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Jul 24, 2012

THE DARK SIDE: Medicaid case fails test for jury

Last month, the Wisconsin Supreme Court held that the state is entitled to a jury trial when suing a private actor for Medicaid fraud under the Deceptive Trade Practices Act (State v. Abbott Laboratories, 2012 WI 62).

Jul 17, 2012

THE DARK SIDE: On dogs and baseball

The skills that make a person a great attorney are not so limited as they are in baseball.

Jul 10, 2012

THE DARK SIDE: Everything about practicing law I learned from Ecclesiastes

Practicing law well is a lot like living a well-lived life.

Jul 3, 2012

THE DARK SIDE: Lack of judicial temperament is like obscenity

The other day, some of us were discussing “judicial temperament,” or more specifically, we were swapping war stories about the lack of it.

Jun 26, 2012

THE DARK SIDE: I love ‘not guilty’ verdicts

I recently spent a little downtime scouring Article I of the U.S. Constitution. What I was looking for was the provision saying that Congress has authority to hold investigations into steroid use by baseball players.

Jun 20, 2012

THE DARK SIDE: Where have all the burglars gone?

As a matter of policy, I generally avoid modern literature.

Jun 7, 2012

THE DARK SIDE: Citation to unpublished opinions is like crying Wolff

I recently received a very nice letter from Chief Justice Abrahamson, thanking me for my service on the Supreme Court’s committee to study citation to unpublished opinions.

May 31, 2012

THE DARK SIDE: On ‘filled milk’ and the Beatles

A conversation occurs whenever an argument breaks out over U.S. v. Carolene Products, 304 U.S. 144 (1938), which deals with unconscionably upholding the criminalization of shipping filled milk across a state line.

May 23, 2012

THE DARK SIDE: Don’t let your clients sign land contracts

It is safe to say there is very little about which an old-school conservative like me and an advocate for majoritarian tyranny, such as Roscoe Pound, could agree.

Apr 25, 2012

THE DARK SIDE: Appeal to what is best in jurors

Many years ago, a former Alabama congressman told me the following story:

Apr 13, 2012

THE DARK SIDE: Hold the broccoli, Congress

Unless it’s served with lots of beef and slathered with Hunan sauce, I don’t much care for broccoli.

Feb 21, 2012

THE DARK SIDE: Reality matters, not perception

From time to time, I hear people say something like, “It’s not only important the judicial system be fair; it is important the judicial system be perceived as fair.”


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