Commentary

Oct 26, 2021

Supreme Court rulings always include the perspective of a white male, but often exclude viewpoints of Black and Latina justices

In recent decades, much progress has been made in diversifying the Supreme Court. While only white males served as justices for more than 175 years, the court now includes three female justices, one Black and one Latina justice.

Oct 21, 2021

Political theater is not law

A friend of mine, who was a federal prosecutor, told me once that the problem with special prosecutors being appointed to investigate potential crimes was that they have an incentive to find a reason to issue charges.

Oct 20, 2021

Municipalities deserve a seat at the table regarding offender placements

It’s a safe assumption that nobody is going to relish the prospect of having to live in close proximity to a convicted flagrant sex offender.

Oct 18, 2021

The high conflict divorce

My late partner, Leonard Loeb, used to say that every lawyer has at least one case which they think is the cause of most of their headaches and lost sleep. The lawyer thinks “as soon as that case is completed, my life will be so much easier.” But, naturally, as soon as that case does wrap up, there is another one with the same effect on the lawyer.

Oct 14, 2021

Hidden cameras don’t belong in schools

It’s not uncommon for the rest of the state to look at Madison and react by wondering, “What were they thinking?” But the reaction is usually prompted by the antics of state government, not a school district putting hidden cameras in a high school locker room.

Oct 7, 2021

Fading trust in courts must be restored

The installation of a new district attorney for Eau Claire County brings a new chapter to the beleaguered office. We hope Peter Rindal does well.

Oct 5, 2021

Century-old racist US Supreme Court cases still rule over millions of Americans

The 4 million inhabitants of five U.S. territories – Puerto Rico, American Samoa, Northern Marianas Islands, Guam and the U.S. Virgin Islands – do not have the full protection of the Constitution, because of a series of Supreme Court cases dating back to 1901 that are based on archaic, often racist language and reasoning. No […]

Oct 4, 2021

COVID AND CUSTODY: Surprising lack of litigation among parents over vaccines, masks

One of the expected consequences of the COVID epidemic was disputes between parents regarding parenting children.

Sep 29, 2021

All in favor of teaching civics in Wisconsin high schools, say aye — ‘Aye!’

Lots of troubling evidence shows the need for better civics education in Wisconsin.

Sep 22, 2021

Sentence in huffing case doesn’t feel like justice

It’s hard to know exactly how to feel about the sentencing of John Stender last week. He wasn’t behind the wheel on Nov. 3, 2018, when Colten Treu drove his truck through a group of Girl Scouts cleaning up litter along the side of Highway P. But he certainly bore considerable responsibility.

Sep 20, 2021

The Supreme Court has overturned precedent dozens of times in the past 60 years, including when it struck down legal segregation

It is a central principle of law: Courts are supposed to follow earlier decisions – precedent – to resolve current disputes. But it's inevitable that sometimes, the precedent has to go, and a court has to overrule another court, or even its own decision from an earlier case.

Sep 2, 2021

Fee recovery is key to transparency

Many states, including Wisconsin, have public records laws. But that doesn’t mean requesters always get the records they seek, or even that the laws are followed.

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