Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

Brunner unopposed in court of appeals election

Both of these cases address Indiana laws, but both are nevertheless relevant to Wisconsin attorneys and lawmakers. A requirement that voters present photo ID has wide support in Wisconsin, and legislation has previously been introduced to create such a requirement, ...

Two cases from Indiana have implications for Wisconsin

Former U.S. Attorney becomes first Republican to head DOJ since 1990

The McNulty Memo: Why it matters to corporate counsel

At least three points in this case are particularly noteworthy. First, in reviewing the district court’s assessment, the court noted that the district court had access to Pruitt’s written pretrial submissions. However, as the dissent notes, those were prepared by ...

Discretion not abused by failure to seek counsel

Although this case involves an interpretation of Illinois law, it is nevertheless relevant to Wisconsin practitioners, because sec. 242.05(1) is identical to the Illinois statute considered in this case. In addition, just as there are no Illinois cases directly defining ...

No fraud in transferring worthless accounts

Two articles by UW Law School Professors Stewart Macaulay and Marc Galanter have been included in a collection of the top legal writing. Photo courtesy of UW Law School When it comes to creating some of the most prolific legal ...

Legislators cover attorney pay gap through January

The case is a good candidate for review in the Supreme Court. The court of appeals twice deferred considering the equities of the case by remarking that any exception to the voluntary payment doctrine must be created by that court. ...

Doctrine bars suit for overpayment

Failure to respond could mean loss in “court of public opinion”

The conclusion of the court is rather unremarkable — a defendant cannot respond to a no-merit brief by his attorney in a meaningful way without access to the PSI (at least if he wishes to challenge his sentence). Nevertheless, the ...

What the court held Case: State of Wisconsin v. Michael J. Parent, No. 2005AP661-CRNM Issue: Does a defendant whose attorney files a no-merit brief have the right to access his presentence investigation report? Holding: Yes. Meaningful opportunity to respond to ...

Ethics 2000’s pro bono rule lacks teeth

Warped doors causing problems at Dane County Courthouse

What has Sarbanes-Oxley done for you lately?

As of Dec. 6, 2006, nonresident attorneys accounted for more than 30 percent of total membership in the State Bar of Wisconsin, but far less than half of that percentage is reflected on the State Bar’s governing body. Recent efforts ...

State admits it can’t meet burden of proof

The most noteworthy aspect of the decision is that, even though the court affirmed the reconfinement sentence, it arguably would not do so, on identical facts, in a future case. Before finding that the circuit court articulated sufficient reasons for ...

Reconfinement after revocation subject to discretionary review

The decision is a good candidate for review in the Wisconsin Supreme Court, for at least two reasons. First, it raises the question whether Art. I, sec. 11, of the Wisconsin Constitution is still coextensive with the Fourth Amendment. The ...

Suppression is not required for unlawful subpoena

On-demand Continuing Legal Education (CLE) programs will soon be in demand as the Wisconsin Supreme Court adopted amendments to Supreme Court Rules 31.01 and 31.05 pertaining to the expansion of CLE programming online. Overwhelming support from the State Bar, Board ...

Supreme Court approval concludes ethics revision saga

Perhaps the most important thing to keep in mind regarding this case is that it concerns dismissal, rather than summary judgment. To proceed to trial, the plaintiff will have to present evidence; at this stage of the proceedings, allegations alone ...

Economic loss doctrine does not bar sec. 134.01 claim

Task force suggests changes to WisTAF fee rule