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David Ziemer

Sep 29, 2008

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 least does not include Wisconsin’s). The meddlers assert that mixing caffeine and alcohol is dangerous, […]

Sep 22, 2008

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 to the opinion that I can see is that the plaintiffs won’t be forced to […]

Sep 22, 2008

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. Exhibit A in their tirades against elections has been a law review article published earlier […]

Sep 8, 2008

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, economics, and employment law. We’re sure it will be a great addition and asset to […]

Sep 8, 2008

Attorney’s fees must be calculated before they are challenged

Suppose some federal judge rules in favor of your opponent, and orders that your client reimburse his opponent’s attorney fees. There is no need to wait for the amount of fees to be set; you can appeal the ruling on the merits, and the issue of whether attorney fees were properly awarded, can’t you? You […]

Sep 1, 2008

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 pose this question is to invite a degree of ridicule; the estrangement of academic law […]

Aug 11, 2008

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 have anything to do with games held in a nation as repressive and authoritarian as […]

Aug 4, 2008

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 administration of field sobriety tests to a suspected drunk driver was lawful. You would think […]

Jul 28, 2008

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 Constitutional liberties seriously, will be able to purchase one particular firearm that is a must-have. […]

Jul 14, 2008

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 focus is on the racial difference in the offenders: the defendants sentenced under the crack […]

Jun 23, 2008

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 constitutional authority relied upon for the enactment of each portion of that Act.” The bill […]

Jun 23, 2008

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 dissent at the time: “If ever there were justification for intrusive judicial review of constitutional […]

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