Commentary

Apr 12, 2016

BRIEFS FOR THE BRIEF WRITER: In appellate briefs, don’t forget the brief part

Appellate briefs. The bane of some lawyers, the boon of others, including me.

Apr 10, 2016

Airport privatization: An idea whose time has come?

During his successful re-election campaign, Milwaukee County Executive Chris Abele often said that he would consider and act on the best ideas from anyone — Democrat or Republican.

Apr 5, 2016

Ill. judge: Lawyer erred in defending himself

The Homer Glen, Ill., attorney who was found guilty of trying to hire another inmate to kill his wife while he was locked up in the Will County jail has asked to represent himself again: http://bit.ly/1q42FK2

Apr 5, 2016

Impact of Scalia’s death on forced arbitration and consumer class actions

In the wake of U.S. Supreme Court Justice Antonin Scalia’s death, many pundits debated his influence on hot topics such as affirmative action, the Second Amendment and same-sex marriage.

Apr 4, 2016

Court fumbles with abortion-case ruling

The Court of Appeals rejected Planned Parenthood’s bid for declaratory judgment on the construction of two abortion statutes, and in the process damaged the idea of justiciability.

Apr 1, 2016

George Mason Law changing name to ASS Law

George Mason was a founding father. He was one of the men who was responsible for the Bill of Rights — he wouldn’t sign the constitution without it (or at all, ultimately). Now, the law school at the university that bears his name is changing its name to the Antonin Scalia School of Law at George Mason University — or ASS Law: View from around the state: Courts paint phony picture to justify fees

Even the National Gallery in Washington, D.C., with paintings by Rembrandt and Van Gogh, allows flash photography.

Mar 28, 2016

The fundamentals of expert witness cross-examination

“A lawyer can do anything with cross-examination if he is skillful enough not to impale his own cause upon it.” -- John Henry Wigmore

Mar 25, 2016

Woman convicted of working for decade as unlicensed attorney

A former president of a county bar association in Pennsylvania has been convicted of using forged documents to pose as an estate lawyer for a decade even though she didn't have a law license.

Mar 22, 2016

BENCH BLOG: Community caretaker function case highlights decline of high court

A majority of the Wisconsin Supreme Court justices expanded the contours of the community-caretaker exception to the Fourth Amendment's warrant requirement even while embarrassing themselves through the way they reached their decision.

Mar 21, 2016

CRITIC’S CORNER: Truth or doubt: Where should the emphasis lie in jury instructions?

In Wisconsin, criminal jury instruction 140 defines reasonable doubt for the jury. Strangely, however, after defining reasonable doubt, the instruction concludes by telling jurors that “you are not to search for doubt. You are to search for the truth.”

Mar 14, 2016

View from around the state: Supreme Court contest matters as much as presidential vote

While the attention will be on the presidential competitions, there will be an equally important contest on the April 5 ballot. Voting for a place on the state Supreme Court will determine whether Wisconsin's historic commitment to judicial independence and integrity will be renewed.

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