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Tag Archives: Gregg Herman

Batter up for some judicial activism

The term “judicial activism” is commonly thrown around to disparage judges. It generally is used to accuse courts of being too aggressive or too liberal.  A recent court of appeals decision contains an element which raises an interesting question.

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The U.S. Supreme Court and politics

It would be pointless to write a column on the United States legal system and ignore the two significant cases which the court decided this week. One case, New York State Rifle and Pistol Association v. Bruen significantly expanded gun rights by striking down a New York law which restricted the right of New Yorkers to carry handguns in public.

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Courts meant to serve the public

Here's a simple idea: Courts should serve the public. In particular, parties should be allowed to be divorced without the costs and inconvenience of a public court appearance.

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Will courts really enforce proposed financial information exchange rules?

In law, as in many things in life, some ideas are better in theory than in practice. It is not uncommon that the Legislature, which has precious few lawyers (most sessions have ten or fewer lawyers out of 133 state Senators and Representatives, and almost none of them has ever been in the private practice of law), passes legislation which sounds good on its face but has a different practical effect. The phrase which attaches to such legislation is “the law of unintended consequences.”

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LAWYER ADVERTISING: Is it hucksterism or a valid business practice?

Last weekend, the CBS show “Sunday Morning” did a segment on lawyer advertising. Of course they showed clips from the over-the-top ads which seem to be mostly from Texas. The effect, as one who believes that the practice of law should be more of a profession than a business, was cringe inducing.

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The Valadez case: A bad start to the year

The first family-law case to be recommended for publication by the Court of Appeals in almost two years makes me wish that it would have been longer. Well, the good news is that when I write my end of the year column for 2022 highlighting bad decisions, I will have a good start.

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Look ahead to 2022 with family law

Last month’s column took a look back at the developments in family law for 2021. So, it seems appropriate to dedicate this month’s column to a look ahead to 2022.

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COLUMN: Exploiting an abhorrent act

A few weeks out of law school, I got my dream job. After some short training, I was sent into court and given two instructions: First, don’t f**k up. Second, if you do f**k up, don’t let it get in the newspapers.

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There should be no ties in litigation

There is a saying in sports that a tie is like kissing your sister. For an appeal to the Wisconsin Supreme Court, however, a tie would be like kissing your sister after having paid her a lot of money.

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The high conflict divorce

My late partner, Leonard Loeb, used to say that every lawyer has at least one case which they think is the cause of most of their headaches and lost sleep. The lawyer thinks “as soon as that case is completed, my life will be so much easier.” But, naturally, as soon as that case does wrap up, there is another one with the same effect on the lawyer.

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ZOOM, ZOOM, ZOOM: Sometimes, in-person is better

In a previous column, I commented that one of the few silver linings of the dark, dark cloud called Covid-19 is that it has led to an increased use of technology, such as Zoom, and the resulting avoidance of unnecessary costs.

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Who wants to be friends – with a judge?

On Jan. 13, 2020, the Wisconsin Supreme Court will hear oral arguments on the question of who can be friends with a judge – at least in the cyber world. The implications of the case may affect the use of ESM (Electronic Social Media) by judges and bring into play the adage “bad facts make bad law”.

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New removal law ignores certain realities

It’s not that the previous law on relocation was perfect, but the new version, while improving on certain aspects, violates what should be a principal tenet for legislation: Don’t adopt laws, at least parts of which, everyone is just going to ignore.

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