Women in Wisconsin Law: Lavinia Goodell

This is the first part of a three-part series on Women in Wisconsin Law. 

Throughout Wisconsin’s history, women have played an instrumental role in the development of the state’s legal system. Among these women was Lavinia Goodell of Janesville, the first woman admitted to practice law in Wisconsin.

Before her move to Wisconsin, Goodell worked as an editor for several newspapers in New York. During this time, Goodell confided in a coworker that her life’s ambition was to become a lawyer. When Goodell’s parents retired to Janesville, Wisconsin, in 1871, she was convinced into joining them with her father’s promise that she would be able to study law. Upon arriving in Wisconsin, Goodell’s father helped his daughter find attorneys who would permit her to study law alongside them through an apprenticeship. After demonstrating her ability to successfully practice law as an apprentice, Goodell sought admission before the local circuit court and, with the support of several prominent local lawyers, was admitted to practice in the Circuit Court of Rock County, Wisconsin, in 1874.

After being admitted to practice law at this local level, Goodell opened her own law office that primarily represented woman and the elderly. Despite being able to practice at this local level without much difficulty, one of Goodell’s cases in 1875 was appealed to the Wisconsin Supreme Court. When the supreme court did not allow her to argue the case, Goodell filed an application for state admission.  

Continue ReadingWomen in Wisconsin Law: Lavinia Goodell

How to Interpret Away the Home Rule Provision (in 4 Easy Steps)

homeruleToday the Wisconsin Supreme Court issued its opinion in the case of Black v. City of Milwaukee, 2016 WI 47, holding that a state law (Wis. Stat. 66.0502) that prohibits cities and other municipalities from imposing residency requirements on municipal employees does not contravene the Home Rule provision of the Wisconsin Constitution (Art. XI, sec. 3(1)).  The result of the ruling is that the City of Milwaukee may no longer require city employees to reside within the City limits, with the resultant loss of significant tax revenue for Milwaukee.

Reading the text of the Home Rule provision, one might reasonably question how the Wisconsin Supreme Court arrived at this conclusion.  The relevant text of Art. XI states:

Cities and villages organized pursuant to state law may determine their local affairs and government, subject only to this constitution and to such enactments of the legislature of statewide concern as with uniformity shall affect every city or every village.

However, the Justices of the Wisconsin Supreme Court have very helpfully demonstrated how the clear language of the Wisconsin Constitution can be interpreted away in four easy steps.

Continue ReadingHow to Interpret Away the Home Rule Provision (in 4 Easy Steps)

Differences Between Supreme Court Candidates Clear in Eckstein Hall Debate

Antonin Scalia and Ruth Bader Ginsburg were among the US Supreme Court justices who were invoked Tuesday night as role models by the candidates in the race for a seat on the Wisconsin Supreme Court that will be on the ballot April 5.

But did either of them ever have to go through the kind of election campaigning that Justice Rebecca Bradley and Appeals Court Judge JoAnne Kloppenburg are immersed in now?

A one-hour debate between Kloppenburg and Bradley  at Eckstein Hall was moderated by Mike Gousha, Marquette Law School’s distinguished fellow in law and public policy and a political analyst for WISN television. The debate was shown live on WISN and other stations around the state, with some stations scheduling it for broadcast later.

Continue ReadingDifferences Between Supreme Court Candidates Clear in Eckstein Hall Debate