On Jan. 19, the Wisconsin Assembly gave a final approval to a proposed constitutional amendment that would, they claim, make it more difficult for violent criminals to get out of jail on bail. The proposal will go before voters where
Articles From Loeb & Herman
Articles From Loeb & Herman, published by Loeb & Herman, S.C., features commentary and analysis on various legal issues primarily affecting Wisconsin. The blog covers topics such as continuing legal education, criminal defense challenges, judicial conduct, mental health law, and family law updates. It also addresses broader legal system concerns including cultural competency, bias reduction, and attorney retention. The content reflects the perspectives of practicing attorneys and mediators affiliated with the firm, providing insights into both procedural and substantive aspects of law relevant to practitioners and the public.
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Looking back: The best and worst of 2022
One of my favorite columns is to review family law cases and legislation from the prior year. It gives me yet another opportunity to express my thoughts on the good and the bad that occurred. Fortunately for me as a…
Wisconsin Supreme Court election gets off to ugly start
One of the ugly parts of our legal system is the politics of electing judges. With an election for a Supreme Court justice in 2023, the ugliness has gotten an early start.
The post Wisconsin Supreme Court election gets off…
Competing rights and interests
On Nov. 6, the United States Supreme Court heard oral arguments in Brackeen v. Haaland, a case which presented numerous constitutional and legislative issues regarding the Indian Child Welfare Act or ICWA.
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Pro se representation comes at a cost
Few recent trials have attracted as much attention in the non-legal world than the Brooks trial in Waukesha.
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Out of the mouths of babes
While a child of 16 years with a car is going to make his or her own decision about placement, do we really want to give a 7 year old that authority?
The post Out of the mouths of babes…
The right to self-represent
In 1975, The United States Supreme Court held that a criminal defendant has a constitutional right to waive counsel and self-represent in a criminal case. Faretta v. California, 422 U.S. 806 (1975). While the trial court has a responsibility to…
A resource for family law cases
Without question, the biggest change in family law in my years of practice is the trend to settle cases rather than litigate. What was once routine has become rare.
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Closing a law practice: Not as simple as it seems
After 38 years as a family law attorney with Loeb & Herman LLC, I have joined JAMS as a neutral in its Wisconsin office.
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Batter up for some judicial activism
The term “judicial activism” is commonly thrown around to disparage judges. It generally is used to accuse courts of being too aggressive or too liberal. A recent court of appeals decision contains an element which raises an interesting question.
The…