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The Dark Side

Aug 23, 2010

Commentary: On entrepreneurship and shrubbery

I am intrigued by the saga of two students at the University of Wisconsin-Madison who have run afoul of the law by running a liquor delivery service. Apparently, students would place an order for alcohol on a website called campusdrank.com, and for a $2 added charge, the liquor would be delivered to them. In a […]

Aug 16, 2010

Commentary: Supreme Court dumbs down legal research

Suppose you’re doing research for a brief in support of a motion to exclude some piece of evidence from an upcoming trial. You come upon a published opinion by the Wisconsin Court of Appeals that is directly on point. But it has a flag, indicating that it is no longer good for at least one […]

Aug 9, 2010

David Ziemer: Bullying and breeding new attorneys

The school year that starts this fall will be totally different from what it used to be.

Aug 9, 2010

Commentary: Bullying and breeding new attorneys

The school year that starts this fall will be totally different from what it used to be. Pursuant to a new law, effective Aug. 15, every school board in Wisconsin must have an “anti-bullying” policy. I have no doubt that the law will entirely eliminate bullying in schools. After all, since the federal government outlawed […]

Aug 2, 2010

Commentary: Judicial nominations – then and now

So President Obama has appointed UW law professor Victoria Nourse to replace retiring Judge Terence Evans on the Seventh Circuit. Needless to say, it’s not a choice I would make. For me, the simple fact that she wrote an article in the California Law Review last year entitled “A Tale of Two Lochners,” in which […]

Jul 26, 2010

Commentary: Be the first to ‘like’ The Dark Side

Several years ago, my friend Pilar announced to me that she had just gotten a MySpace page. She said I should do the same so that we could be MySpace pals, or something to that effect. I explained to her that I was 40 years old, and if I had a MySpace page, people would […]

Jul 26, 2010

Commentary: On liberty of contract and stray kittens

Whenever progressives interfere with the constitutional right to liberty of contract, there are invariably consequences that they intend, and consequences they did not intend. Thus, when they raise the minimum wage, they intend to jack up the unemployment rate. What they don’t intend is that people will switch from the legal job market to working […]

Jul 12, 2010

Commentary: Dealing with presumptuous judges

Several years back, I told a friend of mine who sits on an appellate court that she was a much better appellate judge than she ever was a trial judge. When she asked why I said that, I told her it was because she didn’t know her proper role back when she was on the […]

Jul 5, 2010

Commentary: McDonald's complaints a supersized combo of pointlessness

The other day, I learned that some racketeers, who go by the misnomer Center for Science in the Public Interest, are threatening to sue the McDonald’s Corporation unless it immediately stops using toys to market Happy Meals. Normally, when I read something like that, I: (1) verify it is real, and not some satire piece […]

Jun 14, 2010

Commentary: Confessions of a former deca smuggler

Yet again, Congress is staging a photo-op under the pretense of protecting the game of baseball from evil steroid users. There are so many wonderful things they could be doing, like repealing the Sherman Act, or the minimum wage, or the National Labor Relations Act, or the Corporate Average Fuel Economy standards. But no. They […]

Jun 7, 2010

Commentary: My government is so good for me

I’m so glad that I have such a wonderful, beneficent, and paternalistic state government to protect me. Why, just less than two weeks ago, our thoughtful masters at the Department of Regulation & Licensing ordered continuing education classes for hair stylists, barbers, manicurists, aestheticians and electrologists. For some reason, my spellchecker doesn’t even recognize “ele[...]

May 31, 2010

Commentary: Whistleblower Protection Act only obstructs justice

I’m afraid I owe our readers an apology. While I’ve been turning The Dark Side into a Bohemian poetry review, the state Legislature has passed, and the governor has signed into law, a gross infringement of our clients’ constitutional right to compulsory process. On May 18, Gov. Doyle signed into law 2009 Assembly Bill 333, […]

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