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Commentary

Jul 3, 2012

THE DARK SIDE: Lack of judicial temperament is like obscenity

The other day, some of us were discussing “judicial temperament,” or more specifically, we were swapping war stories about the lack of it.

Jul 2, 2012

BRIEFS FOR THE BRIEF WRITER: Legislative history – how to find it when you need it

Your client is being sued under a new or obscure Wisconsin statute, which has not been discussed in any reported or unreported cases. The statute contains no statement of its purpose, and its language could be read both to include and exclude your client.

Jun 29, 2012

BLAWG LOG: Boyden on unsolved mysteries of Copyright Law, 1963 Edition

I recently came across an interesting cluster of similar statements from copyright decisions in the late 1950s and early 1960s, which struck me as significant: It is a curious fact that although the Copyright Law has remained without relevant change since 1909 this case should present a question both basic and novel. Does either the Copyright Act or the common law provide copyright owners with a r[...]

Jun 28, 2012

SCOTUSblog 1, CNN and Fox 0 on health care decision

While CNN and Fox were breathlessly -- and erroneously -- reporting that the Supreme Court had struck down the individual mandate (the essential funding provision of the federal Affordable Care Act), SCOTUSblog correctly noted that "the individual mandate survives as a tax."

Jun 28, 2012

BLAWG LOG: Fallone on victory for ObamaCare

The decision in National Federation of Independent Business v. Sebelius is a victory for the supporters of the Affordable Care Act, and a fairly broad vindication for the constitutionality of the law.

Jun 27, 2012

BLAWG LOG: Boyden on speech by proxy and do video games dream of electric speech?

On Friday I mentioned Tim Wu’s op-ed last week, which asked if machines “have a constitutional right to free speech”?

Jun 26, 2012

THE DARK SIDE: I love ‘not guilty’ verdicts

I recently spent a little downtime scouring Article I of the U.S. Constitution. What I was looking for was the provision saying that Congress has authority to hold investigations into steroid use by baseball players.

Jun 25, 2012

LAWBIZ COACHES CORNER: Cash flow and moral responsibility

Cash flow is the lubricant that enables all businesses to function. When you take too much money out of the organization, you will have a cash flow challenge.

Jun 22, 2012

BEV BUTULA: EEOC puts briefs online

The Equal Employment Opportunity Commission recently announced that it has put its appellate and amicus briefs going back to 2000 on its external website.

Jun 21, 2012

Fore a good time, make your golf outing sponsorship a hole-in-one

Even as the economy rebounds from the recent downturn, businesses still need to use caution with outside spending and make every dollar count.

Jun 20, 2012

THE DARK SIDE: Where have all the burglars gone?

As a matter of policy, I generally avoid modern literature.

Jun 19, 2012

LEGAL CENTS: How to brand your practice through cause marketing

About a year ago, Milwaukee plaintiffs’ personal injury lawyer Steve Gabert decided he’d heard one too many defendants testify that “I just didn’t see” the bicyclist.

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