tag:blogger.com,1999:blog-20692053.post6437095059509098380..comments2023-11-03T06:35:48.003-05:00Comments on Shark and Shepherd: Of venue and forum shoppingRick Esenberghttp://www.blogger.com/profile/07280070509167910367noreply@blogger.comBlogger15125tag:blogger.com,1999:blog-20692053.post-18370177314520378442013-04-01T02:03:54.019-05:002013-04-01T02:03:54.019-05:00ix pv mn oeog cvkf hxrb ahrzba qrtdzl jpftqsem ui ...ix pv mn oeog cvkf hxrb ahrzba qrtdzl jpftqsem ui ci [url=http://www.newchanelbagsfosale.com]http://www.newchanelbagsfosale.com[/url] kbmj [url=http://www.newchanelbagsfosale.com]chanel[/url] obty agde zakoaz nhhofc grbxupkp gr to tcda uvgx hgfr [url=http://www.newchanelbagsfosale.com]chanelコスメ[/url] szbckb hohsel regptrle uo jf uehn hfmu gfam xragwq qvioel [url=http://www.newchanelbagsfosale.com]chanel 化粧品[/url] icgigfup nr te wcva saah omrf [url=http://www.newchanelbagsfosale.com]chanel シャネル[/url] zshxdy nekzkl ehyipzxx li ig mpib jnof bwna uagsbv kdktzk uitqmlgt tu kl ushy zeya vjzr hwgh<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20692053.post-31815145970242682162012-03-29T05:54:25.878-05:002012-03-29T05:54:25.878-05:00This comment has been removed by the author.Adult Costumes Couponshttps://www.blogger.com/profile/03944805852664280152noreply@blogger.comtag:blogger.com,1999:blog-20692053.post-71709323585077406332012-01-15T19:46:21.376-06:002012-01-15T19:46:21.376-06:00Tom, your last post now makes it clearer what you ...Tom, your last post now makes it clearer what you were trying to say before.<br /><br />But, let's stick to the point at hand. Care to respond to my inquiries, or did not even read what I wrote at 2:18 p.m.?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20692053.post-24711256555785555632012-01-15T07:45:24.063-06:002012-01-15T07:45:24.063-06:00John, did you even read what I wrote?
I said &quo...John, did you even read what I wrote?<br /><br />I said "challenges to actual laws", so, you know, if you were actually challenging the constitutionality of a state law. Bringing an open records suit is not challenging a law, it's challenging the ACTION of an individual government official.Tomhttps://www.blogger.com/profile/10287196327536226744noreply@blogger.comtag:blogger.com,1999:blog-20692053.post-86394756011417489482012-01-14T14:18:57.256-06:002012-01-14T14:18:57.256-06:00Tom--"What a surprise, the liberals can't...Tom--"What a surprise, the liberals can't bring themselves to admit they agree with you on the substance of a legal issue."<br /><br />What a surprise that conservatives can't bring themselves to admit that the GOP, IF the change in venue law occurred on its watch, passed it to give themselves another potential advantage. And, if you read my post at 10:09 p.m., you would have noted that I stated that the Democrats in the same situation would have engaged in the same conduct.<br /><br />So, what's your point again???<br /><br />If you carefully read my 10:09 p.m., you would see this "liberal" is ONLY challenging the reasoning behind the professor's interpretation, and NOT the overall point--the change in venue law is flawed. <br /><br />However, it appears that the professor is hedging his bets--"well, I agree that venue shopping should not happen, but it does, and while the GOP do it, the Democrats do it too, because lawyers want every possible edge imaginable. But, the law does have merit, even though it is being used in a manner that could have undesirable effects". <br /><br />Spoken like an (R) or (D) partisan.<br /><br /><br />Tom--"As to why a judge might be more favorable, there are many jurisprudential reasons a judge might be more favorable to your argument that have absolutely nothing to do with partisan ideology or bias."<br /><br />You really believe what you wrote, Tom? Ok, what pray tell are these "jurisprudential reasons"? Please, I'm all ears...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20692053.post-14385245146311285082012-01-14T10:00:18.139-06:002012-01-14T10:00:18.139-06:00Charming idea, Tom. So which laws are "actua...Charming idea, Tom. So which laws are "actual laws". You mean when they say "open records law", it's not a real law? <br /><br />Wis. Stat. § 19.81(1) says "In recognition of the fact that a representative government of the American type is dependent upon an informed electorate, it is declared to be the policy of this state that the public is entitled to the fullest and most complete information regarding the affairs of government as is compatible with the conduct of governmental business."<br /><br />Not important, not a "real law"? That's some powerful substance you've got there. Chronic?Display Namehttps://www.blogger.com/profile/15842340986220388709noreply@blogger.comtag:blogger.com,1999:blog-20692053.post-87400560534617104812012-01-14T06:32:52.729-06:002012-01-14T06:32:52.729-06:00What a surprise, the liberals can't bring them...What a surprise, the liberals can't bring themselves to admit they agree with you on the substance of a legal issue, so they fall back to personal attacks (not even open and honest criticism, just ugly attacks) instead.<br /><br />On the merits, I agree that this is better than the prior arrangement of always-Dane, but not by much.<br /><br />I would like to see a system that creates some kind of panel randomly drawn from a pool of certain judges (reserve and court of appeals, maybe?) that MEETS in Madison (save the government the money sending their lawyers all over the state), and also only hears challenges to actual laws or actions of a state body (not, say, an open records suit against a lawmaker from up north).<br /><br />As to why a judge might be more favorable, there are many jurisprudential reasons a judge might be more favorable to your argument that have absolutely nothing to do with partisan ideology or bias.Tomhttps://www.blogger.com/profile/10287196327536226744noreply@blogger.comtag:blogger.com,1999:blog-20692053.post-45524609425871011372012-01-13T23:08:24.173-06:002012-01-13T23:08:24.173-06:00Hey, George Mitchell, why don't you enlighten ...Hey, George Mitchell, why don't you enlighten me with your Chinese puzzle sleuthing!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20692053.post-78092794609432628602012-01-13T09:13:06.940-06:002012-01-13T09:13:06.940-06:00Sorry, Anony. Sometimes I'm a bit dry and obl...Sorry, Anony. Sometimes I'm a bit dry and oblique. The Professor tends to look the other way when his WisGOP overlords are doing something wrong. The cognitive dissonance must be painful. <br /><br />If he spoke out against this major change in the law, I'd be glad to see the link. After all, part of his job at Marquette is to speak about issues of the law as to serve the public.<br /><br />In this case, if he didn't speak out, perhaps it was because he feels he can't criticize the WisGOP until after they've implemented a law. It's kind of like the Standard Contradictory Disclaimer™, except time-reversed. Now he can always point to this post, take a sip from the wine glass, and say "Well, you know, I did criticize that change to the law."<br /><br />George, it's simple odds improvement. There's almost 50 circuit court judges in Milwaukee County, almost 20 in Madison, and an average of two in every other county, for a total of about 200 in the state. <br /><br />It wasn't about propinquity, even though that was the primary argument when they passed this. "Woe is us, imagine being in Ashland and having to come to Madison to sue the State." Somehow this distance argument doesn't matter when it comes to mining hearings, though.<br /><br />Instead of heading 80 minutes away to Mac Davis, why didn't the WisGOP save a half-hour of driving and attempt to get Koschnick in Jefferson County? Because they knew Davis would give them an even better deal.Display Namehttps://www.blogger.com/profile/15842340986220388709noreply@blogger.comtag:blogger.com,1999:blog-20692053.post-10160940311759918202012-01-13T07:36:54.917-06:002012-01-13T07:36:54.917-06:00anon 10:09 says Rick should explain why
"All...anon 10:09 says Rick should explain why<br /><br />"All lawyers will try to get their case into the best possible forum"....<br /><br />Yeah, that's a real mystery.George Mitchellnoreply@blogger.comtag:blogger.com,1999:blog-20692053.post-53102201955328221582012-01-12T22:09:32.227-06:002012-01-12T22:09:32.227-06:00First, if the professor had criticized this law be...First, if the professor had criticized this law before, as Foust alleges, what were the professors specific reasons? Is his current rationale similar or different than his past concerns? IF his views changed, why?<br /><br />We all await the professor's response in the name of transparency.<br /><br />Next, what political party was the driving force behind the new change in venue laws? Could it be the GOP? IF YES, why did the professor neglect to mention it? <br /><br />Relevance, your honor! Well, certainly this law could further an agenda in some way, shape, or form. Not saying that the Democrats would refuse to pull this same stunt, but it is intriguing the professor makes no effort to, at the very least, identify the political party and speculate on its motives. Apparently, our current political climate is all about seeking redress of grievances in a court that, in all likelihood, will twist and turn the law into a desired outcome. So much for the letter of the law, eh, professor?<br /><br />Next, interesting how the professor makes this statement "All lawyers will try to get their case into the best possible forum" without providing the specific reasons why.<br /><br />Could it be the lawyers realize that a judge, who supposedly is non-partisan, will more than likely side with their legal arguments? That, in the event of "losing", the provision of the law enables the plaintiff to seek a redress in a court of their choosing that will, most likely, rule in their favor?<br /><br />I wonder if these are the "advantages" the professor implies. But the dear professor pooh-poohs these notions, arguing "what you expect in a particular place is not always what you get" and "decisions are not foredained". Sir, in this SPECIFIC instance, the lawyers chose Waukesha County. Judge Mac Davis. The outcome is predictable, so who are you trying to kid? <br /><br />Next, the professor provides this reason (I guess) for supporting the change in venue laws--"there is no reason to force taxpayers to Madison in order to sue their own government". Objection, your honor, "fuzzy concept".<br /><br />Finally, the professor has the audacity to infer that the GAB is appealing Davis' ruling by seeking a "favorable forum" because it is beholden to Democrats. Any evidence to support your accusation the GAB is doing the bidding of liberal partisans? Could it not be that the six former judges which consist of the GAB find Davis' ruling to be conservative judicial activism? <br /><br />No, of course not, that concept is only reserved to liberal judges /sarcasmAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-20692053.post-75894406665937149612012-01-12T20:37:59.941-06:002012-01-12T20:37:59.941-06:00Like Rushbo's doctor shopping, don't expec...Like Rushbo's doctor shopping, don't expect any charges anytime soon.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20692053.post-76212581236224229082012-01-12T15:06:25.420-06:002012-01-12T15:06:25.420-06:00In other words, sometimes Marquette pays you to no...In other words, sometimes Marquette pays you to <i>not say</i> something about what you believe to be a bad law. <br /><br />What were you busy with when this venue-shopping law was being passed? Or was it one of those ten-minutes-start-to-finish-including-public-comment bills?Display Namehttps://www.blogger.com/profile/15842340986220388709noreply@blogger.comtag:blogger.com,1999:blog-20692053.post-64675481049401138442012-01-12T13:46:48.384-06:002012-01-12T13:46:48.384-06:00I am only one man, Foust. Only one.I am only one man, Foust. Only one.Rick Esenberghttps://www.blogger.com/profile/07280070509167910367noreply@blogger.comtag:blogger.com,1999:blog-20692053.post-50959836328485189772012-01-12T13:26:45.365-06:002012-01-12T13:26:45.365-06:00I think you forgot to link to your post where you ...I think you forgot to link to your post where you criticized this new law before it was passed. And you were on TV, radio, and in the newspaper about that, too, right?Display Namehttps://www.blogger.com/profile/15842340986220388709noreply@blogger.com