Wisconsin Law Review Forward is an online only publication intended to move conversations in legal academia forward by providing a forum for the quick publication of topical and timely pieces that would otherwise be delayed by our production schedule for print issues. Many of our online pieces are short response pieces to larger pieces published in our print edition and all are shorter works commenting on larger topics in legal academia.
Nizan Geslevich PackinJuly 5, 2020
The COVID-19 economic crisis has brought to light something very broken in the American banking system—banks prioritize their own profits over the interests of those they serve and interests of social justice. And they are permitted to do so because they do not owe a fiduciary duty to their customers and are not social welfare maximizing entities.
Wills Formalities in the Twenty-First Century—Promoting Testamentary Intention in the Face of Societal Change and Advancements in Technology: An Australian Response to Professor Crawford by Kelly Purser and Tina Cockburn
The law of wills is steeped in tradition, including what is required for the valid execution of a document purporting to contain a testator’s intention for the distribution of her or his estate upon her or his death. This is reflected in the need to comply with certain formalities for a will to be valid. Although these formal requirements differ in extent and form throughout the world, their purposes, in common law jurisdictions such as Australia and the United States of America, are fourfold: they serve evidentiary, cautionary or ritual, protective, and channeling functions.November 22, 2019
The Wisconsin Supreme Court Quietly Rewrote the Legal Standard Governing Stays Pending Appeal, Leaving Circuit Courts Effectively Powerless to Enjoin Unconstitutional Statutes By Jeffrey A. Mandell
When a Wisconsin court deems a state statute unconstitutional, it enjoins the government from enforcing the statute. Even if the court makes that determination in the form of a temporary injunction, before full consideration of the merits or issuance of a final judgment, the government has an immediate right to appellate review. In such cases, the government frequently asks that the injunction be stayed—that is, prevented from taking effect—pending resolution of the appeal.October 17, 2019
Sexual Misconduct, Employment References, and Hiring in Higher Education: Is it Time for the Duty of Care to Evolve? By Neal Schlavensky
In March 2016, the University of South Florida (USF) received striking news. A current professor, Samuel Bradley, was under investigation for allegations of sexual misconduct2 with former students at the university where he had previously worked. Bradley had resigned during the investigation and USF failed to discover any of this information during the hiring process. When USF became aware of the allegations, which had been disclosed by news media, the university placed Bradley on administrative review and eventually terminated him.August 30, 2019
Closer To The People Is Better: A Response To Professor Miriam Seifter’s Article Further From The People
University of Wisconsin Law Professor Miriam Seifter believes “state agencies are, on the whole, less transparent than their federal counterparts, less closely followed by watchdog groups, and less tracked by the shrinking state-level media.” This adds up to her conclusion that “[s]tate bureaucracy does not operate in a fishbowl,” which combined with its tremendous and growing power makes it “a largely unguarded giant.” I believe there are serious counterexamples to her claims. In fact, my experience after six years working in senior roles in a governor’s office convinces me that state-level administrations, though not perfect, vindicate the framers’ vision that the states “do a lion’s share of governance affecting people’s day-to-day lives.”June 21, 2019