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Commentary

Aug 10, 2017

102-year-old case speaks to us in 2017

The Court of Appeals relied on an 102-year-old precedent to decide the case of Hart v. Artisan and Truckers Cas. Co.

Aug 4, 2017

Prioritizing cybersecurity: Steps to improve law firms’ digital defenses

This practice can be risky because internal IT teams are often unable to monitor personal computers and may not have an opportunity to update them with the latest security software

Jul 18, 2017

US Supreme Court abolishes ban on offensive trademarks

The clause was ultimately found to violate First Amendment free-speech rights. The decision is already making itself felt.

Jul 3, 2017

Do I have an ethical obligation to be nice?

Civility, niceness, and more specifically incivility and meanness, are big news today.

Jun 26, 2017

CRITIC’S CORNER: ‘Mistakes were made’: A reply to Michael Griesbach

Wisconsin prosecutor Michael Griesbach recently wrote, “To be sure, mistakes were made in the Avery case.”

Jun 20, 2017

BENCH BLOG: On this much they agree: DOJ database seriously flawed

Read the case of Teague v. Schimel at your peril.

Jun 20, 2017

View from around the state: Trial shows need for cop cameras in Madison

Madison should pay close attention to the Milwaukee trial of a former police officer in the fatal shooting of 23-year-old Sylville Smith.

Jun 12, 2017

ON MEDIATION: Using the full strength of your case in mediation

Mediation is often portrayed as a rational and logical choice that saves money and time. Well, it is that. But let’s face it, it’s also usually required by the court and something that you might not do if it weren’t. That means there’s a risk that it becomes perfunctory.

Jun 5, 2017

View from around the state: US high court has chance to reject gerrymandering

My, my, how time flies when we are having redistricting fun.

May 30, 2017

BENCH BLOG: Client behavior: Enough to draw a tier

The Wisconsin Supreme Court recently reaffirmed its two-tiered framework for loss of the Sixth Amendment right to counsel. It overruled another case requiring a finding of intentionality and once again declined to mandate warnings to a defendant before forfeiture.

May 26, 2017

The truth about originalism

President Donald Trump has managed to seat a new justice on the U.S. Supreme Court's bench — Neil Gorsuch, formerly a judge in the 10th U.S. Circuit Court of Appeals. In doing so, the president once again drew attention to the doctrine which “conservatives” have historically preached from whatever hilltop perch they could find, using words which former D.C. Court of Appeals Judge Robert Bork[...]

May 22, 2017

BENCH BLOG: Accrual of a legal malpractice claim

The Court of Appeals took the opportunity to again offer instruction regarding when a tort claim accrues for purposes of the statute of limitations.

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