Appreciating Our Professors: Opposites Attract

[faculty photo]Here is a weird alignment of the stars that – I swear – was completely unplanned. Responding to the call for a post on our most influential law professors, Professor Papke, who I think would proudly acknowledge his place on the left side of the playground, offered an obviously heartfelt homage to the conservative Robert Bork who he was lucky enough (I’m jealous) to have had for Constitutional Law.

I had Larry Tribe for Con Law, but, although I have great respect for him, he’s not the one that I want to remember here. No, even though I am hanging off the jungle gym on the right side of the lot (and we are quite happy to have concrete beneath us), I want to turn port way past Larry to the guy who, after reflection (and I came to this conclusion before David’s post), was the law professor who influenced me the most.

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Milwaukee Third Municipality to Pass Paid Sick Leave Ordinance

Medicalcare This past Tuesday, the voters of the City of Milwaukee overwhelmingly (68%) approved the sick pay ordinance. Under this ordinance, private employers in Milwaukee must provide paid sick leave to workers, who earn the benefit at the rate of one hour of sick pay for every thirty hours of work.

The Milwaukee Journal-Sentinel reports:

Employers would have to grant 72 hours of sick leave per calendar year or 40 hours if they have fewer than 10 employees.

Although the ordinance is due to take effect in about 100 days, the Metropolitan Milwaukee Association of Commerce has filed notice that it intends to legally challenge the law on the grounds that (1) it is inconsistent with federal and state laws for family and medical leave; and (2) oversteps the city’s authority to require sick pay from employers outside the city that have employees living in Milwaukee.

I am no expert on the second issue, but the first ground of challenge seems utterly without merit.  The federal FMLA and state leave law provide a floor under which no law may go, but states and municipalities have always been free to be more generous, and, in this case, provide some paid leave to workers.  The fact that the business group believes the ordinance will cause them economic harm is not grounds for setting the ordinance aside.

I am hopeful that the court deals quickly with this matter so that the ordinance can go into effect when scheduled and start providing much-needed relief for the workers of Milwaukee when they become sick.

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Wisconsin Supreme Court Accepts State v. Hoppe for Review, on Plea Colloquy Issues

Supreme Court sealBeginning with this post, I will report here when the Wisconsin Supreme Court accepts new cases for review. I invite your comments.

Last week the Wisconsin Supreme Court voted to accept State v. Hoppe for review.  The issue presented, according the court’s press release, is “the extent to which a judge may rely on the contents of a plea questionnaire and waiver of rights form” in lieu of questioning the defendant on the record.  

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