Commentary

Nov 11, 2021

There should be no ties in litigation

There is a saying in sports that a tie is like kissing your sister. For an appeal to the Wisconsin Supreme Court, however, a tie would be like kissing your sister after having paid her a lot of money.

Nov 10, 2021

EXPLAINER: Did state’s own witnesses hurt Rittenhouse case?

Prosecutors wrapped up more than a week of testimony at Kyle Rittenhouse's homicide trial after calling more than a dozen witnesses — some appearing to help the defense more than the prosecution.

Nov 8, 2021

EXPLAINER: Prosecutors play up Rittenhouse inexperience

Prosecutors trying to convict Kyle Rittenhouse of murder have been working to paint him as an inexperienced teenager who misrepresented his age and medical training to other armed civilians in […]

Nov 5, 2021

EXPLAINER: Rittenhouse plane part of widespread surveillance

Prosecutors working to convict Kyle Rittenhouse in the shootings of three people during a protest against police brutality in Wisconsin have introduced as evidence surveillance video taken from an FBI airplane circling thousands of feet above the chaos.

Nov 4, 2021

Why are medieval weapons laws at the center of a US Supreme Court case?

In the opening scene of "The Last Duel," the new film set in 14th-century France, a herald announces the rules for conduct at a tournament to the death.

Nov 1, 2021

Justices will consider if the fundamental right to keep a gun at home applies to carrying weapons in public

The Supreme Court is set to hear arguments Nov. 3, 2021, on a clear question: Does the constitutional right to possess a gun extend outside the home? The answer may […]

Oct 28, 2021

Where have all the grievances gone?

For about the last thirty years, my side job has been to serve as retained counsel, first for BAPR, then for OLR.

Oct 27, 2021

Editorial: Time to give it up, Mr. Gableman

Michael Gableman got off to a bad start in his redundant review of Wisconsin’s vote for president. And his ham-handed investigation keeps getting worse.

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.