BLAWG LOG: McMullen on maintenance; Kearney on the Fishbach fund
The current Wisconsin statute governing spousal maintenance is an undoubtedly well-meaning legislative attempt to give broad discretion to judges who must make difficult decisions about the division of financial assets at the time of a divorce. I believe, however, that the breathtakingly broad discretion granted under the statute is a mistake.
FAMILY LAW: New statute adds extra hurdle to admit expert testimony
One of Gov. Scott Walker’s first accomplishments in office was to sign 2011 Wis. Act 2, adopting the Daubert rule for admission of expert testimony.
BLAWG LOG: DiMotto on recall elections; Federal Evidence Review on other acts
Interesting legal blogs.
ON APPEAL: Motion for sentence modification tolls AEDPA
The timeline for filing a petition for writ of habeas corpus in federal court challenging a state conviction is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Recently, the United States Supreme Court addressed whether a state inmate’s challenge to his sentence tolls the deadline.
THE DARK SIDE: Public campaign financing in an unjust society
In Dr. Martin Luther King Jr.’s Letter from Birmingham Jail, he famously wrote, “Injustice anywhere is a threat to justice everywhere.”
BLAWG LOG: O’Hear on Brady violations; Esenberg on the Ozanne opinion
Interesting legal blogs.
THE DARK SIDE: Thompson a solid pick for new public defender
Congratulations to Kelli Thompson on being named the state’s new public defender.
ON THE DEFENSIVE: Thoughts on liberty and fair prosecution
The American system of criminal justice is based on the principle that a person remains innocent until proven guilty beyond a reasonable doubt. That is the way it should be.
BLAWG LOG: More DiMotto on contempt; Pettit on CCAP
Some interesting legal blogs: More DiMotto on contempt. Pettit on CCAP.
LEGAL CENTS: Great marketing plans don’t have to be expensive
Attorney Diane Mader didn't happen upon her successful practice, she planned it that way. Middleton-based Mader is a strong proponent of legal marketing because, as she puts it, "You need to plan your work and work your plan."
BEV BUTULA: Lexis expanding its e-book collection
LexisNexis just announced that beginning Monday more than 100 new titles will be released in e-book format.
THE DARK SIDE: There’s no pilpul in the Wisconsin Law Journal
I recently learned a new Yiddish term while reading a novel called "The Chosen" by Chaim Potok: "pilpul."
Legal News
- Milwaukee drops security personnel ordinance
- Wisconsin Supreme Court tacks on additional months to already suspended lawyer
- Supreme Court: Abortion protester’s First Amendment rights violated
- These doctors were censured. Wisconsin’s prisons hired them anyway
- Ruling reinstates lawsuit over ‘Black Lives Matter’ school posters
- Wisconsin Supreme Court to consider whether 175-year-old law bans abortion
- Wisconsin man facing bestiality and felony bail jumping charges
- Waukesha County woman indicted in National Health Care Fraud Law Enforcement Action
- Man sentenced to 15 months for fraud involving luxury vehicles
- Wisconsin Department of Justice Fire Marshal investigating fire that killed six
- Ozaukee County first responders save family of three, father and son on Milwaukee River
- Supreme Court sends Trump immunity case back to lower court, dimming chance of trial before election
Case Digests
- Termination of Parental Rights
- First Amendment Rights
- Termination of Parental Rights
- Late Filing
- Real Estate-Attorney Fees
- Ineffective Assistance of Counsel
- Variance-Interpretation of Zoning Ordinances
- Sentencing
- Fourteenth Amendment’s Due Process Clause-Jury Instructions
- Unlawful Collection Practices-Evidence
- Sentencing-Vindictiveness
- Prisoner Grievances-Exhaustion of Administrative Remedies