Favorite Wisconsin Cases to Teach: State v. Oakley

It’s unusual for a law review in one state to devote an issue to a decision from the supreme court of another state, but that’s exactly what happened when the Western New England Law Review published a 2004 symposium issue concerning State v. Oakley, 629 N.W.2d 200 (Wis. 2001).  I personally welcome the opportunity to teach and, in the process, critique the decision.

The case involved David Oakley, who fathered nine children with four women and was impossibly behind on his child support payments.  Manitowoc County Circuit Court Judge Fred Hazlewood placed Oakley on probation following his conviction for refusing to support his children.  However, the probation was conditioned on Oakley having no more children until he could support the ones he already had.  A four-judge majority of the Wisconsin Supreme Court confirmed Hazlewood’s order. 

Commentators predictably discussed the decision’s ramifications for the right to procreate and the larger right to privacy. 

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Community Justice in Wisconsin

I am looking forward to the Law School’s 2009 Public Service Conference, which will address “The Future of Community Justice in Wisconsin.”  Organized by our Assistant Dean for Public Service, Dan Idzikowski, the Conference will take place on Friday, February 20.  Dan has supplied the following post to explain the significance of “community justice” and why it is such an important topic today, particularly for anyone interested in the fairness and effectiveness of the criminal justice system:

Community justice councils, or criminal justice coordinating councils, have been established in several communities across Wisconsin. These councils bring together key local decision-makers to address the coordination, cost, and effectiveness of the criminal justice system in their area. Milwaukee County, which has the State’s largest concentration of offenders and criminal justice resources, recently established its own Community Justice Council. Remarkably, this council has brought together leadership across the political spectrum to address crime and corrections in the Milwaukee area. The Marquette Law School Public Service conference is designed to support this collaboration and bring together criminal justice experts to lend their counsel to these efforts. For example, Jeremy Travis, the keynote speaker, is the President of the preeminent John Jay School of Criminal Justice at the City University of New York, the former director of the National Institute of Justice at the U.S. Justice Department, and the author of several books and studies on community corrections and reentry issues.

Why is community justice a critical public issue at this time? The past two decades have seen an explosion in Wisconsin’s prison and jail populations. Since 1990 over a dozen new state-operated correctional facilities were brought on line, and existing institutions were expanded. The cost of providing corrections services in Wisconsin grew from $178.4 million in 1990, to $583.4 million in 2000, to $1.2 billion in the current biennium.

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My Favorite Wisconsin Cases

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 early as their first year with us, that is not improper for one to find fault with judicial and legislative reasoning, at times even in a humorous fashion, as long as due respect is shown.

The first of my favorites is considered in my Torts class.  It is Quesenberry v. Milwaukee County, 106 Wis.2d 685, 317 N.W.2d 468 (1982).  It arises in the discussion of the duties of owners and occupiers of land to those who come upon the property.  It is referenced to show how, at times, state legislatures see fit to modify common law rules.  The case dealt with a provision of the Wisconsin Statutes in effect at the time of an accident (then § 29.68) that barred recovery for injuries received while engaging in “recreational” activities on lands of another. 

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