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    • Repair or Replace? The Economic-Waste Doctrine in Construction Defect Cases
    • Damages in construction defect cases are generally measured by the cost to repair the defect. But in cases posing economic waste – in which a repair requires significant reconstruction or, despite a high cost, would not improve the property’s value – the measure is the decrease in property value caused by the defect. The inherent vagueness of the economic-waste doctrine often complicates determining which measure should be used in a given case.
    • Changing the Rules on Rulemaking
    • 2011 Wisconsin Act 21 significantly changes how administrative rules are promulgated. Among other things, it narrows state agencies’ rule-making authority, gives the governor new powers to approve or prevent the adoption of rules, expands the economic-impact-analysis requirement to all agencies, and expands venue in declaratory judgment actions to all counties.
    • 'Catch 22' Ethical Dilemma for Defense Counsel in TPR Litigation
    • 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."