This week’s blog post discusses both the positives and negatives of precedential value supporting unpublished opinions, the value of a dissenting opinion, and when courts decide not to issue an opinion at all. My belief is that while they may not have precedential value, unpublished and dissenting opinions serve a functional purpose in our court system […]

While reading Judge Posner’s Reflections on Judging, I found very interesting his critique on the concept of textualism as well as his thought-provoking critique of Scalia’s reasoning behind some of his holdings. I agree with Judge Posner that while text itself can neither be liberal or conservative, “textualism” is indeed a conservative construct, which works […]

Searching for a new place can be fun. It can also be frustrating.  But with the vast availability of resources on the Internet, it shouldn’t be too difficult for those who have a basic understanding of how to navigate the worldwide web.  For those who either don’t know how to use the Internet or don’t […]

This week’s blog post outlines the issue of judicial independence, as well as the never-ending ideological battle of judicial activism vs. judicial restraint. The political parties in our country know that the judiciary, while not completely independent, is the last restraint for the ideological issues they have promised their constituents will become law. In the […]

Disclaimer: This post may be considered attorney advertising. At McAvoy & Murphy, we take a compassionate approach to bankruptcy cases.  During your initial consultation, our attorneys will determine the best strategy for dealing with your creditors, with bankruptcy as a last resort.  At this consultation, we will discuss various alternatives to bankruptcy, such as Wisconsin […]

In the first post about my reflection regarding the article Judicial Overstating, written by Dan Simon and Nicholas Scurich, I touched base on the psychological reasoning judges potentially go through in crafting judicial opinions. Without being long-winded on the subject, I wanted to acknowledge the other part of the article that caught my attention: a […]

While reading the article Judicial Overstating, written by Dan Simon and Nicholas Scurich, I enjoyed the psychological analysis of judges regarding judicial overstatement. In general, judicial overstatement is when judges “convey remarkably high levels of certainty in their decisions. Opinions persistently portray the chosen decision as singularly correct and as determined inevitably by the legal […]

Real Estate is a complex and consuming area of practice for an attorney, especially for the attorneys here at McAvoy & Murphy Law Firm. From helping plan short sales and the drafting of WB-11’s, to the more-complex negotiation of RMA’s and litigating adverse possession claims, the breadth of this area of law is wide and […]

A real estate purchase is often the most significant and expensive purchase a person will make in his or her lifetime.  After locating a residential property in Wisconsin, buyers submit to sellers an Offer to Purchase, generally on Form WB-11. Real estate licensees are vital to helping the process run smoothly, and good agents are […]

Everyone who has resigned from a job knows of the struggles on how to tell your employer, “I QUIT.” More often than not, this results in the dreaded “two week” rule, where you give notice and then are forced to work for the next couple weeks under management who knows you’re leaving. Now, if you […]