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Commentary

Apr 13, 2022

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 survey asking their thoughts on how free speech rights are handled on campus. Jim Henderson, […]

Apr 11, 2022

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.

Mar 30, 2022

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.

Mar 28, 2022

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.

Mar 23, 2022

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.

Mar 21, 2022

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.

Mar 18, 2022

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.

Mar 18, 2022

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 effec[...]

Mar 16, 2022

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.

Mar 14, 2022

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.

Mar 11, 2022

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 to “employees”—not to “independent contractors.” The number of workers labeled “independent contractor” has [...]

Feb 24, 2022

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.

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