Monday, May 30, 2016

Law and Policy Review (May 27) and Preview

Wisconsin Administrative Register No. 725A4, Legislative Reference Bureau

Hamilton Political Tidbits - May 27, 2016, The Hamilton Consulting Group, Madison

The Wheeler Report 05/23/2016 on

WisPolitics, recent posts

Key Reads, RightWisconsin, recent posts

WisOpinion, recent posts

Milwaukee Journal Sentinel, State Budget and Politics

Urban Milwaukee, Politics

Monday, May 23, 2016

Wisconsin appellate court week May 23rd-27th 2016

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

Supreme Court pending cases and pending disciplinary complaints have no argument scheduled.

The next conference on pending petitions for review is June 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 May 24th.



Wisconsin Judicial Council:
  • next meeting June 24th;
  • latest posted agenda for meeting May 20th, (with notice of Appellate Procedure Committee and Evidence & Civil Procedure Committee meetings that day, and of Criminal Procedure Committee June 14th);
  • latest posted minutes for meeting March 18th;
  • latest Projects Update - January 2015.

Friday, May 20, 2016

Law and Policy Review (through May 20)

The Wheeler Report 05/16/2016 on

WisPolitics, recent posts

Key Reads, RightWisconsin, recent posts

WisOpinion, recent posts

Milwaukee Journal Sentinel, State Budget and Politics

Urban Milwaukee, Politics

Labor & Employment Law (through May 13)

NLRB Judge Trumps Casino’s Employee Handbook E-Mail Policy, by Bryan T. Symes, Ruder Ware L.L.S.C., Eau Claire

The Equal Employment Opportunity Commission Changes Course on Releasing Employer Position Statements to Charging Parties, by Daniel Finerty and Oyvind Wistrom, Lindner & Marsack S.C., Milwaukee

EEOC Releases Summary on Leave as an Accommodation under the ADA, by James Walcheske, Walcheske & Luzi LLC, Brookfield

Assigning Bathrooms – Reasonable Accommodation? by Dean R. Dietrich, Ruder Ware L.L.S.C., Wausau

OSHA issues final workplace injury electronic reporting rule, by Rufino Gaytan III and Katheryn A. Mills, Godfrey & Kahn S.C., Milwaukee

The DTSA Becomes Law: Impact on Employee Confidentiality Agreements, by Steven Berryman, Milwaukee, Emily Feinstein, Madison, Jonathan Hudis, Washington DC, and Sean Scullen, Milwaukee, Quarles & Brady LLP

Wednesday, May 18, 2016

Edward Whelan: Constitutionalism and Scalia’s Jurisprudence; May 18, 2016

Edward Whelan will speak on 'Preserving Constitutionalism: Justice Scalia’s Jurisprudence and the Battle Over His Replacement' at a Noon luncheon Wednesday, May 18th, at the Milwaukee Athletic Club, 758 North Broadway.

Update: Mr. Whelan's presentation has been approved for one CLE credit. In connection with his presentation see The American Constitutionalist: Antonin Scalia, 1936-2016, by Adam J. White, at The Weekly Standard; and see Morrison v. Olson, 487 U.S. 654, 108 S.Ct. 2597, 101 L.Ed.2d 569 (1988): Chief Justice Rehnquist delivered the opinion of the Court, and Justice Scalia, dissenting.

Mr. Whelan is President of the Ethics and Public Policy Center, and a former Law Clerk to the Hon. Antonin Scalia. He was the featured speaker at our chapter's March 8, 2007 event.

The cost to attend, for those who reserve by Friday, May 13th, 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.

Administrative Law & Regulation; Telecommunications & Electronic Media; (through May 12)

Administrative Law & Regulation (through ) Telecommunications & Electronic Media (through ) Rural Broadband Improvement Coming to Wisconsin, by Steven L. Ritt, Michael Best & Friedrich LLP, Milwaukee

Veto of SB 360, Gov. Scott Walker

IRS Announces HSA Cost of Living Adjustments for 2017, by Mary Ellen Schill, Ruder Ware L.L.S.C., Wausau

New Bill Helps Municipalities Construct and Maintain Stormwater Ponds, by Paul Kent and Vanessa D. Wishart, Stafford Rosenbaum LLP, Madison

OIG Exclusion Enforcement Activity Continues to Rise, by John A. Kramp, Reinhart Boerner Van Deuren s.c., Milwaukee

Couple who refused appraiser entry to home lose appeal over jump in assessment, by Bruce Vielmetti, Milwaukee Journal Sentinel, Proof and Hearsay

On Tax Law: Fewer Nonprofits Will Owe Sales Tax, Under New Law, by Robert A. Mathers, von Briesen & Roper S.C., Milwaukee and Oshkosh, Inside Track

Public Records: Appeals Court Weighs Accident and Incident Reports, by Joe Forward, WisBar News

Supreme Court Open Administrative Conference WisconsinEye video (see Agenda)

Do Municipalities have to Disclose Driver’s License Information? by Kevin J.T. Terry, Ruder Ware L.L.S.C., Wausau

Ridesharing helps curb drunken driving, by Zack Vrana, Wisconsin Public Policy Institute

Tuesday, May 17, 2016

Federalism & Separation of Powers (through May 10)

Who Can Be President of the United States?: Candidate Hillary Clinton and the Problem of Statutory Qualifications, by Seth Barrett Tillman, National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law, 5(1) Br. J. Am. Leg. Studies 95–121 (2016) (peer reviewed)

The Hollywood Hit-Job on Justice Clarence Thomas, by Stuart Taylor, Jr., The Wall Street Journal (via Althouse)

Supreme Court Reasserts FERC Authority Over Wholesale Markets, Open to Incentives for New Investment, by Jeffrey A. Mandell, Edwin Hughes, and Bryan Kleinmaier, with Joe Diedrich, Stafford Rosenbaum LLP, Madison

Federal Preemption Precludes Challenge to FDA Approved Drug, by Adam E. Lyons, Litigation News

John Jay: The Reluctant Revolutionary, video featuring Walter Stahr, author of John Jay: Founding Father, The Federalist Society

Inside the Supreme Court, Associate Justices John Stevens and Elena Kagan and Judge Diane Wood, 65th Annual 7th Circuit Bar Association Banquet

Great Lakes states tighten spigot on Waukesha's water request, by Don Behm, Milwaukee Journal Sentinel

Who’s Really Winning the Border War? The Growth and Distribution of Income in Wisconsin and Minnesota after the Great Recession, by Noah Williams, WPRI Reports - May 2016

New right-of-way regulations take effect, Indian Nations Law Update - May 2016, by Brian L. Pierson, Godfrey & Kahn S.C., Milwaukee

"For liberals, the question now is how to deal with the losers in the culture wars. That’s mostly a question of tactics." by Ann Althouse, UW Law School

Monday, May 16, 2016

Litigation (through May 16)

Correcting Federalism Mistakes in Statutory Interpretation: The Supreme Court and the Federal Arbitration Act, by David S. Schwartz, University of Wisconsin Law School, 67 Law & Contemp.Probs. 5 (2004), Univ. of Wisconsin Legal Studies Research Paper No. 1379, Social Science Research Network

State Judges as Guardians of Federalism: Resisting the Federal Arbitration Act's Encroachment on State Law, by David S. Schwartz, University of Wisconsin Law School, Univ. of Wisconsin Legal Studies Research Paper No. 1380, 16 Wash. U. J. L. & Pol. 129 (2004), Social Science Research Network

Advance eSheet May 9-13, 2016, weekly tort and insurance update, Wisconsin Defense Counsel

Sunday, May 15, 2016

Wisconsin appellate court week May 16th-20th 2016

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

Rebecca Bradley fires back at Abrahamson over prior cases, by Bruce Vielmetti, Milwaukee Journal Sentinel

Fantasy League Update, by Alan Ball, SCOWstats

Here are the lists of the Wisconsin Court System's links to any

as they are posted.

Supreme Court pending cases and pending disciplinary complaints have no argument scheduled.

The next conference on pending petitions for review is June 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 May 24th.



Wisconsin Judicial Council:
  • next meeting May 20th;
  • latest posted agenda for meeting May 20th, (with notice of Appellate Procedure Committee and Evidence & Civil Procedure Committee meetings that day, and of Criminal Procedure Committee June 14, 2016);
  • latest posted minutes for meeting March 18th;
  • latest Projects Update - January 2015.

Saturday, May 14, 2016

Law and Policy Review (through May 13)

Wisconsin Administrative Register No. 725A2, Legislative Reference Bureau

Rewind: Your Week in Review, WisconsinEye video, "Steve Walters and WisPolitics.com editor JR Ross discussed this week in politics on May 13, 2016."

The Wheeler Report 05/09/2016 on

WisPolitics, recent posts

Key Reads, RightWisconsin, recent posts

WisOpinion, recent posts

Milwaukee Journal Sentinel, State Budget and Politics

Urban Milwaukee, Politics

Friday, May 13, 2016

Intellectual Property (through May 6)

Sanders Lawyers Do Not Like These “Bernie Is My Comrade” T-Shirts One Bit, by Mary Ann Georgantopoulos, BuzzFeed (via Althouse

Jury awards software company nearly $1 billion in damages, Associated Press, Wisconsin Law Journal

The Prince of Copyright Enforcement, by Jacob Gershman, The Wall Street Journal, Law Blog

Breaking News: The U.S. House of Representatives Passes the Defend Trade Secrets Act, Boardman & Clark LLP, Madison, IP Blog

"My last name is Zappa; my father was Frank Zappa. But I am not allowed to use the name on its own." Althouse

Congress Passes Defend Trade Secrets Act, by Eric H. Rumbaugh, Luis I. Arroyo and Victor J. Allen, Michael Best & Friedrich LLP, Milwaukee

New federal legislation to assist employers in protecting trade secrets, by Rebeca M. Lopez, Godfrey & Kahn, S.C., Milwaukee

ITC Invalidates Patents to Fitness Monitoring Systems as Ineligible under § 101, by Kevin P. Moran, Waukesha, and Andrew T. Dufresne, Madison, Michael Best & Friedrich LLP

Federal Law Provides New Protections for Trade Secrets: the Defend Trade Secrets Act, by Steven J. Berryman, Milwaukee, Jonathan Hudis, Washington DC, and Emily M. Feinstein, Madison, Quarles & Brady LLP

Defend Trade Secrets Act: Notice Requirement, by Eric H. Rumbaugh, Milwaukee, Amy O. Bruchs, Madison, and Derek C. Stettner, Milwaukee, Michael Best & Friedrich LLP

Thursday, May 12, 2016

Wednesday, May 11, 2016

Labor & Employment Law (through May 5)

An unlikely alliance to connect Milwaukee job-seekers to employers, by Michael Jahr, Better Yes Network, at Wisconsin Policy Research Institute

Upcoming Employer ACA Reporting Deadlines, by Kelly Kuglitsch, Davis & Kuelthau, s.c., Milwaukee, Professionally Speaking

California and New York Pass $15 Per Hour Minimum Wage, Labor & Employment Update - May 2016, Boardman & Clark LLP, Madison

Brady's Benching Gives Lesson in Court Review of Arbitration Decisions, by Ryan N. Parsons, Foley & Lardner LLP, Milwaukee

Employee Benefits Update May 2016, Reinhart Boerner Van Deuren s.c., Milwaukee

Wage Gap Negotiations-Now in Prime Time, by Andrea Schneider, Indisputably blog

Department of Labor's Final Fiduciary Rule and Best Interest Contract Exemption, by John E. Donahue and Susan M. Hoaglund, Godfrey & Kahn S.C., Milwaukee

Finding an Attorney and the Difference Between an “Employee Rights Attorney”, “Employment Attorney” and “Labor Attorney”, by Michael Brown, Milwaukee

Tuesday, May 10, 2016

Criminal Law & Procedure (through May 3)

John Doe probe at youth prison ends under new time limits, by Associated Press, Wisconsin Law Journal

Can Mandatory Reporting Laws Help Child Survivors of Human Trafficking? by Jonathan Todres, Professor of Law, Georgia State University College of Law, WLR Forward

Certification by Wisconsin Court of Appeals, Antjuan Redmond v. Brian Foster, 2014AP2637

The Risks of Using “Predictive Policing” to Bust Alleged Offenders, Gimbel Reilly Guerin Brown LLP, Milwaukee

Wisconsin Polling of Jury During Trial Leads to Mistrial, by Jonathan R. Tung, FindLaw 7th Circuit News and Information Blog

Paul Ryan, Rebecca Kleefisch and changing conservative views on incarceration, by Tom Kertscher, Milwaukee Journal Sentinel, Proof and Hearsay

Two Recent Decisions Shed Light on Prohibition of Double Jeopardy for Criminal Defendants, by Erika Bierma and Jeffrey A. Mandell, Stafford Rosenbaum LLP, Madison

On Point, State Public Defender

Sunday, May 8, 2016

Wisconsin appellate court week May 9th-13th 2016

Wisconsin Supreme Court accepts 12 new cases, Wisconsin Court System

Governor Seeks Applicants for Wisconsin Supreme Court Vacancy, WisBar News

Wisconsin Supreme Court Statistics, 1991-1992, by Alan Ball, SCOWstats

Here are the lists of the Wisconsin Court System's links to any

as they are posted.

Supreme Court pending cases and pending disciplinary complaints have no argument scheduled.

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

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

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

The Court of Appeals has oral argument scheduled for May 24th.



Wisconsin Judicial Council:
  • next meeting May 20th;
  • latest posted agenda for meeting April 15th, (with notice of Appellate Procedure Committee and Evidence & Civil Procedure Committee meetings that day, and of Criminal Procedure Committee May 10, 2016);
  • latest posted minutes for meeting March 18th;
  • latest Projects Update - January 2015.

Law and Policy Review (through May 6) and Preview

Wisconsin Administrative Register No. 725A1, Legislative Reference Bureau

Hamilton Political Tidbits - May 6, 2016, The Hamilton Consulting Group, Madison

The Wheeler Report 05/02/2016 on

WisPolitics, recent posts

Key Reads, RightWisconsin, recent posts

WisOpinion, recent posts

Milwaukee Journal Sentinel, State Budget and Politics

Urban Milwaukee, Politics

Friday, May 6, 2016

Administrative Law & Regulation; Environmental Law & Property Rights; (through Apr 28)

Administrative Law & Regulation

Wisconsin Legislature Rescues Nonprofits from Certain Sales Tax Obligations, by Robert A. Mathers, von Briesen & Roper s.c., Oshkosh

Rent-a-Regulator: Design and Innovation in Privatized Governmental Decisionmaking, by Miriam Seifter, University of Wisconsin Law School, 33 Ecology Law Journal 1091 (2006), Univ. of Wisconsin Legal Studies Research Paper No. 1378

Wisconsin Permittees: Act 21 is Alive and Well, by David A. Crass, Michael Best & Friedrich LLP, Madison

Environmental Law & Property Rights

9 states oppose Wisconsin in U.S. Supreme Court case over vacation cabin, property rights, by Bruce Vielmetti, Milwaukee Journal Sentinel, Proof and Hearsay

Developing a Business Case for Renewable Energy at Airports, by Jason W. Allen, Milwaukee, and David Y. Bannard, Boston, Foley & Lardner LLP, Renewable Energy Outlook

Waukesha Diversion Application Inches Closer To Conditional Approval, But State Law Questions Remain by David Strifling, Marquette University Law School Faculty Blog

Thursday, May 5, 2016

Corporations, Securities & Antitrust (through Apr 29)

Mergers & Acquisitions 'The Year in Review' 2015, by Brett D. Koeller and C.J. Wauters, Godfrey & Kahn S.C., Milwaukee

Benefit Corporations and B Corps: Socially Responsible For-Profit Companies, by Danielle M. Johnson and Brian L. Anderson, DeWitt Ross & Stevens S.C., Madison

Affiliations and Strategic Alliances in Long Term Care, by Robert J. Heath and John A. Kramp, Reinhart Boerner Van Deuren s.c., Milwaukee

Advisory Boards: Do I Really Want Advice? by Buck Sweeney, Axley Brynelson LLP, Madison

How to Build a Startup, Chicago-Style, by Christopher C. Cain, Foley & Lardner LLP, Madison

Investment Management Legal and Regulatory Update - April 2016, by Leah Cry, Ellen R. Drought, Susan M. Hoaglund, Milwaukee, and Pamela M. Krill, Madison, Godfrey & Kahn S.C.

A Compilation of Non-Enforcement Actions, by Peter D. Fetzer, Milwaukee, Stuart E. Fross, Michelle E.P. Nunez and Gustavo Resendiz, Boston, Foley & Lardner LLP

Wednesday, May 4, 2016

Labor & Employment Law (through Apr 29)

Protected Concerted Activity Strikes Again: Worker’s Firing Unlawful, by Leslie A. Sammon, Axley Brynelson LLP, Madison

View from around the state: Another illustration of division in courts, from the Beloit Daily News, via Associated Press, at Wisconsin Law Journal

Employers should train managers on FMLA rights, by Alan C. Olson, New Berlin

Investment Advice under the New Labor Department Rules, by John E. Donahue, Godfrey & Kahn S.C., Milwaukee

Job search problems continue, by Victor Forberger, Madison, Wisconsin Unemployment

Must Employers Pay Employees To Put On Clothes And Equipment Before Their Shift? by Scott M. Paler, DeWitt Ross & Stevens S.C., Madison

The DOL Issues New Employer Guide to FMLA and FMLA Poster, by James Walcheske, Walcheske & Luzi LLC, Brookfield

Status of Right to Work Law, by Thomas W. Mackenzie, Lindner & Marsack S.C., Milwaukee

Individual Liability under the Family and Medical Leave Act, FYI School Law Newsletter - April 2016, Boardman & Clark LLP, Madison

Tuesday, May 3, 2016

Monday, May 2, 2016

Sunday, May 1, 2016

Wisconsin appellate court week May 2nd-6th 2016

Justice David T. Prosser, Jr. to retire from Supreme Court July 31, Wisconsin Court System

Walker starts looking for Prosser replacement on high court, by Associated Press, Wisconsin Law Journal

Here are the lists of the Wisconsin Court System's links to any

as they are posted.

Supreme Court pending cases and pending disciplinary complaints have no argument scheduled.

The next conference on pending petitions for review is May 4th, next following June 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 May 24th.



Wisconsin Judicial Council:
  • next meeting May 20th;
  • latest posted agenda for meeting April 15th, (with notice of Appellate Procedure Committee and Evidence & Civil Procedure Committee meetings that day, and of Criminal Procedure Committee May 10, 2016);
  • latest posted minutes for meeting March 18th;
  • latest Projects Update - January 2015.

Law and Policy Review, (through Apr 29)

Law and Policy Review

WI Magazine, Volume 25, No. 1 - Spring 2016, Wisconsin Policy Research Institute

2015 Wisconsin Acts 371-392 enacted April 25, 2016 through April 26, 2016

Legislative Council Establishes 2016 Special Study Committees, by Brittney Weiland, public affairs coordinator, State Bar of Wisconsin, Rotunda Report

Wisconsin Administrative Register No. No. 724B, Legislative Reference Bureau

Rewind, WisconsinEye video, "WisconsinEye Senior Producer Steve Walters and WisPolitics.com Editor JR Ross look back at the week in politics for April 25-29."

The Wheeler Report 04/25/2016 on

WisPolitics, recent posts

Key Reads, RightWisconsin, recent posts

WisOpinion, recent posts

Milwaukee Journal Sentinel, State Budget and Politics

Urban Milwaukee, Politics

Friday, April 29, 2016

Environmental Law & Property Rights (through Apr 21)

A Rejuvenated Navigational Servitude? by David Strifling, Marquette University Law School Faculty Blog [link fixed -ed.]

Supreme Court will hear Wisconsin family’s property rights case, by Eric Boehm, Wisconsin Watchdog

Did Public Interest Lawyers Undermine the New Deal Order? by Joanna Lynn Grisingerd, Jotwell Legal History, on Paul Sabin, Environmental Law and the End of the New Deal Order, 33 Law & Hist. Rev. 965 (2015).

Wisconsin Supreme Court Should Go Bold on Property Rights by Adam Jarchow, Right Wisconsin