Commentary

Feb 14, 2017

The 7th Amendment: A gift from our country’s founders

This year marked the 225th anniversary of the Bill of Rights. Among the many provisions of this fundamental document is the right, afforded by the 7th Amendment, to a civil jury trial.

Feb 6, 2017

Apparent authority doctrine determines jurisdiction dispute

The Court of Appeals applied the agency doctrine of apparent authority when deciding whether the property owners in an eminent domain case had obtained jurisdiction over the governmental entity that condemned their property.

Jan 31, 2017

CRITIC’S CORNER: Weird science in Wisconsin courts

Steven Avery was convicted of murder in 2007. At his trial, the state called numerous scientific experts to help seal his fate. Then, a few years later, Wisconsin adopted the stricter Daubert standard for the admissibility of expert testimony. Had this supposedly tougher standard been in effect earlier, how would it have affected Avery’s trial?

Jan 25, 2017

View from around the state: State’s courts shouldn’t be for sale

Take the "For Sale" sign off Wisconsin's courts.

Jan 24, 2017

Sentencing and corrections reform in Wisconsin: Looking back, looking ahead

After about three decades of nearly continuous growth, Wisconsin’s prison population has stabilized over the past dozen years at about 22,000 to 23,000 inmates.

Jan 20, 2017

REVIEW: ‘Slenderman’ explores online craze, attempted murder

The Slender Man craze swept the younger digerati while their unwitting elders occupied themselves online with Twitter, Facebook and YouTube.

Jan 18, 2017

View from around the state: Judge recusal proposal makes sense

More than 50 retired jurists are making a reasonable request of the state Supreme Court: Set a "bright line" for judges to step down from cases that involve a party who has made a campaign contribution to that judge.

Jan 16, 2017

High court tackles Daubert standards in 2017’s first decision

Earlier this month the Wisconsin Supreme Court issued a lengthy decision in the case of Seifert v. Balink, handing down the court’s first decision on the recently amended Wis. Stat. § 907.02 and, specifically, whether a medical expert’s opinions are reliable under Daubert.

Jan 12, 2017

BENCH BLOG: Public trust doctrine wins in family feud over riparian rights

The Court of Appeals took a dim view of a brother’s response to his sister’s declaratory lawsuit in which she sought to affirm her riparian rights on the Sailor Creek Flowage in Price County.

Jan 9, 2017

Two old rivals reconsider place for civility among adversaries

With high financial stakes, demanding clients and looming deadlines, it’s easy to let our control of our words and actions slip under pressure. Nearly every day we read stories about lawyers being uncivil and doing uncivil things — most of the time, in high-pressure situations.

Jan 3, 2017

View from around the state: State court got it wrong; public has right to videos

Overturning two lower court rulings, the Wisconsin Supreme Court struck a blow for government secrecy.

Dec 23, 2016

BENCH BLOG: Hot pursuit for a brake-light violation?

In its first non-disciplinary case of the term, the Wisconsin Supreme Court issued a 3-1-3 decision for the second time in six months despite the presence of a new justice.

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