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"Life 'With' or 'Without'?: An Empirical Study of Homicide Sentencing"

The title of this post is the title of this notable new empirical paper authored by Michael O'Hear and Darren Wheelock now available via SSRN. Here is its abstract: The number of Americans serving sentences of life without the possibility of parole (“LWOP”) has grown rapidly over the past generation and now exceeds 50,000.  Yet, little empirical research has been conducted on the determinants of LWOP sentences.  The dearth of research on LWOP sentencing stands in sharp contrast to the many doze...
Tags: Law, Wisconsin, Douglas A Berman, LWOP, Michael O Hear, Darren Wheelock


Punitive damages and rejected pleas

This week we highlight petitions that ask the Supreme Court to consider, among other things, whether an award of punitive damages that doubles the compensatory damages can comport with due process and how a defendant can prove ineffective assistance of counsel in rejecting a plea offer. After a jury trial in the U.S. District Court for the Western District of Wisconsin, Epic Systems won an award of $140 million in compensatory damages in a trade-secrets dispute with Tata Consulting Services. Th...
Tags: New York, Texas, Featured, Supreme Court, Law, United States, Epic, New Jersey, Wisconsin, Taylor, Russell, U S Court of Appeals, 5th Circuit, Lumpkin, Anaya, Tata Consultancy Services Ltd


National Guard member's arrest marks fourth service member charged in Capitol riot

In this Jan. 6, 2021 file photo rioters supporting President Donald Trump storm the Capitol in Washington. AP Photo A member of the Wisconsin National Guard was arrested Monday over his role in the Capitol attack. Abram Markofski is the fourth service member to face federal charges over the January 6 insurrection. A federal judge released Markofski Monday pending a virtual May 10 hearing. See more stories on Insider's business page. Authorities arrested a member of the Wisconsin Natio...
Tags: Politics, Washington Post, Washington, Defense, Trends, Military, Washington Dc, Wisconsin, Associated Press, Donald Trump, Madison, Justice Department, Nelson, Trump, Capitol, National Guard


"One reason demographic change has failed to transform electoral politics is that the increased diversity of the electorate has come not mainly from Black voters but from Hispanic, Asian-American and multiracial voters."

"Those groups back Democrats, but not always by overwhelmingly large margins.... The new census data’s finding that the percentage of non-Hispanic white voters in the country’s electorate dropped by about two percentage points from 2016 to 2020 might seem like a lot. But with Hispanic, Asian-American and multiracial voters representing the entirety of the increase, while the Black share of the electorate was flat, the growing nonwhite share of the electorate cost Mr. Trump only about half a perc...
Tags: Law, Pennsylvania, Wisconsin, Fox News, Biden, Trump, Tucker Carlson, Democratic Party, Electoral College, Nate Cohn, Ann Althouse, Racial Politics, Michigan Pennsylvania


AOL Propelled Lawyers Onto the Internet

Verizon announced this morning that it is selling its media business – AOL and Yahoo – for $5 Billion. I couldn’t help but recall how AOL launched me from a practicing lawyer to a legal tech entrepreneur. The same was true for many other lawyers. AOL was the entry to the Internet in the 1990’s. Heck, we did not even call “it” the Internet or the World Wide Web (WWW). We called AOL an online community that we accessed via our home phone lines plugged into a disc we picked up at Barn...
Tags: Verizon, Yahoo, Law, Uncategorized, Aol, Wisconsin, Seattle, Barnes, Westlaw, Martindale, Google AOL


Devil's Lake.

[Author: [email protected] (Ann Althouse)]
Tags: Photography, Law, Wisconsin, Landscapes, Lake, Ann Althouse


Morning Docket: 04.28.21

* A Wisconsin woman has filed a lawsuit against the maker of bagel bites pizza snacks alleging that they do not contain real mozzarella cheese and tomato sauce. Must be a true "Cheesehead"... [KIRO] * Brittany Spears is asking for some facetime with the judge overseeing her conservatorship. [New York Daily News] * A lawyer has been suspended from practice for five years for firing several bullets into a colleagues law office. [ABA Journal] * A New York City lawyer has seemingly vanished lea...
Tags: New York Post, Law, Pizza, New York City, Wisconsin, Donald Trump, ABA Journal, New York Daily News, Donald, Trump Tower, Bagel, Morning Docket, Brittany Spears, Cheesehead, Trump Tower Not


It's Not OK Just Because It's Adultery

Rejecting a referee's proposed three-month suspension, the Wisconsin Supreme Court ordered a two-year suspension of an attorney Attorney Ritland has held a Wisconsin law license since 1978, and has an otherwise clean disciplinary history. The wrongdoing involved in this case... [Author: Legal Profession Prof]
Tags: Law, Wisconsin, Wisconsin Supreme Court, Legal Profession Prof, Bar Discipline & Process, Ritland


It's the time of year to go to Governor Nelson State Park and see the Dutchman's breeches.

    "Dutchman's breeches is one of many plants whose seeds are spread by ants, a process called myrmecochory. The ants take the seeds to their nest, where they eat the elaiosomes, and put the seeds in their nest debris, where they are protected until they germinate. They also get the added bonus of growing in a medium made richer by the ant nest debris." "Governor Nelson State Park is a 422-acre Wisconsin state park... on the north shore of Lake Mendota. It is named for former Wisconsin Gov...
Tags: Photography, Law, Trees, Wisconsin, Ants, Flowers, Lake Mendota, Ann Althouse, Gaylord Nelson, Nelson State Park, Camp Indianola Orson Welles


Milwaukee’s Best… Want Their Attorney Fees — See Also

Money: We've got more matches. WilmerHale, Stroock, Cahill, Dechert, and Torys. Wait, What Did You Say?: Mayer Brown has matched the prevailing bonuses, but the memo raises a few more questions. That's A Lot Of Miller Lite: Wisconsin is looking for its fees back from Sidney Powell and Donald Trump. The Important Stuff: Here's what you need to know about getting a vaccine.
Tags: See Also


"The Wisconsin Supreme Court on Wednesday ruled Gov. Tony Evers acted unlawfully when he issued multiple pandemic emergency orders — including face mask requirements..."

"The order means the governor will be barred from extending the state's current COVID-19 emergency order and mask mandate, which was set to expire on April 5, unless the Republican-controlled Legislature votes to extend it. Otherwise, it will continue to be up to local governments, such as cities and counties, to impose their own virus restrictions. Dane County's mask mandate remains in place. The court's 4-3 ruling on Wednesday, with conservative swing Justice Brian Hagedorn joining the cons...
Tags: Law, Masks, Wisconsin, Legislature, Dane County, Wisconsin Supreme Court, Wisconsin State Journal, Brian Hagedorn, Hagedorn, Tony Evers, Ben Wikler, Ann Althouse


In a bellwether case, restaurant chains in Midwest US are taking their insurer to court, claiming that business interruption insurance should cover their pandemic losses

Three groups of restaurants are pursuing legal action. William Perugini/Getty Images Three groups of restaurants are taking their insurer to court over lack of cover for pandemic losses. The restaurants claimed that their coverage should have been triggered when the pandemic started. A judge has ruled that the restaurants should be able to move forward with their legal action. See more stories on Insider's business page. A federal district court judge has ruled that three groups of res...
Tags: Texas, New York City, US, Trends, Society, Austin, Tennessee, Wisconsin, Andrew Cuomo, Illinois, US District Court, Midwest, McNulty, Ken Paxton, Edmond Chang, Northern District of Illinois


A QAnon supporter drove 800 miles to DC for March 4 and was 'willing to die' to realize his 'crazy stupid' plans

Members of the National Guard wear protective face masks on duty outside of the U.S. Capitol on March 4, 2021 in Washington, DC. Sarah Silbiger/Getty Images Ian Alan Olson traveled to DC ahead of QAnon's fake 'inauguration' date on March 4. He told Capitol police that he had "big" plans and was "not afraid to die," according to a criminal complaint. Two weeks later, Olson was arrested by the FBI for shooting paintballs at active servicemen. See more stories on Insider's bus...
Tags: Crime, News, Law, Washington, America, Trends, Fbi, United States, Washington Dc, News UK, Army, Wisconsin, Extremism, Conspiracy Theories, Donald Trump, Subaru


New Cybersecurity Recommendations For Lawyers

Here is a recent Daily Record column. My past Daily Record articles can be accessed here. ***** New Cybersecurity Recommendations For Lawyers Now that lawyers have been intermittently working remotely over the past year - and may continue to do so in the near future - their ethical obligations relating to cybersecurity practices have taken on a whole new level of importance. That’s why technology competence is paramount in 2021: it is essential for law firm leaders to have a full understandin...
Tags: New York, Law, Cloud Computing, Wisconsin, Vpn, Thomson Reuters, Aba, Committee, ABA Journal, Rochester New York, Daily Record--Legal Currents Column, Law & Technology, NBlack, Nicole Black, State Bar of Wisconsin, Wisconsin Formal Ethics Opinion EF


"Since the end of World War II, 27 of the 38 Congresses have featured a change in the party composition of the Senate during a session."

"The probability that such a shift may occur during this particular Congress may well be even higher than that. At the moment, no fewer than six Democratic senators over the age of 70 represent states where a Republican governor would be free to replace them with a Republican, should a vacancy occur. Five other Democratic senators represent states for which a vacancy would go unfilled for months, until a special election to fill the seat was held — which would hand the G.O.P. control of the Sen...
Tags: Supreme Court, Law, Congress, Senate, Democrats, Wisconsin, Republican, Stephen Breyer, Ann Althouse, Paul Campos, Biden's Congress, Biden and the judiciary


"Starting next month, residents can attend classes to learn the intricacies of the local recycling system, what can and can’t be recycled, and how to reduce their overall waste."

"Those who complete the two 90-minute sessions and a community outreach project will be certified Master Recyclers, equipped not only to tell the difference between No. 1 and No. 5 plastic containers but to help friends, neighbors and coworkers improve their own habits." From The Wisconsin State Journal. That made me laugh. [Author: [email protected] (Ann Althouse)]
Tags: Law, Wisconsin, Environmentalism, Ann Althouse


"Hunters in Wisconsin killed more than 200 wolves last week, far exceeding the state’s limit as they scrambled to take advantage of Trump-era wildlife rules..."

"... that they worry may be tightened by the Biden administration. At least 216 wolves were killed in less than 60 hours, exceeding the state quota of 119 and prompting Wisconsin to end what was meant to be a one-week hunt four days early.... Environmentalists... said the large number of wolves killed in such a short time underscored the need for President Biden to put the gray wolf back on the list of animals protected under the Endangered Species Act. 'These animals were killed using packs of...
Tags: Law, United States, Wisconsin, Environmentalism, Native Americans, Biden, Wolves, Humane Society, Trump, Wildlife Commission, Ann Althouse, Kitty Block, Hunter Nation, Richard M Esenberg, Dylan Jennings


"Yesterday I posted a tweet in response to a post that dealt with the issue of racism. While not intending the post to be interpreted as racist, the post was itself insensitive and so I shut my account down and removed the comment."

So says Wisconsin superintendent candidate Deborah Kerr, quoted in "State superintendent candidate Deborah Kerr apologizes for racially insensitive tweet" (Wisconsin State Journal). This woman apologized and deleted herself from Twitter just because she was criticized for an inept contribution to a discussion about race. I think the state school superintendent needs a lot more gumption than that. Her tweet was dumb. Someone on Twitter had put up the question "When was the first time someone c...
Tags: Twitter, Law, Karen, Wisconsin, Lips, Courage, State, Kerr, Deborah Kerr, Race And Education, Race Consciousness, Ann Althouse, Insults, Madison School Board, Fine Kerr


"Earlier today Air Station Traverse City launched two helicopters to respond to reports of over 60 ice fishermen stranded on an ice floe near Sturgeon Bay, WI."

"The ice had broken free from land, and high winds associated with the approaching winter storm system quickly pushed the floe farther away from shore. Ice continued to crack into smaller sections throughout the crews' time on scene. The helicopter crews lowered rescue swimmers to the ice to help coordinate the rescue as local first responders and other Coast Guard ice rescue assets arrived. After additional assets arrived, the helos continued conducting overflights of the area looking for signs...
Tags: Law, Fish, Ice, Wisconsin, Survival, Coast Guard, Ann Althouse, Air Station Traverse City, Sturgeon Bay WI


The Benefits and Burdens of Mary Ziegler’s Account of Abortion Law

For the Symposium on Mary Ziegler, Abortion and the Law in America: Roe v. Wade to the Present (Cambridge University Press, 2020). Linda Greenhouse             While this is Mary Ziegler’s third book about abortion (following After Roe: The Lost History of the Abortion Debate , Harvard 2015, and Beyond Abortion: Roe v. Wade and the Fight for Privacy , Harvard 2018), what it most resembles is a book published before Professor Ziegler was even in high school – a measure of the longe...
Tags: Health, Texas, Supreme Court, Law, Planned Parenthood, Kentucky, White House, America, Arkansas, Yale, Bill Clinton, Wisconsin, Louisiana, University Of California, Branding, Hopkins


Petitions Granted

The Wisconsin Supreme Court has granted reinstatement to suspended attorneys in two unrelated matters. One of the granted petitions involved an attorney who had made false statements Attorney Bant was admitted to practice law in Wisconsin in 2013. Her license... [Author: Legal Profession Prof]
Tags: Bar Discipline & Process, Legal Profession Prof


Texas Bar and Paladin Partner to Launch Statewide Pro Bono Portal

A free online portal launched today in Texas is designed to help lawyers find volunteer opportunities and assist residents of the state find help with their legal needs. The new portal, Pro Bono Texas, was launched as a partnership between The State Bar of Texas and the justice tech company Paladin. The portal provides volunteer lawyers and law students with a centralized location to search and sign up for pro bono opportunities across the state. “Texas lawyers are committed to assisting Texans ...
Tags: Texas, Law, Uncategorized, Wisconsin, Oklahoma, American Bar Association, Aba, Coo, State Bar of Texas, Paladin, New York State Bar Association, State Bar, Texas Access to Justice Commission, Texas Bar, Kristen Sonday Paladin, Oklahoma Access to Justice Foundation


Rand Paul versus George Stephanopoulos. A great confrontation, and I do not agree with the title on this video, that Rand Paul "melts down."

  Here's the transcript.   STEPHANOPOULOS: Senator Paul, let me begin with a threshold question for you. This election was not stolen, do you accept that fact?  SENATOR RAND PAUL, (R-KY): Well, what I would say is that the debate over whether or not there was fraud should occur, we never had any presentation in court where we actually looked at the evidence. Most of the cases were thrown out for lack of standing, which is a procedural way of not actually hearing the question. There were s...
Tags: Voting, Supreme Court, Law, Congress, Pennsylvania, Wisconsin, Rand Paul, Department Of Justice, Republican, Biden, George Stephanopoulos, Justice Department, Trump, George, PAUL R KY, PAUL


Pennsylvania Republicans spent $1 million in tax dollars on 2020 election lawsuits to suppress voters

A woman participates in a protest in support of counting all votes in Philadelphia, Pennsylvania, on November 5, 2020. Chris McGrath/Getty Images Pennsylvania Republicans spent $1.04 million in taxpayer dollars on 2020 election lawsuits. That's according to documents obtained Thursday by the news organization PA Spotlight. Republicans had sought to disenfranchise millions of people who voted by mail. Visit Business Insider's homepage for more stories. Pennsylvania Republicans spent more th...
Tags: Politics, Law, Republicans, Senate, Trends, Kanye West, Pennsylvania, Gop, Wisconsin, Charles Davis, Republican National Committee, Litigation, Pennsylvania Supreme Court, Philadelphia Pennsylvania, Senate GOP, Pennsylvania Republican Party


Pennsylvania Republicans spent $1 million in tax dollars on 2020 election lawsuits

A woman participates in a protest in support of counting all votes in Philadelphia, Pennsylvania, on November 5, 2020. Chris McGrath/Getty Images Pennsylvania Republicans spent $1.04 million in taxpayer dollars on 2020 election lawsuits. That's according to documents obtained Thursday by the news organization PA Spotlight. Republicans had sought to disenfranchise millions of people who voted by mail. Visit Business Insider's homepage for more stories. Pennsylvania Republicans spent more th...
Tags: Politics, Law, Republicans, Senate, Trends, Kanye West, Pennsylvania, Gop, Wisconsin, Charles Davis, Republican National Committee, Litigation, Pennsylvania Supreme Court, Philadelphia Pennsylvania, Senate GOP, Pennsylvania Republican Party


"When she arrived at Stanford in 1979, she had wanted to teach gender and the law, but the dean refused, telling her to pick a 'real subject.'"

"She agreed to teach contracts instead, but changed her mind two years later when the dean retired, and several alumni threw him a party — and invited a stripper. 'I said to hell with contracts,' she later wrote."  From a NYT obituary by Clay Rosen, "Deborah Rhode, Who Transformed the Field of Legal Ethics, Dies at 68/A Stanford professor, she pushed the legal profession to confront the ways it failed clients and to be more inclusive of women."  Who was dean of Stanford Law School in 1979?...
Tags: Law, Stanford, Feminism, Wisconsin, Contracts, Stanford Law School, Ann Althouse, Law Professor, Clay Rosen Deborah Rhode


Prosecutors are looking to modify Kyle Rittenhouse's bail conditions, saying he was spotted out with Proud Boys flashing white-power signs

Kyle Rittenhouse at an extradition hearing on October 30 in Waukegan, Illinois. AP Photo/Nam Y. Huh, Pool Kenosha County prosecutors filed a motion Wednesday seeking to modify Kyle Rittenhouse's bail conditions. The move comes after Rittenhouse, 18, was spotted at a bar after posting $2 million bail in November. Prosecutors say Rittenhouse was fraternizing with members of the Proud Boys and flashed a white-power hand sign. Visit Business Insider's homepage for more stories. Kyle Rittenhous...
Tags: Politics, News, Law, Milwaukee, Office, Trends, Wisconsin, Black Lives Matter, Charles Davis, Kenosha, White Supremacy, Southern Poverty Law Center, Kenosha County, Rittenhouse, Waukegan Illinois, Proud Boys


Prosecutors are looking to modify Kyle Rittenhouse's bail conditions after the Kenosha shooter flashed white power signs and was spotted out with Proud Boys

Kyle Rittenhouse sits while listening during an extradition hearing in Lake County court Friday, Oct. 30, 2020, in Waukegan, Ill. Rittenhouse is accused of killing two protesters days after Jacob Blake was shot by police in Kenosha, Wis. AP Photo/Nam Y. Huh, Pool Kenosha County prosecutors filed a motion Wednesday seeking to modify Kyle Rittenhouse's bail conditions. The move comes after Rittenhouse, 18, was spotted at a bar after posting $2 million bail in November. According to prosecuto...
Tags: Law, Milwaukee, Office, Trends, Wisconsin, Black Lives Matter, Charles Davis, Kenosha, White Supremacy, Kenosha County, Lake County, KENOSHA Wis, Rittenhouse, Proud Boys, Hate groups, Pudgy


Justices issue more orders from Friday’s conference, decline to fast-track election-related cases

The Supreme Court on Monday morning issued more orders from the justices’ private conference last week. After adding 14 new cases to their docket for the term on Friday afternoon, the justices were not expected to grant review in additional cases on Monday – and they did not. Monday’s order list was nonetheless noteworthy because the justices turned down a group of requests to expedite the consideration of petitions for review in cases seeking to undo the results of the 2020 presidential electio...
Tags: Featured, Mississippi, Supreme Court, Law, Congress, Joe Biden, Pennsylvania, United States, Boston Marathon, Wisconsin, Nevada, Biden, Donald Trump, Ruth Bader Ginsburg, Dzhokhar Tsarnaev, Pittsburgh



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