“Jay is a very intelligent man. It was always a pleasure to discuss various topics with him because he was not afraid to take an unfavorable stance. He has a passion for the law and for learning the law that I have not seen in others. It has been a pleasure to have known him for all these years.”
Jay Donald Jerde
Madison, Wisconsin, United States
353 followers
347 connections
About
I solve legal problems to make people safer. The questions I answer center on where we…
Activity
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My 2nd year associate compensation was more than half the purchase price of our home. I started law school in the fall of 2009 when the global…
My 2nd year associate compensation was more than half the purchase price of our home. I started law school in the fall of 2009 when the global…
Liked by Jay Donald Jerde
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Making it happen 🙌🏼 Proudly wearing my Madison LakeWay lapel pin! Click through to learn more about the project and get involved! ⛵️…
Making it happen 🙌🏼 Proudly wearing my Madison LakeWay lapel pin! Click through to learn more about the project and get involved! ⛵️…
Liked by Jay Donald Jerde
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Yesterday a California appellate court held that an insurer did not owe a duty to defend, even though the insurer's own claim examiners "admitted"…
Yesterday a California appellate court held that an insurer did not owe a duty to defend, even though the insurer's own claim examiners "admitted"…
Liked by Jay Donald Jerde
Experience
Education
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University of Amsterdam
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Online non-credit course including urban planning, sensescapes, urban forestry, renewable cities, disaster planning, and effects of technology on neighborhoods.
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Activities and Societies: Board of Governors of the Student Bar Association, Second Career Society, Second Career Society Board Member, Law Review Associate, Law Review Notes and Comments Editor.
Graduated magna cum laude. Deans List.
Casenote published in 28 Hamline Law Review 341 (Spring 2005).
CALI award (highest grade in class): Native American Law Seminar, Professional Responsibility, Commercial Real Estate Transactions, Land Use Planning, State and Local Government, Evidence, Civil Procedure. -
Activities and Societies: Elected Student Representative, Honors Committee of Faculty Senate.
Graduated summa cum laude. Dean's List. Phi Beta Kappa.
George and Margaret Starcher Undergraduate Thesis Award.
Outstanding Journalism Graduate, School of Communication Undergraduate Research Award, Thomas S. Deats Award for Excellence in Journalism.
Licenses & Certifications
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Six Sigma Yellow Belt Certification
University of Wisconsin-Madison Department of Engineering Professional Development
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Title Insurance Intermediary
Wisconsin Office of the Commissioner of Insurance
Volunteer Experience
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Judge (briefs)
William E. McGee National Civil Rights Moot Court Competition, Hamline University School of Law
- Present 9 years 8 months
Education
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Judge (oral arguments)
Evan A. Evans Constitutional Law Moot Court Competition, University of Wisconsin Law School
- 8 years 1 month
Education
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Advisor
Small Claims Assistance Program
- 4 years 10 months
Civil Rights and Social Action
Assisted individuals with questions about the procedure for filing small claims lawsuits and responding to legal papers served on them.
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Advisor
Lawyer Hotline, State Bar of Wisconsin
- 3 years 6 months
Civil Rights and Social Action
Answered questions from individuals who have called the State Bar hotline about legal information that affects their circumstances.
Publications
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Thirteenth Century Revolutionaries: Magna Carta and Beyond
The Bencher
We remember Magna Carta as an early, shining beacon of justice that led to a better world. It was not the only progress of those times toward rule under law. Change was in the air in the 13th century. The barons were not the only ones unhappy with the current law.
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Book Review: Banning DDT: How Citizen Activists in Wisconsin Led the Way
Wisconsin Lawyer
What does one do when one regularly sees robins twitching and dying on one’s lawn? The people described in "Banning DDT" decided to act against entrenched scientific expertise and won. The subtitle, "How Citizen Activists in Wisconsin Led the Way," describes the author’s approach. The book does not follow a pure chronology, nor does it provide in-depth coverage of the scientific or administrative law aspects of the successful effort to ban DDT in Wisconsin. It can be difficult to know when we…
What does one do when one regularly sees robins twitching and dying on one’s lawn? The people described in "Banning DDT" decided to act against entrenched scientific expertise and won. The subtitle, "How Citizen Activists in Wisconsin Led the Way," describes the author’s approach. The book does not follow a pure chronology, nor does it provide in-depth coverage of the scientific or administrative law aspects of the successful effort to ban DDT in Wisconsin. It can be difficult to know when we are in the story. Instead, this history presents an impressionistic view. The story moves forward in mini-biographies of ordinary, concerned Wisconsinites who built the groundswell for banning. We meet these people, and they become flesh-and-blood actors who are transformed.
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The Practice of Law in a World With Fewer Statute Books
Dane County Bar Association Newsletter
In the future, law may change at the speed of light. Freed from the tedious editing and printing of books, only the movement of electrons will stand in the way. Fifteen months have passed since 2013 Wisconsin Act 20 made a subtle change in Wisconsin Statutes. The Act empowers statutes on the Legislative Reference Bureau’s web site to be as official as the statutes in the books. In January, the Wisconsin Administrative Register and Wisconsin Administrative Code will become electronic-only State…
In the future, law may change at the speed of light. Freed from the tedious editing and printing of books, only the movement of electrons will stand in the way. Fifteen months have passed since 2013 Wisconsin Act 20 made a subtle change in Wisconsin Statutes. The Act empowers statutes on the Legislative Reference Bureau’s web site to be as official as the statutes in the books. In January, the Wisconsin Administrative Register and Wisconsin Administrative Code will become electronic-only State publications. Official electronic statutes will have broader effects, for the public and for lawyers, transforming the nature of legal research and the perception of law.
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The Affidavit That Lost the Case—and, How to Prevent It From Happening to Your Client
Dane County Bar Association Newsletter
A tool as dry as an affidavit can lose a case. Beginning with Palisades Collection LLC v. Kalal in 2010, about two dozen Wisconsin appellate cases have been won or lost based on affidavit sufficiency in creditors’ actions, including several cases decided in 2013. The lessons apply beyond credit-debtor relationships to any business that creates and maintains records necessary to support claims.
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Technological Changes in Advertising May Require New Insurance Language
Dane County Bar Association Newsletter
Air Engineering, Inc. v. Industrial Air Power, LLC, 2013 WI APP 18, review denied, 2013 WI 80 (June 14, 2013) is a warning to keep track of how changes in technology may undermine limitations in existing contracts. At issue here was whether an insurer had a duty to defend on a claim of advertising injury from the use of search engine tools that optimized sales generation. The Wisconsin Court of Appeals found a duty to defend although the key components of the advertising idea were Internet…
Air Engineering, Inc. v. Industrial Air Power, LLC, 2013 WI APP 18, review denied, 2013 WI 80 (June 14, 2013) is a warning to keep track of how changes in technology may undermine limitations in existing contracts. At issue here was whether an insurer had a duty to defend on a claim of advertising injury from the use of search engine tools that optimized sales generation. The Wisconsin Court of Appeals found a duty to defend although the key components of the advertising idea were Internet coding. This is an issue to watch for in the future as new Internet apps and portable hardware transform how people communicate.
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Book Review: Professional Services Marketing 3.0 by Bruce W. Marcus
Wisconsin Lawyer
Marketing legal services is not the same as selling toothpaste. "Professional Services Marketing 3.0" quickly educates the busy lawyer on the unique nature of service marketing to improve the effectiveness of client development.
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Zimbrick Case Shows Limits to Use of Administrative Decisions
Dane County Bar Association Newsletter
Zimbrick, Inc. v. State Division of Hearings and Appeals, No. 2011AP1208 (Wis. Ct. App., Feb. 23, 2012) (unpublished decision) warns of the limitations of using administrative decisions as precedent. Zimbrick used previous agency rulings about automotive dealerships to support its case. The Court of Appeals disagreed. Attorneys in administrative practice should be careful of the weight they place on the words of the Division of Hearings and Appeals.
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Voluntary Payment Doctrine Does Not Apply When It Defeats Statutory Intent
State Bar of Wisconsin, Energy & Telecommunications Law News
The Wisconsin Supreme Court in MBS-Certified Public Accountants, LLC v. Wisconsin Bell Inc., 2012 WI 15, prevented the use of the voluntary payment doctrine as a defense when the customer's complaint about the paid charges was for "cramming," a deceptive billing practice of placing small, inconspicuous, unauthorized charges into a bill. Application of the doctrine would defeat statutes against cramming, but the analysis is statute-specific. The doctrine lives still.
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Book Review: Government's Place in the Market by Eliot Spitzer
Wisconsin Lawyer
What if the bank crisis of 2008 was a wake-up alarm – and America hit the snooze button? Eliot Spitzer is trying to rouse the American people to have a “serious conversation about government’s proper role in the market.” This book, easily read in a few hours, invites the discussion.
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PSC Approves Draft Wind Farm Siting Rules for Legislature to Review
State Bar of Wisconsin, Energy & Telecommunications Section
A summary of the Public Service Commission regulations on wind farm siting in the form in which they were first presented to the Wisconsin Legislature.
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Casenote: Learning to Sell Grandmother: Why City of Sherrill, New York v. Oneida Indian Nation of New York Should Be Upheld to Preserve Tax-Free Status of Tribal Real Estate Acquisitions
28 Hamline Law Review 341
This Casenote analyzes the lengthy, tortuous history of relations between Anglo-Americans and the Oneida Indian Nation as those struggles appeared in the U.S. Supreme Court review of Oneida Indian Nation v. City of Sherrill, 337 F.3d 139 (2d Cir. 2003), rev’d, 544 U.S. 197, 125 S. Ct. 1478, 161 L. Ed. 2d 386 (2005). Central to the case were the relationships between municipalities and Indian Nations, and between Federal, Tribal, and State jurisdictions. Among the arguments in favor of the…
This Casenote analyzes the lengthy, tortuous history of relations between Anglo-Americans and the Oneida Indian Nation as those struggles appeared in the U.S. Supreme Court review of Oneida Indian Nation v. City of Sherrill, 337 F.3d 139 (2d Cir. 2003), rev’d, 544 U.S. 197, 125 S. Ct. 1478, 161 L. Ed. 2d 386 (2005). Central to the case were the relationships between municipalities and Indian Nations, and between Federal, Tribal, and State jurisdictions. Among the arguments in favor of the Oneidas is a form of administrative policy estoppel: one should not use against a regulated group the record as described by government employees operating under prior administrative policies that have later been rejected.
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We couldn’t have asked for a more beautiful day for the first day of #lawschool. The parking lot and the building are full of students. Welcome to a…
We couldn’t have asked for a more beautiful day for the first day of #lawschool. The parking lot and the building are full of students. Welcome to a…
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I agree with General Kelly...VOTE BLUE to defeat the guy that called our military heroes suckers and losers. VOTE BLUE!
I agree with General Kelly...VOTE BLUE to defeat the guy that called our military heroes suckers and losers. VOTE BLUE!
Liked by Jay Donald Jerde
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Sometimes life throws you lemons. But when you have a village of colleagues and friends to help you catch them, life is so much sweeter. Thank you…
Sometimes life throws you lemons. But when you have a village of colleagues and friends to help you catch them, life is so much sweeter. Thank you…
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Another true story: We were on Air Force One on the way to Santiago, Chile. The plane would land, President Obama would get into his limo (“The…
Another true story: We were on Air Force One on the way to Santiago, Chile. The plane would land, President Obama would get into his limo (“The…
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THROWBACK THURSDAY: The Wisconsin Department of Transportation (WisDOT) uses a triskelion as the center portion of our official seal/logo. Triskelion…
THROWBACK THURSDAY: The Wisconsin Department of Transportation (WisDOT) uses a triskelion as the center portion of our official seal/logo. Triskelion…
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Quote of the Day: "Just improving each day, that's just the ultimate goal from now until I'm no longer on this earth." ---Caeleb Dressel Have a…
Quote of the Day: "Just improving each day, that's just the ultimate goal from now until I'm no longer on this earth." ---Caeleb Dressel Have a…
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Friendly reminder: Everyone was once a beginner. You don't have to be great to start, but you have to start to be great. The cost of…
Friendly reminder: Everyone was once a beginner. You don't have to be great to start, but you have to start to be great. The cost of…
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We also have eyes on the back of our heads. 👠💼⚖️
We also have eyes on the back of our heads. 👠💼⚖️
Liked by Jay Donald Jerde
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Let work together! We have some openings in our health offices.
Let work together! We have some openings in our health offices.
Liked by Jay Donald Jerde
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