More Contention on the Wisconsin Supreme Court

Last Thursday, the Wisconsin Supreme Court finally issued opinions on recusal rules that it adopted earlier in the term and which essentially say that a duty to recuse cannot be be based solely on the receipt of a lawful campaign contribution or a lawful independent expenditure made on a judge’s behalf. The Court also amended a preexisting rule to permit a judicial candidate’s campaign committee from soliciting funds from persons involved in proceedings in which the candidate, if elected or reelected, is likely to participate. 

The majority opinion and dissent continue to reflect the sharp and bitted divisons on the Court. I wish that would get better.

I have an article on judicial recusal coming out in the Wake Forest Law Review, so it’s a subject that I have been thinking about. I have the following quick observations on the Court’s decision. 

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What Causes People to Be Successful in Their Careers? Part II: Effective Listening

Let us review Part I. We asked the question: What causes people to be successful in their careers? I provided my own answer to that question. I believe that those who understand and develop their “soft side skills,” not just “technical skills,” will be the most successful. Clear evidence exists that career success stems as much from people skills as from technical skills. In fact, we noted that researchers at Harvard, the Carnegie Foundation, and Stanford Research Center have all concluded that 85 percent of job success comes from people skills—only 15 percent comes from technical skills and knowledge.[1] Perhaps this percentage is overstated, but there is no question that there are no professional jobs where communication excellence does not contribute to life success. Many people who pursue a professional career think of their “work” as their technical expertise, but as one takes on more and more responsibility, it becomes clear that managing or dealing with people is of equal significance.

Communication as a Premier People Skill

We also noted that effective communication represents one of the most significant elements in what are called the people skills. One-on-one conversation, coaching and mentoring, team leadership, group discussion, public speaking, persuasive writing, visual communication, and nonverbal body language are just some of the many elements that constitute effective human communication. Recently, the Internet has introduced entirely new forms of communication, such as tweeting and blogging. 

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Kagan Hearing Recap

The hearings on the nomination of Elena Kagan to be Associate Justice of the United States Supreme Court ended with a whimper rather than a bang.  In an op ed piece in last weekend’s Milwaukee Journal Sentinel, I reviewed the arguments put forth by her critics and found them wanting.  You can read my piece here.

My colleague Rick Esenberg had a different view of the nomination.  You can read Rick’s piece here.

It seems that the Kagan hearing failed to generate much interest.  Given the scant written record of the nominee, there was simply not much to get excited about.  She has a long and distinguished professional career, but her various positions as law clerk, executive branch policy advisor and Solicitor General all involve the application of her personal talents in the furtherance of someone else’s agenda.  As a law school dean, she conciliated between factions rather than advocating one particular viewpoint.  One looks in vain for written expressions of her personal views on controversial legal issues.

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