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Commentary

Nov 30, 2022

Competing rights and interests

On Nov. 6, the United States Supreme Court heard oral arguments in Brackeen v. Haaland, a case which presented numerous constitutional and legislative issues regarding the Indian Child Welfare Act or ICWA. 

right to self-represent
Nov 15, 2022

Pro se representation comes at a cost

Few recent trials have attracted as much attention in the non-legal world than the Brooks trial in Waukesha. 

Nov 14, 2022

Why it may not matter whether Elon Musk broke US labor laws with his mass firings at Twitter

About a week after Elon Musk assumed control of Twitter on Oct. 28, the social media platform stirred up a storm of controversy by abruptly firing about half of its 7,500 employees.

Nov 4, 2022

Out of the mouths of babes

While a child of 16 years with a car is going to make his or her own decision about placement, do we really want to give a 7 year old that authority?

Wisconsin's new LLC laws
Nov 3, 2022

Wisconsin’s new LLC laws: What you need to know

Effective Jan. 1, business entity law changes are coming for limited liability companies (LLCs) in Wisconsin.

right to self-represent
Oct 18, 2022

The right to self-represent

In 1975, The United States Supreme Court held that a criminal defendant has a constitutional right to waive counsel and self-represent in a criminal case. Faretta v. California, 422 U.S. 806 (1975).  While the trial court has a responsibility to discourage self-representation, it cannot prohibit it. The result can be (and usually is) the circus occurring in the Waukesha trial of the Christmas par[...]

Oct 13, 2022

A resource for family law cases

Ten years ago, the average number of cases to report on, between Wisconsin Supreme Court and Court of Appeals (published and citeable unpublished cases) was 15-20 per year. So far this year, there have been zero Supreme Court cases, one published Court of Appeals case and four citeable unpublished Court of Appeals cases.

Oct 7, 2022

AG candidates weigh in on transparency

Josh Kaul and Eric Toney are miles apart on many issues, but when it comes to open government, the candidates vying for Wisconsin attorney general in the Nov. 8 election agree: more money is needed to handle enforcement of the state’s transparency laws.

Oct 7, 2022

Editorial: Legal rights can’t lightly be cast aside

There’s an old adage that says a person “who is his own lawyer has a fool for a client.” Generally speaking, it’s true.

Sep 20, 2022

Closing a law practice: Not as simple as it seems

After 38 years as a family law attorney with Loeb & Herman LLC, I have joined JAMS as a neutral in its Wisconsin office.

Sep 8, 2022

Batter up for some judicial activism

The term “judicial activism” is commonly thrown around to disparage judges. It generally is used to accuse courts of being too aggressive or too liberal.  A recent court of appeals decision contains an element which raises an interesting question.

Sep 2, 2022

OPEN RECORDS: Outsiders can’t block records access

Wisconsin’s open-records law is most often used by requesters seeking to obtain records from a government agency. But occasionally it works in reverse, allowing someone to block the release of records to a requester.

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