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David Ziemer

Mar 30, 2011

THE DARK SIDE: There’s no pilpul in the Wisconsin Law Journal

I recently learned a new Yiddish term while reading a novel called "The Chosen" by Chaim Potok: "pilpul."

Mar 22, 2011

THE DARK SIDE: What is this state smokin’?

Everyone has to have faith in something or somebody. I have faith in the actuaries who work for insurance companies. If they say women should have lower rates for life insurance than men, then I know women live longer than men on average. If they base car insurance rates on zip codes, then I know […]

Mar 14, 2011

THE DARK SIDE: When good unions go bad

This is an example of what is wrong with public sector unions. I’m not attacking public sector unions here. They have their pros and cons. But this case is a good example of one of the cons — excessive litigation that private sector unions and employers wouldn’t pursue. It is a 188-page decision from the […]

Mar 8, 2011

THE DARK SIDE: Attorney discipline should be left to the attorneys

Every few months, our local left-wing propaganda machine, The Milwaukee Journal Sentinel, goes on a new jihad about something or other, whether it be making our already draconian drunk driving laws even more draconian, or trying to outlaw a perfectly safe chemical like BPA.

Mar 1, 2011

THE DARK SIDE: The main difference between Madison and Milwaukee? Sand

I was in Madison one day last week. Those of you who enjoy my work will be happy to know that I was not burned at the stake for heresy. Instead, I had a lovely time.

Feb 23, 2011

THE DARK SIDE: The Grateful Dead meet the courthouse crowd

When I was young, it was an annual event to go see the Grateful Dead perform at Alpine Valley. You can imagine what that entailed. I never went to the extreme of traveling around the country to follow the band. Some people have always had to work, you know. But when they came to town […]

Jul 6, 2009

Dealing with judicial death threats

Last month, a New Jersey man was arrested and charged with making death threats against three judges on the Seventh Circuit Court of Appeals. The motivation for the threats was the unremarkable opinion in NRA v. City of Chicago, No. 08-4241 (June 2, 2009). Without deciding the merits of the Second Amendment issue, the court […]

Jun 29, 2009

Citation of unpublished opinions starts July 1

July 1 will be a landmark day in Wisconsin legal history. Starting that day, attorneys will be allowed to cite some unpublished Court of Appeals' opinions. Unpublished but authored opinions issued on July 1 or after can be cited for persuasive, but not precedential, authority. Per curiam opinions and summary dispositions still won't be citable. […]

Jun 22, 2009

Don’t interfere with jury deliberations

Whether to change Wisconsin’s rules governing joint and several liability is an issue that will certainly rise again, even if it is not included in the state’s budget bill. I don’t intend here to take any position on what the optimum rules are — whether 51 percent liability should be required for joint and several […]

Jun 8, 2009

Judicial elections – I give up

I have long opposed changes to how Wisconsin elects its judges. From proposals for appointment, to so-called “merit-selection,” to limits on the amount of campaign contributions, I have opposed them all. But I’m switching sides, now. What is the cause of the sudden change of heart, you ask? Have I suddenly decided that it is […]

Jun 1, 2009

When contracts are outlawed, only outlaws will enter contracts

Today, May 28, Rep. Gordon Hintz is proposing a new law to outlaw payday loans. http://www.wispolitics.com/index.iml?Article=159936 That’s not what the law actually says, of course. It merely imposes a cap of 36 percent interest annually on such loans. Consider the effect, however. A press release from Rep. Hintz notes that, if a consumer borrows $100 […]

May 25, 2009

Appropriate Attire

Apparently, some of the federal judges at the Seventh Circuit Bar Association convention this week believe that some attorneys’ clothing choices are inappropriate. It seems pretty simple to me: wear your conservative paisley ties at trial, especially when you do lots of child sexual assault cases, and save the whimsical ties for scheduling conferences. I’m […]

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