Law professor questions language limiting decisions.

• Date: 02 June 2004

Byline: Tony Anderson

Given that the state Supreme Court is supposed to be a "law developing court," how does it reconcile the release of decisions purporting to be limited to the "unique facts" of a case?

Marquette University Law School Dean Joseph Kearney reflected on that observation recently. Kearney noted that during the past 25 years, the court has made greater use of statements to that effect than in its entire previous history.

Kearney pointed to an incongruity in that approach, given that the appellate system in Wisconsin underwent a major restructuring in the late 1970s. The Wisconsin Court of Appeals was created and statements at the time indicated it was...