Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

Formidable 7th Circuit Judge Richard Posner recently published in the winter edition of the legal journal "Green Bag" the delightfully readable first installment of a two-part article: What is Obviously Wrong With the Federal Judiciary, Yet Eminently Curable.

Tagged with: Briefs for the Brief Writer Diane Slomowitz Richard Posner

The next president of the Wisconsin State Bar, Paul Swanson, has promised to serve the organization's members in a variety of ways. I take him at his word, and am writing this open letter to suggest a starting point.

Tagged with: Critic's Corner Michael D. Cicchini OLR Paul Swanson Robert Henak State Bar

A recent study found lawyers have a rate of depression that is four times higher than that of the general population. The study also found lawyers have a rate of alcohol abuse that is three times higher than the general population.

Tagged with: burnout

There are few things more discouraging than to invest significant time and effort in your career, only to want to quit because you feel burnt out.

Tagged with: burnout

We're umpires; we call balls and strikes, John Roberts told a Senate committee at his confirmation hearings to become chief justice of the U.S. Supreme Court.

Tagged with: U.S. Supreme Court

In Judge William Brash’s first published appellate opinion, he tackles the hearsay exception for dying declarations.

Tagged with: Bench Blog hearsay Jean DiMotto

Want yet another example of how thoroughly befouled Wisconsin's court system has become?

Tagged with: right-to-work William Foust

The state in February enacted Act 176, which created a prohibition against local ordinances that require routine inspections of rental units.

Tagged with: building codes John D. Finerty Michael Best & Friedrich

A trial in an anti-terrorism court in Pakistan was dramatically halted earlier this week after the judge asked a police officer how an explosive — that authorities say they took from the defendant — worked: http://www.abajournal.com/news/article/trial_judge_asks_how_grenade_like_device_works._police_officer_pulls_pin_an

Appellate briefs. The bane of some lawyers, the boon of others, including me.

Tagged with: Briefs for the Brief Writer Diane Slomowitz

During his successful re-election campaign, Milwaukee County Executive Chris Abele often said that he would consider and act on the best ideas from anyone — Democrat or Republican.

Tagged with: Chris Abele Michael Fischer Wisconsin Institute for Law & Liberty

The Homer Glen, Ill., attorney who was found guilty of trying to hire another inmate to kill his wife while he was locked up in the Will County jail has asked to represent himself again: http://bit.ly/1q42FK2

In the wake of U.S. Supreme Court Justice Antonin Scalia’s death, many pundits debated his influence on hot topics such as affirmative action, the Second Amendment and same-sex marriage.

Tagged with: Antonin Scalia

The Court of Appeals rejected Planned Parenthood’s bid for declaratory judgment on the construction of two abortion statutes, and in the process damaged the idea of justiciability.

Tagged with: abortion Bench Blog Jean DiMotto Richard Niess

George Mason was a founding father. He was one of the men who was responsible for the Bill of Rights — he wouldn’t sign the constitution without it (or at all, ultimately). Now, the law school at the university that bears his name is changing its name to the Antonin Scalia School of Law at George Mason University — or ASS Law: http://bit.ly/1RRHBQu

Even the National Gallery in Washington, D.C., with paintings by Rembrandt and Van Gogh, allows flash photography.

Tagged with: Wisconsin Clerks of Circuit Court Association

“A lawyer can do anything with cross-examination if he is skillful enough not to impale his own cause upon it.” -- John Henry Wigmore

Tagged with: cross-examination Expert witness

A former president of a county bar association in Pennsylvania has been convicted of using forged documents to pose as an estate lawyer for a decade even though she didn't have a law license.

A majority of the Wisconsin Supreme Court justices expanded the contours of the community-caretaker exception to the Fourth Amendment's warrant requirement even while embarrassing themselves through the way they reached their decision.

Tagged with: Bench Blog community caretaker function Fourth Amendment Jean DiMotto

In Wisconsin, criminal jury instruction 140 defines reasonable doubt for the jury. Strangely, however, after defining reasonable doubt, the instruction concludes by telling jurors that “you are not to search for doubt. You are to search for the truth.”

Tagged with: Critic's Corner juries Michael D. Cicchini

While the attention will be on the presidential competitions, there will be an equally important contest on the April 5 ballot. Voting for a place on the state Supreme Court will determine whether Wisconsin's historic commitment to judicial independence and integrity will be renewed.

Tagged with: JoAnne Kloppenburg Rebecca Bradley Wisconsin Supreme Court

Wisconsin lawmakers this year are once again gave serious consideration to eliminating the state’s collateral-source rule, a doctrine that has been around in Wisconsin for nearly a century and whose roots extend into common law.

Tagged with: Closing Arguments Paul Curtis Robert Jaskulski

My job, like any Wisconsin trial lawyer, is to make sure safety rules are followed. That means if you are injured or a loved one is injured because of someone else's carelessness, shortcuts, or cover-up of a problem, we're here to help you.

Tagged with: immunity Russ Golla

In a case involving suspected heroin abuse, the Wisconsin Supreme Court decided a warrantless blood draw was justified primarily because heroin tends to dissipate rapidly in a person's bloodstream.

Tagged with: Bench Blog Daniel Bissett heroin Jean DiMotto State v. Parisi

As Senate Republicans stand in an unbroken line of opposition to even the thought of considering a nominee to replace Justice Antonin Scalia on the U.S. Supreme Court, Sen. Ron Johnson of Wisconsin is standing right there with them.

Tagged with: Antonin Scalia Ron Johnson

A very large Milwaukee-based firm, Gonzalez Saggio & Harlan, has died.

Tagged with: Gonzalez Saggio & Harlan Nate Cade On Ethics

The Court of Appeals has ruled that a Wisconsin resident cannot obtain long-arm jurisdiction over the Sydney Morning Herald without offending the Due Process Clause.

Tagged with: Bench Blog Jean DiMotto Richard Sankovitz Roderick Salfinger

I practice workers' compensation law. I represent injured workers.

Tagged with: Charles Domer workers' comp

Recent years have seen a great proliferation of mandatory arbitration clauses, the so-called arbitration agreements that preclude potential plaintiffs from bringing class-action claims.

Tagged with: 7th Circuit Federal Arbitration Act Habush Habush & Rottier

Imagine the horror of being wrongly imprisoned for a heinous crime you didn't commit. In Wisconsin, that has happened to an estimated 40 people in the past 25 years.

Tagged with: Open Records wrongful conviction