Monday, December 22, 2014

Wisconsin appellate court week December 22nd-26th 2014

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

Supreme Court pending cases include those scheduled for oral argument January 8th, 9th and 14th and February 3rd, 4th and 5th.

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

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

Pending rules petitions include those scheduled for hearing or conference March 17th and April 28th .

The Court of Appeals has oral argument scheduled for February 5th.

Friday, December 19, 2014

800 Years of Magna Carta!

Final Thought column by John Skilton of Perkins Coie, Madison, in the latest issue of Wisconsin Lawyer

Without Standing, Are We All Sitting Ducks? - Event Video

2014 National Lawyers Convention video featuring Jonathan H. Adler, Amanda Cohen Leiter, Robert N. Weiner, Patrick Wyrick, A. Raymond Randolph, and Eileen O'Connor

Supreme Court Accepts Real Estate Commission Case and Nine Others

Posted at WisBar News

'United States v. Wong' and 'United States v. June' - Post-Argument SCOTUScast

Federalist Society SCOTUScast featuring Paul Figley, Associate Director of the Legal Writing and Rhetoric Program, American University Washington College of Law.
"On December 10, 2014, the Supreme Court heard oral argument in two related cases: United States v. Wong and United States v. June.

"In United States v. Wong the question is whether the six-month time bar for filing suit in federal court under the Federal Tort Claims Act, 28 U.S.C. § 2401(b), is subject to equitable tolling. In U.S. v. June, the question is whether the two-year time limit for filing an administrative claim with the appropriate federal agency under the Federal Tort Claims Act, 28 U.S.C. § 2401(b), is subject to equitable tolling."

Thursday, December 18, 2014

Top 10 Recent Wisconsin Federal Court Decisions

Michael B. Brennan of Gass Weber Mullins LLC, Milwaukee, in the latest issue of Wisconsin Lawyer

Showcase Panel III: Higher Education: Run for the Benefit of Students or Faculty or Administrators? - Event Video

2014 National Lawyers Convention video featuring Paul Campos, Daniel Polsby, Richard K. Vedder, and Thomas D. Morgan

The Third Branch - Fall 2014

The latest quarterly issue from the Director of State Courts Office
Amtrak and the Non-Delegation Doctrine in the Supreme Court - Podcast Federalist Society Practice Group Podcast featuring C. Frederick Beckner, Partner, Sidley Austin LLP.
"Congress passed the Passenger Rail Investment and Improvement Act (PRIIA) in 2008. Section 207 of PRIIA requires the Federal Railroad Administration and Amtrak to 'jointly develop' the metrics and standards for Amtrak’s performance that are used by the Surface Transportation Board to trigger the investigation of private freight railroads for failing to provide preferences for Amtrak passenger trains (as required by federal law) if Amtrak fails to meet the standards. Is PRIIA Section 207 an unconstitutional delegation of legislative power to a private entity? The D.C. Circuit said yes, concluding that the statute is the functional equivalent of granting General Motors the authority to write regulations covering its industry rivals. Will the Supreme Court agree and breathe life into the rarely invoked non-delegation doctrine?"

Wednesday, December 17, 2014

Finding the Middle Ground? Allowing Depositions in Criminal Cases

Kaivon Yazdani of Nistler & Condon s.c., Wauwatosa, in the latest issue of Wisconsin Lawyer

On rights, altruism & self-esteem: 14th Annual Barbara K. Olson Memorial Lecture - Event Video

2014 National Lawyers Convention video, address by John A. Allison, introduced by Eugene B. Meyer

Top 9 Recent Wisconsin Supreme Court Decisions

Beth Ermatinger Hanan of Gass Weber Mullins LLC, Milwaukee, in the latest issue of Wisconsin Lawyer

'Department of Transportation v. Association of American Railroads' - Post-Argument SCOTUScast

Federalist Society SCOTUScast featuring Alexander Volokh, Assistant Professor of Law, Emory University School of Law.
"On December 8, 2014, the Supreme Court heard oral argument in Department of Transportation v. Association of American Railroads. The question in this case is whether the Passenger Rail Investment and Improvement Act of 2008 unconstitutionally delegates legislative power to a putatively private entity--Amtrak--by involving it in the creation of standards used to determine whether freight railroads are according the preference to Amtrak’s passenger trains that is required by federal law regarding the use of rail lines."

Tuesday, December 16, 2014

How to Fix Wisconsin’s Broken Open Enrollment Program

CJ Szafir at the Wisconsin Institute for Law & Liberty, Milwaukee

Who Defines International Law? - Event Video

2014 National Lawyers Convention video featuring John Bellinger, Ryan Goodman, Michael W. Lewis, Deborah Pearlstein, John C. Yoo, Carlos T. Bea, and John O. McGinnis

GOP lawmakers consider John Doe law changes

The Associated Press reported at the Wisconsin Law Journal.

Supreme Court Oral Argument: 'State v. Anthony'

Video at WisconsinEye
"On December 9, 2014, the Wisconsin Supreme Court heard oral arguments in State of Wisconsin v. Eddie Lee Anthony at the Wisconsin State Capitol."

Monday, December 15, 2014

Attempt to hire court spokeswoman rankles some justices

Patrick Marley reported at the Milwaukee Journal Sentinel.
"State Supreme Court Chief Justice Shirley Abrahamson approved creating a $95,000 communications job and offered it to a former court employee without alerting other justices — a move that exceeded her power, some of her colleagues argue."

How First Amendment Procedures Protect First Amendment Substance - Event Video

2014 National Lawyers Convention video featuring Aaron H. Caplan, Robert A. Destro, Todd P. Graves, Alan B. Morrison, Eugene Volokh, David Stras, and Erik S. Jaffe

Advice to Avoid Criticizing Judges on Blogs Defeats the Premise of an Elected Judiciary

Charles W. Kramer has this letter to the editor among those in the Inbox feature in the latest issue of Wisconsin Lawyer.
"Our ethics rule follows the standard for libel set forth in N.Y. Times Co. v. Sullivan, 376 U.S. 254, 279-80 (1964), that is, in order to be actionable, a libel of a public official must be “made with ‘actual malice’ – that is, with knowledge that it was false or with reckless disregard of whether it was false or not.” Obviously, if the ethics rule forbade more conduct than actionable civil libel, there would be grave constitutional issues. Equally obviously, there is a great deal of room between silence and actionable libel for legitimate criticism of those who hold a public trust."
Dean R. Dietrich, Vice Chair, Professional Ethics Committee, and author of the ethics column "Keeping Blog Posts Ethically Clean" in the previous issue of Wisconsin Lawyer replies,
"My advice, however, is based on past experiences and contains a strong recommendation that a blogger should not criticize a judge in a blog post. There is a great risk in doing that from an ethics-prosecution perspective."

Wisconsin Legislative Spotlight - The Week of December 15, 2014

At the Legislative Reference Bureau,
"an overview of recent and upcoming activities in the Wisconsin Legislature"

Rewind for the week of December 8-12

Video at WisconsinEye,
"Senior Producer Steve Walters and WisPolitics.com editor JR Ross discussed the week that was in politics ..."

Wisconsin appellate court week December 15th-19th 2014

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

Supreme Court pending cases include those scheduled for oral argument January 8th, 9th and 14th and February 3rd, 4th and 5th.

The next conference on pending petitions for review is December 15th .

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

Pending rules petitions include those scheduled for hearing or conference March 17th and April 28th .

The Court of Appeals has oral argument scheduled for December 17th and February 5th.

Friday, December 12, 2014

Magna Carta: Muse & Mentor - Exhibition Video

At the Federalist Society, video:
"The Library of Congress celebrates the 800th anniversary of the first issue of Magna Carta with a 10-week exhibition, with the 1215 Lincoln Cathedral Magna Carta as its centerpiece. The Federalist Society is cosponsoring the exhibit."

Amtrak and the Resurgence of the Non-Delegation Doctrine? - Podcast

Federalist Society Practice Group Podcast featuring Ronald A. Cass, Michael E. Herz, and Brian Callanan
"Congress passed the Passenger Rail Investment and Improvement Act (PRIIA) in 2008. Section 207 of PRIIA requires the Federal Railroad Administration and Amtrak to 'jointly develop' the metrics and standards for Amtrak’s performance that are used by the Surface Transportation Board to trigger the investigation of private freight railroads for failing to provide preferences for Amtrak passenger trains (as required by federal law) if Amtrak fails to meet the standards. Is PRIIA Section 207 an unconstitutional delegation of legislative power to a private entity? The D.C. Circuit said yes, concluding that the statute is the functional equivalent of granting General Motors the authority to write regulations covering its industry rivals. The Supreme Court will have a chance to consider the question in Department of Transportation v. Association of American Railroads ... ."

Address by Orrin Hatch - Event Video

2014 National Lawyers Convention video, with Sen. Orrin Hatch, introduced by Leonard A. Leo

Senator Hatch's office posted the prepared text.

Zivotofsky v. Kerry - Post-Argument SCOTUScast

Federalist Society SCOTUScast featuring Eugene Kontorovich, Professor of Law, Northwestern University School of Law.
"On November 3, 2014, the Supreme Court heard oral argument in Zivotofsky v. Kerry. This case concerns Section 214(d) of the Foreign Relations Authorization Act of 2003, which directs the Secretary of State, upon request, to record the birthplace of an American citizen born in Jerusalem as born in 'Israel' on a Consular Report of Birth Abroad and on a United States passport. The question before the Court is whether this provision unconstitutionally infringes on the President’s power to recognize foreign sovereigns."

The Circuit Rider - December 2014

Latest issue of the Journal of the Seventh Circuit Bar Association

Thursday, December 11, 2014

Balancing Patent Rights and Litigation Abuses - Event Audio/Video

'Patents and Innovation: Addressing Current Issues' conference video featuring F. Scott Kieff, Adam Mossoff, Noah Phillips, and Dean A. Reuter

On Human Potential: Address by Carly Fiorina - Event Video

2014 National Lawyers Convention video, with Carly Fiorina, introduced by Dean A. Reuter

The Regulatory Reach of the FTC, at its International Implications - Event Audio/Video

'Patents and Innovation: Addressing Current Issues' conference video featuring Alden Abbott, Joshua D. Wright, Paul R. Michel, and Dean A. Reuter

Elonis v. United States - Post-Argument SCOTUScast

Federalist Society SCOTUScast featuring Kent S. Scheidegger, Legal Director & General Counsel, Criminal Justice Legal Foundation.
"On December 1, 2014, the Supreme Court heard oral argument in Elonis v. United States. The question in this case is twofold. First, this case asks whether the First Amendment requires proof of the defendant’s subjective intent to threaten in order to convict someone of threatening another person under 18 U.S. C. § 875(c), or whether it is sufficient to demonstrate that a 'reasonable person' would consider the statement to be threatening. The second question in this case is whether, as a matter of statutory interpretation, conviction of another person requires proof of the defendant’s subjective intent to threaten."

Wednesday, December 10, 2014

Keynote Address by Richard Epstein - Event Audio/Video

'Patents and Innovation: Addressing Current Issues' conference video with Richard A. Epstein, introduced by Dean A. Reuter

Credit to Cronies: Government’s Heavy—IF Hidden—Hand - Event Video

2014 National Lawyers Convention video featuring Edward J. DeMarco, Bert Ely, Paul H. Kupiec, Paul S. Atkins, and Wayne A. Abernathy

Immigration: The Limits of Executive Authority - Podcast

Federalist Society Practice Group Podcast featuring John S. Baker, Jr., John C. Eastman, Margaret D. Stock, and John C. Yoo

Amendments to federal court rules effective December 1, 2014:

Appellate Rule 6; Bankruptcy Rules 1014, 7004, 7008, 7054, 9023, and 9024; Civil Rule 77; Criminal Rules 5, 6, 12, 34, and 58; and Evidence Rules 801(d)(1)(B) and 803(6)–(8); details at U.S. Courts (via Seventh Circuit Bar Association)

Supreme Court Open Rules Conference - December 5, 2014

Open Rules Petition Conference video at WisconsinEye (see Agenda)

Tuesday, December 9, 2014

Bank Robbery and Kidnapping -- Whitfield v. United States - Podcast

Federalist Society Practice Group Podcast featuring John G. Malcolm, Director and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation.
"In 2008, Larry Whitfield attempted to rob a credit union. In the aftermath of the attempted bank robbery, Mr. Whitfield hid from the police in the home of seventy-nine-year-old Mary Parnell. After entering her home, Mr. Whitfield assured Ms. Parnell that he did not intend to harm her and asked her to move with him several feet from the hallway into the home’s computer room so that the police wouldn’t see him. Ms. Parnell suffered a fatal heart attack shortly thereafter. The federal bank robbery statute, in 18 U.S.C. § 2113(e), provides that a bank robber who 'forces another person to accompany him' will receive between ten years and life in prison. Among other crimes related to the attempted bank robbery, Mr. Whitfield was found guilty of one count of 'forced accompaniment' and sentenced to twenty-two years in prison. In Whitfield v. United States, the Supreme Court will answer whether the statute requires proof of more than a de minimis movement of the victim. Will the Court be skeptical of another possibly overzealous federal prosecution as it was in both Bond v. United States and Yates v. United States, or will the severity of Mr. Whitfield’s crimes help convince the Justices of the validity of the government’s position?"

'Let's Begin By Understanding Where We Are'

CJ Szafir posted at Wisconsin Institute for Law & Liberty which
"has released a report that examines existing academic performance measurements on private schools in the choice program."

Criminal Sentencing Reform: A Conversation among Conservatives - Event Video

2014 National Lawyers Convention video featuring Marc A. Levin, John G. Malcolm, Michael B. Mukasey, William G. Otis, and William H. Pryor Jr.

Wisconsin Judicial Council meeting December 12, 2014

The Council has posted its Agenda along with those of the meetings of the Appellate Procedure Committee on December 12, 2014, the Criminal Procedure Committee on January 13, 2015, and the Evidence & Civil Procedure Committee on January 16, 2015.

T-Mobile South, LLC v. City of Roswell - Post-Argument SCOTUScast

Federalist Society SCOTUScast featuring Megan Brown, Partner, Wiley Rein LLP.
"On November 10, 2014, the Supreme Court heard oral argument in T-Mobile South, LLC v. City of Roswell. This case concerns whether a document from a state or local government stating that an application has been denied, but listing no reasons for the denial, can satisfy the Communications Act’s 'in writing' requirement."

The dangers of John Doe

On the Defensive column by Anthony Cotton at the Wisconsin Law Journal.

Legislative Council Special Committee on State-Tribal Relations - December 4, 2014

Video at WisconsinEye
"On December 4, 2014 the Legislative Council held a meeting for State-Tribal Relations, discussing issues including Safe Haven Law and Indian Child Welfare Act, Participation of a Tribal College in the Public Library System, Authorizing a Tribal College to Charter a School, Tribal College Funding, and Recognition of Tribal Identification Cards."

Monday, December 8, 2014

Challenger criticizes Justice Bradley's judicial philosophy

Patrick Marley reported at the Milwaukee Journal Sentinel on Rock County Circuit Judge James Daley's criticism of Justice Ann Walsh Bradley and her response.

Law Student Shoots and Kills Classmate in Challenging Mock Trial Criminal Case

2:00 pm Andrea Gage, public relations coordinator at the State Bar of Wisconsin, at Rotunda Report

The Facebook Threat Case -- Elonis v. United States - Podcast

Federalist Society Practice Group Podcast featuring Kent S. Scheidegger, , Legal Director & General Counsel, Criminal Justice Legal Foundation.
"Anthony Douglas Elonis was convicted and sentenced to forty-four months in prison for a series of 2011 Facebook posts that prosecutors argued were in violation of a federal law making it a crime to 'transmit in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another.' In Elonis v. United States, argued on December 1, 2014, the Court will answer whether conviction of threatening another person under 18 U.S.C. § 875(c) requires proof of the defendant's subjective intent to threaten, or whether it is enough to show that a 'reasonable person' would regard the statement as threatening, as both a First Amendment and a statutory interpretation issue. Anthony Elonis argues that his postings on Facebook were not 'true threats' because he actually had no 'subjective intent to threaten another person.' Several of his supporters allege that 'genre of artistic expression through which a message is conveyed is relevant to a court’s evaluation of alleged threats,' and that Mr. Elonis’ posts, many of which identify him as an 'aspiring rapper' and take the form of rap lyrics, are protected artistic expression. The government argues that Mr. Elonis’s statements were properly judged by two measures: first, did he make his statements intentionally (without regard to what he was thinking), and, second, would 'a reasonable person' read the words used and their context as conveying to the target of the message that they would be injured or killed?"

State Bar Board Discusses E-filing and Redaction Proposals, Takes Other Actions

1:00 WisBar News reports on last Friday's meeting.

Sexual Assault on Campus - Event Video

2014 National Lawyers Convention video featuring Heather MacDonald, Seth Galanter, Lara S. Kaufmann, Greg Lukianoff, Diane S. Sykes, and Gail Heriot

Hamilton Political Tidbits - December 5, 2014

Posted at Hamilton Consulting Group, Madison

Wisconsin Legislative Spotlight - The Week of December 8, 2014

Posted at the Legislative Reference Bureau

Rewind - the week of December 1st-5th

Video at WisconsinEye
"On December 5, 2014, Senior Producer Steve Walters and WisPolitics.com editor JR Ross discussed the week that was in politics from December 1-5 in this week's edition of the Rewind."

Wisconsin appellate court week December 8th-12th 2014

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

Supreme Court pending cases include those scheduled for oral argument December 9th [see Agenda] (a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage) and January 8th, 9th and 14th and February 3rd, 4th and 5th.

The next conference on pending petitions for review is December 15th .

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

Pending rules petitions include those scheduled for hearing or conference March 17th and April 28th .

The Court of Appeals has oral argument scheduled for December 17th.

Friday, December 5, 2014

NY Court: Chimps not 'persons' with human rights

Bob Kohn reports at the Center for the Study of The Great Ideas on the decision of New York's Appellate Division in People ex rel Non-human Rights Project Inc. v. Lavery (December 4, 2014, 518336).

Showcase Panel II: Intergenerational Equity and Social Security, Medicare, Obamacare, and Pensions - Event Video

2014 National Lawyers Convention video featuring Christopher C. DeMuth, John O. McGinnis, David A. Weisbach, and Frank H. Easterbrook

The Contraception Mandate and the Forgotten Constitutional Question

Zoe Robinson in the latest issue of Wisconsin Law Review.

Thursday, December 4, 2014

Diversity Jurisdiction from Strawbridge to CAFA - Event Video

2014 National Lawyers Convention video featuring Charles J. Cooper, Edith H. Jones, J. Harvie Wilkinson III, and Dean A. Reuter

'Yates v. United States' - Post-Argument SCOTUScast

Federalist Society SCOTUScast featuring Todd Braunstein.
"On November 5, 2014, the Supreme Court heard oral argument in Yates v. United States. This case concerns whether Mr. Yates was given fair notice that throwing undersized fish back into the Gulf of Mexico during the course of an investigation would violate the 'document shredding provision' of the Sarbanes-Oxley Act, which makes it a crime for anyone who 'knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object' with the intent to impede or obstruct an investigation."

Reflections On The Spearfishing Cases

Judge Barbara B. Crabb's reflections were republished in the latest issue of Rule 1, newsletter of the Western District of Wisconsin Bar Association.

Wednesday, December 3, 2014

Competition Policy in the Telecommunications Space - Event Video

2014 National Lawyers Convention video featuring Gene Kimmelman, Maureen K. Ohlhausen, Michael O'Rielly, Christopher S. Yoo, and Stephen F. Williams

'Overruled: The Long War for Control of the U.S. Supreme Court' - Event Video

Federalist Society video of the is event, co-sponsored by the Charles Koch Institute and Reason, featuring Damon Root, interviewed by Neomi Rao.
"Damon Root discusses his new book, Overruled: The Long War for Control of the U.S. Supreme Court, in which the Reason senior editor asks the question: can the federal government make you eat your fruits and vegetables?

"Does the Constitution empower the Supreme Court to actively protect individual rights from the whimsy and overreach of lawmakers? The debate over judicial restraint vs. judicial activism is at the heart of Overruled, which makes a bold case for libertarian judicial activism—the notion that the courts should swat away unwarranted and indefensible incursions on our rights to life, liberty, and the pursuit of happiness."

How Progressives Rebuild

Ruth Conniff posted at The Progressive.

Tuesday, December 2, 2014

Time to Revisit 'Chevron' Deference? - Event Video

2014 National Lawyers Convention video featuring Jack Beermann, Charles J. Cooper, Thomas W. Merrill, Amy Wildermuth, Don R. Willett, and Rachel Brand

Johnson v. United States - Post-Argument SCOTUScast

Federalist Society SCOTUScast featuring Richard Myers, Distinguished Professor of Law at the University of North Carolina School of Law.
"On November 5, 2014, the Supreme Court heard oral argument in Johnson v. United States. This case concerns whether mere possession of a short-barreled shotgun should be treated as a violent felony under the Armed Career Criminal Act."

The Bad Law That A Silly Lawsuit Has Exposed

Rick Esenberg posted at Right Wisconsin.

Monday, December 1, 2014

The President's Duty to Take Care that the Law Be Faithfully Executed - Event Video

2014 National Lawyers Convention video featuring John S. Baker, Jr., Ronald A. Cass, Neal E. Devins, Christopher Schroeder, Thomas B. Griffith, and John C. Eastman

Wisconsin appellate court week December 1st-5th 2014

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

Supreme Court pending cases include those scheduled for oral argument December 4th and 9th and January 8th, 9th and 14th and February 3rd, 4th and 5th.

The next conference on pending petitions for review is December 15th .

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

Pending rules petitions include those scheduled for hearing or conference December 5th [Agenda] (a link to live streaming audio of rule hearings and conferences is available.

The Court of Appeals has oral argument scheduled for December 17th.

Wednesday, November 26, 2014

The Minimum Wage - Event Video

Federalist Society 2014 National Lawyers Convention video featuring Featuring Ross Eisenbrey, Diana Furchtgott-Roth, Karen R. Harned, David Weil, and William F. Kuntz, II
"In January 2014, in his State of the Union Address, President Obama called on Congress to raise the national minimum wage to $10.10 an hour. In February, President Obama used his pen to raise the minimum wage for employees working on government contracts to $10.10 through an Executive Order. This panel will explore the policy and economics of increasing the minimum wage, which the White House asserts will lift wages for millions of Americans and boost the bottom lines of businesses."

The Justice Department becomes a schoolyard bully in Wisconsin

George Will at The Washington Post
"Religious schools are exempt from certain requirements of the Americans With Disabilities Act. And the ADA section that Washington is commanding the DPI to enforce against the choice schools applies only to 'public entities.' Undaunted by inconvenient law, federal lawyers argue that because public funds, in the form of tuition vouchers empowering parents to make choices, flow to private schools, the schools become 'public entities.'

"WILL [Wisconsin Institute for Law & Liberty] responds that this is like arguing that when food stamps are used for purchases at Wal-Mart, America’s largest private employer ceases to be private — it becomes an extension of the government. Inconveniently for the Justice Department, the U.S. Supreme Court has said the fact that a 'private entity performs a function which serves the public does not make its acts state action.' The Supreme Court has held that, under voucher programs, government does not place children in schools; the placements are made by parents empowered by vouchers."

(via Althouse)

Raising Wisconsin's Minimum Wage - Who would be helped? Who would be hurt?

Andrew Hanson, Ph.D., and Ike Brannon, Ph.D., at the latest WPRI Report

Tuesday, November 25, 2014

Should Judges Judge?: The Affordable Care Act, Subsidies, and Judicial Engagement

William R. Maurer, Executive Director, Institute for Justice Washington Chapter, at Engage: The Journal of the Federalist Society Practice Groups

Copyright Revision - Event Video

Federalist Society 2014 National Lawyers Convention video featuring Danielle M. Aguirre, Usman Ahmed, David S. Olson, Katherine A. Oyama, Mark F. Schultz, and Douglas H. Ginsburg
"The U.S. Supreme Court has in the past several years begun to take several intellectual property cases each term, often including important copyright cases, like last term’s American Broadcasting Companies, Inc. v. Aereo, Inc. At the same time, the legislature has already substantially revised patent rights, seems to be ready to revisit patent rights yet again, and is poised to consider revisions to copyright. On the table seem to be issues of the length of copyright term, fair use, and more. Our panel of experts will discuss the past present and future of IP and copyright."

WDC Journal - Winter 2014

Now available at Wisconsin Defense Counsel

Chief Justice: Wisconsin's judges deserve a raise

Bruce Vielmetti, Milwaukee Journal Sentinel, posted at Proof and Hearsay.

For comparison, here are Wisconsin Real Median Household Income Trends since 2005 at the Department of Numbers.

Monday, November 24, 2014

Bitcoin Taxation: Recommendations to Improve the Understanding and Treatment of Virtual Currency

Erin M. Hawley, Associate Professor, University of Missouri School of Law, and Joseph J. Colangelo, Executive Director, Consumers’ Research, at Engage: The Journal of the Federalist Society Practice Groups

Religious Liberty after Hobby Lobby - Event Video

Federalist Society 2014 National Lawyers Convention video featuring Kim Colby, William P. Marshall, Robin Fretwell Wilson, Diarmuid F. O'Scannlain, and William L. Saunders
"The U.S. Supreme Court’s 2013-14 Term included two major religion cases, Town of Greece v. Galloway and Burwell v. Hobby Lobby. In Galloway, the Court held that prayers offered by local clergy at the start of town board meetings did not violate the Establishment Clause. In Hobby Lobby, the Court held that the Religious Freedom Restoration Act required that corporations whose owners object to the HHS contraceptive mandate be exempt from it. The panel will explore, from a range of perspectives, the significance of Hobby Lobby and the religious freedom jurisprudence of the Roberts Court. Among the topics to be considered are the analysis under RFRA of the government’s compelling interest and the narrow tailoring requirements, the interplay between religious exemptions and the Establishment Clause, emerging issues at the intersection of religious freedom and anti-discrimination laws, ongoing challenges to the HHS contraceptive mandate, and the legacy of Hobby Lobby for future First Amendment and religious freedom cases."

Hamilton Political Tidbits - November 21, 2014

Posted at Hamilton Consulting Group, Madison

Wisconsin Legislative Spotlight - The Week of November 24, 2014

Posted at the Legislative Reference Bureau

Rewind - the week of November 17th-21st

Video at WisconsinEye
"On November 21, 2014 Senior Producer Steve Walters and Wispolitics.com editor JR Ross discussed the week of politics in a special budget version of the Rewind by playing 'Wisopoly.' They discussed the upcoming budget deficit and how the money from GPR will be used to pay our current obligations and also how to deal with agency requests centering on the recent budget requests from the Department of Health Services, Department of Public Instruction, Department of Transportation, and the UW System."

Wisconsin appellate court week November 24th-28th 2014

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

Supreme Court pending cases include those scheduled for oral argument December 4th and 9th and January 8th, 9th and 14th and February 3rd, 4th and 5th.

The next conference on pending petitions for review is December 15th .

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 December 17th.

Friday, November 21, 2014

The Short-Termism Debate - Event Video

Federalist Society 2014 National Lawyers Convention video beaturing Lucian Bebchuk, Jonathan R. Macey, Robert T. Miller, Steven A. Rosenblum, and E. Norman Veasey
"For thirty years, the economic analysis of corporate law has been based on the assumption that shareholder value is a reliable proxy for social welfare. However, for some time now, the large majority of the shares in some public companies have been held by institutional investors, including pension funds and mutual funds. These investors have some incentive to favor short-term profits at the expense longer-term benefits. Can shareholder value still be reliably equated with social welfare? Or does the current incentive structure encourage the misallocation of resources and a net social loss?"

Legislative Council Study Committee on Tax Incremental Financing

Video at WisconsinEye,
"On November 13, 2014, the Legislative Council Study Committee on Tax Incremental Financing held a public meeting to discuss ideas for pending legislation for the 2015-2017 session. The will discuss WLC: 0018/P2, relating to standing joint review boards, annual joint review board meetings, annual reports on tax incremental districts submitted to joint review boards and the department of revenue, department of revenue audits of political subdivisions failing to comply with annual reporting requirements, and granting rule-making authority; WLC: 0035/P1, relating to industrial zoning requirements in a tax incremental district; WLC: 0036/P1, relating to planning commission notice for amendment of a tax incremental district project plan; WLC: 0037/P1, relating to the department of revenue review and determination of industry-specific town tax incremental district project compliance; and WLC: 0038/P1, relating to authorizing any tax incremental district to use allocated tax increments donated from another tax incremental district."

Thursday, November 20, 2014

Showcase Panel I: Youth, Employment, and the Law - Event Video

Federalist Society 2014 National Lawyers Convention video featuring Richard A. Epstein, Chai Feldblum, Gail Heriot, J.H. "Rip" Verkerke, and Jennifer Walker Elrod
"This panel will examine intergenerational equity issues raised by employment discrimination laws, including those protecting the elderly from discrimination. Those laws, minimum wage laws, laws favoring unionization, and laws countering arbitrary dismissal have obvious appeal. But many of those very laws greatly raise the costs to business of entry-level hiring. One consequence may be that many young people are only able to enter the work force as interns or fellows. This may be especially true for minorities. Are these costs worth the benefits? Is there some middle ground?"

Supreme Court Oral Argument: State v. Griep

Video at WisconsinEye,
"On November 12, 2014, the Wisconsin Supreme Court held the oral argument, State v. Michael R. Griep at the state Capitol."