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

Wednesday, October 22, 2014

Monday, October 20, 2014

Sunday, October 19, 2014

Wisconsin appellate court week October 20th-24th 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 .

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.

Friday, October 17, 2014

Thursday, October 16, 2014

Let Me Be Blunt: In 'Blount', the Senate Never Said that Senators Aren't Impeachable

This article by Buckner F. Melton, Jr., is forthcoming in Quinnipiac Law Review, Vol. 33, 2014, and is now available at the Social Science Research Network.
"Abstract: The Senate motion in Blount that supposedly stands for the proposition that legislators aren’t impeachable—the motion to dismiss the House’s Blount impeachment—contains no subtleties to trap the unwary; no intricate analysis is needed. The frequent claim—made by both academic historians and lawyers, including Mr. Cassady [Benjamin Cassady, 'You’ve Got Your Crook, I’ve Got Mine': Why the Disqualification Clause Doesn’t (Always) Disqualify, 32 Quinnipiac L. Rev. 209 (2014)]—that the Senate decided, in the Blount case, that senators aren’t civil officers, or that members of Congress aren’t subject to impeachment, is simply flat-out wrong. Yet people keep on making it.

"My main point in this response to Mr. Casssady is simple: If senators can be impeached, then the notion that an impeached senator can be removed from the Senate but not disqualified from returning to the Senate seems counterintuitive. And if senators can be barred from future Senate service, then so should all convicted and disqualified impeachment defendants, whatever their government position."

(via Seth Barrett Tillman, who comments:)
"Melton’s (maximalist) position is that the Constitution’s 'office' language (i.e., at least that language relating to impeachment and disqualification) extends to Senators and to other elected officials. My (minimalist) position is very different. I have argued that the Constitution’s 'Officer of the United States'-language and 'office ... under the United States'-language reach only appointed officers, and do not encompass any elected officials (e.g., President, Vice President, members of Congress, and federal electors). That said, I have a deep and abiding respect for Melton’s paper and evidence, which is based on careful analysis and early American materials. This is an important paper by the leading authority on the Blount impeachment. Although a good many academics have assumed that the maximalist position is correct or have based their support on a cursory analysis of text, history, precedent, and structure, Melton’s article is the first fulsome reasoned defence of the maximalist position.

"Additionally, Melton has argued that a wide array of a scholars (including historians and legal academics) have misstated the Senate’s holding in Blount. On this point, he and I are ad idem."

Gregory Katsas 'Supreme Court: Review and Preview' October 16, 2014

[latest posts follow this event notice]

Gregory Katsas will present 'Supreme Court: Review and Preview' at a Noon luncheon Thursday, October 16, 2014, at the Milwaukee Athletic Club, 758 North Broadway.

Mr. Katsas is a partner in the firm of Jones Day, and a former Assistant Attorney General in the U.S. Department of Justice. He is a frequent contributor to Federalist Society publications and speaker at its events, including at out Chapter's July 19, 2007 and August 16, 2011 events.

Legislative Council Study Committee on the Review of Tax Incremental Financing

Wisconsin Eye video

Wednesday, October 15, 2014

Is it constitutional for a court to enforce a subpoena of ministers’ sermons?

Eugene Volokh posted at The Volokh Conspiracy in The Washington Post in a case in Houston, Texas.

Religious Accommodation in the Workplace: Current Trends Under Title VII

J. Gregory Grisham, Of Counsel to Leitner Williams Dooley & Napolitan PLLC, and Robbin W. Hutton, Partner in Ford & Harrison LLP, at Engage: The Journal of the Federalist Society Practice Groups.

A Short Review of Bad Judges, and Good

Douglas R. Cox reviews A Short Book of Bad Judges (2013), by Graeme Williams, at The Green Bag.

The Imperial President

Rick Esenberg at Wisconsin Interest

AG race focus turns to complaint, marriage comment

The Associated Press reported at the Wisconsin Law Journal

Interpreting Federal Regulations

Adam White, Counsel, Boyden Gray & Associates, discusses Perez v. Mortgage Bankers Association in this Federalist Society video.

Same-Sex Marriage in Wisconsin: What it Means for Employee Benefits

Brian Anderson and Jordan Taylor, Madison, posted at of DeWitt Ross & Stevens S.C..

FDA Correcting Third-Party Content and Using Twitter

Michael A. Walsh posted at Federation Forum.

Reflections on Judicial Contract Interpretation and the Boden Lecture

Nadelle E. Grossman posted at Marquette University Law School Faculty Blog.

Supreme Court Oral Argument: State v. Kearney W. Hemp

Wisconsin Eye video

Tuesday, October 14, 2014

2013-14 in Perspective: Part 1

Alan Ball posted at SCOWstats.

Wisconsin Supreme Court Hears Argument on Consideration for Noncompetes

Brandon M. Krajewski, Milwaukee, posted at Quarles & Brady LLP.

Marquette Lawyer Magazine - Fall 2014 Issue

This latest issue is now available. (via Alan J. Borsuk at Marquette University Law School Faculty Blog)

Attorney general candidates respond to questions

The Associated Press reported at the Wisconsin Law Journal.

Another Obamacare Case

Carrie Severino, Chief Counsel and Policy Director, Judicial Crisis Network, discusses King v. Burwell in this Federalist Society video.

"Just as the Delay prosecution touched off a dozen other politically motived cases, the Wisconsin John Doe investigation provides a template for similar mischief across the nation"

Posted by Ann Althouse, Madison.

7th Cir. SCOTUS Grants: Anna Nicole Smith's Ghost, EEOC Reviewability

William Peacock reported at FindLaw 7th Circuit blog on Wellness International Network, Ltd. v. Sharif, No. 12–1349, and Mach Mining, LLC v. Equal Employment Opportunity Commission, No. 13–2456.

Court Upholds Statutory Damages Limit for UW Physicians

The Wisconsin Civil Justice Council posted on Fiez v. Keevil, 2013AP2711.

Supreme Court Oral Argument: Outagamie County v. Michael H.

Wisconsin Eye video

Monday, October 13, 2014

Seventh Circuit Uses Fed. R. Civ. P. 60(b)(5) to Reopen 23-Year Old Judgment

Eric G. Pearson of Foley & Lardner LLP, Milwaukee, posted at Wisconsin Appellate Law on Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. State of Wisconsin, No. 14-1051.

WI: Judge Holds Med Mal Cap Does Not Apply to $25.3M Verdict

Christopher J. Robinette reported at TortsProf Blog.

Wisconsin Supreme Court Issues Split Decision Resulting in Loss for Manufacturer

The Wisconsin Civil Justice Council posted on Sohn Manufacturing v. LIRC, 2014 WI 112 (2012AP2566).

Federal judge says hold on gay marriages is lifted

The Associated Press reported at the Wisconsin Law Journal on Wolf v. Walker, 7th Cir. No. 14-2526.

Appeals court: Judge drew wrong character conclusions

The Associated Press reported at the Wisconsin Law Journal on State v. Bamba, 2013AP2348-CR.

Expert Opinion Excluded Under Wisconsin Daubert Statute as Not Based on Sufficient Facts or Data

Richard Oreton of Crivello Carlson S.C., Milwaukee, posted at On the Docket on Nationwide Agribusiness v. August Winter & Sons, Inc., No. 2014AP488.

Supreme Court’s blockage of WI voter ID law only temporary, election reform expert says

Adam Tobias reported at Wisconsin Watch on Frank v. Walker, 7th Cir., Nos. 14-2058 & 14-2059

Judicial Council and Committees Meetings October 14th and 17th

The Wisconsin Judicial Council has published notice of the October 14th meeting of its Criminal Procedure Committee, and of the meetings of the Council and its Appellate Procedure Committee's and Evidence & Civil Procedure Committee, along with the Council's agenda.

Supreme Court Oral Argument: State v. Danny Robert Alexander

Wisconsin Eye video

Sunday, October 12, 2014

Wisconsin appellate court week October 13th-17th 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 .

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.

Wisconsin Legislative Spotlight - The Week of October 13, 2014

Posted by the Legislative Reference Bureau.

Saturday, October 11, 2014

Rewind - for the week of October 6-10

"Senior Producer Steve Walters and WisPolitics Editor JR Ross recapped Wisconsin politics for the week of October 6-10 at the Wisconsin Eye Studios in Madison.

Friday, October 10, 2014

Consumer Financial Protection Bureau Update - September 2014 - Podcast

Developments at the Consumer Financial Protection Bureau: August 13, 2014 – September 9, 2014, Practice Group Podcast featuring Julius L. Loeser and Todd J. Zywicki, with accompanying outline by Julius L. Loeser, Todd J. Zywicki, and Asheesh Agarwal

Tuesday, October 7, 2014

"Attorney General J.B. Van Hollen has declined to defend the Government Accountability Board in the latest 'John Doe' legal challenge..."

Posted by Ann Althouse, Madison

Happ promises to crack down on for-profit colleges

The Associated Press reports at Wisconsin Law Journal

Hamilton Political Tidbits- October 3rd, 2014

Posted by Hamilton Consulting Group, Madison

Wisconsin Court Rules Castle Doctrine Doesn’t Apply Outside Home

Todd Richmond of the Associated Press at Claims Journal on State v. Chew, 2013AP2592-CR

Supreme Court Oral Argument: State v. Gary Monroe Scull

Video at Wisconsin Eye

Wisconsin Voter ID: Plaintiffs' Emergency Application to Justice Kagan Lacks a Key Element

Thomas L. Shriner, Jr., of Foley & Lardner LLP, Milwaukee, at Wisconsin Appellate Law on Frank v. Walker, 7th Cir. Nos. 14-2058 and 14-2059

Target of Wis. investigation accuses DA of criminal abuses of power

Stuart Taylor, Jr., of the American Media Institute, at Legal Newsline

Police Search Illegal: Court Reverses Psilocybin Convictions

Joe Forward at WisBar News on State v. Thomas, 2013AP1916-CR, and State v. Popp, 2014AP166-CR

Supreme Court Oral Argument: Runzheimer International, Ltd. v. David Friedlen

Video at Wisconsin Eye

Wisconsin Supreme Court Hears Oral Argument in Case Dealing with Non-Compete Agreements, Hamilton Consulting Group

Monday, October 6, 2014

Stuart Taylor Jr. advances his John Doe investigation story by publishing his long list of questions to the prosecutor John Chisholm

Ann Althouse posted.

Supreme Court and Court of Appeals digests - October 2014

Daniel D. Blinka and Thomas J. Hammer of Marquette University Law School provided their Supreme Court Digest and Court of Appeals Digest in the latest Wisconsin Lawyer.

Schimel, Happ race for attorney general close

The Associated Press reported at Wisconsin Law Journal.

After the Bank Forecloses, Must It Actually Sell Your House?

Philip C. Babler of Foley & Lardner LLP, Milwaukee, at Wisconsin Appellate Law on Bank of New York v. Carson, No. 2013AP544, and Deutsche Bank Nat. Trust Co. v. Matson, No. 2012AP1981

Newsmakers: Paul Bachman, Co-author of Wisconsin Policy Research Institute Tax Report

Video at Wisconsin Eye
"On September 29, 2014, Senior Producer Steve Walters interviewed Paul Bachman, Research Director at the Beacon Hill Institute at Suffolk University and one of the authors of the new tax study released by the Wisconsin Policy Research Institute"
The study is Can State Pull Its Punches? New Tax Policy Needed to Help Wisconsin Prosper, by Paul Bachman, Michael Head, Frank Conte, and David G. Tuerck.

Hamilton Consulting Group reported WPRI Study Finds Long-Term Benefit in Lower Taxes.

Cost of Towing Truck from Lake Is Not Covered 'Property Damage'

Thomas J. Donnelly of Emile Banks & Associates LLC, Milwaukee, at Wisconsin Defense Counsel

7th Cir. Explains What Same-Sex Marriage and Voter ID Have in Common

Eric G. Pearson of Foley & Lardner LLP at Wisconsin Appellate Law on Frank v. Walker, Nos. 14-2058 & 14-2059

Court: Twelve Percent Interest Rate Does Not Apply to Unpaid Settlement

Joe Forward at WisBar News on Singler v. Zurich American Ins. Co., 2014AP391

Supreme Court Open Rules Conference and Hearing

"in the matter of the petition to amend Wisconsin Statute s. 887.24", video at Wisconsin Eye

Sunday, October 5, 2014

Wisconsin appellate court week Oct 6th-10th 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 October 7th [Synopses], and November 5th and 12th (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 October 6th.

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 9th and 28th and December 17th.

Friday, October 3, 2014

Wisconsin Legislative Spotlight - The Week of October 6, 2014

Maintained by the Wisconsin Legislative Reference Bureau

Rewind - September 29th through October 2nd

At Wisconsin Eye, "Senior Producer Steve Walters and WisPolitics Editor JR Ross recapped Wisconsin politics for the week..."

Federal Monitoring of Local Policing - Podcast

Practice Group Podcast with William G. Otis and Samuel Walker
"Is it within a federal court's authority to order local police officers to wear video cameras in an effort to create an 'objective record' of police activity, as occurred last summer in New York City? What is the basis and is it advisable for the Department of Justice to impose reforms on local police activity via consent decrees or other means (see here and here)? What should we make of lawsuits, such as the one filed by police officers rejecting such oversight in Seattle? Are they attempts to vindicate the sovereignty of their own policing, or do they gloss over the serious problems in law enforcement that would go otherwise unchecked without federal involvement?"

Thursday, October 2, 2014

Getting it Right on Crime - Podcast

Practice Group Podcast with Marc A. Levin and Pat Nolan
"Until recently prisons have been the sacred cows in state budgets. They are the second fastest growing item in state budgets, second only to Medicaid. Conservative leaders in several states have enacted reforms that have saved billions by reserving costly prison beds for violent offenders, while punishing non-violent offenders in community programs, without increasing their crime rates. Do these reforms provide a roadmap for other states and the federal government?"

Supreme Court Oral Argument: 'State v. Moore'

Wisconsin Eye video
"This case examines issues related to the custodial interrogation of juveniles and the criteria for evaluating the voluntariness of a juvenile confession."