Apr

29

Wisconsin Supreme Court Accepts Five New Cases for Review, Including Challenge to a Prison Discliplinary Action

Posted by: Jessica E. Slavin | April 29, 2009 | Leave a Comment

The Wisconsin Supreme Court has accepted five new cases for review, including a case that will focus on the fairness of prison disciplinary proceedings following a prison riot.
In Brunton v. Nuvell Credit Corp., the court will determine whether a defendant waived a challenge to improper venue under Wisconsin Statute section 421.401, the venue provision of [...]

Apr

28

Favorite Law School Activities: Equestrian Team

Posted by: Alison E. Julien | April 28, 2009 | Leave a Comment

My most useful and enjoyable extracurricular activity in law school had absolutely nothing to do with law school or the law, which was why it was both useful and enjoyable.  Let me explain.
When I started law school, I had moved to a new city and state, and I did not know anyone other than my [...]

Apr

27

Restrained Judicial Activism

Posted by: Sean Samis | April 27, 2009 | 1 Comment

In contemporary legal discussion, “judicial activism” is roundly condemned.  This behavior refers generally to any instance in which a court’s opinion is the product of the court following its personal policy preferences instead of the commands of the law.
The favored behavior is “judicial restraint,” which is usually defined by the values of “originalism” (deference to [...]

Apr

25

Seventh Circuit Criminal Case of the Week: When Is It a Crime to Stuff the Drawing Box?

Posted by: Michael M. O'Hear | April 25, 2009 | 1 Comment

In April 2005, the Ho-Chunk casino in Baraboo, Wisconsin, sponsored a drawing in which one lucky winner would receive $10,000.  The rules of the drawing identified a number of ways that participants could obtain entry forms, with each new entry increasing a participant’s odds of winning.  Two participants, however, chose to circumvent the prescribed processes [...]

Apr

25

Sally Soprano/Diego Primadonna for Real

Posted by: Andrea K. Schneider | April 25, 2009 | Leave a Comment

If negotiation professors ever need to argue to their students that their negotiation scenarios are realistic, here is a nice article to share.  A few weeks ago, the Wall Street Journal covered the story of Ronaldo, the Brazilian soccer star, who is interested in making a comeback.  The truth is remarkably similar to the case of Diega Primadonna, [...]

Apr

24

Dispute Resolution Surges Forward at Marquette

Posted by: Andrea K. Schneider | April 24, 2009 | Leave a Comment

As reported by the university yesterday, I am delighted to announce that the Dispute Resolution Program at Marquette continues to receive national acclaim.  With over ten years of dispute resolution programming and curricula at the Law School, we continue to grow by leaps and bounds.  In any given year, we have close to 150 students in our [...]

Apr

23

In America You Can’t Buy Justice. But You Can Rent It.

Posted by: Sean Samis | April 23, 2009 | 7 Comments

In our final Law Governing Lawyers class, we had an extended discussion of proposed ABA rules strongly encouraging—if not requiring—minimumpro bono work by members of the bar (or law school students). What prompted this was our reading on the unmet need for legal services.  Among the indigent, those seeking immigration or asylum, and the mentally ill, [...]

Apr

23

Wisconsin Court Affirms Arbitration Award of Reinstatement

Posted by: Andrea K. Schneider | April 23, 2009 | Leave a Comment

In a very interesting decision by the Wisconsin Court of Appeals last week, the Court upheld an arbitration award against the large household goods store Menard’s for employment discrimination against, wait for it, its own in-house lawyer.  As reported in the Milwaukee Journal Sentinel,
Menard Inc. must reinstate a woman it fired as vice president and [...]

Apr

22

Supreme Court Determines That Traditional Stay Continues to Be Available to Aliens Appealing from Removal Orders

Posted by: Jessica E. Slavin | April 22, 2009 | Leave a Comment

As I blogged about previously, in January the United States Supreme Court heard oral argument in the case of Nken v. Holder, which raised the question of whether the 1996 amendments to judicial review provisions that removed the automatic stay of deportation pending appeal had replaced the automatic stay with a traditional stay standard or [...]

Apr

21

Milwaukee Cardinals Baseball Team v. Major League Baseball (1953): The Antitrust Case That Might Have Changed the Face of the National Pastime

Posted by: J. Gordon Hylton | April 21, 2009 | 3 Comments

Few baseball fans today know how close the St. Louis Cardinals came to moving to Milwaukee in January of 1953.  Had such a move occurred, and had Major League Baseball attempted to block it, organized baseball’s vaunted antitrust exemption might have ended decades ago.
That a major league team might be relocated in time for the [...]

Apr

21

Write Your Name into the Law School’s History

Posted by: Joseph D. Kearney | April 21, 2009 | Leave a Comment

I previously expressed my hope that many will join us at the Law Alumni Awards ceremony, which will occur this Thursday, April 23, 5:30 p.m., at the Alumni Memorial Union. I write again so that I may add that there will be a unique opportunity, before the reception, for anyone interested to place his or [...]

Apr

21

Why Judges Aren’t Legislators

Posted by: Richard M. Esenberg | April 21, 2009 | Leave a Comment

I have not yet had a chance to blog on Judge Sarah Evans Barker’s intriguing Hallows lecture, but I have always been a bit uneasy about judges advocating abandonment of the traditional tools of the trade when they lead to a result that does not “make sense” or is “unworkable.” I don’t say that it [...]

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