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."

Wednesday, November 19, 2014

2014 National Lawyers Convention Opening with Justice Scalia - Event Video

Federalist Society 2014 National Lawyers Convention video featuring Associate Justice Antonin Scalia, who discussed the importance of Magna Carta.

Supreme Court Oral Argument: Office of Lawyer Regulation v. Hammis

Video at WisconsinEye,
"On November 12, 2014, the Wisconsin Supreme Court heard oral arguments in the case of Office of Lawyer Regulation v. James E. Hammis, at the state Capitol."

Tuesday, November 18, 2014

Supreme Court Cert Alert: Obamacare Case Granted, BP Case Pending - Podcast

Federalist Society Practice Groups Podcast featuring Jonathan H. Adler, Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law, and John S. Baker, Jr., John S. Baker, Jr. Visiting Professor at the Georgetown University Law Center and Professor Emeritus at LSU Law School
"On Friday, November 7, the U.S. Supreme Court granted a petition for cert in King v. Burwell, the Fourth Circuit Court of Appeals case concerning the payment of subsidies to participants in federally-run versus state-run health care exchanges. Many believe a decision that cuts against the government's interpretation of the statute could undermine Obamacare. A temporary circuit split on the issue was obviated weeks ago when the D.C. Circuit Court of Appeals agreed to en banc review of a three-judge panel decision that reached a result different than had the Fourth Circuit. Our experts discussed why the Court agreed to hear a case that upheld a federal government interpretation of a federal statute."

Legislative Council Study Committee on the SAGE Program

Video at WisconsinEye,
"On November 10, 2014 the Legislative Council Study Committee held a meeting on the SAGE program and discussed drafting bills WLC: 0026/1, relating to one-year extension of student achievement guarantee in education program contracts; and WLC: 0027/2 relating to achievement gap reduction contracts requiring one-to-one tutoring for low-income pupils, instructional coaching for teachers, or small class size and professional development."

Monday, November 17, 2014

Omnicare v. Laborers District Council Construction Industry Pension Fund - Post-Argument SCOTUScast

Federalist Society SCOTUScast featuring George Conway, Partner, Wachtell Lipton Rosen & Katz
"On November 3, 2014, the Supreme Court heard oral argument in Omnicare v. Laborers District Council Construction Industry Pension Fund. This case concerns Section 11 of the Securities Act of 1933, which authorizes suit by a purchaser of securities issued under a registration statement filed with the Securities and Exchange Commission--if the registration statement 'contained an untrue statement of material fact or omitted to state a material fact required to be stated therein or necessary to make the statement therein not misleading.'

"The question here is whether a Section 11 plaintiff may plead that a statement of opinion was 'untrue' merely by alleging that the opinion itself was objectively wrong, as the Sixth Circuit has concluded, or whether the plaintiff also must allege that the statement was subjectively false – requiring allegations that the speaker’s genuinely held opinion was different from the one expressed – as the Second, Third, and Ninth Circuits have held."

Federal Health Care Law — Renewal Process

Frequently Asked Questions, at the Wisconsin Commissioner of Insurance

Wisconsin Legislative Spotlight - The Week of November 17, 2014

Posted by the Legislative Reference Bureau

Rewind - the week of November 10th-14th

Video at WisconsinEye,
"Senior Producer Steve Walters from WisconsinEye and JR Ross of Wispolitics.com discussed the week of politics"

Wisconsin appellate court week November 17th-21st 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.

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 November 17th [Agenda] (a link to live streaming audio of rule hearings and conferences is available; Wisconsin Eye has tentatively scheduled video coverage).

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

Friday, November 14, 2014

The BP Gulf Oil Spill Class Settlement: Redistributive “Justice”?

Federalist Society White Paper by John S. Baker, Jr., Visiting Professor, Georgetown University Law Center and Professor Emeritus, LSU Law School

Legislative Council Study Committee on the Transfer of Structured Settlement Payments

Video at WisconsinEye
"On November 6, 2014 the Legislative Council Study Committee held a meeting to discuss the transfer of structured settlement payments."

Thursday, November 13, 2014

Pro Bono Spotlight: Margaret Maroney on “How Fidel Castro Led Me to My Pro Bono Calling”

Posted at Inside Track
"My work as an appellate state public defender introduced me to immigration law. In 1980, thousands of Cubans fled Fidel Castro's Cuba to the United States in small boats from the Port of Mariel. The U.S. government sought to return any Marielito, like my client, who ended up in a Wisconsin prison. A committee of pro bono attorneys, including me, represented Marielitos in deportation proceedings."

Something Fishy in Sarbanes-Oxley? Yates v. United States - Podcast

Federalist Society Practice Group Podcast featuring Todd F. Braunstein, Counsel, WilmerHale
"At issue in Yates v. United States is the 'anti-shredding' provision of the Sarbanes-Oxley Act which makes it a federal crime if one '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 a federal criminal investigation. John Yates was criminally prosecuted because he allegedly destroyed three fish that were too small to be caught legally. According to Mr. Yates, his prosecution was improper because he could not have had fair notice that a fish would be considered a 'tangible object'."

Supreme Court Oral Argument: Anderson v. Aul

Video at WisconsinEye
"On November 5, 2014, the Wisconsin Supreme Court heard oral arguments in Melissa Anderson v. Thomas Aul, et al. at the Wisconsin State Capitol."

Wednesday, November 12, 2014

Off the Sideline and Into the Arena: Nomination Committee Invites Input for President-elect, Treasurer, and Judicial Council Positions

Nomination Committee chair D. Michael Guerin posted at Inside Track.
"The duties of the offices for which the Committee seeks candidates are not onerous. There are relatively few Board of Governors’ meetings per year and the professional staff of the State Bar does everything possible to assist the elected officers and governors, including preparing full reports on any agenda items that are going to be addressed at the next meeting among other work."

EPA’s Section 111(d) Carbon Rule: What if States Just Said No?

Federalist Society White Paper by Peter Glaser, Carroll W. McGuffey, and Hahnah Williams Gaines, of Troutman Sanders LLP
"This White Paper discusses the latest proposal of the Environmental Protection Agency to regulate greenhouse gases from the nation’s coal-fired power plants. In that proposal, promulgated under Section 111(d) of the Clean Air Act (CAA), EPA seeks to compel States to become the enablers of the Administration’s vision of what a “transformed”—and much more costly and unreliable—electric utility system should be. The question is, what if States refuse to go along? What if States refuse to give EPA the aggressive carbon-reduction plans the Agency is demanding?"

Supreme Court Oral Argument: State v. Harrison

Video at WisconsinEye
"On November 5, 2014, the Wisconsin Supreme Court heard oral arguments in State of Wisconsin v. Richard H. Harrison at the Wisconsin State Capitol."

Tuesday, November 11, 2014

State Bar Seeks Candidates for Officers, District Governors, and Divisions in 2015 Elections

Posted at Inside Track
"The State Bar will elect a president-elect, a treasurer, and a Judicial Council representative in 2015. The State Bar Nomination Committee will announce its slate of candidates by Dec. 15."

How Free Should Trade Be? - Event Audio/Video

International Law Weekend 2014 Podcast featuring Celeste Drake, John O. McGinnis, Grover Joseph Rees III, and Matthew R.A. Heiman

Supreme Court Oral Argument: State v. Delebreau

Video at WisconsinEye
"On November 5, 2014, the Wisconsin Supreme Court heard oral arguments in State of Wisconsin v. Jesse J. Delebreau at the Wisconsin State Capitol."

Monday, November 10, 2014

Diverse Leadership = Strong, Effective Group

President's Message column by Robert R. Gagan, State Bar president, at the latest issue of Wisconsin Lawyer
"I can think of no better term for our goals regarding the American ideals of diversity and inclusion – we want to institutionalize them. I can think of no better way to institutionalize these two concepts than by having our State Bar leadership and committees reflect the diversity and inclusivity of our membership. It is therefore incumbent upon all of us to institutionalize diversity and inclusivity in our leadership."

Republicans Ride Election Wave to Sizeable Majorities in Assembly and Senate

State Bar Government Relations Coordinator Cale Battles posted at Rotunda Report.

Newsmakers: Brad Schimel, Wisconsin Attorney General-Elect

Video at WisconsinEye
"On November 5, 2014, Senior Producer Steve Walters interviewed Wisconsin Attorney General-Elect Brad Schimel in a Newsmakers program in the Senate Parlor at the Wisconsin State Capitol."

Capitol Roundtable: Election Analysis

Video at Wisconsin Eye
"On November 7, 2014, Senior Producer Steve Walters hosted a Capitol Roundtable to discuss and analyze the November 4th elections. Featured panelists included Bob Hague, Scott Bauer, Mary Spicuzza, Shawn Johnson, and Patrick Marley."

Newsmakers: Post-Election Analysis with Patrick Marley and Jason Stein

Video at WisconsinEye
"On November 5, 2014, Senior Producer Steve Walters hosted a post-election analysis Newsmakers program with Capitol reporters Patrick Marley and Jason Stein."

Wisconsin Legislative Spotlight - The Week of November 10, 2014

Posted by the Legislative Reference Bureau

Wisconsin appellate court week November 10th-14th 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 November 12th, see Synopsis, and December 4th and 9th and January 8th, 9th and 14th (a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage).

The next conference on pending petitions for review is November 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 December 17th.

Friday, November 7, 2014

Right to Work in the Midwest

Federalist Society Podcast featuring Milton L. Chappell, Staff Attorney, National Right to Work Legal Defense Foundation

Thursday, November 6, 2014

Randy E. Barnett 'Our Republican Constitution: Securing the Sovereignty of the People' November 6, 2014

[latest posts follow this event notice]

Randy E. Barnett will speak on 'Our Republican Constitution: Securing the Sovereignty of the People' at a Noon luncheon Thursday, November 6, 2014 at the Milwaukee Athletic Club, 758 North Broadway.

Mr. Barnett is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, where he directs the Georgetown Center for the Constitution. He is a frequent contributor to and participant in Federalist Society publication and events, including our chapter's February 4, 2005 event.

Reservations may be made by

Updated Guidance Regarding the U.S. Department of Health and Human Services Transitional Policy

Bulletin to All Insurers Authorized to Write Health Insurance in Wisconsin from the Wisconsin Commissioner of Insurance;
"Confusion regarding the federal transitional policy has occurred due to the revolving federally mandated definitions for product and plan."

Wednesday, November 5, 2014

Integrity Staffing Solutions v. Busk - Post-Argument SCOTUScast

This Federalist Society SCOTUScast features Karen Harned, Executive Director of the National Federation of Independent Business Small Business Legal Center.
"This case concerns whether time employees spend undergoing mandatory security screenings after work is compensable under the Fair Labor Standards Act, as amended by the Portal-to-Portal Act, which clarifies that certain activities are generally not compensable working time under the FLSA."

Congress Begins to Consider a New Communications Act

Randolph J. May, President, The Free State Foundation, in Engage: The Journal of the Federalist Society Practice Groups

Tuesday, November 4, 2014

Employee Security Screening: The Supreme Court to Decide Who Pays - Podcast

Federalist Society Practice Group Podcast, featuring Karen R. Harned, Executive Director of the National Federation of Independent Business Small Business Legal Center;
"The case involves a dispute between Nevada warehouses and their employees. The warehouses fill orders for Amazon.com customers. At the conclusion of shifts, employees spend time being screened to make sure they haven’t stolen anything from the shelves or the bins, a company requirement before they leave for the day. The company refers to this process as 'inventory control.' Employees claim that the time spent undergoing the screening is compensable under the Fair Labor Standards Act, while the employer asserts that the screening procedure is analogous to the time employees spend clocking out on their way out the door, and is not compensable. Employers also assert that they must be able to protect their businesses with security measures without having to choose between security and compensating employees for their time going from point A to point B, which would raise operating costs."

One fish. Two fish. Three fish. Guilty.

Paul J. Larkin, Jr., Senior Legal Research Fellow, Center for Legal and Judicial Studies, The Heritage Foundation, with a guest post at ACSblog on the November 5, 2014 U.S. Supreme Court oral argument scheduled in Yates v. United States.
"In 2007, John Yates was the captain of the Miss Katie, a commercial fishing boat working in the Gulf of Mexico. John Jones, a federally deputized Florida Fish and Game Wildlife Commission officer, was patrolling offshore. He saw the Miss Katie, boarded it to conduct a safety inspection, and found some undersized red grouper. He told Yates to put the grouper aside for reinspection when he returned to port, but Yates decided retroactively to adopt a 'catch-and-release' program. Yates threw the undersized fish overboard, and replaced them with fish that were large enough to be caught. Bad move.

"Catching undersized grouper is not a crime; it’s subject to only a fine and maybe a fishing license suspension. But the government charged Yates with violating the Sarbanes-Oxley Act by destroying a 'tangible object' in order to obstruct a federal civil investigation -- a crime punishable by up to twenty years’ imprisonment."

Monday, November 3, 2014

AG Candidates Happ and Schimel Note Differences in Final Debate

Joe Forward reported at WisBar News.

And Todd Richmond of the Associated Press reported Attorney general candidates spar on campaign coordination, at the Wisconsin Law Journal.

Judge Niess on CLE

Patrick Marley's reported last week in the Milwaukee Journal Sentinel on Dane County Circuit Judge Richard Niess's ruling requiring disclosure of state Department of Justice training videos. Waukesha County District Attorney and Republican candidate for Attorney General Brad Schimel was the instructor. Disclosure is sought by the state Democratic Party. Judge Niess commented, in passing,
"It's like any other (continuing legal education) program. After a while, your eyes start to glaze over."

News Conference: Judge Jim Daley to Run for Wisconsin Supreme Court

Video at WisconsinEye,
"On October 27, 2014, Judge Jim Daley, Rock County Circuit Court, Branch 1, announced his candidacy to run for Wisconsin Supreme Court. The election is April 7, 2015."
And see Daley Announces Supreme Court Run, at Hamilton Consulting Group, Madison.

Rewind - the week of October 27-31

"Senior Producer Steve Walters and WisPolitics editor JR Ross recapped Wisconsin politics for the week of October 27-31 at the WisconsinEye Studios in Madison."

Hamilton Political Tidbits- October 31, 2014

Posted by the Hamilton Consulting Group, Madison

Wisconsin appellate court week November 3rd-7th 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 November 5th and 12th, see Synopsis, and December 16th and 17th (a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage).

The next conference on pending petitions for review is November 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 December 17th.

Friday, October 31, 2014

Heien v. North Carolina - Post-Argument SCOTUScast

Federalist Society SCOTUScast,
"The question in this case is whether a police officer’s mistaken understanding of a law can provide the reasonable suspicion that the Fourth Amendment requires to justify a traffic stop.

"To discuss the case, we have Ryan Scott, who is an Associate Professor of Law at the Indiana University Maurer School of Law."

IS It Legal? Legal Authority for the Campaign Against the Islamic State - Event Audio/Video

Federalist Society DC Young Lawyers Chapter, and The Alexander Hamilton Society, podcast featuring,
John Bellinger, Partner, Arnold & Porter and former Legal Advisor to the Department of State (2005 -2009);

Steve Bradbury, Partner, Dechert LLP and former Head of the Office of Legal Counsel, U.S. Department of Justice (2004-2009);

Moderator: Rachel L. Brand, Member, Privacy and Civil Liberties Oversight Board; Senior Advisor to the U.S. Chamber Litigation Center, United States Chamber of Commerce; and former Assistant U.S. Attorney General for Legal Policy, U.S. Department of Justice; and

Introduction: Sarah Hawkins Warren, Partner, Kirkland & Ellis LLP and President, DC Young Lawyers Chapter

Thursday, October 30, 2014

Consumer Financial Protection Bureau Update - October 2014 - Podcast

Federalist Society Practice Group Podcast featuring,
Julius L. Loeser, Of Counsel, Winston & Strawn LLP; and

Prof. Todd J. Zywicki, Foundation Professor of Law, George Mason University School of Law

Warger v. Shauers - Post-Argument SCOTUScast

Federalist Society SCOTUScast featuring Rachel Paulose,
"The question in this case is whether, under Federal Rule of Evidence 606(b), a party moving for a new trial may rely upon juror testimony regarding statements made during deliberations that suggest juror dishonesty during voir dire"

Wednesday, October 29, 2014

Mesothelioma Litigation - Podcast

Federalist Society Practice Group Podcast featuring,
Prof. Lester Brickman, Yeshiva University, Benjamin N. Cardozo School of Law, and

Mark A. Behrens, Partner, Shook, Hardy & Bacon, L.L.P.

Joint Committee for Review of Administrative Rules

"public hearing and an executive session on the following topics: Injured Patients and Families Compensation Fund Annual Fund and Mediation Panel Fees; Modifications in Daily Bag Limits and Minimum Size Limits in Response to Tribal Harvest; Community Programs and Services; and Apprenticeship Completion Awards" at Wisconsin Eye

Tuesday, October 28, 2014

Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. - Post-Argument SCOTUScast

Federalist Society SCOTUScast,
"This case concerns whether a district court’s factual finding in support of its construction of a patent claim term may be reviewed de novo, as the Federal Circuit requires (and as the panel explicitly did in this case), or only for clear error, as Federal Rule of Civil Procedure 52(a) requires.

"To discuss the case, we have Prof. Kristen Osenga, who is a Professor of Law at the University of Richmond School of Law."

Newsmakers: Transportation Fund Constitutional Change

"... Senior Producer Steve Walters hosted a Newsmakers show on Transportation Fund Constitutional Change with Todd Berry and Craig Thompson" at Wisconsin Eye.

Monday, October 27, 2014

Regulating the Regulators: North Carolina Board of Dental Examiners v. Federal Trade Commission - Podcast

Federalist Society Practice Group Podcast featuring,
Prof. Rebecca Haw Allensworth, Vanderbilt University Law School, and

Misha Tseytlin, Deputy Attorney General, Office of West Virginia Attorney General

North Carolina State Board of Dental Examiners v. Federal Trade Commission - Post-Argument SCOTUScast

Federalist Society SCOTUScast,
"The question in this case is whether the state-action exemption from federal antitrust laws applies to a state dental regulatory board when the majority of board members are dental professionals who are elected by other market participants--and thus potential competitors of anyone seeking entry into the dental industry.

"To discuss the case, we have Prof. Alexander Volokh, who is an Associate Professor of Law at the Emory University School of Law."

Don’t Miss: Final Attorney General Candidate Debate at State Bar Center

Posted at Rotunda Report,
"The State Bar of Wisconsin is partnering with WISC-TV and WisPolitics to host a debate between Wisconsin Attorney General candidates Brad Schimel and Susan Happ on Wed., Oct. 29 at 7 p.m. at the State Bar Center in Madison."

Wisconsin Legislative Spotlight - The Week of October 27, 2014

Posted at the Legislative Reference Bureau

Janesville judge to announce state Supreme Court run

Scott Bauer of the Associated Press, with Eric Heisig, reported at the Wisconsin Law Journal,
"Rock County Circuit Judge Jim Daley plans to announce his candidacy for the Wisconsin Supreme Court on Monday, making him an early challenger to incumbent Justice Ann Walsh Bradley in the race to be decided next year."

Rewind - week of October 20-24

"Senior Producer Steve Walters and WisPolitics Editor JR Ross recapped Wisconsin politics for the week of October 20-24 at the Wisconsin Eye Studios in Madison."

Sunday, October 26, 2014

Wisconsin appellate court week October 27th-31st 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 November 5th and 12th, see Synopsis, and December 16th and 17th .

The next conference on pending petitions for review is November 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 October 28th and December 17th.