https-www-wisbar-org-newspublications-publishingimages-article%20images-cellphone-tower-farmland-gettyimages-1200x630-jpg

Sept. 9, 2024 – A county zoning ordinance requiring cellphone towers to be at least one-half mile apart is preempted by state law, the Wisconsin Court of Appeals (District IV) has ruled in
Savich v. Columbia County Board of Adjustment, 2023AP78 (July 18, 2024). In August 2020, Tillman Infrastructure, LLC (Tillman) and AT&T Mobility (AT&T) applied to the Columbia County Planning and Zoning Department for a permit to build a cellphone tower at a specific site on farmland…
Continue Reading Cellphone Tower Separation Ordinance Preempted by State Law

Navigating the death of a parent brings profound emotional challenges, and managing their estate can add an additional layer of complexity. Estate planning plays a critical role in making this difficult time more manageable. Whether your parent left behind a clear estate plan or you are navigating the probate process, understanding the steps involved in settling their affairs can help ease the burden.
Understanding Estate Planning and Probate
If your parent created an estate plan, it likely includes…
Continue Reading Navigating the Death of a Parent with Estate Planning

https-www-wisbar-org-newspublications-publishingimages-article%20images-court-lawsuit-gavel-scales-1200x630-jpg

​
Sept. 6, 2024 – A plaintiff’s failure to honestly and meaningfully address a question of appellate jurisdiction under
28 U.S.C. section 2107 rendered his appeal frivolous, the U.S. Court of Appeals for the Seventh Circuit has ruled in
Upchurch v. O’Brien, 22-2541 (Aug. 6, 2024). As a result, the Seventh Circuit held, sanctions under
Federal Rule of Civil Procedure (FRCP) 38 were appropriate. The Great Outdoors Timothy O’Brien and his wife Margaret owned a resort on Catfish…
Continue Reading Failure to Address Jurisdictional Issue Rendered Appeal Frivolous

Development of forest fire. Flame is starting trunk damage.

Posted on September 04,2024 in Criminal Defense
Wildfire season in Wisconsin is drawing to a close. The season started off with more fires than usual after a particularly warm winter and, as of today, nearly 900 wildfires have burned throughout the state.

Some fires are inevitable and can even be used to manage growth in a way that helps mitigate more serious wildfires in the future. But when fires are caused by humans – whether intentionally or not –…
Continue Reading Will I Go to Jail for Accidentally Starting a Wildfire?

As we approach the 2024 election, many individuals are concerned about how potential changes in the political landscape could affect their estate plans. The upcoming election could have significant implications for gift and estate tax rates, which are set to revert to pre-2017 levels if no new legislation is passed. This blog post will help you understand the potential changes and how to prepare your estate plan accordingly.
The Current Estate Tax Landscape
The Tax Cuts and Jobs Act…
Continue Reading The 2024 Election & Your Estate Plan: What You Need to Know

As the saying goes, nothing is certain in life but death and taxes, and estate planning encompasses both. Despite this certainty, many of us avoid thinking about the end of our life and neglect making an estate plan. There are things you can do now that can save you, your spouse, and your loved ones a lot of trouble and aggravation.
Lifetime documents: The Impact of Powers of Attorney and Living Wills
Estate plans almost certainly will include a…
Continue Reading Who Needs a Will Anyway: Why Estate Planning is So Important

Certainties of life include birth, death, and taxes, and for attorneys, continuing legal education (CLE) reporting requirements.​

CLE credits are a critical constant for attorneys, not just a duty as part of being a professional, but essential for maintaining a professional edge and upholding standards of competence and responsibility.

Previous articles, like this one from Nov. 15, 2023, InsideTrack, discuss various methods for earning CLE credit that you may not know about, such as: Whether you are a…
Continue Reading Paths to CLE Opportunities

https-www-wisbar-org-newspublications-publishingimages-article%20images-court-scales-gavel-1200x630-jpg

Aug. 29, 2024 – In a case of first impression, the Wisconsin Court of Appeals (District III) has applied the other-acts evidence statute to a sexual assault case. In State v. Hill, 2022AP1718 (Aug. 6, 2024), the Court of Appeals held that the analysis for admitting other-acts evidence under State v. Sullivan, 216 Wis. 2d 768, 576 N.W. 2d 30 (1998), doesn’t apply to prior conviction evidence sought to be admitted under section 904.04(2)(b). In August 2022, the…
Continue Reading Sullivan Test Inapplicable to Prior Conviction Evidence in Sexual Assault Cases

https-www-wisbar-org-newspublications-publishingimages-article%20images-cellphone-search-magnifying-glass-1200x630-jpg

Aug. 29, 2024 – The FBI was not required to seek a warrant before obtaining cell phone data on an armed man heading toward the site of civil unrest because of exigent circumstances, the U.S. Court of Appeals for the Seventh Circuit has held in
U.S. v. Karmo, No. 23-1082 (July 31, 2024). Civil unrest broke out in Kenosha on Aug. 23, 2020, after the police shot a Black man while attempting to arrest him. Michael Karmo and…
Continue Reading No Warrant Required for Cell Phone Data of Armed Man Heading Toward Unrest

https-www-wisbar-org-newspublications-publishingimages-article%20images-lineup-identification-sillhouette-1200x630-jpg

Aug. 29, 2024 – Whether the right to counsel had attached at a probable cause hearing wasn’t a settled matter of law, meaning an attorney wasn’t deficient when he failed to object to a lineup identification that occurred without counsel present, the Wisconsin Court of Appeals (District I) has ruled in

State v. Robinson​, 2020AP1728 (Aug. 6, 2024). On Dec. 18, 2017, a man walked into a U.S. Bank branch on West Capitol Drive in Milwaukee and…
Continue Reading Failure to Object to Post-hearing Lineup Identification Not Deficient

In November 2023, seven unions filed suit in Dane County Circuit Court returning to do battle against a familiar foe: 2011 Wisconsin Act 10. The suit seeks to have Act 10 blocked, arguing that it violates the Wisconsin Constitution’s equal protection clause. On July 3, 2024, the court rejected a motion to dismiss the case and “declare[d] those provisions of [Act 10] relating to collective bargaining modifications unconstitutional and void.” The battle over Act 10 is, perhaps unsurprisingly, far…
Continue Reading New Challenge to Act 10 Overcomes Dismissal and Appears Headed for State Supreme Court

To understand the impact of generative artificial intelligence technology (Generative AI), it is helpful to understand first how this technology differs from artificial intelligence that has been in routine use by many industries.

Artificial intelligence encompasses any theory, computer system, or software that is developed to perform tasks that traditionally required human intelligence. Generative artificial intelligence technology is a subset of this technology.[1]

Starting with the basics, Generative AI is an algorithm that can be used to create…
Continue Reading Generative Artificial Intelligence 101: What Is Generative AI, and What Are Its Benefits?

What is Generative AI, what can it do, and what should you be worried about?
Generative artificial intelligence technology (“Generative AI”) has seen a surge in advancement and attention in the past few years. With the release of ChatGPT and other generative artificial intelligence models (also referred to as “generative AI programs” or simply AI “generators”), Generative AI has integrated itself across many different industries, schools, and even households. As public use of this technology increases, there is a…
Continue Reading Generative Artificial Intelligence 101: An Introduction

As reported by Above the Law and the Legal Profession Blog, a Colorado lawyer received a 60-day suspension, stayed if he successfully completes a two-year probationary period, for posing as a judge and a former deputy district attorney in blog comments submitted to a moderator.
The stipulated decision (and I suppose I should include a warning that there is uncensored profanity in the decision) was brief, and notes a violation of Colorado Rule 8.4(c), which, like its…
Continue Reading If My Blog Actually Got Comments, This Would Be A Cautionary Tale

Here is the latest faculty scholarship appearing in the University of Wisconsin Law School Legal Studies Research Papers series found on SSRN.

Against the backdrop of declining crime rates, gun violence and gun-related homicides have only risen over the last three years. Just as it historically has, the brunt of that violence has been borne by poor Black and brown communities. These communities…
Continue Reading Recent UW Law Faculty Scholarship

In a recent legal development, a federal judge in Texas has ruled against a proposed rule by the U.S. Federal Trade Commission (FTC) that would have banned noncompete agreements. This decision is particularly relevant for business owners, employers, and high-earning employees, as it directly impacts how businesses can protect their interests.
What Are Noncompete Agreements?
Noncompete agreements are contracts that prevent employees from working for competitors or starting similar businesses for a certain period after leaving their current employer.
Continue Reading Noncompete Ban Blocked: What It Means for Your Business