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David Ziemer

The State Bar did what?

Wisconsin now has the most permissive rules in the country when it comes to admitting out-of-state attorneys based on practice in other states. http://www.wislawjournal.com/article.cfm/2009/01/19/Reciprocity-rule-is-repealed-Admission-eased-for-outofstate-attorney Before, such attorneys could only be permitted to join the Wisconsin bar without taking the bar ...

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Access to Justice

The Wisconsin Supreme Court is now considering creation of a non-profit corporation to address the issue of access to justice. Over the years, many other proposals have been considered or adopted, such as imposing a $50 tax on every attorney ...

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Justice Delayed

O.J. Simpson has finally been sentenced to prison. Not for multiple homicide in Los Angeles back in the ’90s, but for other more recent charges in Nevada. That is too little, too late. Lost in the discussion of those long-ago ...

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Irresponsible Journalism

The Capital Times has never been considered a reputable news source, but this latest entry is particularly irresponsible.The article begins: “If there was any question as to where newly elected Wisconsin Supreme Court Justice Michael Gableman stands on abortion or, ...

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Blawg election

It’s that time of year again, when the ABA nominates 100 legal blogs (blawgs), and gives us the opportunity to vote on our favorites in a variety of categories. This year, one of the nominees is “Deliberations,” by Milwaukee attorney ...

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Welcome!

Be sure to check out the latest addition to the Wisconsin blawgosphere, Wisconsin Lawyers Blog. With 8 Wisconsin attorneys blogging at the site, in the categories of civil litigation, real estate, business law, personal injury, and intellectual property, it will ...

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Romanettes?

It’s not every day an attorney gets to teach the chief justice of the U.S. Supreme Court a new word. But in a recent oral argument concerning statutory construction, an attorney referred to “romanettes,” puzzling Chief Justice John Roberts. Apparently, ...

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That’s Dedication!

How’s this for a law student with commitment to the law? http://news.ktar.com/index.php?hlpage=4&nid=6&sid=986784 When a burglar armed with a baseball bat broke into his home, he was perfectly willing to part with his money and his guitar. But the laptop containing ...

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Pro Bono

When I practiced law, I did a lot of pro bono work. So, am I offended by the recent remarks of Dennis Jacobs, Chief Judge of the Second Circuit Court of Appeals, at the inaugural event of the Rochester, NY, ...

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Kudos to Kremers

Last week, Milwaukee Mayor Tom Barrett, in an irresponsible act of grandstanding, sent a letter to Milwaukee County Chief Judge Jeffrey Kremers, saying in part, “I ask that you institute a moratorium on Milwaukee County foreclosure proceedings for 60 days, ...

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Voter Fraud

In one scene in the 1985 movie, “The Breakfast Club,” the high school burnout, John Bender, asks the nerd, Brian Johnson, why he needs a fake ID. “So I can vote,” Brian answers. The answer is rich with irony for ...

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U.S. Supreme Court accepts 10 cases

The U.S. Supreme Court today granted certiorari in ten new cases. Seven are criminal, one involves environmental law, one Indian law, and one is unique to Hawaii. A particularly interesting question is presented in one of the criminal cases: whether ...

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Alcohol + Caffeine

In very disheartening news, MillerCoors has delayed release of a new beverage that contains both alcohol and caffeine, called Sparks Red. The action comes as a response to threats from Big Brother (25 meddling state attorneys general, which thankfully, at ...

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A victory for tobacco

A federal judge in Florida has held that the jury findings, after a year-long state court trial against tobacco manufacturers, have no preclusive effect in federal court. The jury awarded a ridiculous $145 billion in punitive damages. The only downside ...

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Judicial election study is flawed

Oops! Apparently, the Louisiana Supreme Court is not on the take. For the past year or so, bashing judicial elections has been big business for the folks at the Wisconsin Judicial Campaign Integrity Committee and the Brennan Center for Justice. ...

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New Blog in Town

The bloggers here at Wisconsin Law Journal are happy to welcome a new blog to the Wisconsin legal community. The Marquette University Law School Faculty Blog launched on Monday, and already has several interesting posts regarding criminal law, environmental law, ...

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In defense of law reviews

A recent post at Prawfsblog by Professor Adam Scales, who teaches torts at Washington & Lee, asks the question, “Are Law Reviews Useful to Lawyers?” My own thoughts tend to correspond with his first sentence in the post, “Even to ...

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What’s missing here?

The Wisconsin State Bar is going to be showing roughly 700 commercials during the farce that is the Beijing Olympics. Obviously, an organization formed in part to protect human rights and the rule of law should refuse on principle to ...

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Citing unpublished opinions

An opinion from the Wisconsin Court of Appeals on July 31, State v. Schutz, No. 2008AP729-CR, demonstrates something needs to be done about the rule against citation to unpublished opinions. The issue in the case was whether a police officer’s ...

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Christmas is coming

I’ve always said that “Alcohol, Tobacco, and Firearms” is not a government agency, but is instead my Christmas list. Plus maybe a new tattoo, just for good measure. Soon, I, as well as all attorneys, and anyone else who takes ...

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Crack cocaine guidelines

Much effort has been spent over the years towards eliminating, or at least minimizing, the disparity between federal sentences for crack and powder cocaine. As well-intentioned as those efforts may be, the arguments generally miss the mark. Almost invariably, the ...

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Constitutional Authority

For what may well be the first time in my life, there is a bill pending in Congress that may actually be constitutional. H.R. 1359 would require that each act of Congress “contain a concise and definite statement of the ...

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Unhappy Anniversary

Today is the third anniversary of the U.S. Supreme Court’s abominable holding in Kelo v. City of New London, allowing private property to be taken for transfer to a more politically powerful private party. As Justice Clarence Thomas wrote in ...

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Presumptuous request

The State DOJ has asked the State Bar of Wisconsin to write an amicus brief defending Wisconsin’s rule prohibiting judges from being members of political parties. That request came in a letter dated June 6. I understand that the DOJ ...

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Let’s Be Honest

During her address to the Eastern District of Wisconsin Bar Association last month, Judge Diane S. Sykes related the following anecdote from the Constitutional Convention on the issue of how to choose judges: “As the debate mounted, Dr. Franklin interposed ...

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Inside the Jury Room

As a writer for a legal journal, I’d love to write an inside scoop of what goes on in a jury room. But, alas, every time I’ve been called for jury duty, I managed to get myself removed by one ...

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An easier solution

After the 2000 election, in which Bush won the Electoral College, but Gore won more popular votes, some persons dissatisfied with the results called for an end to the electoral college. This week, State Bar President Thomas Basting was displeased ...

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Student Speech

Judge Richard Posner of the Seventh Circuit may or may not write the most well-reasoned opinion in any given case, but it is a pretty sure bet that, among competing opinions, his will be the most eloquent. But in a ...

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