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Wisconsin

October 23 roundup

by Walter Olson on October 23, 2014

  • I’m quoted by Nicky Woolf of Great Britain’s Guardian on the police militarization angle in Keene, N.H. civil disturbances (also: Van Smith, Baltimore City Paper). Also quoted regarding the ominous move to heavy armaments of Wisconsin prosecutors investigating their political opponents in the dawn-raids “John Doe” proceeding [Watchdog, and second post, earlier] Humor in The New Yorker from Bruce McCall ["Pentagon Cop Aid Hits Snags"] And here’s a previously unlinked Cato panel last month on cop militarization with David Kopel, Mark Lomax, and Cheye Calvo, moderated by Tim Lynch;
  • Australia prime minister declares “repeal day” with “bonfire” of regulations [Jeff Bennett and Susan Dudley, Cato Regulation mag; earlier on Minnesota legislative "unsession" to dump outmoded or pointless laws]
  • “After dawdling for a year, panel tosses bogus complaint against Judge [Edith] Jones” [@andrewmgrossman on Houston Chronicle via Howard Bashman, Richard Kopf, Tamara Tabo, earlier here, here, and here]
  • Making waves: Michelle Boardman review of Margaret Radin book on boilerplate, adhesion contracts, fine print [Harvard Law Review, SSRN]
  • Why litigation lobby could cost Democrats Senate majority this year [Tim Carney]
  • Online-services companies, better not do business in Maryland since the state has a very special law that one law professor believes sharply restricts your customer research [Masnick/TechDirt]
  • Picking Thomas Perez as Attorney General would (or should!) ignite firestorm of opposition. Is that why President’s waiting till after Nov. 4? [Washington Examiner]

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October 3 roundup

by Walter Olson on October 3, 2014

  • Posner smacks lawyers, vindicates objectors in Radio Shack coupon settlement [CCAF, Fisher, more]
  • “Germany To Consider Ban On Late-Night Work Emails” [Alexander Kaufman, Huffington Post]
  • 7th Circuit overturns Wisconsin John Doe ruling, sends back to state judges [Milwaukee Journal-Sentinel] John Doe case prosecutor John Chisholm, via columnist Dan Bice, strikes back against source in office who talked to Stuart Taylor, Jr. [Taylor, Althouse]
  • Trial lawyer/massive Democratic donor Steve Mostyn also dabbles in Texas Republican primaries [Robert T. Garrett, Dallas Morning News; Mostyn's national spending from Florida and Arizona to New Hampshire and Minnesota]
  • Sad: immigration lawyer known for Iraqi Christian advocacy faces asylum fraud charges [Chicago Tribune]
  • Might have been entertaining had Bruce Braley opponent Joni Ernst in Iowa argued in favor of nullification, but that’s not what evidence shows [Ramesh Ponnuru]
  • California hobbles insurers with diverse-procurement regulations [Ian Adams, Insurance Journal]

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September 16 roundup

by Walter Olson on September 16, 2014

  • “When I asked them why they decided to sell their [toy import] business, they said that they got out because of Proposition 65 and the CPSIA.” [Nancy Nord]
  • State tax regimes are getting more aggressive about grabbing money earned in other states [Steve Malanga, City Journal]
  • “Still can’t get over the fact that all [development] permits are discretionary in San Francisco” [@TonyBiasotti linking Mark Hogan, Boom]
  • How would American politics change if political parties could expel members, as in many countries they can? [Bryan Caplan]
  • Defenders of Wisconsin John Doe prosecutor push back against Stuart Taylor investigation [Daniel Bice, Milwaukee Journal-Sentinel via Althouse, more, related on "blue fist" posters and John Doe investigator, earlier]
  • “In Britain, Child’s Weight Leads to Parents’ Arrest” [New York Times in June, King's Lynn 11-year-old; also, Cadbury agrees to "stop making chocolate bars in Britain with more than 250 calories"] More: Pencil-twirling in class leads to CPS referral in New Jersey [Katherine Mangu-War, Reason]
  • Should there be judicial remedies — what kind, and for which plaintiffs — when federal spending is politicized? [Daniel Epstein, Federalist Society "Engage"]

For those of you following the politicized Wisconsin John Doe prosecution — which basically is premised on the idea that even issue advocacy is criminal if coordinated among the wrong people — this report from veteran legal analyst Stuart Taylor, Jr. is pretty amazing. [Legal NewsLine, my two cents from May, more]

More: Ann Althouse parses the response of John Chisholm’s lawyer.

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Public employment roundup

by Walter Olson on September 9, 2014

  • Some wages rise accordingly: “Scott Walker’s Act 10 leads to a ‘teacher marketplace’ in Wisconsin.” [Ann Althouse]
  • Police/fire psychiatric claims: “Retired NYC cop takes plea in $27M disability-fraud case; ex-prosecutor is a claimed ringleader” [Martha Neil, ABA Journal]
  • “Every Day Turns Out To Be Labor Day For Hapless Taxpayers” [Ira Stoll]
  • In Harris case, high court revolted at notion of government inserting itself into family relations to siphon off money for union’s benefit [Budget and Tax News, PDF, p. 9, and thanks for quote]
  • “Overprotecting public-employee pensions, from the Reason Foundation” [Sasha Volokh] “California Embraces Pension-Spiking Bonanza” [Steven Greenhut]
  • “Sure We Hassled Boy Scouts at the Border, But You Can’t Prove We Pulled a Gun, Says DHS” [J.D. Tuccille]
  • “The results show very little difference at age 60 in the life expectancy of police and fire as compared with other public employees.” [Alicia Munnell via Steven Greenhut] “Los Angeles Police Average Total Compensation $157,151 Per Year” [Ed Ring, Flash Report] More: Soaring public safety costs rack California towns [OC Register]

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All-Ferguson edition, including my CNBC exchange last Friday, above:

  • Typically good John Stossel column [Washington Examiner, syndicated, and thanks for mention] Disturbing innovations coming our way in the world of crowd/protest control include “puke cannons,” “pain rays” [Gene Healy, Washington Examiner, ditto]
  • Cause of death: failure to comply with police orders [David M. Perry, opinion] “Here is the bottom line: if you don’t want to get shot, tased, pepper-sprayed, struck with a baton or thrown to the ground, just do what I tell you” [Sunil Dutta (L.A.P.D. officer), Washington Post; Ken at Popehat]
  • “Expect Many, Many Lawsuits From Ferguson” [Chris Geidner, BuzzFeed]
  • Not the safe conventional move: I’m quoted on Sen. Rand Paul’s willingness to grapple with Ferguson [Politico]
  • Local commercial economies take a long time to recover from damage done by looting [Kate Rogers/Fox Business, thanks for quote]]
  • Political economy: unusual state of representation in Ferguson makes the town an outlier [Seth Masket, Pacific Standard] Police-driven budget? “Ferguson receives nearly one-quarter of its revenue from court fees” [Jeff Smith, NY Times]
  • According to Victor Davis Hanson, we critics of police militarization have “empowered [radical groups] to commit violence” [NRO]
  • “What I Did After a Cop Killed My Son” [Michael Bell, Politico, Kenosha, Wisc.; civilian review]
  • “Why Are There No News Helicopters Over Ferguson?” [Peter Suderman]

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“The Wisconsin Supreme Court has upheld the 2011 law that effectively ended collective bargaining for most public workers, sparked massive protests and led to Republican Gov. Scott Walker’s recall election and rise to national prominence.” “Collective bargaining remains a creation of legislative grace and not constitutional obligation,” wrote Justice Michael Gableman for a 5-2 majority. [AP, more] Last year, despite appeals from labor unions and their allies, Wisconsin voters for a second time declined to unseat an incumbent member of the court accused of insufficient sympathy for union goals.

Free speech roundup

by Walter Olson on June 6, 2014

  • “Tenured Wisconsin Prof Sues Former Student Over Online Comments on Her Teaching” [Caron/TaxProf]
  • Recent Paul Alan Levy profile: “The web bully’s worst enemy” [Washingtonian] HHS signals it won’t pursue case against blogger [Levy, earlier] Arizona Yelp case angle [Scott Greenfield]
  • Get your ideas out of town: threats against hotel “have escalated to include death threats, physical violence against our staff and other guests” [Deadline Detroit; "men's rights movement" conference]
  • UK police investigate Baptist church after “burn in Hell” sign reported as “hate incident” [Secular Right]
  • Please don’t give him ideas: “Should it be against the law to criticize Harry Reid?” [Trevor Burrus, Boston Herald]
  • “MAP: The places where blasphemy could get you punished” [Washington Post]
  • Only three states – Wisconsin, Michigan, and Kansas — have laws inviting vengeful secret John Doe probes [Ilya Shapiro, earlier]

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And a Kenosha, Wis. dad says that’s what it took to get some relief from the school on his complaints that his daughter was being attacked and bullied by one of her kindergarten classmates. A school spokeswoman “said there are two sides to every story, but she couldn’t talk about specifics.” Depending on whether, e.g., health privacy laws happen to apply in the situation, it might be true as a legal proposition that she couldn’t talk about specifics. [Fox 11 Online]

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The syndicated columnist praises Judge Rudolph Randa’s

remarkably emphatic ruling against an especially egregious example of Democrats using government power to suppress conservatives’ political speech.

Wisconsin’s sordid episode began, appropriately, with a sound of tyranny — fists pounding on the doors of private citizens in pre-dawn raids. While sheriff’s deputies used floodlights to illuminate the citizens’ homes, armed raiders seized documents, computers, cellphones and other devices.

Earlier here, here, etc.

And two Republican Wisconsin lawmakers are calling for a thorough review into the activities of the state Government Accountability Board, which “oversees Wisconsin campaign and election laws,” and whose contracted investigator, Dean Nickel, is reported to have played a role in setting in motion the process which resulted in the investigation of dozens of conservative organizations. [M.D. Kittle, Wisconsin Reporter/Watchdog.org] More: Milwaukee Federalist Society chapter roundup of coverage.

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A federal judge has quashed the stunningly abusive “John Doe” proceedings that had resulted in midnight raids on the homes of leading conservative activists across the state. I’ve got more in a new Cato post; fuller coverage at the Milwaukee Journal Sentinel, Watchdog.org (and series), and the decision itself is here. Earlier coverage here, here, and here. I conclude:

The citizens of Wisconsin must now demand a full accounting of how these raids could have happened. They should also insist on changes in state law, in particular the “John Doe” law, aimed at ensuring that nothing like them ever happens again.

Update: Seventh Circuit panel stays ruling pending appeal.

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Free speech roundup

by Walter Olson on May 7, 2014

  • How the Progressive movement changed thinking on free speech [David Bernstein]
  • More “bullying” legislation: “A crime for teenagers to excoriate their unfaithful or abusive lovers on Facebook?” [Eugene Volokh on pending Colorado bill] “Crime to spread rumors about under-25-year-olds, to send ‘hurtful, rude and mean messages’ about them, or to make fun of them online?” [same; pending ordinance in Carson, Calif.]
  • “First Amendment protects Internet search results: N.Y. judge” [Alison Frankel, Reuters]
  • Wisconsin + other states too: “Last week, the enlightened citizens of Shorewood, Whitefish Bay and several other communities voted to repeal the freedom of the press and of the free speech rights of organizations ranging from the NAACP to the National Rifle Association.” [Rick Esenberg, Shark and Shepherd]
  • NYC comptroller Scott Stringer, posing in investor hat, demands that Texas firm Clayton Williams Energy Inc. explain its political giving [AP]
  • Look before you leap: some proposals billed as criminalizing revenge porn appear to criminalize far more than that [Scott Greenfield]
  • Consumer secretly videotapes allegedly unneeded repairs at Missouri Chevrolet dealership, litigation ensues [Popehat]

April 15 roundup

by Walter Olson on April 15, 2014

  • “Nullification” a non-starter, but states do have ways to resist federal encroachment [Amy Pomeroy, Libertas Utah, with podcast] Passport to Baraboo? State GOP resolutions committee backs “Wisconsin’s right, under extreme circumstances, to secede.” [Milwaukee Journal-Sentinel]
  • Flawed forensics: “DUI expert pleads no contest to perjury charges, gets house arrest and probation” [PennLive]
  • “Insurance: The Musical” turned out to be an April Fool’s, a pity since I was looking forward to the actuary production number [Insurance Journal, but see (David Skurnick, "Cut My Rate," set in California Insurance Department) and more ("The Sting")]
  • Executive power grab? New F.H. Buckley book on “The Rise of Crown Government in America” [Tyler Cowen, with Canada comparison]
  • My appearance on Anne Santos’s radio show discussing lawsuit culture [KNTH]
  • If General Motors objects to direct consumer sales freedom for Tesla, perhaps the answer is to set GM free too [Dan Crane, Truth on the Market; James Surowiecki/New Yorker, Adam Hartung via Stephen Bainbridge]
  • James Maxeiner on the Federal Rules of Civil Procedure after 75 years [Common Good]

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Politics roundup

by Walter Olson on April 11, 2014

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Caleb Brown interviews me for this new Cato podcast on a knotty question: when should a state attorney general decline to argue in court in defense of a law he thinks unconstitutional? On the one hand, the legal profession’s norms strongly favor giving every client and cause its day in court, and practical dysfunction might result were cases routinely handed over to others to defend or dropped entirely. On the other hand, attorneys general like other officials take an oath of office to the constitution, which calls in doubt whether they should (or even may) use their skills on behalf of unconstitutional measures. Complicating matters: how should unconstitutionality be assessed, by way of the AG’s own judgment, by way of predicting how the highest relevant court would rule, or by some other method? What kind of difference should it make whether the assessment appears certain, very probable, or more ambiguous than that?

In recent weeks about a half-dozen Democratic AGs around the country have declined to defend their states’ bans on same-sex marriage, on the grounds that they are inconsistent with the Supreme Court’s Windsor decision of last year, while other AGs both Republican and Democratic have argued in defense of those laws. (Today, Kentucky’s attorney general announced that he will not appeal a federal court ruling requiring the state to recognize out-of-state marriages, although the state’s governor is stepping in to do so.) Finding either liberals or conservatives who have preserved entirely consistent positions on the issue, though, is not always easy. Former attorney general Ken Cuccinelli, a strong conservative, declined to defend a state education reform law last year, while in 2011 Wisconsin Gov. Scott Walker and Attorney General J.B. Van Hollen declined to defend a state domestic partnership registry they deemed unconstitutional. In a case like the latter it was liberals who tended to criticize the refusal to defend a law, and conservatives who applauded — patterns that to some extent have been reversed this time around.

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January 17 roundup

by Walter Olson on January 17, 2014

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Ethics roundup

by Walter Olson on December 10, 2013

  • Wilkes-Barre, Pa.: “one of the most egregious cases of attorney theft of clients’ escrow funds that I have seen” [ABA Journal]
  • Chamber cheers Wisconsin for enacting strongest sunshine law for state hiring of outside contingency-fee lawyers [U.S. Chamber/Business Wire]
  • Justice Sandra Day O’Connor’s contributions on professional responsibility and the role of the legal profession [Steven Hobbs, SSRN]
  • “Mississippi Supreme Court sanctions judge for refusing to step aside in asbestos suit” [ Walter L. Cofer, Greg Fowler and Simon Castley, Lexology]
  • Alameda County ex-judge gets 5 years of probation in theft from elderly neighbor [ABA Journal, earlier here, etc.]
  • Study: Wisconsin high court justices tend to side with attorney donors [Fed Soc Blog]
  • Suit by Garlock claims misconduct by opposing asbestos lawyers including concealment of exposure and implantation of memories [Chamber-backed Legal NewsLine, related] A Lone Star State asbestos litigation revival? [Eric Lasker and Richard Faulk, WLF]