Jul

23

More on Coulee Catholic Schools v. LIRC

Posted by: Daniel Suhr | July 23, 2009 | 3 Comments

As Professor Esenberg has just posted about, earlier this week, the Wisconsin Supreme Court handed down a very important decision, Coulee Catholic Schools v. LIRC (2009 WI 88). Although some describe the holding as “a dramatic change” in Wisconsin employment law, I think the case is more important for its constitutional discussion. On the actual question [...]

May

6

Wisconsin Set to Pass Enhanced Employment Discrimination Law

Posted by: Paul M. Secunda | May 6, 2009 | Leave a Comment

WISCTV.com is reporting that the State of Wisconsin is close to passing a bill that would permit compensatory and punitive damages for violations of the Wisconsin’s state employment discrimination law:
A bill designed to stiffen penalties for employer discrimination passed the state Assembly on Wednesday, [April 29th].
The bill requires companies that discriminate against their workers to [...]

Mar

25

Wisconsin Supreme Court Accepts Three New Cases, Including a Case That Will Determine Whether a Crime with No Sexual Component May Trigger Sex Offender Registration Requirements

Posted by: Jessica E. Slavin | March 25, 2009 | Leave a Comment

 
Today the Wisconsin Supreme Court accepted three new cases for review, two criminal cases and one civil case.
One of the criminal cases, State v. Smith, 2008AP1011, asks the court to determine whether the sex offender registration statute, Wisconsin Statute section 301.45, is unconstitutional in its application to a defendant whose crime, false imprisonment of a [...]

Mar

13

Wisconsin Supreme Court Accepts Six New Cases, Including Issue of Inherent Authority of Wisconsin Appellate Courts to Grant a New Trial in the Interests of Justice

Posted by: Jessica E. Slavin | March 13, 2009 | Leave a Comment

On March 2, the Wisconsin Supreme Court accepted six new cases for review, five criminal cases and one civil case.
The first case, State v. Henley, 2008AP697, presents an interesting issue regarding the authority of the courts of appeal, or the supreme court, to grant a new trial to a criminal defendant in the interests of [...]

Feb

8

My Favorite Wisconsin Cases

Posted by: John J. Kircher | February 8, 2009 | 1 Comment

Where does one start?!  I attempt to bring Wisconsin law into my classes for several reasons.  The “Diploma Privilege” permits our students to practice in this state without taking the Bar Exam.  Wisconsin courts have been pacesetters as to matters considered in the subject areas in which I teach.  I believe students should learn, as [...]

Jan

27

It’s a Rap. Really.

Posted by: Rebecca K. Blemberg | January 27, 2009 | 2 Comments

In Advanced Legal Writing class, students discuss different persuasive techniques that lawyers and judges use in their writing.  We debate the pros and cons of using literary references, illustrative narratives, pop culture references, historical examples, and unusual formats and organizations.
I never once, however, discussed (or even considered) the possibility that a litigant would submit a [...]

Jan

21

Wisconsin Supreme Court Accepts Two More Cases, Including Question of Probable Cause to Arrest for OWI

Posted by: Jessica E. Slavin | January 21, 2009 | 2 Comments

Yesterday the Wisconsin Supreme Court voted to accept two more cases this term, Zellner v. Herrick, no. 2007AP2584, and State v. Lange, 2008AP882-CR.
At issue in Zellner v. Herrick is whether the transcript of Robert Zellner’s closed arbitration proceeding is a “public record” under Wisconsin’s public records law, and if so, whether personal information must be redacted before [...]

Dec

26

Wisconsin Supreme Court Accepts Three More Cases

Posted by: Jessica E. Slavin | December 26, 2008 | Leave a Comment

The Wisconsin Supreme Court recently voted to accept review in three more cases, one criminal case and two civil ones.
The criminal case is State v. Popke, 2008AP446-CR. From the court’s website, “A decision by the Supreme Court could clarify if a momentary crossing of the center line creates probable cause to believe that [...]

Dec

19

Newly Accepted Civil Cases at Wisconsin Supreme Court, Including Biskupic Slander Case

Posted by: Jessica E. Slavin | December 19, 2008 | Leave a Comment

As just mentioned, the Wisconsin Supreme Court has decided to accept six new cases, three criminal cases and three civil ones. My prior blog post about those cases discussed the criminal cases; this post discusses the civil ones.
The most newsworthy civil matter seems to be Biskupic v. Cicero, 2007AP2314. Through this appeal Vince Biskupic seeks [...]

Nov

5

Should Non-Precedential Opinions Be “Precedential But Overrulable” Opinions?

Posted by: Jessica E. Slavin | November 5, 2008 | Leave a Comment

A post at Legal Theory Blog alerted me to Amy E. Sloan’s new article, If You Can’t Beat ‘Em, Join ‘Em:  A Pragmatic Approach to Nonprecedential Opinions in the Federal Appellate Courts, 86 Neb. L. Rev. 895 (2008), available on SSRN.  Amy Sloan is an Associate Professor of Law and Co-Director of the Legal Skills program [...]

Oct

1

Suicide and Inheritance: A New Ruling by the Wisconsin Court of Appeals

Posted by: Judith G. McMullen | October 1, 2008 | Leave a Comment

Last week, the Fourth District Court of Appeals in Wisconsin ruled on a case involving a testator (Edward Schunk) who committed suicide and the inheritance rights of the family who survived him. Apparently, Edward was on a one-day pass from a hospital when he was found dead in a cabin which he owned. The death resulted from [...]

Sep

9

Economic Loss: Learning From Insurance Law

Posted by: Michael M. O'Hear | September 9, 2008 | Leave a Comment

My colleague Ralph Anzivino has a helpful new article that explores the fine line between contract law and tort law: The Economic Loss Doctrine: Distinguishing Economic Loss from Non-Economic Loss, 91 Marq. L. Rev. 1081 (2008). As developed by Wisconsin and many other states, the economic loss doctrine indicates that purely economic losses are [...]