Commentary

Nov 15, 2021

EXPLAINER: What charges does Kyle Rittenhouse face?

Kyle Rittenhouse shot three men, killing two of them and wounding the third, during a protest against police brutality in Kenosha last year.

Nov 12, 2021

Could jury weigh lesser charges for Rittenhouse?

Prosecutors in Kyle Rittenhouse's murder trial could ask the jury to consider lesser charges when it gets the case, a move that could secure a conviction for some crime but take a possible life sentence off the table.

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.