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The Dark Side

May 24, 2010

Commentary: Avoiding difficult questions made easy

One of the hazards of being an attorney, as I’m sure all of you have discovered, is that laypersons expect you to have an opinion on a whole variety of things far outside the realm of your knowledge. Supreme Court nominations are one such instance. I’ve read almost every published court opinion issued since 2000 […]

May 17, 2010

Commentary: Arguments aplenty at state bar convention

A remarkable coincidence occurred on May 6. Governor Jim Doyle announced that the billion-dollar, high-speed train from Milwaukee to nowhere would be redirected to run from Milwaukee to the architectural train wreck that is the Monona Terrace Convention Center in Madison. On the same day, lawyers were gathered at the convention center/train wreck for the […]

May 3, 2010

Commentary: A beautiful Constitution lies underneath ugly precedents

I recently was talking with a friend at a cocktail party given by the Dane County Bar Association in Madison (yes, I do have many friends in Madison, although they may find The Dark Side perplexing at times). Anyway, we were talking about a house he once owned that was built in the 1920s. It […]

Apr 26, 2010

Commentary: No coincidence Earth Day is Lenin’s birthday

April 22 is Earth Day. Very appropriately, and not by any means coincidentally, Earth Day is celebrated on the birthday of the socialist tyrant Vladimir Lenin. It’s appropriate that the two are celebrated on the same day, because there is no relevant difference between the socialist and environmentalist agendas in this country. Saving the environment […]

Apr 19, 2010

Commentary: Wanted: litigators, not social workers

I recently attended a lecture at Marquette by former U.S. District Court Judge Mark R. Filip. Among the things he said is that judges, however learned in the law they may be, have no special moral training. And that sentencing a defendant, unlike deciding an evidentiary motion, is essentially a moral judgment, not a legal […]

Apr 12, 2010

Powder/crack cocaine as different as Metallica and U2

I recently met a very beautiful and intelligent young attorney who pretty much sets the standard for the perfect woman: in addition to the aforementioned qualities, she’s a member of the Federalist Society and her favorite band is Metallica. In the course of our conversation, she remarked that she and her husband were going to […]

Apr 5, 2010

True-blue Americans read beatnik poetry, too

As you can imagine, last week’s column about the poetry of John Milton went over well on The Dark Side. What you may not guess, though, is that in my social circles any discussion of poetry inevitably leads to the leftist poet, Delmore Schwartz. It matters not whether it occurs in a high-brow salon or […]

Mar 29, 2010

Commentary: ‘Social justice’ is a euphemism for ‘tyranny’

Deep down, I’m just a simple, provincial lawyer So, the powerlust that motivates what is called “the social justice crowd” has always been something I couldn’t fathom. I gave up trying to understand their motivation decades ago. In rereading John Milton’s “Paradise Lost,” though, I may have finally found the understanding I was seeking. The […]

Mar 22, 2010

Commentary: On restoration of our basic privileges and immunities

Last weekend, I went on an outing with a conservative organization to a shooting range. Perhaps there are better ways to spend the Sabbath than target practice with a group of beautiful, right-thinking, heavily-armed young women. But none come to mind just now. The particular weapon that I brought to the event was a revolver […]

Mar 15, 2010

Commentary: Something completely different, and yet the same

The other day my fellow Law Journal columnist, Jane Pribek, and I decided to swap columns. I would give advice on how to save a few bucks, and she would explore The Dark Side of the legal profession. “So, where do you get your column ideas?” I asked. “I spend lots of time on the […]

Mar 8, 2010

Commentary: Transactional work can be high drama, too

Surely, one of the most remarkable events of the recent Winter Olympics was the emergence of women’s curling as must-see television. People would sit down and ask, “Why is this even on television?” Fifteen to twenty minutes later, they would be rebuffing attempts at conversation with, “I can’t talk now. I have to watch this […]

Mar 1, 2010

Commentary: Some folks just can’t perceive the obvious

I read a riotously funny article the other day, about how state laws banning texting or talking on cell phones while driving have no effect whatsoever on the number of crashes. What’s so funny about that? What’s so funny is the inability of the “experts” to come up with an explanation for the data. One […]

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