Author Archive for Edward A. Fallone

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 | No Comments »

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 »

Evolution and the Constitution

Tuesday, September 27th, 2011
Category: Constitutional Interpretation, Political Processes & Rhetoric, Public | No Comments »

Recent news reports make much of the fact that, with one exception, none of the current Republican candidates for President has been willing to embrace the theory of evolution as the commonly accepted explanation ... Read more »

The Constitutional Right of Recall

Monday, August 22nd, 2011
Category: Constitutional Interpretation, Federalism, Political Processes & Rhetoric, Public, Wisconsin Law & Legal System | 5 Comments »

The largest newspaper in Wisconsin, the Milwaukee Journal-Sentinel, continues to take the editorial position that the public’s right to recall elected officials should only be exercised in cases of misfeasance ... Read more »

Separation of Powers and the Wisconsin Supreme Court

Friday, July 15th, 2011
Category: Constitutional Interpretation, Wisconsin Law & Legal System, Wisconsin Supreme Court | No Comments »

Yesterday, I participated in a panel discussion hosted by the Madison Chapter of the Federalist Society, entitled "Separation of Powers: Wisconsin Supreme Court's Decision Upholding the Collective Bargaining Law."  The ... Read more »

Ozanne v. Fitzgerald: Haste Makes Waste

Saturday, June 25th, 2011
Category: Constitutional Interpretation, Judges & Judicial Process, Labor & Employment Law, Wisconsin Law & Legal System, Wisconsin Supreme Court | No Comments »

On June 23, I participated in a discussion concerning the Wisconsin Supreme Court’s decision in Ozanne v. Fitzgerald, 2011 WI 43, on the Wisconsin Eye public affairs show “Legally Speaking.”  ... Read more »


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