Please ensure Javascript is enabled for purposes of website accessibility

The Dark Side

Aug 31, 2009

Imagine if every judge did this

Imagine if the federal government indicted someone for a victimless crime that in no way affected interstate commerce or any other legitimate federal interest, but no Article III judge would hear the case. That would be the situation if every federal judge in the country were to do what U.S. District Court Judge J.P. Stadtmueller […]

Aug 24, 2009

State Bar is squandering dues again

I’m so excited. The Wisconsin State Bar is updating its logo and slogan. It seems like just yesterday that they came up with the slogan, “Expert Advisers. Serving You.” For whatever reason, what was good enough a few years ago isn’t good enough anymore. So they are spending time and resources developing a new slogan […]

Aug 17, 2009

Congressional overreaching

Congress is exceeding its Commerce Clause powers again. This time, it’s S. 909, the “Matthew Shepard Hate Crimes Prevention Act,” which was recently passed by the Senate. Congress actually invokes two sources of authority for the law: to guarantee citizens the rights secured by the Fourteenth Amendment; and to regulate interstate commerce. One of Congress’ […]

Aug 10, 2009

Supreme Court opinions are too long

The opinions issued by the Wisconsin Supreme Court are too long. John J. Kircher, a professor at Marquette Law School, recently calculated that, since 1978, the average length of their opinions has quadrupled. The court’s longest opinion in 1978 took up 40 pages, and the average was 12. In 2008, the average opinion was more […]

Aug 3, 2009

Plaintiffs’ standing would be a good thing

Whatever the Wisconsin Supreme Court ultimately decides on whether or not the domestic partnership registry is constitutional, it would be very unfortunate if that decision is delayed based on a holding that the plaintiffs in Appling v. Doyle lack standing to bring a lawsuit challenging it. The government enacted the law; and the government should […]

Jul 20, 2009

An outrageous proposal to limit CCAP

Suppose you are considering dating a woman. But first you run her name through the Consolidated Court Automation Programs (CCAP), and based on what you find there, decide that wouldn’t be such a good idea. Suppose you own a duplex, and you reject an application for tenancy after CCAP reveals the applicant has been evicted […]

Jul 13, 2009

Amicus brief was the height of hypocrisy

In case you didn’t notice, my column now has a title — “The Dark Side.” And for the first column under the new name, it seems appropriate to describe the day I joined the Dark Side. Yes, it was one particular day in the summer of 1990. I was living in Washington, D.C., working for […]

Polls

Is a $400 first offense fine enough of a deterrent to combat reckless driving in Wisconsin?

View Results

Loading ... Loading ...

Legal News

See All Legal News

Case Digests

Sea all WLJ People

Opinion Digests