¶ 35. (concurring). I do not join in ¶ 28 of the majority opinion. The majority opinion's criticism of Arndt v. Wisconsin Dep't of Corrections, 972 F.Supp. 475 (W.D.Wis. 1996), is, in my opinion, ill advised. Arndt turns in large part on the U.S. Constitution and federalism concerns, issues not present in the case at bar.
¶ 36. For the reasons stated, I do not join in ¶ 28 of the opinion.
¶ 37. I am authorized to state that Justice DIANE S. SYKES joins this concurrence.