Author Archive for Edward A. Fallone

The Use and Misuse of History

Sunday, April 8th, 2012
Category: Constitutional Interpretation, Election Law, Legal History, Political Processes & Rhetoric, Public, Wisconsin Law & Legal System | 15 Comments »

In his novel 1984, George Orwell imagined a future world where a government at war could switch allegiances with the country's enemies and allies and a docile public would accept the revised ... Read more »

Signing a Recall Petition Does Not Require Judicial Recusal

Sunday, March 25th, 2012
Category: Constitutional Law, Election Law, First Amendment, Judges & Judicial Process, Legal Ethics, Political Processes & Rhetoric, Public, Wisconsin Court System, Wisconsin Law & Legal System | 14 Comments »

We live in interesting times.  A segment of the general public is quick to forgive the killing of two young men in Slinger, Wisconsin and Sanford, Florida as the unavoidable ... Read more »

Does the Legislature Lack the Power to Revise the Redistricting Law?

Thursday, February 23rd, 2012
Category: Civil Rights, Constitutional Interpretation, Election Law, Federal Civil Litigation, Public, Wisconsin Supreme Court | 3 Comments »

Republican lawmakers have asserted that they have no power to re-draw the election maps at issue in the ongoing Baldus v. Brennan litigation in federal court, despite a suggestion from ... Read more »

The Court of Appeals Speaks in the Recall Case

Friday, February 3rd, 2012
Category: Civil Procedure, Election Law, Judges & Judicial Process, Public, Wisconsin Law & Legal System | 10 Comments »

Today, the District IV Court of Appeals issued an opinion that reverses a ruling by the Waukesha County Circuit Court denying a motion to intervene in the case of Friends ... Read more »

Prosecutorial Discretion in the John Doe Investigation

Saturday, January 28th, 2012
Category: Criminal Law & Process, Election Law, Public, Wisconsin Criminal Law & Process | 2 Comments »

Over at the Shark and Shepherd Blog, Rick Esenberg has put up a post questioning whether the recently filed criminal complaint in the ongoing John Doe investigation of the County ... Read more »

The Roots of Progressivism Lie in . . . the Republican Party?

Tuesday, January 24th, 2012
Category: Legacies of Lincoln, Political Processes & Rhetoric, President & Executive Branch, Public | 10 Comments »

Tonight, when President Barack Obama delivers his third State of the Union address, he is widely expected to channel the progressive rhetoric of Theodore Roosevelt. It was Roosevelt’s “New Nationalism” ... Read more »

Friends of Scott Walker v. GAB Changes the Recall Rules Mid-Stream

Thursday, January 5th, 2012
Category: Election Law, Judges & Judicial Process, Political Processes & Rhetoric, Public, Wisconsin Law & Legal System | 9 Comments »

Today, Judge J. Mac Davis ruled that the Government Accountability Board must take “affirmative steps to identify and strike duplicate, fictitious or unrecognizable signatures as it reviews the recall petitions ... Read more »

Why the Permit Policies in the U.S. Capitol Are Irrelevant

Thursday, December 8th, 2011
Category: Civil Rights, Constitutional Interpretation, First Amendment, Public, Western District of Wisconsin, Wisconsin Law & Legal System | 1 Comment »

Confusion continues over the new Department of Administration rules announced December 1 which require advance permits for many demonstrations held within the Wisconsin State Capitol. Among the more controversial aspects ... Read more »

What Price Protest?

Saturday, December 3rd, 2011
Category: Civil Rights, Constitutional Interpretation, First Amendment, Poverty & Law, Public, U.S. Supreme Court | 4 Comments »

On December 1, the Wisconsin Department of Administration released new rules governing access to state facilities, including the State Capitol, for protests, rallies, demonstrations and any other “gathering of four ... Read more »

The Original Intent of the Recall Power

Sunday, November 13th, 2011
Category: Constitutional Interpretation, Election Law, Legal History, Political Processes & Rhetoric, Public, Wisconsin Law & Legal System | 1 Comment »

Some opponents of the effort to recall Governor Scott Walker have claimed that the recall provisions of the Wisconsin State Constitution are intended solely to permit the recall of elected ... Read more »

The Bride of Dracula: A Halloween Story

Friday, October 28th, 2011
Category: Political Processes & Rhetoric, Public | No Comments »

It is Halloween, and time for my annual attempt at political satire.  Previous attempts at spooky political humor can be found here and here.  Public response to these efforts has ... Read more »

Not a Pretty Picture: Potential Challenges to Wisconsin’s Voter ID Law

Saturday, October 8th, 2011
Category: Civil Rights, Constitutional Interpretation, Election Law, Public, U.S. Supreme Court | 10 Comments »

In August 2011, The League of Women Voters of Wisconsin publicly announced its intention to file a lawsuit challenging the constitutionality of the new Wisconsin Voter ID law. While no ... Read more »