
Read More »After Roe’s overturning, Americans are demanding US Supreme Court term limits
Following the U.S. Supreme Court's landmark ruling in Dobbs v. Jackson Women's Health Organization overturning half a century of abortion rights under Roe v. Wade, nearly two-thirds of Americans want fundamental court reform, specifically term limits for Supreme Court justices.
Read More »Editorial: Wisconsin should codify same-sex marriage, not wait for a Supreme Court decision
It should be no surprise to anyone who has livedin the U.S. for more than a few years that what are considered “rights” can be changed. Our Constitution was written that way: to be amended, time and again.
Read More »Discipline and discharge: Best practices for avoiding costly litigation
Disciplining and terminating employees are realities of doing business, but by adhering to certain practices, employers can help reduce the risk of costly litigation.
Read More »VIEW FROM AROUND THE STATE: Court wrong to demonize drop boxes
Banning drop boxes for absentee ballots across Wisconsin was rash and unnecessary.
Read More »CUSTODY AND SERVICE PEOPLE: New law not perfect but does have good elements
The confluence of law and politics does not always equal good policy. A good example is the continuing efforts over the years to deal with the issue of the effect of deployed service people and the placement of minor children.
Read More »Practice area of high conflict: The oft-overlooked drama of probate
It goes back to age thirteen. That is when my current client, we will call her Andrea, first made it known she wanted Dad’s vintage slot machine in the corner of their unfinished basement. At the time, her older sister Rachel couldn’t have cared less.
Read More »VIEW FROM AROUND THE STATE: Supreme Court does balancing act with ruling on anonymity
The recent ruling by the Wisconsin Supreme Court on anonymity in a suit against the Madison School District was a tough call. We think the court made the right decision, though an argument exists that the court stopped short of genuine transparency.
Read More »RIF alternatives: Reducing labor costs without employee terminations
As employers prepare to carry out possible Reductions-in-Force in anticipation of a looming recession, there are many less drastic alternatives that may be worth considering.
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
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 »WHERE HAVE ALL THE LAWYERS GONE? Underpaying defense attorneys no way to be ‘tough on crime’
On May 24, the Wisconsin Supreme Court, with two justices dissenting, dismissed an appeal of the Court of Appeals decision in State v. Lee, 2021 WI App 12, in a per curium “decision” of less than one page.
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 »Stop bashing the judiciary for doing its job
Judges have always faced threats because their decisions can send people to prison, overturn laws and settle enormous financial disputes.
Read More »‘Kia Boyz’ unaware of serious penalties that can result from joyriding
On May 31, the Milwaukee Youtuber Tommy Gerszewski, also known as “Tommy G.”, posted a sixteen-minute documentary on the Kia Boys which quickly garnered the attention of local and national media.
Read More »Courts meant to serve the public
Here's a simple idea: Courts should serve the public. In particular, parties should be allowed to be divorced without the costs and inconvenience of a public court appearance.
Read More »Recent Court of Appeals case confirms need for careful analysis of jurisdiction when litigating in Federal Court
The decision whether to litigate in state or federal court is a very important strategic choice that needs to be made at the outset of litigation.
Read More »Conservative Supreme Court justices disagree about how to read the law
With a 6-3 majority, conservative justices on the Supreme Court may appear poised to hand down decisions that the Republican presidents who appointed them would applaud.
Read More »Your Right to Know: Judge was wrong to bar recordings of trial
Since 1979, the Wisconsin Supreme Court has allowed cameras and microphones in state courtrooms, subject to reasonable restrictions.
Read More »ANOTHER ONE BITES THE DUST: NLRB General Counsel looks to modify captive-audience rule
NLRB General Counsel Jennifer Abruzzo has made it clear she intends to ask the Board to no longer allow captive audience meetings, effectively changing how employers have addressed union campaigns for the last 6+ decades.
Read More »The Wisconsin diploma privilege: Are its days numbered?
Until about the mid-1870's—most aspiring lawyers did not attend law school and did not take a bar examination.
Read More »Employee Benefits Might Still Facilitate Abortions and Reproductive Choice in a Post-Roe v. Wade America
On May 2, 2022, the Supreme Court’s draft majority opinion in Dobbs v. Jackson Women’s Health Organization, was leaked to the public and suggested that the Court intends to overturn Roe. Although the Supreme Court’s draft opinion does not have any binding legal authority, some large, multi-state employers have announced steps to support employee access to abortion and related reproductive medical services, specifically for those employees residing in states that do (or will) restrict abortion.
Read More »FORUM STOPPING: How the presence of a U.S. citizen domiciled abroad defeats diversity jurisdiction
According to the most recent records published by the Administrate Office of the United States Courts, nearly 60% of new civil cases brought in the federal courts were based on diversity jurisdiction. If you remove cases in which the U.S. is a party, that number jumps to more than 67%. Thus, more than two-thirds of recent civil cases brought in ...
Read More »Leaking a Supreme Court draft opinion on abortion – 4 things to know about how the high court works
The U.S. Supreme Court is planning to announce a decision that could possibly overturn Roe v. Wade, the 1973 case that guaranteed the constitutional right to abortion.
Read More »What is ‘personhood’? The ethics question that needs a closer look in abortion debates
Controversy over abortion reached a fever pitch on May 2, when the leaked draft of a U.S. Supreme Court majority opinion was published by Politico. If the draft's key points are reflected in the final ruling, this would strike down Roe v. Wade, a landmark decision that nearly 50 years ago established the right to choose an abortion.
Read More »Managing Activism in the Workplace
In a politically charged era where activism is considered noble, HR managers are confronting new challenges in the workplace in an attempt to find balance between the expression of disparate views while maintaining a productive and cohesive workplace. Just Another Day at the Office IT specialist Peter is a devout Catholic. His cubicle displays a Papal flag and other religious ...
Read More »Is your firm’s intake system working as well as it should?
Intake is one of the most critical aspects of any law firm. But far too often firms don’t give the intake process the special attention it deserves. When that happens, money goes flying out the door.
Read More »What would it mean to codify Roe into law – and is there any chance of that happening?
Abortion-rights advocates are looking for alternative ways to protect a woman's right to the procedure following the publication of a leaked draft opinion from Justice Samuel Alito indicating that the Supreme Court intends to overturn Roe v. Wade.
Read More »