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Wisconsin Lawyer
The Official Publication of the State Bar of Wisconsin
October
2024
Volume
97
Number
9
Features
The Return of Dicta Under Wisconsin Law?
In a 2010 opinion, the Wisconsin Supreme Court unanimously concluded that lower courts may not dismiss prior published authority as dicta. The court’s reasoning was that by dismissing a statement as dictum, a court necessarily withdraws or modifies the opinion in which it appeared. The authors suggest that this approach is unworkable and that the supreme court can mirror the pragmatic federal approach and return to a middle ground.
By David Perry Hollander & Hon. Michael R. Fitzpatrick
Two Wrongs Don’t Make a Right to Coverage: 'Single Claim' Provisions in Liability Policies
Insurance policy single claim provisions, which combine into one claim multiple claims that are based on interrelated wrongful acts, sometimes benefit insureds but usually operate to their detriment. This article illustrates the operation of a typical single claim provision and suggests strategies for insureds and insurance companies to avoid or preserve their applicability.
By Charles H. Barr
As I See It
The Potential for Electoral Reform in Wisconsin: A Legal Analysis
The authors provide an overview and critique of our current voting systems, summarize various available reforms, and make the case for one particular election system, Final Five Elections.
By Michael B. Wittenwyler & Kevin P. Moran
Opinions, Voices & Ideas
President's Message
Solo but Not Alone: Building Connections in Our Common Legal Ecosystem
Whether we are solo or small firm practitioners, Ryan Billings says, none of us should feel cut off from the legal community and our connections to other lawyers because we are all in this together.
Your State Bar
Addressing the Rural Practice Shortage
Larry Martin thanks attorney Kathryn Bullon for a multi-year donation to launch the Rural Practice Development Program to connect employers to law students who are looking for job opportunities in rural Wisconsin.
Ethical Dilemma
Ethical Considerations When Using Generative Artificial Intelligence
Generative artificial intelligence (GAI) can save time and drudgery, when used correctly in your practice. Sarah Peterson explains the ethical considerations.
The Lawyer's Journey
Asking Leopards to Change Their Spots: Can Lawyers Change? Should They?
Amber Ault says better strategies for lawyer wellness require mental health workers to understand lawyers' psychology and design services that address their goals, desires, experiences, and personalities.
Women History Makers
The Rise of Wisconsin Women in the Law … But Only After Securing the Right to Vote
The Hon. Hannah Dugan highlights the historical emergence of women in law-related positions in Wisconsin made possible only after the 19th Amendment was ratified in 1920.
Rotunda Report
Promoting Democracy and Understanding Elections Starts with Education
The State Bar's advocacy team provides educational, nonpartisan resources to help lawyers, legislators, and the public better understand the democratic process and issues important to lawyers and their clients.
Learning to Learn
Harnessing the Power of Subject Matter Expertise
Theresa Elliott explains how you can be a catalyst for legal excellence and influence by becoming a subject matter expert and sharing your knowledge to benefit the entire legal community.
Final Thought
Coming Together: Dodge County Bar Schuetzenfest
The Hon. Joseph Sciascia says the schuetzenfest (and golf outing) is a great way to meet lawyers and judges outside the courtroom for some light-hearted competition.
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