Following Rock-Koshkonong Lake District v. Wisconsin DNR, the bedrock principles of the public trust doctrine in Wisconsin – the civil right of the public to use and enjoy navigable waters, and the broad rule of standing to protect that right – remain firmly intact.
Soon after passing concealed-carry legislation, the Wisconsin Legislature enacted two other laws to clarify state residents’ right to use weapons in self-defense and land possessors’ responsibility to trespassers. Although the castle doctrine law and the castle doctrine law and the trespasser liability act became effective Dec. 21, 2011, questions remain as to their provisions.
May 17, 2013 – Renowned civil rights attorney Morris Dees reminds lawyers they hold the key to the gates of justice, and everyone deserves a seat at the table. Dees spoke yesterday to attendees at the State Bar of Wisconsin PINNACLE® Litigation, Dispute Resolution, and Appellate Practice Institute, which concludes today.
April 3, 2013 – “Fifty years ago, a prisoner in a Florida jail received news that his case had changed the world for criminal defendants,” says Bill Bay, chair of the ABA’s Litigation Section. In this video, distinguished panelists discuss the importance of this landmark decision and whether today’s justice system is delivering on its promise.
Jan. 2, 2013 – In 2009, Wisconsin passed a domestic partnership law granting certain rights to same-sex couples who live together. A lawsuit challenged the law as unconstitutional. Recently, a state appeals court upheld the law in a case likely headed for the Wisconsin Supreme Court.
Nov. 21, 2012 – Wisconsin may soon propose a law allowing police to take DNA samples from suspects at arrest. The U.S. Supreme Court may soon decide whether such laws are constitutional. This article explores the issue of DNA at Arrest laws, with insight from a criminal lawyer.
Oct. 17, 2012 – In this article, attorneys John Loringer and Daniel Griffin summarize two cases challenging the constitutionality of voter identification requirements in 2011 Wisconsin Act 23 and highlight the underlying procedural issues of temporary injunctive relief and standing.
Oct. 3, 2012 – Forty years ago, Congress passed Title IX of the Education Amendments of 1972. Title IX's impact has been felt most prominently in the sports world. In this article, MU law professor Paul Anderson explains the unresolved legal issues related to Title IX.
Sept. 5, 2012 – New Equal Employment Opportunity Commission regulations may complicate an employer's ability to protect against age discrimination claims. In this article, Geoffrey S. Trotier explains how lawyers can and should advise their employer clients to address the new rules.
Aug. 15, 2012 – The report that Wade Michael Page, the deadly shooter in Oak Creek, had previously recorded white supremacist music lyrics raises the legal question of whether law enforcement officers can take preventive action against such persons before they act, based solely on words and other expressions showing intent to harm others.
June 6, 2012 – On April 25, the EEOC issued new enforcement guidance regarding use of criminal background checks and arrest/conviction disclosures in employment decisions. This guidance provides in-depth analysis of the disparate impact of arrest and conviction records on racial and ethnic minorities. Milwaukee attorney Geoff Trotier offers recommendations to employers on how to comply with this new information.
Jan. 18, 2012 – The Wisconsin Spring Primary Election is only a month away, and residents who cannot produce proper identification at election polls on Feb. 21 won't vote. Changes include stricter rules on forms of acceptable ID, tightening residence requirements, shortening early and absentee voting timeframes, and new rules for special registration deputy appointments.
Losing one's parental rights is a serious matter, which is why representation by counsel and appearance and participation by parents is required in termination of parental rights litigation. But defense counsel face an ethical dilemma when a court denies a motion to withdraw because a parent’s conduct makes it impossible for counsel to provide adequate representation. To continue representation violates professional conduct rules. To not continue representation violates statutory law. It's a "Catch 22."