Jan
10
New Ventures and Old
Posted by: Richard M. Esenberg | January 10, 2012 | Leave a Comment
As some members of the Law School know, last winter I received a grant from the Bradley Foundation to form a nonprofit law center that has come to be known as the Wisconsin Institute for Law & Liberty. WILL engages in public education and litigation in the public interest with respect to issues of constitutional [...]
Jan
5
Friends of Scott Walker v. GAB Changes the Recall Rules Mid-Stream
Posted by: Edward A. Fallone | January 5, 2012 | 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 expected to be filed against Gov. Scott Walker.” The ruling comes in the case of Friends of Scott Walker v. GAB, filed in Waukesha County [...]
Nov
13
The Original Intent of the Recall Power
Posted by: Edward A. Fallone | November 13, 2011 | 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 officials when they have engaged in criminal or grossly unethical conduct. The latest example of this claim can be seen in the column by Jonathan [...]
Nov
1
Marquette Law School Poll
Posted by: Joseph D. Kearney | November 1, 2011 | Leave a Comment
Marquette University Law School will undertake a substantial statewide polling initiative during 2012. This will be the most comprehensive polling enterprise in Wisconsin’s history, following public opinion through a number of polls over the year. The goal of the Marquette Law School Poll is to provide a balanced and detailed understanding of how voters on [...]
Oct
8
Not a Pretty Picture: Potential Challenges to Wisconsin’s Voter ID Law
Posted by: Edward A. Fallone | October 8, 2011 | 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 complaint has been filed as of date, and it is undoubtedly foolish predict the likelihood of success of any lawsuit without first reading the complaint, [...]
Sep
19
Bipartisanship? Cooperation? Will These Ideas Fly?
Posted by: Alan J. Borsuk | September 19, 2011 | 2 Comments
Republican State Sen. Dale Schultz of Richland Center and Democratic State Sen. Timothy Cullen of Janesville did two things a few months ago that were quite remarkable in the light of the super-charged, partisan atmosphere in Madison (and elsewhere) this year. For one, they had lunch together. And for another, they decided to spend a [...]
Mar
11
The Morning After: Lessons From the Wisconsin Budget Battle
Posted by: Edward A. Fallone | March 11, 2011 | Leave a Comment
At last the end game has arrived for the budget bill, after more than three weeks of deadlock in Madison. Indeed, it was obvious to everyone that the impasse could not persist, and that the only two options available were either a compromise (unlikely) or the eventual adoption of Governor Walker’s bill intact. Wisconsin’s largest newspaper, [...]
Dec
6
Most Important Election Law Decision: It’s Not Citizens United
Posted by: Richard M. Esenberg | December 6, 2010 | 3 Comments
In late October, I had the privilege of speaking at Chapman University’s Nexus Symposium on Citizens United – article to follow. For the four of you that haven’t heard, Citizens United held that corporations may use general treasury funds to finance independent communications that expressly advocate the election or defeat of a candidate – even during [...]
Aug
6
How Far Should Disclosure Requirements Go?
Posted by: Richard M. Esenberg | August 6, 2010 | Leave a Comment
I’ll be appearing tongight on Wisconsin Public Television’s Here and Now, discussing the Government Accountability Board’s new rule requiring groups and persons who spend more that $ 25 on something called “political communications” during a set period preceding an election to register, make certain filings and disclose the source of their funds. Joining me will be [...]
Jul
14
Barrett on Redistricting: What Isn’t There
Posted by: Richard M. Esenberg | July 14, 2010 | Leave a Comment
Tom Barrett’s proposal for “nonpartisan” redistricting may reduce the degree of “incumbent protection” that takes place in the redrawing of legislative districts, but I think it is more interesting for what it does not do. There is a movement in the country to have redistricting by commission according to what are generally though to be neutral [...]
Jun
17
Curb Your Enthusiasm
Posted by: Richard M. Esenberg | June 17, 2010 | Leave a Comment
I’ve met Democratic Party Chair Mike Tate. Mike was nice enough to speak to my Election Law clase and was candid, informative and entertaining. I have to confess that I like the guy. I appreciate that the boys and girls that do this kind of work (on my side as well) aren’t playing beanbag. As a [...]
Jun
17
Are “Clean Election” Schemes Headed to the Supreme Court?
Posted by: Richard M. Esenberg | June 17, 2010 | Leave a Comment
In a recent piece in the Harvard Journal of Law & Public Policy, I predicted the “lonely death” of public campaign financing. The point was that public financing schemes that provided what are often called “rescue funds,” i.e., additional public money for candidates who face an opponent (or independent opposition) that has spent more than [...]


