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Failure Case Analysis

There is more than a little irony in the court’s opinion. In its analysis of Elliott’s conviction, the court disavowed a statement from an earlier opinion as dicta, and wrote, “That judicial comments lacking the benefit of an adversarial presentation ...

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Seizure Case Analysis

The court’s logic — that because it was possible for Douglass to leave the scene, a reasonable person would feel free to leave, and therefore, there was no seizure — is suspect. Suppose, for example, that a police officer turned ...

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Should constitution define marriage?

The proposed amendment to the state constitution that will be on the Nov. 7 ballot has attorneys from many areas of practice considering its purposes and potential effects. The amendment would create a section of article XIII of the state ...

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Should we reinstate the death penalty?

On Nov. 7, Wisconsin voters will consider an advisory referendum question about whether to reestablish the death penalty after a 153-year hiatus. The referendum indicates it would be limited to “cases involving a person who is convicted of multiple first-de-gree ...

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Should constitution define marriage?

The proposed amendment to the state constitution that will be on the Nov. 7 ballot has attorneys from many areas of practice considering its purposes and potential effects. The amendment would create a section of article XIII of the state ...

Read More »

Should we reinstate the death penalty?

On Nov. 7, Wisconsin voters will consider an advisory referendum question about whether to reestablish the death penalty after a 153-year hiatus. The referendum indicates it would be limited to “cases involving a person who is convicted of multiple first-de-gree ...

Read More »

Promissory Estoppel

The question of the extent of a court’s power to award damages in a promissory estoppel case is not one that is likely to be resolved soon. At its heart, the issue involves a topic of great division on the ...

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Commitment Case Analysis

The decision “fills in [the] legislative silence” on the procedures to be followed before entering a commitment pursuant to sec. 973.07, with the minimum requirements in Fuller v. Oregon, 417 U.S. 40 (1974). However, it does not fill in the ...

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Loitering Case Analysis

The court’s decision settles an issue that has divided district court judges in the Eastern District. In U.S. v. Moore, 288 F.Supp.2d 955 (E.D.Wis.2003), for example, the district court held, consistent with the Seventh Circuit in the case at bar, ...

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DNR Case Analysis

The question that leaps out when reading this opinion is, “How can this issue be considered without any reference to sec. 227.57(8)?” Indisputably, the Legislature has given the DNR broad authority. If the DNR’s interpretation of sec. 30.03(4) and NR ...

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Reducing Clauses Analysis

If this decision is published, and not reversed by the Supreme Court, it is going to cause problems in determining its breadth. In this case, both the appellant’s and the appellee’s briefs were extremely well written. Significant swaths of text ...

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Injunctions Case Analysis

The court’s discussion of the decision in D. Patrick, Inc., v. Ford Motor Co., 8 F.3d 455 (7th Cir. 1993), does not actually limit the precedent of that decision in any way, nor that of H.K. Porter Co. v. National ...

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