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.
Tagged with: abortion Employment Law Michael Best U.S. Supreme Court
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. ...
Tagged with: Kohner Mann & Kailas
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.
Tagged with: abortion Roe v. Wade U.S. Supreme Court
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.
Tagged with: abortion Roe v. Wade U.S. Supreme Court
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 ...
Tagged with: Activism Axley Attorneys Human Resource
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.
Tagged with: hiring
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.
Tagged with: abortion Roe v. Wade Samuel Alito U.S. Supreme Court
Read More »VALADEZ – PART 2: Returning to the subject of my most debated column
In all of the columns which I have written for this publication over the years (and there have been many) none have elicited more an angry response than my article on the Court of Appeals decision in Valadez v. Valadez, 2021AP1500: “The Valadez case: A bad start to the year."
Tagged with: Julie Valadez
Read More »Recent student expulsions provide important reminders to school districts
With just a few months left to the school year, we all look to a strong, positive finish to what again has been a challenging year for school districts. Though I hope we are moving past mask and vaccine mandate ...
Tagged with: von Briesen & Roper
Read More »Courts fail the public in push for fair maps
A double whammy of unusual court decisions has made Wisconsin’s gerrymandered voting districts even worse than before. That means the Republicans who control the Legislature will be even less accountable to voters over the next decade. It’s sad and shameful. ...
Tagged with: Devin LeMahieu election Gov. Tony Evers Robin Vos U.S. Supreme Court
Read More »No More Masks on Public Transportation (For Now) – Is Government Regulation of COVID-19 Ending?
Following a federal judge’s ruling last week, striking down the Centers for Disease Control and Prevention’s (CDC’s) mask mandate in airports and other public transportation settings nationwide, the agency’s ability to impose future restrictions is in doubt.
Tagged with: Foley & Lardner Scott Allen
Read More »Justice Thomas and his wife’s text messages highlight missing ethics rules at the Supreme Court
Time and time again, the country’s highest court has come under fire for failing to manage possibly unethical behavior by its justices. In the past, the Supreme Court of the United States has cast aside pleas to adopt an ethics ...
Tagged with: Clarence Thomas U.S. Supreme Court
Read More »Brown Jackson’s confirmation hearings provide many moments for reflection
The emotional kaleidoscope of Judge Ketanji Brown Jackson’s confirmation hearing was nothing short of amazing. It was truly an exercise that allowed many of us to experience a range of emotions through a magnificently beautiful lens, as we witnessed the confirmation of our country’s first African-American female to the United States Supreme Court.
Tagged with: Ketanji Brown Jackson U.S. Supreme Court
Read More »It’s Complicated: The Evolving Regulation of “Forever Chemicals” in Wisconsin
For the past several years, the Wisconsin Department of Natural Resources (“WDNR”) has engaged in a multi-media effort to regulate the class of chemicals commonly referred to as “forever chemicals” in waters and soils in the state.
Tagged with: Foley & Lardner
Read More »Wellness for lawyers: How technology can help
It’s been more than two long years since the onset of the pandemic, and although things seem to be slowly, steadily improving, we’re not yet in the clear.
Tagged with: mental health
Read More »Free speech fumbles at UW
What to make of the current University of Wisconsin System brouhaha over a free speech survey? It sure doesn’t feel like all the facts are known yet. A handful of details are clear. The system planned to send students a ...
Tagged with: free speech UW System
Read More »The Brown Jackson nomination hearings and what they say about the duty to represent bad people
The former news talk show “The Mclaughlin Group” used to give an annual award for the “Best Political Theater." If that show was still on the air, the nomination hearings for Ketanji Brown Jackson would win hands down.
Tagged with: Ketanji Brown Jackson U.S. Supreme Court
Read More »Removal rules protect public, those in office
This week’s resignation of Curtis Schmitt Jr., the former chairman of the state’s veterans policy board and current defendant in a child pornography case, was welcome. It’s difficult to see how Schmitt could have been effective in that position — or virtually any other — while defending himself against such charges.
Read More »Recent Robinson-Patman Act Cases Demonstrate Size Doesn’t Always Matter
When you hear about the Robinson-Patman Act, you may remember it as a law that protects smaller product re-sellers (“mom and pop” stores, local dealers, etc.) by preventing product suppliers from giving better prices to larger re-sellers just because of their size.
Tagged with: Reinhart Boerner Van Deuren
Read More »Why are COVID vaccine injuries treated differently?
There are significant differences in the process and compensation for those injured from the COVID-19 vaccine versus other vaccines such as the seasonal flu.
Tagged with: coronavirus
Read More »Supply chain delay claims: A day late and a $1,000 short
This article discusses supply chain delay claims and steps owners, contractors, and material suppliers can do to help mitigate the effects of supply chain troubles.
Tagged with: Axley Attorneys Contracts
Read More »Court Finds an Employee’s Seizures Posed a “Direct Threat” Under the ADA
In a recent decision from the U.S. Court of Appeals for the Seventh Circuit, the court explained how an employer should evaluate whether a disabled person under the Americans with Disabilities Act (ADA) would pose a “direct threat” to others.
Tagged with: Reinhart Boerner Van Deuren
Read More »Will courts really enforce proposed financial information exchange rules?
In law, as in many things in life, some ideas are better in theory than in practice. It is not uncommon that the Legislature, which has precious few lawyers (most sessions have ten or fewer lawyers out of 133 state Senators and Representatives, and almost none of them has ever been in the private practice of law), passes legislation which sounds good on its face but has a different practical effect. The phrase which attaches to such legislation is “the law of unintended consequences.”
Tagged with: divorce Family Law Gregg Herman
Read More »Public access isn’t negotiable
National Freedom of Information Day isn’t a holiday. But there can be no doubt today’s reminder of how important government openness and transparency are is something Americans should mark well.
Tagged with: free speech
Read More »Preserving land through a conservation easement
A conservation easement is a permanent donation of a legal right in real estate by the property owner to a qualified non-profit organization such as a land trust.
Tagged with: Axley Attorneys Easements land conservation
Read More »Biden’s NLRB targeting employee misclassification
The National Labor Relations Act protects employees’ right to unionize (and not unionize) and to engage in other “protected concerted activity.” These are basic rights guaranteed to employees under Section 7 of the act. Critically, the act’s protections only extend ...
Tagged with: Husch Blackwell
Read More »LAWYER ADVERTISING: Is it hucksterism or a valid business practice?
Last weekend, the CBS show “Sunday Morning” did a segment on lawyer advertising. Of course they showed clips from the over-the-top ads which seem to be mostly from Texas. The effect, as one who believes that the practice of law should be more of a profession than a business, was cringe inducing.
Tagged with: Gregg Herman
Read More »Close the Rittenhouse gun loophole so minors with rifles can’t parade down our streets
State lawmakers should be able to agree on at least one small improvement to gun safety in Wisconsin following the Kyle Rittenhouse acquittal in Kenosha.
Tagged with: Kenosha Kyle Rittenhouse
Read More »Tax rebate plan nothing but an election-year ploy
It was almost as if Gov. Tony Evers in late January was telling all of us, more or less, “Who wants $150, no strings attached?” We’re referring to the governor’s announcement that he wants to give every Wisconsin resident a ...
Tagged with: Gov. Tony Evers
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