Appellate Decisions Released June 30, 2006

The Wisconsin Supreme Court released these opinions today:

State v. Bonds. (State may amend its basis for proving habitual criminality after conviction; CCAP report is not prima facie proof of a prior conviction).


State v. Walker (defendant must file a motion for reconsideration before filing an appeal when seeking modification of a sentence imposed at resentencing).


Weilin v. American Family Mut. Ins. Co. (underinsured motorist policy definition of "underinsured motor vehicle").


State v. Roberson (police officer's in-court identification of defendant that was based on seeing defendant immediately after an allegedly unlawful warrantless entry not subject to suppression).


The Wisconsin Court of Appeals did not release any opinions today.

The Truth About Blogging

Connie Crosby at Law Library Resource Xchange

The use of blogs as a quick, self-publishing platform for opinions, the quantifiable evidence of one’s own popularity with statistics services, the ability to quickly experiment with search engine listings, and an increased professional profile are all things that hook the blogger. Probably the best thing about blogging, however, is the community.

(via WisBlawg)

Neocon or Not?

Robert Alter in The New York Times reviews Reading Leo Strauss by Steven B. Smith.

How, then, has Strauss come to be viewed as a sinister presence in contemporary politics? Some of his students, or students of his students, went on to become conservative policy intellectuals in Washington.

Appellate Decisions Released June 29, 2006

The Wisconsin Supreme Court released these opinions today:

State v. Anderson. The Court concluded the Circuit Court committed prejudicial error by (a) allowing the jury to see a videotaped interview of the victim during deliberations in the jury room instead of in open court on the record; (b) communicating with the jury, during deliberations and otherwise, outside the presence of the defendant and without notice to the defendant; (c) failing to make a record of its communications with the jury; and (d) refusing to have the in-court testimony of the defendant and victim read to the jury during deliberation.

State v. Booker. In a prosecution for exposure of a child to harmful material, the Supreme Court ruled that testimony depicting the harmful material is sufficient to uphold the guilty verdict without presenting the harmful material to the jury.

State v. Mark (Fifth Amendment exclusion of defendant's statements from use in a commitment hearing).


The Wisconsin Court of Appeals released these opinions today, recommending publication of the following:

Bauer v. USAA Casualty Ins. Co. (underinsured motorist clause and the requirement that the decedent "reside primarily with" the policy holder).

State v. Combs (use of expert evidence in a petition from discharge from commitment as a sexually violent person).

"Public" includes companies with prior dealings

Don't worry that the economic loss doctrine may prevent you from pursuing tort remedies for a garden-variety contract breach.

Just recast the claim as a statutory misrepresentation claim under sec. 100.18. It is of no matter that sec. 100.18 is a consumer protection statute, and the contract dispute at issue is between two sophisticated commercial entities with a prior history of doing business together, and involves the sale of goods.

Breach of fiduciary duty is intentional tort

Breach of fiduciary duty cannot plausibly be considered a tort "to the person."

Nevertheless, blind devotion to stare decisis has led the Wisconsin Supreme Court to hold that it is subject to the statute of limitations in sec. 893.57, which by its plain terms, is applicable only to intentional torts to the person.

Scott McCallum - Visionary (Seriously)

Dennis York on the state budget

Conservatives will always complain that their elected officials don’t want to make the tough choices to keep taxes and spending down. They may be forgetting ex-Governor Scott McCallum. ...

In his [2002] budget adjustment bill, McCallum proposed phasing out the shared revenue program, which sends state taxpayer money back to local governments (7.3% of the current GPR budget). Recognizing that local elected officials would simply raise taxes to make up for the lost aid, he also proposed a freeze on property tax levies.

Appellate Decisions Released June 28, 2006

The Wisconsin Supreme Court released its opinion in State v. Brockdorf today, in which it considered the circumstances under which a police officer's statements given in an internal investigation must be suppressed. The Court concluded the statements should be suppressed only if (1) the totality of the circumstances indicate the officer had a reasonable, subjective belief she would be terminated if she did not cooperate in the internal investigation; or (2) there is a policy, statute or rule that provides for termination if the officer fails to answer questions.

The Wisconsin Court of Appeals released these opinions today, recommending publication of the following:

Briesemeister v. Lehner. A notice of defect, under the terms of this real estate purchase contract, precluded the noticing party from unilaterally withdrawing the notice when it has second thoughts. The notice gave the other party the right to terminate the contract.

Conference will focus on help for self-represented litigants

On Thursday, June 29, for the first time in the history of the state, representatives of the courts in 25 Wisconsin counties will come together to focus on improving services to people who represent themselves in court.

It's the 9th and 10th District Self-Represented Litigants Committees Joint Meeting Thursday, June 29th, at the Fill-Inn Station in Chippewa Falls.

Appellate Decisions Released June 27, 2006

The Wisconsin Supreme Court released these opinions today:

Spiegelberg v. Department of Transportation. In this case the Department of Transportation condemned part of several contiguous parcels of property owned by the same person. The question before the Court was how to determine the value of the parts of the parcels taken by the Department for purposes of providing "just compensation" to the owner. One option was to aggregate the acreage of all of the parcels and then determine the fractional value of the part taken. The other was to consider the highest and best use of each individual parcel, and then determine the value of the portion taken from each parcel. The Wisconsin Supreme Court concluded the eminent domain statute allows for the flexible approach reflected in the latter option, resulting in a higher net award to the property owner.

State v. Smith. The Court held that an administrative assistant for the Milwaukee County District Attorney's Office was not "objectively biased" for purposes of service on a jury in which the Milwaukee County District Attorney's Office was the prosecuting agency.

The Wisconsin Court of Appeals released these opinions today, recommending publication of the following:

Toumkham v. Stiller. A complaint filed without signature does not require dismissal if the defect is promptly cured.

State v. Bedolla. A criminal defendant may withdraw his plea if he was not advised his plea could result in his deportation.

County of Milwaukee v. Williams. Milwaukee County has the authority to regulate taxicab operations at General Mitchell International Airport.

County of Milwaukee v. Hegney (same).

State v. Langham (length of probation as part of sentencing).

Leitinger v. Van Buren Management, Inc. The amount paid for a plaintiff's medical bills is inadmissible for the purpose of proving the amount of billed medical expenses was unreasonable.

Larson v. Burmaster. A high school teacher may assign summer homework, and doing so does not infringe on a parent's right to direct the education and upbringing of his children.

Randall v. Sorrell, Thomas, J., concurring

Some folks say that Justice Thomas has no respect for stare decisis, at all. Considering the state of constitutional law since the New Deal, why is that a problem?

In this concurrence, he explains why the patently unconstitutional decision in Buckley v. Valeo must be overturned.

Power up your Powerpoints

At Ernie the Attorney

Powerpoint is a tool. In the hands of most it's a blunt instrument yielding bloody results. In the hands of the artisan it's an orchestral fireworks display.

There are a couple of paths to improving your presentations. ...

Appellate Decisions Released June 26, 2006

Neither the Wisconsin Supreme Court nor the Wisconsin Court of Appeals released any opinions today.

An A-to-Z Book of Conservatism Now Weighs In

Jason DeParle in The New York Times reviews American Conservatism: An Encyclopedia

Group seeks to pull left together

Craig Gilbert reports in today's Milwaukee Journal Sentinel on One Wisconsin Now.

The planning and strategizing in Wisconsin began in 2005 under the name of the Blueprint project. It brought together more than 100 organizers and activists from labor and liberal advocacy groups in the state, and it was partly funded by a liberal foundation based in Massachusetts, the Proteus Fund, which has put money into a similar effort in Maine.

Among other Proteus projects are the Civil Marriage Collaborative and the Colombe Foundation. The latter works for "a shift from wasteful military spending to investments in programs addressing poverty, environmental degradation and other root causes of violence."

The new organization is really three affiliated groups that are distinct for legal reasons: one a tax-exempt policy research institute; one an advocacy group; and one a "527" political group that would spend money on ads and other election work.

Its discussion board is, without apparent irony, called the Echo Chamber.

Appellate Decisions Released June 23, 2006

Neither the Wisconsin Supreme Court nor the Wisconsin Court of Appeals released any opinions today.

Jamail deposition

At You Tube

Joe Jamail takes a deposition defended by Edward Carstarphen. Hilarity ensues.

(via William at Southern Appeal)

Longstanding law on duty in Wisconsin undermined

A recent decision by the Wisconsin Supreme Court reads like an invitation to attoneys to devise creative ways to avoid the longstanding law in Wisconsin that everyone owes a duty of reasonable care towards everyone else.

Over $800,000 awarded in 1983 action by developer

A real estate developer won a verdit of more than $800,000 from the city of Sturgeon Bay, after the city was found to have denied their property rights by extracting unreasonable concessions to which the developer had not agreed, in exchange for the issuance of building permits.

Exclusionary rule inapplicable to knock and announce

The U.S. Supreme Court held that, although Section 1983 is available as a remedy for violations of the knock and announce rule, the exclusionary rule does not require suppression of evidence obtained during the ensuing search.

State Bar welcomes 115 new members; U.W. Law School class sworn in at Capitol

Our State Bar reports that, once again, 100% of newly-admitted lawyers joined.

Workplace Worries: Blogging, IMing, iPods, and Camera Phones, Oh My!

Eric Sinrod in "The Technology Trade" column of Modern Practice

There is no doubt that new technological means of communicating and entertaining are invading the workplace. The question thus arises as to any steps that should be taken by employers to grapple with and potentially control blogging, instant messaging, and the use of iPods and camera phones by employees.

(via WisBlawg)

Citizen Action Unveils Name Change, Updated Logo, and Revamped Website

In a press release CAW (WCA) announced

Today Citizen Action of Wisconsin, formerly known as Wisconsin Citizen Action, unveiled its name change along with an updated logo and an entirely revamped website.

NSA Surveillance: Pursuing the War on Terror at Home

A summary [2 pp. pdf] of a debate Thursday, June 15, 2006 at The Nixon Center, Washington, DC

The speakers were Bruce Fein, a former general counsel for the Federal Communications Commission and a Justice Department lawyer during the Reagan Administration, now a principal of the Litchfield Group, and David B. Rivkin, Jr., who has served in key legal posts the White House and the Department of Energy during the Reagan and Bush (41) Administrations and is currently a Partner at Baker Hostetler.

Supreme Court accepts seven new cases

C. Aslakson v. Gallagher Bassett Services, Inc. 2006 WI APP 35 [pdf] (bad faith claim against State Uninsured Employer’s Fund)

State v. G. Kasmarek 2004AP3285-CR (sentence unduly harsh though within generally permissible limits)

State v. S. Muckerheide [pdf] (admitting "other acts" of wheel grabbing by passenger to support that defense in prosecution for homicide by drunk driving)

State v. B. Jenkins 2006 WI APP 28 [pdf] (review by Court of Appeals of order permitting withdrawal of guilty plea)

H. Frisch v. R. Henrichs 2006 WI APP 64 [pdf] (sanctions for misstating income in divorce)

H. Lornson, et al v. N. Siddiqui, et al [pdf] (survival after death of survivor's action for death of spouse due to medical malpractice)

City of Milwaukee v. R. Washington 2006 WI APP 99 [pdf] (confinement in jail for person with tuberculosis who would not cooperate with quarantine)

The court denied review in 68 cases, with dissents in six denials.

Appellate Decisions Released June 22, 2006

The Wisconsin Supreme Court did not release any opinions or dispositional orders today, other than one addressing attorney discipline.

The Wisconsin Court of Appeals released these opinions today, recommending publication of the following:

K&S Tool & Die Corporation v. Perfection Machinery Sales, Inc. The Court ruled that a company was still a member of "the public" for purposes of Wis. Stat. sec. 100.18 notwithstanding a prior contractual relationship four years earlier. The Court also stated that for applicability of this statute it is immaterial that the buyer initiated contact with the seller instead of vice-versa. The controlling criterion is whether the seller made a misrepresentation in the parties' interaction.

State v. Schutte (sufficiency of evidence; invasion of fact-finding province of jury; evidentiary relevance; new trial in the interest of justice; and improper closing argument as a deprivation of due process and fair trial).

Calpine Names Gregory L. Doody Executive Vice President, General Counsel and Secretary

Mr. Doody also is a member of the Executive Committee of The Federalist Society's Corporations and Securities and Antitrust Practice Group.

Appellate Decisions Released June 21, 2006

The Wisconsin Supreme Court did not release any opinions or dispositional orders today.

The Wisconsin Court of Appeals released these opinions today, recommending the following for publication:

Estate of Steven M. Anderson v. Pellett. The Court held that an insurance policy providing underinsured motorist coverage, but which excluded injuries sustained while occupying a vehicle with fewer than four wheels, provided coverage when the insured was hit and killed by another vehicle while 50 feet away from his motorcycle.

Dispute Resolution News Summer 2006

Our State Bar's Alternative Dispute Resolution Section's latest newsletter, including

Supreme Court Clarifies Arbitration Ground Rules in Case With ADR Section's Participation

Technobabble

Christine Rosen in The New Republic reviews Utopia by Glenn Reynolds

If it weren't for September 11, Reynolds's commentary on the Slate bulletin board might have been the height of his fame. But, in the dark moments following the attacks, the public craved commentary--and InstaPundit supplied it in torrents. His conservative politics and implacable compulsion to post earned him a massive following.

John B. Judis responds with Virtual Reality, a defense of the blogosphere at TNR Online.

Is the EU Destined to Fail?

Charles Kupchan at The Globalist

Four main forces are undermining the EU’s foundations. First, Europe’s paternalistic welfare states are struggling to survive the dual forces of European integration and globalization. ...

Second, a combination of the union’s enlargement and the influx of Muslim immigrants has diluted traditional European identities and created new social cleavages. ...

Third, European politics is growing increasingly populist — not good news for an EU commonly viewed as an elite affair. ...

Finally, Europe is lacking the strong leadership needed to breathe new life into the enterprise of union. ...

Gadget Update: The Zelco Audio Lumifier

At Evan Schaeffer's Legal Underground...

Are you one of those transactional lawyers who's always squinting to read the fine print in the contract you just drew up? Then perhaps you need this--

Appellate Decisions Released June 20, 2006

The Wisconsin Supreme Court released its opinion in Zastrow v. Journal Communications, Inc. today. The Court ruled that the breach of a fiduciary duty of loyalty is an intentional tort, and therefore the 2-year statute of limitations found in Wis. Stat. sec. 893.57 applies.

The Wisconsin Court of Appeals released these opinions today, recommending publication of the following:

Milwaukee Regional Medical Center v. City of Wauwatosa (addressing Milwaukee Regional Medical Center's claimed exemption from taxation for its daycare facility).

Executive Order June 15, 2006

No. 158 Relating to the Creation of the Office on Community and Faith-Based Partnerships

Unleashed: Wisconsin's Dog Statute

Peter F. Mullaney in the Wisconsin Lawyer

Wis. Stat. section 174.02 covers much more than its popular dog bite moniker implies but much less than its sweeping terms and strict liability label suggest. Attempts to obtain and limit statutory double damage awards are likely to dominate the dog debate because that is where uncertainty and money intersect.

Greenpeace, Amnesty and Oxfam Agree Code of Conduct

Hugh Williamson reported in the Financial Times

"It is increasingly the case that NGOs get hostile media reporting, asking 'Who are these NGOs accountable to?'," said Jeremy Hobbs, executive director of Oxfam International. "We can no longer avoid facing up to this." ...

... Conservative pressure groups, such as NGO-Watch in Washington DC, have also mounted critical campaigns against NGOs.

Appellate Decisions Released June 19, 2006

Neither the Wisconsin Supreme Court nor the Wisconsin Court of Appeals released any opinions or dispositional orders today.

The "New" Chapter 452: Defining Real Estate Broker Practice

Robert C. Leibsle in the Wisconsin Lawyer

2005 Wisconsin Act 87, revising Wis. Stat. chapter 452, recognizes modern practice methods in real estate services and attempts to regulate them while facilitating the broker's effort to deliver efficient services to meet consumer demands. The Act addresses the broker's role and responsibility to the parties in a transaction, establishes new definitions for several agent/client relationships, and provides consumers with several choices in the level of service they wish to receive.

Al Gore on "Restoring the Rule of Law"?????

What will they think of next?

Samuel Beckett on restoring the well-made play?
Hugh Hefner on restoring chastity?
Justice Holmes on restoring liberty of contract?
Pol Pot on restoring urban vitality?
Barry Bonds on restoring fair play?

I know. I know. For me to pick on Sen. Gore is about as fair as Barry Bonds playing T-Ball with 6-year-olds. But I couldn't help myself.

Go, L Team! Recall the Days of Glory and Stop Waffling

William Grimes in The New York Times reviews The Good Fight by Peter Beinart.

Unfortunately, as Mr. Beinart sees it, the grim slog in Iraq is encouraging a dangerously isolationist, even defeatist, mood in the Democratic Party. He cites a poll, taken after the 2004 elections, showing that Republicans, and Americans overall, believed that dismantling Al Quaeda was one of the top two foreign-policy objectives for the United States. Among Democrats, it tied for 10th. He finds this disheartening.

Political Tidbits June 16, 2006

The latest report from The Hamilton Consulting Group.

Legislative Council Names Committees/Chairs

Republicans Ring Budget Warning Bells

Overview of Attorney General Candidates

Legislators Not Seeking Re-election/Seeking New Offices

Straw Poll Voters Favor Lautenschlager/Feingold

New U.S. Attorney in Western District

Patrick says he won't run for White House

Michael M. Grynbaum reports in the Boston Globe on an address by Massachusetts Democratic gubernatorial candidate Deval L. Patrick in Washington, DC.

"This is supposed to be -- and will be -- an apolitical gathering," Patrick said at the outset of remarks to members of the American Constitution Society. But his speech repeatedly returned to Massachusetts politics and this fall's gubernatorial race ...

In the interview, he called the American Constitution Society an "important organization. It's a counterweight to a deliberate and purposeful long-term effort by the Federalist Society [a conservative lawyers' group] to impose a very different -- and I think a very limited -- vision of the law."

The American Constitution Society, which counts liberal lawyers, legal scholars, and politicians as members, is a registered non partisan nonprofit. Patrick has donated over $5,000 to the five-year-old organization and once sat on its board of advisers, according to Lisa Brown, executive director.

Liberal Blog Convention

Daily Kos, the most widely read political blog, recently held its annual convention.

The Onion reports on some highlights.

University of Wisconsin Law School Legal Studies Research Paper Series

(via WisBlawg)

Administrative Register effective June 15, 2006

The Revisor of Statutes Bureau has issued the first half of No. 606 [34 pp. pdf] which includes

The 2003 − 04 Wisconsin Statutes and Annotations are now available

Emergency rules now in effect.
Scope statements.
Submittal of rules to legislative council clearinghouse.
Rule-making notices.
Submittal of proposed rules to the legislature.
Rule orders filed with the revisor of statutes bureau.

Appellate Decisions Released June 16, 2006

Neither the Wisconsin Supreme Court nor the Wisconsin Court of Appeals released any opinions or dispositional orders today.

Surveying the Boundaries: State and Tribal Court Jurisdiction

Beth Ermatinger Hanan & William H. Levit Jr. in the Wisconsin Lawyer

When disputes concerning overlapping state court and tribal court jurisdiction occur within the Ninth and Tenth Judicial districts, the parties and courts can use an agreed-on procedure to determine which court has jurisdiction to proceed. When there is a risk of a deadlock between the courts, the federal tribal exhaustion doctrine, coupled with comity's critical role in resolving interjurisdictional disputes, makes deference to proceeding in tribal court more likely.

Saint Thurgood?

David Niven reports in The Other Paper on the Episcopal Church's General Convention in Columbus, Ohio.

About 10,000 church members, including more than 1,000 bishops, clergy and laypeople with voting rights, will gather at the Greater Columbus Convention Center beginning Tuesday [June 13] to debate issues as weighty as the role of gays in the church and as mundane as the operating budget. In between, they will vote on whether [U.S. Supreme Court Associate Justice Thurgood] Marshall, who died in 1993, should be a saint.

(via Video meliora, proboque; Deteriora sequor)

Appellate Decisions Released June 15, 2006

The Wisconsin Supreme Court did not release any opinions or dispositional orders today.

The Wisconsin Court of Appeals released these opinions today, but did not recommend any for publication.

Bradley Foundation Elects Princeton Professor Robert P. George to Board of Directors

according to an announcement [pdf] last week.

(via Kicking Over My Traces)

When headline writers get bored

Pools a drain on budget, Black says
Milwaukee Journal Sentinel June 14, 2006

2005 Significant Court Decisions

Daniel W. Hildebrand reviews the past year's decisions of the Wisconsin Supreme Court and Court of Appeals.

Appellate Decisions Released June 14, 2006

The Wisconsin Supreme Court released its opinion in Metropolitan Ventures, LLC v. GEA Associates today. The case addressed a claim that a financing contingency in the acquisition of a partnership (including its real estate) was illusory and indefinite. The Court concluded that the parties' conduct subsequent to signing the purchase agreement made the financing contingency definite enough to make the contract enforceable.

The Wisconsin Court of Appeals released these opinions today, recommending publication of the following:

Reardon v. Braeger (meaning of "course of conduct" in the harassment injunction statute, Wis. Stat. sec. 813.125).


State v. Gudgeon (collateral attack on probation extension hearing decision).

Keeping You Informed

Our State Bar's executive director George C. Brown reports in the Wisconsin Lawyer on the the 2005-06 legislative session.

In total, the State Bar took positions of support or opposition on 128 of the 1,955 bills introduced this last session. The vast majority of these positions were taken by our various sections.

Here's the list.

Appellate Decisions Released June 13, 2006

The Wisconsin Supreme Court released the following opinions today:

Borst v. Allstate Ins. Co. The Court held that (1) arbitrators enjoy a rebuttable presumption of impartiality, (2) evident partiality cannot be vitiated by full disclosure, and (3) arbitrators lack inherent authority to determine the scope of discovery.


Robin K. v. Lamanda K. When a parent objects to a guardianship petition, the court may appoint a nonparent as guardian when there are extraordinary circumstances affecting the health or safety of the minor child.


Hoida, Inc. v. M&I Midstate Bank. The Court held that to state a breach of contract claim as a third-party beneficiary, the plaintiff must allege facts sufficient to show the contract was created primarily and directly for plaintiff's benefit. It also held that when attempting to plead a claim of lender liability based on the lender's failure to take certain precautionary measures, the plaintiff must alleged why those measures are required by the duty of ordinary care.


The Wisconsin Court of Appeals released these opinions today, recommending the following for publication:

McDonald v. McDonald. A mortgage under seal is conclusive proof of consideration for both the mortgage and the underlying note it secures.


State v. Odom (sentencing).


Schreiner v. Up North Plastics, Inc. (evidence demonstrating causative link between conduct and injury is essential to avoid summary judgment).


Peterson v. Cornerstone Property Development, LLC. The Court held that a contract's "integration clause" can bar section 100.18 claims as long as it explicitly states that the contract's language supersedes all prior representations.

Below-guideline sentences for crack offenses disallowed

In dicta, the Seventh Circuit held that sentencing courts may not impose below-guideline sentences for crack cocaine offenses as a means of reducing the "disparity" between sentences for crack and powder cocaine.

Statute of repose trumps safe place statute

The builder's statute of repose, sec. 839.89 bars a suit against the owner for injuries caused by a structural defect, if the defect is part of the original construction, and was created more than ten years earlier.

Jones, respected judge here for 28 years, dies

Mike Miller reports in The Capital Times on the death of retired Dane County Circuit Judge P. Charles Jones [U. Wis. 1963].

Jones began his career in 1971 by beating longtime Judge Carl Flom in a campaign in which Jones emphasized the need for reform of the probate system and mental health commitments, both of which came under Flom's purview.

Jones was then the head of the old Dane County Legal Services, with a young staff that provided legal representation to the poor and indigent in the county, operating mostly on a shoestring. Among those who worked there was Moria Krueger, who would become a judge in 1977 and is currently the longest tenured of the Dane County Circuit Court judges.

Sincerely ...

Our State Bar's outgoing president D. Michael Guerin bids farewell in his column in the Wisconsin Lawyer.

I personally find it both ironic and troubling that the Wisconsin Legislature is unwilling to spend any effort to see how the state can designate funds to assist in providing legal services, while at the same time the Legislature seems consumed with amending the Wisconsin Constitution to discriminate against people strictly on the basis of their sexual orientation and to establish the death penalty.

The Truman Show

Joe Klein in The New York Times reviews The Good Fight by Peter Beinart.

The New Left's anti-anti-Communism was a classic double negative: it played, for most of the public, as simple anti-Americanism -- and the "progressive" reluctance to acknowledge the possibility of the judicious use of American power, even when the world supports it (as the United Nations did during the first gulf war), has crippled the Democratic Party's credibility on matters of national security in perpetuity. Meanwhile, the party's white, working-class base -- especially the Roman Catholics -- fled when it became apparent that liberalism now meant racial preferences instead of racial equality. Some of the idealistic, intellectual supporters of cold war liberalism began to call themselves neoconservatives and took their crusading anti-totalitarian faith to the Republican Party as well.

Some learn, some barely show up

Alan J. Borsuk in the second of a four part Milwaukee Journal Sentinel series on the Milwaukee Public Schools poses a word problem. At Madison University High School,

there were 611 students in ninth grade in the fall of 2002 and 219 in 12th grade three years later.

Calculate the graduation and drop-out rates.

I get a 36% graduation rate and a 64% dropout rate.

P.S. Also in this morning's paper, John Schmid reports in a story headlined Worker skills don't match jobs on a study by the University of Wisconsin-Milwaukee on job training by the local technical college and other agencies.

As employers learn nimble strategies for global competition, the report states, the city is missing "a shift away from a social-service model focused on job seekers to a demand-driven model focused on employers and industry needs."

Appellate Decisions Released June 12, 2006

Neither the Wisconsin Supreme Court nor the Wisconsin Court of Appeals released any opinions or dispositional orders today.

Titans Require Steve McNair To Pass Notary-Public Exam Before Returning To Team

from The Onion

Lowering the Bar

Edward Whelan in The Weekly Standard on the ABA evaluation of judicial nominee Brett Kavanaugh.

Privileged

Josh Chafetz in TNR Online on "the FBI's recent raid of Democrat William Jefferson's congressional offices".

In fact, the Speech or Debate Clause of the Constitution should be interpreted to prohibit searches like these. To allow such searches undermines the independence that the clause is meant to secure for Congress. Yet the Constitution cuts both ways--it gives Congress rights against the other branches, but it also gives it the responsibility to police itself, a responsibility Congress has neglected in recent decades. Much of Congress's failure to police itself adequately can be attributed to the Supreme Court losing sight of this delicate balance in the twentieth century.