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]
Posts Tagged ‘Wisconsin’
George Will on the Wisconsin John Doe probe
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.
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.
Judge strikes down Wisconsin John Doe probe
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.
Free speech roundup
- 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]
Labor and employment roundup
- Resistance mounts to NLRB’s revived “ambush unionism” plans [Epstein Becker Green, Fred Wszolek, three members of Congress/Washington Times, earlier]
- Fifth Circuit: employer’s blanket “don’t talk about company personnel or financial matters” policy violates NLRA [Texas Employment Law Update, Jon Hyman]
- Minimum wage: “Silver Bullet or Poisoned Chalice?” [U.K.-based Institute of Economic Affairs] Nonmonetary impact of minimum wage hikes found “not only in reduced fringe benefits but in increased work demands and decreased job training”” [Richard McKenzie/NCPA via Tyler Cowen]
- Connecticut lawmakers press for pro-labor-union curriculum in public schools [AP/Albany Times-Union]
- Labor/employment, tougher regulatory enforcement top business concerns in new Norton Rose litigation trends survey;
- Incumbent practitioners, not consumers, nearly always the ones pushing for tougher occupational licensure [David Stokes’s Missouri testimony, Show-Me Institute, PDF]
- Court again upholds Wisconsin Gov. Scott Walker’s public sector labor legislation against challenge [Journal-Sentinel, earlier here, etc.]
April 15 roundup
- “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]
Politics roundup
- Criminalizing Wisconsin politics: judge declines to throw out counter-suit against home-raiding, computer-seizing “John Doe” probe [Journal Sentinel, ruling, Wisconsin Watchdog, Steve Forbes, earlier]
- Defense of career agency employees’ leaking to Congress and the press to resist political appointee leadership [Amanda Leiter, SSRN]
- Hurricane and mass tort lawyer Steve Mostyn emerges as big political benefactor [David Yates, Chamber-backed SE Texas Record] More: Hello, Mr. President!
- Gotham press chooses up sides on Attorney General Eric Schneiderman [Jack Shafer]
- Florida Supreme Court among nation’s most politicized, so there’s a certain amount of karma at work here [FCIR]
- Wow: Braley campaign says he knew “he was being videotaped at the private fundraiser” [DMR via Jason Pye, United Liberty, earlier] Nothing discouraged, he’ll keynote New York trial lawyers’ event [Legal NewsLine]
- Pennsylvania legislator named in abortive sting appears down to his last few friends [PennLive]
When AGs decline to defend state laws
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.
January 17 roundup
- Among convict’s assortment of doomed pro se arguments: blaming Nike for not warning that its shoes might be injurious when used in stomping a victim [Oregon, Lowering the Bar]
- Reinstated University of Colorado “deviance” prof: colleges sacrifice academic freedom to risk/liability fears [Chronicle of Higher Education]
- Wisconsin court ruling “deals major setback to John Doe probe into recall elections” [Daniel Bice and Dave Umhoefer, Milwaukee Journal-Sentinel, earlier] About that Wisconsin Blue Fist: “what it was noisy about was a desire to be the clunking fist of state power” [Ann Althouse]
- Obama Administration’s “pursuit of group justice actually leads to injustice to individual students” [Mona Charen, syndicated, on the new racial guidelines on school discipline, and thanks for quote]
- Andrew Trask’s picks of 2013’s most significant class action cases and articles;
- Slate legal columns, like horoscopes, should be labeled “for entertainment only” [Ramesh Ponnuru]
- Remembering the days when Americans filed legal challenges against parking meters [Brian Doherty]
Ethics roundup
- 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]