Rick Esenberg, Author at RightWisconsin

Liberty vs. Safety: Pandemic Response Raises Tough Legal Questions

Posted by Rick Esenberg | Mar 27, 2020 | Features

Questioning the scope of the order and the length of its duration as new information is available is the vigilance that liberty requires.

Wisconsin Emergency Powers and Their Limits

Posted by Rick Esenberg | Mar 18, 2020 | Features

Can a governor effectively suspend economic activity in a state and impose strict restrictions on public life? The answer is not clear.

A Quick Look at the Recount Odds

Posted by Rick Esenberg | Apr 3, 2019 | Features

If the Neubauer campaign chooses to ask for a recount, it will almost certainly be throwing good money after bad.

Journal Sentinel Falsely Attacks Hagedorn Statement as “Radical”

Posted by Rick Esenberg | Mar 7, 2019 | Features

If leading scholars and a member of the United States Supreme Court have questioned incorporation, then it is a position that serious people have entertained and is not a “fringe” view.

The Flawed Legal Challenge to Wisconsin’s Early-Voting Reforms

Posted by Rick Esenberg | Dec 19, 2018 | Features

Because they realize that the new statute is substantially different than the previous one, the plaintiffs want to get the case in front of a judge that they believe will be friendly to them based on his rulings on a different statute.

Are pro-business Republicans heading for a slippery slope?

Posted by Rick Esenberg | Nov 1, 2018 | Features

Crony capitalism takes a number of forms: protectionist regulation, tax incremental financing and unalloyed handouts. It is almost always a mistake.

Evers Made Wrong Choice in Pornography-Viewing Teacher License Case

Posted by Rick Esenberg | Aug 20, 2018 | Features

Evers made a choice. He decided not to go after a teacher who had viewed pornographic images on his computer, shared them with at least one other teacher and who was alleged to have made sexual remarks about middle school students. His claim that he had no choice is wrong. Here’s why.

WILL’s Response to Milwaukee Public Schools Regarding the Dear Colleague Letter

Posted by Rick Esenberg | Jun 19, 2018 | Features

When schools are beset with crime, it is the teaching staff and the overwhelming majority of law abiding kids who just want to learn who will suffer.

Tax incremental financing is a recipe for abuse

Posted by Rick Esenberg | May 8, 2018 | Features

Tax incremental financing might seem to be a dry and technical subject. The details are real green-eyeshade stuff. But their impact on the political process teaches us a tantalizing lesson: Tax incremental financing is an occasion of sin.

Dallet Places Political Values Over the Rule of Law

Posted by Rick Esenberg | Mar 28, 2018 | Features, Special to RightWisconsin

Judge Dallet’s emphasis on political values is instructive. A major part of the progressive legal project has been to argue that the law can advance a left-of-center political vision.

Rick Esenberg

Liberty vs. Safety: Pandemic Response Raises Tough Legal Questions

Wisconsin Emergency Powers and Their Limits

A Quick Look at the Recount Odds

Journal Sentinel Falsely Attacks Hagedorn Statement as “Radical”

The Flawed Legal Challenge to Wisconsin’s Early-Voting Reforms

Are pro-business Republicans heading for a slippery slope?

Evers Made Wrong Choice in Pornography-Viewing Teacher License Case

WILL’s Response to Milwaukee Public Schools Regarding the Dear Colleague Letter

Tax incremental financing is a recipe for abuse

Dallet Places Political Values Over the Rule of Law

@WILL on Twitter

Countdown to Democratic National Convention

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