Jurisprudence Commons^™

Interpreting The Wisconsin Constitution, Daniel R. Suhr

Marquette Law Review

The Wisconsin Constitution is the state’s fundamental law and is often the final authority over important issues of public moment. When interpreting a provision in the state constitution, the Wisconsin Supreme Court relies on three primary sources: the plain meaning of the text, the legislative and ratification history surrounding the clause, and construction by the legislature. The second and third sources that the Court uses to resolve constitutional cases are significantly flawed for both practical and jurisprudential reasons.

By contrast, the Wisconsin Supreme Court focuses first and foremost on the text when interpreting statutes. The Court only turns to history …

Getting Out Of The Funk: How Wisconsin Courts Can Protect Against The Threat To Impartial Jury Trials, Kurt F. Ellison

Marquette Law Review

This Comment critically examines the development of Wisconsin’s juror bias case law and the challenges that this body of law has created for judges and practitioners across the State of Wisconsin. Further, this Comment analyzes whether attempts by the Wisconsin Supreme Court to clear up the body of juror bias law have been successful or, as this Comment suggests, have left juror bias law grappling with the same set of issues. Wisconsin has long recognized the crucial role of the jury to its legal system and to ensuring the just administration of its laws. To preserve the integrity of the …