The Dark Side | Wisconsin Law Journal - WI Legal News & Resources https://wislawjournal.com Wisconsin Legal News & Resources Tue, 24 Jul 2012 19:17:54 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 https://wislawjournal.com/files/2023/07/WLJ_favicon_32x32.png The Dark Side | Wisconsin Law Journal - WI Legal News & Resources https://wislawjournal.com 32 32 Wisconsin Law Journal - WI Legal News & Resourceshttp://wislawjournal.com/files/2016/01/wlj-transparent.pnghttps://wislawjournal.com THE DARK SIDE: Medicaid case fails test for jury https://wislawjournal.com/2012/07/24/the-dark-side-medicaid-case-fails-test-for-jury/ https://wislawjournal.com/2012/07/24/the-dark-side-medicaid-case-fails-test-for-jury/#comments Tue, 24 Jul 2012 19:07:38 +0000 https://wljprod.wpengine.com/?p=49678 Last month, the Wisconsin Supreme Court held that the state is entitled to a jury trial when suing a private actor for Medicaid fraud under the Deceptive Trade Practices Act (State v. Abbott Laboratories, 2012 WI 62).

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]]> https://wislawjournal.com/2012/07/24/the-dark-side-medicaid-case-fails-test-for-jury/feed/ 1 THE DARK SIDE: On dogs and baseball https://wislawjournal.com/2012/07/17/the-dark-side-on-dogs-and-baseball/ Tue, 17 Jul 2012 17:01:52 +0000 https://wljprod.wpengine.com/?p=49540 The skills that make a person a great attorney are not so limited as they are in baseball.

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]]> THE DARK SIDE: Everything about practicing law I learned from Ecclesiastes https://wislawjournal.com/2012/07/10/the-dark-side-everything-about-practicing-law-i-learned-from-ecclesiastes/ https://wislawjournal.com/2012/07/10/the-dark-side-everything-about-practicing-law-i-learned-from-ecclesiastes/#comments Tue, 10 Jul 2012 17:12:00 +0000 https://wljprod.wpengine.com/?p=49325 Practicing law well is a lot like living a well-lived life.

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]]> https://wislawjournal.com/2012/07/10/the-dark-side-everything-about-practicing-law-i-learned-from-ecclesiastes/feed/ 1 THE DARK SIDE: Lack of judicial temperament is like obscenity https://wislawjournal.com/2012/07/03/the-dark-side-lack-of-judicial-temperament-is-like-obscenity/ Tue, 03 Jul 2012 18:42:24 +0000 https://wljprod.wpengine.com/?p=49139 The other day, some of us were discussing “judicial temperament,” or more specifically, we were swapping war stories about the lack of it.

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]]> THE DARK SIDE: I love ‘not guilty’ verdicts https://wislawjournal.com/2012/06/26/the-dark-side-i-love-not-guilty-verdicts/ https://wislawjournal.com/2012/06/26/the-dark-side-i-love-not-guilty-verdicts/#comments Tue, 26 Jun 2012 18:09:52 +0000 https://wljprod.wpengine.com/?p=48823 I recently spent a little downtime scouring Article I of the U.S. Constitution. What I was looking for was the provision saying that Congress has authority to hold investigations into steroid use by baseball players.

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]]> https://wislawjournal.com/2012/06/26/the-dark-side-i-love-not-guilty-verdicts/feed/ 2 THE DARK SIDE: Where have all the burglars gone? https://wislawjournal.com/2012/06/20/the-dark-side-where-have-all-the-burglars-gone/ Wed, 20 Jun 2012 18:05:24 +0000 https://wljprod.wpengine.com/?p=48317 As a matter of policy, I generally avoid modern literature.

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]]> THE DARK SIDE: Citation to unpublished opinions is like crying Wolff https://wislawjournal.com/2012/06/07/the-dark-side-citation-to-unpublished-opinions-is-like-crying-wolff/ https://wislawjournal.com/2012/06/07/the-dark-side-citation-to-unpublished-opinions-is-like-crying-wolff/#comments Thu, 07 Jun 2012 18:39:10 +0000 https://wljprod.wpengine.com/?p=47887 I recently received a very nice letter from Chief Justice Abrahamson, thanking me for my service on the Supreme Court’s committee to study citation to unpublished opinions.

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]]> https://wislawjournal.com/2012/06/07/the-dark-side-citation-to-unpublished-opinions-is-like-crying-wolff/feed/ 3 THE DARK SIDE: On ‘filled milk’ and the Beatles https://wislawjournal.com/2012/05/31/the-dark-side-on-filled-milk-and-the-beatles/ https://wislawjournal.com/2012/05/31/the-dark-side-on-filled-milk-and-the-beatles/#comments Thu, 31 May 2012 19:18:28 +0000 https://wljprod.wpengine.com/?p=47685 A conversation occurs whenever an argument breaks out over U.S. v. Carolene Products, 304 U.S. 144 (1938), which deals with unconscionably upholding the criminalization of shipping filled milk across a state line.

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]]> https://wislawjournal.com/2012/05/31/the-dark-side-on-filled-milk-and-the-beatles/feed/ 11 THE DARK SIDE: Don’t let your clients sign land contracts https://wislawjournal.com/2012/05/23/the-dark-side-dont-let-your-clients-sign-land-contracts/ Wed, 23 May 2012 14:45:15 +0000 https://wljprod.wpengine.com/?p=47247 It is safe to say there is very little about which an old-school conservative like me and an advocate for majoritarian tyranny, such as Roscoe Pound, could agree.

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]]> THE DARK SIDE: Appeal to what is best in jurors https://wislawjournal.com/2012/04/25/the-dark-side-appeal-to-what-is-best-in-jurors/ https://wislawjournal.com/2012/04/25/the-dark-side-appeal-to-what-is-best-in-jurors/#comments Wed, 25 Apr 2012 17:30:03 +0000 https://wljprod.wpengine.com/?p=46114 Many years ago, a former Alabama congressman told me the following story:

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