Tuesday, May 26, 2015

Wisconsin appellate court week May 26th-29th 2015

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

Supreme Court pending cases have no argument scheduled.

The next conference on pending petitions for review is June 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 no oral argument scheduled.

Friday, May 22, 2015

'The Stubborn System of Moral Responsibility'

Book by Bruce N. Waller (Cambridge, MA: MIT Press, 2014) reviewed by Barbara Fritschel, U.S. Courts Librarian, Milwaukee, in the Shelf Life feature in the latest issue of Wisconsin Lawyer

A New Maginot Line?

Your State Bar column by executive director George C. Brown in the latest issue of Wisconsin Lawyer
'Are attempts to enforce unauthorized practice of law regulation futile or outdated? Is the legal community fighting a battle that has already been lost?'

Thursday, May 21, 2015

Developments at the Consumer Financial Protection Bureau April 8, 2015 – May 11, 2015

CFPB Update by Julius L. Loeser at the Federalist Society

Warrants command John Doe targets to remain silent

M.D. Kittle reported last week at Wisconsin Watchdog

It’s Time for Creative Disruption

As I See It column by ABA President William C. Hubbard in the latest issue of Wisconsin Lawyer
'We can move forward or we can fall backward. One thing is for sure, we can’t stand still. We need to find new ways to deliver legal services to those who need them. Not only to close the justice gap but also to advance the legal profession.'

Special prosecutor intent on pursuing investigation in possible illegal coordination by Scott Walker campaign, but major legal hurdles remain

Matea Gold and Jenna Johnson reported last week at The Washington Post. (via The Wheeler Report)

Wednesday, May 20, 2015

Fannie and Freddie We’re Stuck With: But Can We Get Rid of GSEs?

Alex J. Pollock in the latest issue of Engage: The Journal of the Federalist Society Practice Groups

Speaking Up for an Independent Court System

President's Message by Robert Richard Gagan in the latest issue of Wisconsin Lawyer
'State Bar members can help promote the strength and independence of Wisconsin’s court system by advocating for increased resources for government lawyers and court personnel and the facilities in which they work.'

John Doe records show Scott Walker campaign arguments

Dee J. Hall and Matthew DeFour reported last week in the Wisconsin State Journal (via The Wheeler Report)

Wisconsin Supreme Court releases filings in 3 Walker-related cases

Scott Bauer of the Associated Press reported last week at the Janesville Gazette (via The Wheeler Report)

Walker probe special prosecutor wanted justices to step down

Scott Bauer of the Associated Press reported last week in the Wisconsin Law Journal

Tuesday, May 19, 2015

Redefining 'Waters of the United States': Is EPA Undermining Cooperative Federalism?

Karen Bennett and John Henson in the latest issue of Engage: The Journal of the Federalist Society Practice Groups

Case digests, discipline summaries - May 2015

In this month's issue of Wisconsin Lawyer:

Patience Roggensack to stay chief justice for now, after judge rules

Patrick Marley reported last week at the Milwaukee Journal Sentinel

Abrahamson makes case to remain as chief justice By: Associated Press

Scott Bauer of the Associated Press reported last week in the Wisconsin Law Journal

Justice: Supreme Court in ‘upheaval’ over chief

The Associated Press reported last week in the Wisconsin Law Journal

The Affidavit of Ann Walsh Bradley in support of a preliminary injunction is posted at The Wheeler Report.

Justice Crooks' letter regarding Justice Bradley affidavit is also posted at The Wheeler Report.

Monday, May 18, 2015

Real World Impacts of Prevailing Wage

WPRI Special Report by Dave Daley, Lori Holly, Greg Pearson, Betsy Thatcher and Jan Uebelherr, at Wisconsin Policy Research Institute

Hamilton Political Tidbits - May 15, 2015

Prepared by Hamilton Consulting Group, Madison

Wisconsin Legislative Spotlight - The Week of May 18, 2015

Prepared by the Legislative Reference Bureau

Capitol Roundtable - May 11, 2015

Video at WisconsinEye
"senior producer Steve Walters talked with capitol journalists Shawn Johnson, Bob Hague, and Patrick Marley about current events in politics."

Wisconsin appellate court week - May 18th-22nd 2015

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

Supreme Court pending cases have no argument scheduled.

The next conference on pending petitions for review is June 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 no oral argument scheduled.

Friday, May 15, 2015

From Giant Spiders to Big Cheese to Teen Court: Hon. William D. Dyke is 2015 Lifetime Jurist

Shannon Green, communications writer, State Bar of Wisconsin, Madison, at Inside Track on one of the awards to be presented at the Member Recognition Celebration at 5:30 p.m. June 25 at the 2015 State Bar Annual Meeting & Conference in Lake Geneva.
"Those who appear before him at the Iowa County Courthouse may not know that their judge is an executive producer for a low-budget 1975 science fiction movie, 'The Giant Spider Invasion,' filmed in Wisconsin. ...

"It was seen in 18 countries and on ABC Late Night television. And it has been spoofed on Mystery Science Theatre 3000."

MST3K video at YouTube.

The Chief’s Lawsuit

Edward A. Fallone at the Marquette University Law School Faculty Blog

Public Defender Outcomes, 1995-96 through 2013-14

Alan Ball at SCOWstats

Thursday, May 14, 2015

U.S. Supreme Court could announce decision on John Doe case later this month

M.D. Kittle at Wisconsin Watchdog
"The U.S. Supreme Court has added O’Keefe v. Chisholm to its conference May 14.

"Based on that case discussion schedule, it’s likely the public will know May 18 whether the high court will accept the case."

Roggensack says she doesn’t want to fight with justices

The Associated Press reported at Wisconsin Law Journal.

Wednesday, May 13, 2015

Wisconsin Judicial Council Agenda, meeting May 15, 2015

Posted at the Council's web pages, including notice of meetings that date of the Appellate Procedure Committee and the Evidence & Civil Procedure Committee, and the June 9, 2015 of the Criminal Procedure Committee.

John Doe tensions boil over as high courts prepare to weigh in

Matthew DeFour reported at the Chippewa Herald. (via The Wheeler Report)

Tuesday, May 12, 2015

Democratic Dysfunction and Missing Constitutional Essentials

This paper by Howard Schweber is the sixth from the first-ever WLR Online Symposium. It comes out of the conference November 7-8, 2014 at the UW Law School on "Is it Time to Rewrite the Constitution?" presented by the Wisconsin Center for the Study of Liberal Democracy.

Wisconsin as a New Yorker cartoon of itself

Will Swaim at Wisconsin Watchdog

DOJ moves to dismiss Abrahamson’s lawsuit

The Associated Press reported at Wisconsin Law Journal.

Here are the Motion to Dismiss and Brief in Support posted at The Wheeler Report.

Monday, May 11, 2015

The Constitution: An Introduction - Podcast

Federalist Society Practice Group Podcast featuring Michael S. Paulsen and Kevin Walsh

Wisconsin Legislative Spotlight - The Week of May 11, 2015

Prepared by the Legislative Reference Bureau.

Rewind - week of 5/4-5/8

Video at WisconsinEye
"...senior producer Steve Walters and Wispolitics.com editor discussed the week that was in politics...."

Neubauer Appointed Chief Judge of Appeals Court, District Chiefs Appointed

Reported last week at WisBar, and that "Justice Roggensack Elected Supreme Court’s Chief Judge [sic]".

Wisconsin appellate court week May 11th-15th 2015

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

Supreme Court pending cases have no argument scheduled.

The next conference on pending petitions for review is May 11th.

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 no oral argument scheduled.

Friday, May 8, 2015

Assembly Committee on Judiciary - April 30, 2015

Video at WisconsinEye
"On April 30, 2015 the Assembly Committee on Judiciary held a public hearing on Assembly Bill 139 Relating to: small claims court fee, Assembly Bill 129 Relating to: structured settlement factoring transactions, Assembly Bill 43 Relating to: obtaining a search warrant for certain civil violations, Assembly Bill 92 Relating to: penalties for violations related to the motor vehicle liability insurance requirement, proof of financial responsibility, and providing a penalty."

Searching from Within: The Role of Magistrate Judges in Federal Multi-District Litigation

Article by Judge George C. Hanks, Jr., in the latest issue of the Federal Courts Law Review

Newly elected Wis. SC chief justice vows to ‘repair’ high court

Jessica M. Karmasek reported at Legal Newsline.

Thursday, May 7, 2015

Madison Federalist Society: 25th Anniversary of Milwaukee School Choice Program

Video at WisconsinEye
"On April 28, 2015 the Madison Federalist Society presented the 25th Anniversary of the Milwaukee School Choice Program with guest speaker, school choice legal expert Clint Bolick from the Goldwater Institute."

Media Influence on Courts: Evidence from Civil Case Adjudication

Article by Claire S. H. Lim in the American Law and Economics Review
"[Abstract] This paper quantitatively assesses media influence on civil case adjudication in U.S. state courts. It shows that media influence substantially mitigates disparity in damage awards across political orientation of districts. That is, in areas with frequent newspaper coverage of courts, there is little difference in damage awards between conservative and liberal districts. In contrast, in areas with little newspaper coverage, liberal districts tend to grant substantially larger damage awards than do conservative ones. This result suggests that the presence of active media coverage may enhance consistency in the civil justice system."
(via Christopher J. Robinette at TortsProf Blog

‘Don’t Sell Out:’ 19 New Wisconsin Lawyers Get Advice from the Chief Justice

Shannon Green, described as a Communications Writer, posted at WisBar on the April 28th swearing-in and remarks by Chief Justice Abrahamson. .

Monday, May 4, 2015

The Gay Marriage Cases: A Recap of the Supreme Court Oral Argument

John C. Eastman, the Henry Salvatori Professor of Law & Community Service at Chapman University Fowler School of Law, in a Fedearlist Society Practice Group Podcast
"The long-anticipated gay marriage cases have now been argued in the Supreme Court. The questions presented are: whether the Fourteenth Amendment 'require[s]' a 'state to issue a marriage license to two people of the same sex', and/or 'to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed' in another state or jurisdiction. Join a special Courthouse Steps edition of Teleforum as we discuss the oral argument: Which advocate seemed to fare best? Who fielded the most difficult questions? Which justices seemed most skeptical of which side of the argument? What are the possible outcomes of the case, and what are the implications of those possible outcomes?"

'Supreme Court Oral Argument: State v. Houghton'

Video at WisconsinEye

Hamilton Political Tidbits - May 1, 2015

Compiled by the Hamilton Consulting Group, Madison

Wisconsin Legislative Spotlight - The Week of May 4, 2015

Compiled by the Legislative Reference Bureau

Rewind - 4/27-5/1

Video at WisconsinEye
"senior producer Steve Walters and Wispolitics.com editor [JR Ross] will discuss the week that was in politics"

Wisconsin appellate court week May 4th-8th 2015

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

Supreme Court pending cases have no argument scheduled.

The next conference on pending petitions for review is May 11th.

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 no oral argument scheduled.

Thursday, April 30, 2015

Supreme Court Oral Argument: 'State v. Shata'

Video at WisconsinEye

Wisconsin’s disastrous probation revocation system

On the Defenseive column by Anthony Cotton at Wisconsin Law Journal

Too many Chiefs

At WisPolitics, yesterday's letter from Robert S. Peck, counsel for plaintiffs in Abrahamson v. Neitzel, to Judge James D. Peterson, objecting to the procedure used yesterday to fill the vacancy in the office of Chief Justice of the Wisconsin Supreme Court, and denying that a vacancy existed.

Minutes of the Meeting of the Wisconsin Judicial Council, March 20, 2015

Approved at its meeting April 17, 2015 and posted. Items incuded:
III. Discussion and/or Action Regarding Judicial Council's 2015-2017 Budget
IV. Discussion and/or Action Regarding Supreme Court Rule Change Petition 13-16, Uniform Interstate Deposition and Discovery Act
V. Discussion and/or Action Regarding Bill Amending the Rules of Criminal Procedure
VI. Discussion and/or Action Regarding Review of Wisconsin Rules of Evidence

Wednesday, April 29, 2015

State high court quickly ousts Shirley Abrahamson as chief justice

Patrick Marley reported at the Milwaukee Journal Sentinel.
"Conservatives on the Wisconsin Supreme Court picked Justice Patience Roggensack as their new leader Wednesday, dumping longtime Chief Justice Shirley Abrahamson after voters approved changing how the head of the court is selected.

"Four justices on the seven-member court voted to put Roggensack in charge just hours after state election officials certified the April 7 referendum results, allowing court members to choose the chief justice.
[...]
"'The issue of whether constitutional amendment is to be applied retroactively is currently before a federal judge,' [Justice Ann Walsh] Bradley said. 'Any vote now appears premature.'

"'The federal judge states his wish No. 1 would be to get a full decision on the merits before there is an election of a new chief justice. We should honor his directive.'

"Justice Michael Gableman, who backed Roggensack, quoted the same judge to argue the vote wasn't premature.

"'Part of the judge's written decision when he denied Chief Justice Abrahamson's request for a temporary restraining order to block the members of the court from voting for a new chief justice reads: When and how to implement a duly passed amendment to the Wisconsin Constitution is a question of state law, not federal law,' Gableman said."

Is it Time to Rewrite the Constitution? Fidelity to Our Imperfect Constitution

This paper by James E. Fleming is the fifth from the first-ever WLR Online Symposium. It comes out of the conference November 7-8, 2014 at the UW Law School on "Is it Time to Rewrite the Constitution?" presented by the Wisconsin Center for the Study of Liberal Democracy.
"Is it time to rewrite the Constitution? We should break this question down into two parts: (1) is it time to rewrite the Constitution by adopting particular amendments?, and (2) is it time to throw out the Constitution and write a new one by holding a constitutional convention, as Sandy Levinson has urged? A further question is to what extent does the Constitution, and our constitutional practice under it, already permit or require 'rewriting' as we build out our framework of constitutional self-government over time? Despite claims by some originalists that the formal amending procedures of Article V are the exclusive legitimate means for changing the Constitution, living constitutionalists like David Strauss and Bruce Ackerman have gone so far as to argue that formal constitutional amendments are largely irrelevant to such change. Strauss argues that common law constitutional interpretation, not amendment through the formal procedures of Article V, has been our primary means for constitutional change. Ackerman argues that the six-phase higher lawmaking procedures outside Article V that he elaborates have been the primary means whereby We the People have 'hammered out' such changes. To the extent that living constitutionalists like Strauss and Ackerman are right, perhaps we do not need formally to rewrite the Constitution to realize constitutional change. Perhaps we already do well enough through 'rewriting' it informally."

Clint Bolick 'Immigration Wars' April 29, 2015

[latest posts follow this event notice]

Clint Bolick will speak on 'Immigration Wars: Forging an American Solution' at a Noon luncheon Wednesday, April 29, 2015, at the Milwaukee Athletic Club, 758 North Broadway.

Thanks to the generosity of The Bradley Foundation, every attendee will receive a complimentary copy of Mr. Bolick's book, Immigration Wars: Forging an American Solution.

The cost to attend, for those who reserve by April 27, 2015, is $20 ($15 for students, teachers, judges and other government employees, clergy, and employees of nonprofits). 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.
There will be a $25.00 charge at the door for those without reservations. Seating is limited. Refunds cannot be given to those who choose not to attend.

Presented by the Milwaukee Lawyers Chapter.

Lawyers Ask Congress to Support Juvenile Justice Reform, Legal Services Funding

"Lawyers" meaning "Members of the American Bar Association" in this Rotunda Report

Judge refuses to block Wisconsin Supreme Court chief justice amendment

Reported at WKOW-TV, Madison
"U.S. District Judge James Peterson on Tuesday [April 21st] refused to block the law's implementation while Abrahamson's lawsuit is pending, saying there would be no irreparable harm if she were temporarily removed from the post she's held since 1996.

"The amendment allows the seven justices on the court to choose who is chief justice, changing the 126-year practice of having it go to the most senior justice. The four-justice conservative majority is expected to vote Abrahamson out after the state elections board certifies the vote on April 29."

Tuesday, April 28, 2015

2014 Civil Justice Update

White Paper by Emily Kelchen at the Federalist Society
"This paper recaps important legal developments in the civil justice movement that occurred in 2014. Part I focuses on broad trends, Part II provides an overview of new legislation, and Part III highlights court cases from across the country that either strike down previously adopted reforms or adopt novel legal theories of interest to reformers."

Supreme Court Oral Argument: 'State v. Ortiz-Mondragon'

Video at WisconsinEye

State Bar Board Supports CLE Credit for Pro Bono Work, Takes Other Actions

Joe Forward reported on last Friday's meeting of the State Bar's Board of Governors at WisBar News.

Wisconsin Supreme Court Statistics, 1995-1996

Compiled by Alan Ball at SCOWstats

Monday, April 27, 2015

Certiorari relisted to next conference in 'O’Keefe v. Chisholm'

Reported at SCOTUSblog.

The Petition raises the issues,

"(1) Whether considerations of 'equity, comity, and federalism' insufficient to support abstention can override the holding in Mitchum v. Foster that 42 U.S.C. § 1983 is an 'expressly authorized' statutory exception to the Anti-Injunction Act; and (2) whether, as this Court left unresolved in Hartman v. Moore, officials may be held liable for subjecting citizens to investigation in retaliation for First Amendment-protected speech and association, particularly where non-retaliatory grounds are insufficient to support the investigation."

Supreme Court Oral Argument: 'State v. Williams'

Video at WisconsinEye

What did the Journal Sentinel know and when did it know it?

M.D. Kittle at Wisconsin Watchdog

Gay marriage arguments set for Tuesday at Supreme Court

Mark Sherman of the Associated Press reported at Wisconsin Law Journal.

Oral argument will be live-blogged as SCOTUSblog beginning around 9:45 am Central.

Update: Oral argument recording released.

Rewind - week of 4/20-4/24

Video at WisconsinEye
"senior producer Steve Walters and Wispolitics.com editor JR Ross discussed the week in politics"

Wisconsin appellate court week April 27th-May 1st 2015

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

Supreme Court pending cases have no argument scheduled.

The next conference on pending petitions for review is May 11th.

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

Pending rules petitions include those scheduled for hearing or conference April 28th. [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 no oral argument scheduled.