Thursday, February 23, 2017

Woe, Nelly: Ed Garvey R.I.P.

'Ed Garvey, labor lawyer and progressive firebrand, has died' Dave Zwiefel reported yesterday at The Capital Times.

Here's our post quoting from his comments at 'Fighting Bob' on the occasion of Elena Kagan's nomination to the U.S. Supreme Court.

Monday, February 20, 2017

Wisconsin appellate court week February 20th-24th 2017

Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument February 28th (see Synopses; a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage;) and March 15th.

The next conference on pending petitions for review is March 13th.

Here are links to final Orders on Supreme Court Rules petitions.

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for March 8th, 20th, and 28th, and April 24th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders



Wisconsin Judicial Council:

Monday, February 13, 2017

Peter Kirsanow 'The Status and Future of Religious Liberty in the United States' February 16, 2017

Sorry to report this event has been canceled. Refunds will be made to anyone who prepaid.

Sunday, February 12, 2017

Wisconsin appellate court week February 13th-17th 2017

Supreme Court Digest, and Court of Appeals Digest, by Profs. Daniel D. Blinka and Thomas J. Hammer, Marquette University Law School, Wisconsin Lawyer, February 2017

State Bar President Urges Governor to Boost Funding for the Judicial System, by Brittney Weiland, Rotunda Report

Some Thoughts on the Supreme Court’s 2016-17 Docket, by Alan Ball, SCOWstats

Gov. Scott Walker wants Wisconsin's independent judicial watchdog under Supreme Court, by Jason Stein and Patrick Marley, Milwaukee Journal Sentinel



Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument February 15th, 17th and 28th (see Synopses; a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage;) and March 15th.

The next conference on pending petitions for review is February 13th, followed by March 13th.

Here are links to final Orders on Supreme Court Rules petitions.

Pending rules petitions include those scheduled for hearing or conference February 16th. (see Agenda; a link to live streaming audio of rule hearings and conferences is available; WisconsinEye has tentatively scheduled video coverage;)

The Court of Appeals has oral argument scheduled for March 8th, 20th, and 28th, and April 24th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders

Proposed Changes to Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure: Comment by Feb. 15, Inside Track



Wisconsin Judicial Council:

Wednesday, February 8, 2017

International Law in the Trump Era: Expectations, Hopes, and Fears

Video and audio from this recent national Federalist Society event:

Applying the U.S. Constitution to Foreign Asylum Seekers:

'Exposing a Curious, Inconsistent Practice in the Federal Courts', by Shalini Bhargava Ray, at Marquette Law Review.
[Abstract] "Asylum law is based on an international treaty, but federal courts routinely invoke U.S. constitutional norms in adjudicating asylum claims. Specifically, they rely on constitutional norms when gauging whether an asylum applicant has suffered harm amounting to 'persecution' and whether the harm was inflicted “on account of” a protected characteristic, such as political opinion or religion. In a close analysis of this unusual practice, this Article argues that federal courts have come to inconsistent, and often incompatible, conclusions regarding the use of constitutional norms in the analysis of asylum claims: principally, on whether constitutional norms establish sufficient, insufficient, necessary, or unnecessary conditions for qualifying for asylum. In addition to exposing these inconsistencies, this Article offers insights into improving the current practice of using constitutional norms in deciding asylum cases. Ultimately, this Article seeks to start a larger discussion of the diverse roles of constitutional law in asylum law and of the relationship between U.S. constitutional law and international human rights law—what it is and what it should be."

Sunday, February 5, 2017

Wisconsin appellate court week Feb 6th-10th 2017

Parole Commission chair resigns to work for chief justice, by Associated Press, Wisconsin Law Journal

Judge fights sanction by victims rights board, by Bruce Vielmetti, Milwaukee Journal Sentinel

Monthly Argument Calendar: For the Session Beginning March 20, 2017, Supreme Court of the United States, includes Murr v. Wisconsin



Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument February 15th, 17th and 28th (see Synopses;) and March 15th.

The next conference on pending petitions for review is February 13th.

Here are links to final Orders on Supreme Court Rules petitions.

Pending rules petitions include those scheduled for hearing or conference February 16th. (see Agenda;)

The Court of Appeals has oral argument scheduled for March 8th, 20th, and 28th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders

Proposed Changes to Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure: Comment by Feb. 15, Inside Track



Wisconsin Judicial Council:

Whose rules, whose laws

Review of Law Professors: Three Centuries of Shaping American Law, by Stephen B. Presser, at The Economist.
"The notion of the court as a mechanism for going beyond statutes and past decisions to define justice opened up a wide field of study in the latter half of the 20th century. Among the many professors to shape the judicial system during that time were Ronald Dworkin, a professor at New York University and Oxford, who argued that law must be debated on the basis of moral concepts rather than rules; Richard Posner, a senior lecturer at the University of Chicago and a federal judge, who has been called the single most cited legal authority largely because of his development of cost-benefit analysis; and, conversely, Cass Sunstein, also of Chicago, then Harvard, then the Obama administration, who concluded that the failure of people to act rationally justifies judicial and governmental intervention.
...
"The great figure who opposed this approach was Antonin Scalia, who left the Chicago faculty to be a federal appeals court judge then a Supreme Court justice, and whose death almost exactly a year ago created the current opening.

"As Mr Presser writes, Scalia believed the law and constitution should be followed by interpreting both as they were understood at the time they were enacted rather than stretched by unelected judges, since original intent was the best means of implementing the will of the people. Change should come through popular votes and the laws enacted by elected legislators. This approach, more than any particular issue, is a fundamental challenge to an expansive court, presidency and even, perhaps, to the aristocratic position that de Tocqueville discerned in the law."

Wednesday, February 1, 2017

The Original Understanding of "Property" in the Constitution

Paul J. Larkin Jr. at Marquette Law Review,
[Abstract] "Contemporary Supreme Court jurisprudence treats 'property' as far less deserving of judicial protection than 'life' or 'liberty.' The Supreme Court, however, has misread American legal history. Anglo-American traditions, customs, and law held that property was an essential ingredient of the liberty that the Colonists had come to enjoy and must be protected against arbitrary governmental interference. The Framers’ generation believed that 'property' and 'liberty' were equally important institutions and that neither one could exist without the other. The Framers venerated property as a means of guaranteeing personal independence because (among other things) the concept of 'property' embraced the legal rights to which everyone was entitled, such as the right to governance under 'the rule of law.' Property was not immune from regulation, but that regulation had to be for the purpose of promoting 'the general Welfare,' not the interests of specific groups or people. It is time for the Supreme Court to revisit Anglo-American legal history and to re-examine its precedents in light of what that history teaches."

Sunday, January 29, 2017

Wisconsin appellate court week January 30th-February 3rd 2017

Wisconsin court system releases new juror orientation video



Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument February 15th, 17th and 28th and March 15th.

The next conference on pending petitions for review is February 13th.

Here are links to final Orders on Supreme Court Rules petitions.

Pending rules petitions include those scheduled for hearing or conference February 16th.

The Court of Appeals has oral argument scheduled for January 31st and March 8th, 20th, and 28th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders

Proposed Changes to Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure: Comment by Feb. 15, Inside Track



Wisconsin Judicial Council:

Sunday, January 22, 2017

Wisconsin appellate court week January 23rd-27th 2017

Fantasy League Competition is Underway, by Alan Ball, SCOWstats

Minutes of the Meeting December 16, 2016, Wisconsin Judicial Council



Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument February 15th, 17th and 28th.

The next conference on pending petitions for review is February 13th.

Here are links to final Orders on Supreme Court Rules petitions.

Pending rules petitions include those scheduled for hearing or conference February 16th.

The Court of Appeals has oral argument scheduled for January 31st and March 20th.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders

Proposed Changes to Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure: Comment by Feb. 15, Inside Track


Wisconsin Judicial Council:

Friday, January 20, 2017

Decline in Membership

Your State Bar column by George C. Brown, its executive director, in this month's Wisconsin Lawyer.
"For the first time since the Wisconsin Supreme Court created the mandatory bar association in 1957, the State Bar of Wisconsin is projected to lose membership during the 2017-2018 fiscal year (FY18), which runs from July 1, 2017 through June 30, 2018."

Wednesday, January 18, 2017

Hamilton’s Legal Writing Lessons

Stephanie L. Melnick, Melnick & Melnick S.C., Mequon, at this month's Wisconsin Lawyer.
"Hamilton was a talented and a prolific writer, drafting powerful and important political works – including 51 of the 85 Federalist Papers – while managing a legal practice. According to Ron Chernow, who wrote the biography Alexander Hamilton on which the musical is based, 'Words were [Hamilton’s] chief weapons... .'"

Monday, January 16, 2017

John Baker, 'The Electoral College: Scrap It, Change It, or Leave It Alone?' January 19, 2017

John S. Baker, Jr., Ph.D., will speak on 'The Electoral College: Scrap It, Change It, or Leave It Alone?' at a Noon luncheon Thursday, January 19, 2017 at the Milwaukee Athletic Club, 758 North Broadway.

Our speaker is Visiting Professor, Georgetown University Law Center, and Professor Emeritus, Louisiana State University Law Center. He is a frequent contributor to and participant in Federalist Society publications and events, including our chapter's February 23, 2012 and March 24, 2010 events.

The cost to attend, for those who reserve by January 17th, is $20 ($15 for students, teachers, judges and other government employees, clergy, and employees of nonprofits). After that date, the cost is $25. Reservations may be made in any of the following ways:

  • Visit EventBrite and make your reservation with credit card payment.
  • E-mail with payment at the door.
Seating is limited. Refunds cannot be given to those who reserve but do not attend.

Presented by the Milwaukee Lawyers Chapter.

Sunday, January 15, 2017

Wisconsin appellate court week January 16th-20th 2017

Supreme Court Digest, and Court of Appeals Digest, by Prof. Daniel D. Blinka and Prof. Thomas J. Hammer, Marquette University Law School, Milwaukee, Wisconsin Lawyer

Wisconsin Supreme Court accepts 13 new cases, Wisconsin Court System

Lawyer Discipline, Office of Lawyer Regulation, Wisconsin Lawyer

Justice Abrahamson and Bill Tyroler on Amicus Briefs, by Alan Ball, SCOWstats

Notice of Wisconsin Supreme Court Orders, Offic[i]al Notices, Wisconsin Lawyer



Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument January 17th and 19th, (see Synopses; a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage;) and February 15th, 17th and 28th.

The next conference on pending petitions for review is February 13th.

Here are links to final Orders on Supreme Court Rules petitions.

Pending rules petitions include those scheduled for hearing or conference February 16th.

The Court of Appeals has oral argument scheduled for January 31st.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders

Proposed Changes to Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure: Comment by Feb. 15, Inside Track


Wisconsin Judicial Council:

Sunday, January 8, 2017

Wisconsin appellate court week January 9th-13th 2016

Wisconsin Supreme Court Justice Annette Ziegler Running Unopposed: Lack Of Opponent Means Conservatives Will Retain 5-2 Majority On The Court, by Shawn Johnson, Wisconsin Public Radio

January case of the month, State v. Ozuna, 2015AP1877-CR



Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument January 11th, 17th and 19th, (see Synopses; a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage;) and February 15th, 17th and 28th.

The next conference on pending petitions for review is January 9th followed by February 13th.

Here are links to final Orders on Supreme Court Rules petitions.

Pending rules petitions include those scheduled for hearing or conference January 12th (Agenda; a link to live streaming audio of rule hearings and conferences is available; WisconsinEye has tentatively scheduled video coverage;) and February 16th.

The Court of Appeals has oral argument scheduled for January 31st.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders

Proposed Changes to Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure: Comment by Feb. 15, Inside Track


Wisconsin Judicial Council:

Wednesday, January 4, 2017

Don’t replace Constitution with judges

Rick Esenberg at the Milwaukee Journal Sentinel.
"The [Federalist] society has done much to advance 'originalism' — the idea that the Constitution should be read to mean what those who adopted it would have understood it to mean."

Sunday, January 1, 2017

Wisconsin appellate court week January 2nd-6th 2017

Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument January 11th, 17th and 19th, (see Synopses; a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage;) and February 15th, 17th and 28th.

The next conference on pending petitions for review is January 9th followed by February 13th.

Here are links to final Orders on Supreme Court Rules petitions.

Pending rules petitions include those scheduled for hearing scheduled for hearing or conference January 12th (Agenda; a link to live streaming audio of rule hearings and conferences is available;) and February 16th.

The Court of Appeals has oral argument scheduled for January 31st.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders


Wisconsin Judicial Council:

Wednesday, December 28, 2016

Wisconsin appellate court week December 26th-30th 2016

Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument January 11th, 17th and 19th, see Synopses; a link to live streaming audio of oral arguments is available; and February 15th, 17th and 28th.

The next conference on pending petitions for review is January 9th.

Here are links to final Orders on Supreme Court Rules petitions.

Pending rules petitions include those scheduled for hearing scheduled for hearing or conference January 12th and February 16th.

The Court of Appeals has oral argument scheduled for January 31st.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders


Wisconsin Judicial Council:

Wednesday, December 21, 2016

Micro-Symposium: Richard Posner's 'What is Obviously Wrong with the Federal Judiciary'

at The Green Bag,
"After Richard Posner gave the Green Bag’s readers a double dose of 'What Is Obviously Wrong With the Federal Judiciary,' [Part I; Part II] we invited them to comment on his comments on the courts. So did he: 'What I would most like to see would be criticism of the criticisms that I have made of the federal judiciary, and of the American legal culture more broadly, in this two-part article and at much greater length in Divergent Paths (and earlier books and articles). The Bluebook must have its defenders – let them defend their precious tome from me. And so must the awful legal jargon found in so many judicial opinions, and their verbosity; the superfluous headings and subheadings; the silly flourishes; the paeans to the adversary system; the pattern jury instructions; the standards of review; the dread of the italicized period; the spittoons behind the Supreme Court’s bench. The list goes on and on... But no; it seems I am to remain a voice crying in the wilderness. Pretty depressing. This micro-symposium should inspire in Posner both a new cheeriness and more of the same old depression.'"

Sunday, December 18, 2016

Wisconsin appellate court week December 19th-23rd 2016

Top 9 Recent Wisconsin Supreme Court Decisions, by Lisa M. Lawless, Husch Blackwell LLP, Milwaukee, Wisconsin Lawyer - December 2016

Lawyer Discipline, Office of Lawyer Regulation, Wisconsin Lawyer - December 2016

Court of Appeals Digest, by Prof. Daniel D. Blinka and Prof. Thomas J. Hammer, Marquette University Law School, Milwaukee, Wisconsin Lawyer - December 2016

Top 9 Recent Wisconsin Federal Court Decisions, by Michael B. Brennan, Gass Weber Mullins LLC, Milwaukee, Wisconsin Lawyer - December 2016

Seasonal Decor at the State Law Library, Library Highlights, Wisconsin State Law Library

Scott Walker ties himself to the Federalist Society, by Molly Beck, Wisconsin State Journal



Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument January 11th, 17th and 19th and February 15th, 17th and 28th.

The next conference on pending petitions for review is January 9th.

Here are links to final Orders on Supreme Court Rules petitions.

Pending rules petitions include those scheduled for hearing scheduled for hearing or conference January 12th.

The Court of Appeals has oral argument scheduled for January 31st.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders


Wisconsin Judicial Council:

Sunday, December 11, 2016

Wisconsin appellate court week December 12th-16th 2016

Prosser Candid About Court Dysfunction, by Jerry Bader, RightWisconsin

The Third Branch, fall 2016, quarterly newsletter of the Wisconsin Court System



Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument January 11th, 17th and 19th and February 15th, 17th and 28th.

The next conference on pending petitions for review is December 12th followed by January 9th.

Here are links to final Orders on Supreme Court Rules petitions.

Pending rules petitions include those scheduled for hearing scheduled for hearing or conference January 12th.

The Court of Appeals has oral argument scheduled for December 14th and January 31st.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders


Wisconsin Judicial Council:

Monday, December 5, 2016

Wisconsin appellate court week December 5th-9th 2016

Here are the lists of the Wisconsin Court System's links to any
as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument January 11th, 17th and 19th.

The next conference on pending petitions for review is December 12th.

Here are links to final Orders on Supreme Court Rules petitions.

Pending rules petitions include those scheduled for hearing scheduled for hearing or conference January 12th.

The Court of Appeals has oral argument scheduled for December 14th and January 31st.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders


Wisconsin Judicial Council: