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Commentary

Jul 1, 2016

CRITIC’S CORNER: The truth (about jury instruction 140) is out there

In my column from March, I wrote about Wisconsin’s criminal jury instruction 140. This instruction explains the notion of reasonable doubt, but then, strangely, concludes by telling jurors “not to search for doubt” when rendering their verdict but instead “to search for the truth.”

Jun 29, 2016

Making the jump from criminal to civil is more natural than you may think

I spent five years as a prosecutor in the Racine County District Attorney’s office and made the leap to civil law in January of 2014 with Habush Habush & Rottier. Since then, I’ve heard the above comment expressed with some frequency by lawyers who only practice criminal law and question how well their experience would transfer to a civil practice.

Jun 27, 2016

View from around the nation: Time has come for serious debate on assault weapons

All guns kill. Some do so with horrifying efficiency.

Jun 22, 2016

AG opinion not just about high-capacity well permits

In what industry representatives hope is a sign of more good things to come, the Wisconsin Department of Natural Resources is streamlining its high-capacity-wells policies in response to Attorney General Brad Schimel’s May 10 formal opinion on 2011 Wis. Act 21’s limits on agency authority.

Jun 20, 2016

View from around the nation: All the Internet is created equally

With a ruling that high-speed Internet service should be equally accessible to all Americans, a federal appeals court has come down forcefully in favor of competition and consumer protection.

Jun 14, 2016

BENCH BLOG: Court weighs in on difference between custody, detention

A sexual-assault case provided the context for the Court of Appeals to distinguish a formal arrest from detention in one’s home during the execution of a search warrant.

Jun 13, 2016

OSHA rule on injury reporting creates new obligations for employers

On May 12, the Occupational Safety and Health Administration published a final rule requiring certain employers to electronically submit workplace injury and illness information to OSHA and requiring all employers to adopt procedures to encourage employee reporting.

Jun 6, 2016

CRITIC’S CORNER: Convicting Avery (and overturning Denny)

The wildly popular Netflix documentary “Making a Murderer” chronicles the two convictions of Steven Avery. The bulk of the documentary concentrated on Avery’s second case — his trial for the murder of Teresa Halbach — in which there was a great deal of evidence that someone else, other than Avery, committed the crime.

Jun 3, 2016

New standards for overtime pay offer greater protections to American workers

After much anticipation, the Department of Labor finalized its new overtime-compensation rule on May 18.

Jun 1, 2016

When the doctor’s wrong

There is a scene in the 1970’s movie classic, "Network," when the TV anchorman Howard Beale finally snaps. “I’m a human being” (expletive deleted) rants Beale, “my life has value.” Value, yes, but God help us if we get sick.

Jun 1, 2016

View from around the state: Gerrymandering case belongs at SCOTUS

Sometimes, the only reasonable reaction to things that come out of government officials' mouths is a disgusted shake of one's head.

May 27, 2016

Open-record case a mixed blessing for transparency

Two weeks ago, the Wisconsin Court of Appeals released a decision concerning whether the federal Driver’s Privacy Protection Act requires law-enforcement agencies to black out identifying information from documents when responding to record requests.

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