Category Admin/Government

Health Care Power of Attorney in Waukesha, WI

In order to help our client’s gain valuable insight into the conversations one must have with their health care agent, we routinely offer the following publication as a handout. The handout we use is from The Center for Public Representation, Madison, Wisconsin and is titled “25 SUGGESTED TOPICS TO DISCUSS WITH YOUR HEALTH CARE AGENT” […]

Can I lose my interest in my property? Do I have a future interest in any real estate? (Part 2 in a series on real estate ownership and transfer)

In part 1 of this series on real estate ownership and transfer, we had left off with a discussion of the types of freehold interests one has with regards to his or her ownership interest in property. The last type of fee simple we had discussed was the Fee simple determinable: a conveyance that creates […]

Chapter 13 Bankruptcy- Voluntary Repayment Plan for Individuals with Regular Income

[DISCLAIMER: This may be considered attorney advertising] When many people think about Bankruptcy, they are thinking about liquidation, also known as chapter 7 bankruptcy, and all the worries about exemptions that come with it. Many common questions we get from potential clients include the following: I make more than Wisconsin’s median income level, so I […]

4 Tips for Finding an Attorney in Wisconsin

Finding an attorney in Wisconsin is easy. Finding the best attorney for your specific legal issue, however, can be quite difficult unless you know what to look for. If you follow these tips, you should have a better chance of finding your ideal attorney. Tip #1: Identify Your Legal Issue. Identify your legal issue. This […]

Posner’s Reflections on Judging: A Discussion of Legal Style

While immersing myself  in Judge Posner’s Reflections on Judging, again I found myself interested in his discussion on the differences between the concepts of legal realism and legal formalism. In this reading, Judge Posner explains how many judges use both the competing schools of formalism and realism, and usually judges use a mixture of the […]

Getting Borked: The Evolution of Judicial Politics at the Federal Level

With this being the last in a series of blog posts regarding the judiciary, I believe it is fitting that we address Federal Court nominations and the increased politicization of the process. I have harped in numerous prior blog posts about my severe disdain for the “first past the post” two party system that currently […]

Do you support the Missouri Plan?

This week’s post highlights the three general ways of selecting justices and judges at the state level, and highlighted various issues with each method. The readings on this topic tend to outline one central theme that caught my attention: as judicial selection becomes more akin to the process of selecting legislators, as in a partisan election, […]

The Dangers of an Inexperienced Judge

For many of my blog posts, I have embraced the concept that legal realism is more appropriate of a method for judges to use in the courtroom. To me, the formalist view seems a bit unattainable: the concept that a judge may craft a decision without any deference to his or her own personal and […]

Realism or Formalism?

While reading Judge Posner’s Reflections on Judging, I found very interesting his discussion on the differences between the concepts of legal realism and legal formalism. Judge Posner describes legal formalism using the slogan “the law made me do it,” describing the judiciary as interpreters, using a complex style of legal analysis to resolve cases without […]

Should Judges Write Unpublished Opinions?

This week’s blog post discusses both the positives and negatives of precedential value supporting unpublished opinions, the value of a dissenting opinion, and when courts decide not to issue an opinion at all. My belief is that while they may not have precedential value, unpublished and dissenting opinions serve a functional purpose in our court system […]