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Commentary

Does defense victory in Blackman case go far enough?

Whether we practice as litigators or transactional attorneys, we have all dealt with convoluted statutes and regulations which, at times, seem deliberately contorted to frustrate the legal practitioner, or perhaps, penned with the intent of making certain that we will always have work. Which of these two the Legislature had in mind when it drafted 2009 Wis. Act 163 is ...

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Anti-social media: Arguing ethically on the Internet

Despite my best efforts, I get sucked into arguments on social media, especially at night. Granted, most of the arguments involve extremely trivial things, so sleep deprivation notwithstanding, my involvement does not materially affect my life. (Still, wow, some people can be strident about football and television shows and whether pineapple belongs on pizza.) I say my piece, get attacked ...

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Report highlights lawyer well-being

In an effort to improve well-being in the legal profession, the American Bar Association Commission on Lawyer Assistance Programs has released a report detailing ways to help lawyers lead healthier, more-fulfilling lives.

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ON MEDIATION: Using the full strength of your case in mediation

Mediation is often portrayed as a rational and logical choice that saves money and time. Well, it is that. But let’s face it, it’s also usually required by the court and something that you might not do if it weren’t. That means there’s a risk that it becomes perfunctory.

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BENCH BLOG: Client behavior: Enough to draw a tier

The Wisconsin Supreme Court recently reaffirmed its two-tiered framework for loss of the Sixth Amendment right to counsel. It overruled another case requiring a finding of intentionality and once again declined to mandate warnings to a defendant before forfeiture.

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The truth about originalism

President Donald Trump has managed to seat a new justice on the U.S. Supreme Court's bench — Neil Gorsuch, formerly a judge in the 10th U.S. Circuit Court of Appeals. In doing so, the president once again drew attention to the doctrine which “conservatives” have historically preached from whatever hilltop perch they could find, using words which former D.C. Court of Appeals Judge Robert Bork laid down in his book, “The Tempting of America.”

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