Monday, May 2, 2016

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

[latest posts follow this event notice]

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.

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.

Advance eSheet April 25-29, 2016

Weekly tort and insurance update at Wisconsin Defense Counsel

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

Thursday, April 28, 2016

Financial Services & E-Commerce (through Apr 21)

The Alt-Chain Revolution: Regulatory Considerations for the Next Wave of Bitcoin Innovation, White Paper by David B. Rivkin, Jr. and Andrew Grossman, The Federalist Society

Clever Structuring Won’t Save A Fraudulent Transfer in the Seventh Circuit, by Peter C. Blain, Reinhart Boerner Van Deuren s.c., Milwaukee

Wisconsin Broker-Dealers Will Owe Fiduciary Duties for Retirement Investment Advice, by Eric L. Maassen and Max S. Meckstroth, Foley & Lardner LLP, Milwaukee

New Market Tax Credit Award Update, by Hamang B. Patel, Michael Best & Friedrich LLP, Madison

Wisconsin Directors Beware!! Failure to Give a Plant Closing Notice Could Subject You to Personal Liability, by Peter C. Blain, Reinhart Boerner Van Deuren s.c., Milwaukee

Wednesday, April 27, 2016

Professional Responsibility & Legal Education (through Apr 22)

Lawyer Discipline, Office of Lawyer Regulation, Wisconsin Lawyer - April 2016

The Counterintuitive Costs and Benefits of Clinical Legal Education, by Richard E. Redding, Vice Chancellor for Graduate Education and Wang-Fradkin Professor of Law, Psychology, and Education, Chapman University, WLR Forward

Ethical Dilemmas: Ethical Responsibilities of Stand-by Counsel, Inside Track

In the Matter of the Petition to Amend Supreme Court Rules 22.001(2), 22.02(6)(c), 22.03(1), 22.25(3), and 22.25(4), 14-06, 2016 WI 28

Interview Speed Dating, by Andrea Schneider, Marquette Law School, Indisputably

Elm Grove lawyer hit with additional year of suspension, by Bruce Vielmetti, Milwaukee Journal Sentinel, Proof and Hearsay

How Cosmopolitan Are International Law Professors? by Ryan Scoville, Marquette Law School

Tuesday, April 26, 2016

Civil Rights (through Apr 21)

State appeals court clarifies ‘webcam abortion’ law, by Bryna Godar, Associated Press, Wisconsin Law Journal

The Trouble with Tenure, by Mike Nichols and Mike Flaherty with Charles Sorensen, WPRI Report, Wisconsin Policy Research Institute

Concealed Carry on City Buses Among Cases Added to Supreme Court Docket, WisBar News

Milwaukee Not Among Most Racist Cities: So says new study, which also ranks state as among the most tolerant in America, by Bruce Murphy, Urban Milwaukee

Municipalities May Continue to Draw Districts Based on Total Population, by Holly J. Wilson and Susan Allen

Let Them Eat Lobster, by Charles Sykes, review of Evicted, by Matthew Desmond, Commentary

Taxing trend: Wisconsinites voting to raise own taxes to pay for schools, by James Wigderson, Wisconsin Watchdog

Monday, April 25, 2016

Sunday, April 24, 2016

Wisconsin appellate court week April 25th-29th 2016

Chief justice to speak at BOG meeting, by Erika Strebel, 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.

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.

Saturday, April 23, 2016

Law and Policy Review (through Apr 22)

2015 Wisconsin Acts 365-370 enacted April 19, 2016

Wisconsin Administrative Register No. 724A3, 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 18-22"

The Wheeler Report 04/18/2016 on

WisPolitics, recent posts

Key Reads, RightWisconsin, recent posts

WisOpinion, recent posts

Milwaukee Journal Sentinel, State Budget and Politics

Urban Milwaukee, Politics

Friday, April 22, 2016

Labor & Employment Law (through Apr 16)

New Department of Labor Rule Will Greatly Expand the Duty of Employers and Consultants to Report "Persuader Activities", by Thomas R. Crone & William G. Bracken, von Briesen & Roper s.c., Milwaukee

New Wisconsin Employment Legislation from 2015-2016 Legislature, by Jesse Dill, Walcheske & Luzi LLC, Brookfield

Update on Wisconsin's Right-to-Work Law, by Thomas W. Scrivner, Michael Best & Friedrich LLP, Milwaukee

NLRB Blogs, by Dean R. Dietrich, Ruder Ware L.L.S.C., Wausau, The Blue Ink

Wisconsin court upholds employer wellness program, by Alan C. Olson, Milwaukee

DOL’s Final Rule on the Definition of "Fiduciary", by Michael T. Solberg and Benjamin D. Suesskind, Reinhart Boerner Van Deuren s.c., Milwaukee

Judge issues final ruling blocking right to work — for now, by Patrick Marley, Milwaukee Journal Sentinel

Same-sex spouses of federal workers officially included in FMLA, by Alan C. Olson, Milwaukee

Intellectual Property (through Apr 15)

Trademark Madness, Boardman & Clark LLP, Madison

Understanding Everyday Infringement of Copyrights and Trademarks, by Benjamin R. Imhoff and Thomas R. Knight, featured in March 2016 Newsletter, Vol 9, Issue 1, Andrus Intellectual Property Law LLP, Milwaukee

Video: Protecting a Trademark: Steps in Protecting Rights in a Trademark Once it is Selected, with Randy Brotherhood, Meissner Tierney Fisher & Nichols S.C., Milwaukee

Silicon Valley’s Challenge to Intellectual Property Law, by Alan J. Borsuk, Marquette University Law School Faculty Blog

Happy Birthday to You: Megahit Song May Enter Public Domain, Boyle Frederickson S.C., Milwaukee

Thursday, April 21, 2016

Free Speech & Election Law (through Apr 15)

Citizens Coerced: A Legislative Fix for Workplace Political Intimidation Post-Citizens United, by Alexander Hertel-Fernandez, Harvard University, PhD Candidate, and Paul M. Secunda, Marquette University - Law School, UCLA Law Review, Vol. 64, p. 1, 2016, Forthcoming, Marquette Law School Legal Studies Paper No. 16-02

2 attorneys appointed to ethics, elections commissions, by Associated Press, Wisconsin Law Journal

Civil Rights, Constitutional Law and Election Law, Frank v. Walker, Justia U.S. 7th Circuit Court of Appeals Opinion Summaries

Communications Law and Constitutional Law, Six Star Holdings, LLC v. City of Milwaukee, Justia U.S. 7th Circuit Court of Appeals Opinion Summaries

Speaking Up: The First Amendment and Wisconsin’s Public Educators, by Amy E. Casey, Wisconsin Lawyer - April 2016

7th Cir. Revives Challenge to Wisconsin Voter ID Law, by Casey C. Sullivan, FindLaw 7th Circuit News and Information Blog

At Marquette, it’s ‘speak at your own risk’, by James Wigderson, Wisconsin Watchdog

Financial Services & E-Commerce (through Apr 14)

7th Cir. Affirms 'Substance Over Form' Doctrine in Fraud Case, by Jonathan R. Tung, FindLaw 7th Circuit News and Information Blog

Don’t Wait Until the Cows Come Home: Changes to WHEDA’s Agricultural Loan Guarantee Programs, by Ann Ustad Smith, Michael Best & Friedrich S.C., Madison

Artificial vs. Economic Impairment of Claims – The Sixth Circuit Rules, by Peter C. Blain, Reinhart Boerner Van Deuren s.c., Milwaukee

How to Foreclose against Abandoned Properties, by Chris K. Flowers and Andrew S. Oettinger, Godfrey & Kahn S.C., Milwaukee, Wisconsin Lawyer - April 2016

Banking, Bankruptcy, Landlord - Tenant and Real Estate & Property Law, Liebzeit v. Intercity State Bank, FSB, Justia U.S. 7th Circuit Court of Appeals Opinion Summaries

Wednesday, April 20, 2016

Bar Watch (through Apr 14)

Have Your Say: Get to Know Board of Governors and Division Candidates, Inside Track
Wisconsin Legislature Ends Session, Puts off Key State Bar Bills, by Cale Battles, government relations coordinator, State Bar of Wisconsin

Have Your Say: Vote by April 22 in State Bar Elections, Inside Track

Membership Has Privileges: 'State Bar membership comes with many benefits, which the organization is privileged to provide to you.' Your State Bar column by George C. Brown, Executive Director, Wisconsin Lawyer - April 2016

By the Numbers: State Bar of Wisconsin Membership, Wisconsin Lawyer - April 2016

Explore a World of Possibilities with your State Bar of Wisconsin Membership, Wisconsin Lawyer - April 2016

Titletown, Here We Come! 'This year’s Annual Meeting & Conference in Green Bay is shaping up to be one full of highlights you won’t want to miss.' President's Message column by Ralph M. Cagle, Wisconsin Lawyer - April 2016

General Body and Elections Meeting, Wisconsin Law School Chapter, American Constitution Society, April 21, 2016 12:00 PM - 1:00 PM

Corporations, Securities & Antitrust (through Apr 13)

The First Investor-State Arbitration, by Jason W. Yackee, University of Wisconsin Law School, Social Science Research Network

Basics & Beyond: An Annotated List for Startups #4-6, by Joe Boucher and Drew Coursin, Neider & Boucher S.C., Madison

Resale Price Maintenance & State Law Holdups White Paper by David S. Olson, Associate Professor of Law, Boston College Law School, The Federalist Society

What Are Statutory Close Corporations and How Are They Different from Regular Corporations? by Jennifer M. Krueger, Boardman & Clark LLP, Madison

Small Providers Beware: Antitrust Enforcement Applies Regardless of Size, by Brad M. Dennis, Nicole S. Dermer, and Tracey L. Klein, Reinhart Boerner Van Deuren s.c., Milwaukee

Tuesday, April 19, 2016

Advance eSheet April 11-15, 2016

Weekly tort and insurance update at Wisconsin Defense Counsel

Criminal Law & Procedure (through Apr 13)

U.S. Appeals Court releases ex-bank executive from prison, by Bruce Vielmetti, Milwaukee Journal Sentinel

Supreme Court Upholds Conviction After Retrospective Competency Decisions, by Joe Forward, WisBar News

Milwaukee County awarded $2 million MacArthur Foundation grant, Wisconsin Court System

On Point, State Public Defender

Administrative Law & Regulation (through Apr 14)

Commissioner Nickel Reminds Consumers to Plan for Their Retirement, Office of the Commissioner of Insurance

No More TOS Inspection Ordinances: Wisconsin Changes the Law of Municipal Ordinances Requiring Inspections of Private Property, by John D. Finerty, Jr. and Nancy Leary Haggerty, Michael Best & Friedrich LLP, Milwaukee

What You Think You Know But Don’t: The Dependency Exemption Tax Deduction, by Jay W. Miller, Whitefish Bay, Wisconsin Lawyer - April 2016

Challenging residential property tax assessments, by Richard A. Bartolomei II and Andrew S. Oettinger, Godfrey & Kahn S.C., Milwaukee

Drone Law 101, by David Strifling, Marquette University Law School Faculty Blog

Monday, April 18, 2016

Federalism & Separation of Powers (through Apr 14)

From Marbury to Garland, by Richard Samuelson, The Weekly Standard

Supreme Court decides reservation boundary case in tribe’s favor, Indian Nations Law Update - April 2016, by Brian L. Pierson, Godfrey & Kahn S.C., Milwaukee

A Letter from the Grave: Scalia to Tillman, posted by Seth Barrett Tillman, The New Reform Club September 13, 2010, The New Reform Club

Hold the broccoli, Congress, The Dark Side column by David Ziemer, Wisconsin Law Journal

Tillman Responding to Washington Post Op-Ed: Gregory L. Diskant--Obama can appoint Merrick Garland to the Supreme Court if the Senate does nothing, posted by Seth Barrett Tillman, The New Reform Club

Insights Offered on Working in the White House and Judicial Nomination Gridlock, by Alan J. Borsuk, Marquette University Law School Faculty Blog

Sunday, April 17, 2016

Wisconsin appellate court week April 18th-22nd 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 May 4th.

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 Commission latest annual report 2015



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.

Friday, April 15, 2016

Docket Watch; Law and Policy Review and Preview; (through April 15)

Supreme Court Open Rules and Administrative Conference, WisconsinEye video and Wisconsin Court System Agenda


2015 Wisconsin Acts 349-363 enacted April 11, 2016 through April 15, 2016

Wisconsin Administrative Register No. 724A2, Legislative Reference Bureau

Hamilton Political Tidbits - April 15, 2016, The Hamilton Consulting Group, Madison

The Wheeler Report 04/11/2016 on

WisPolitics, recent posts

Key Reads, RightWisconsin, recent posts

WisOpinion, recent posts

Milwaukee Journal Sentinel, State Budget and Politics

Urban Milwaukee, Politics

Administrative Law & Regulation (through Apr 8)

How a Lone Conservative Firebrand Became the FTC’s Worst Nightmare, by Brendan Sasso, The Atlantic

Court of Appeals Explains Options for Appealing Police and Fire Commission Disciplinary Actions, by Holly J. Wilson and Jeffrey A. Mandell, Stafford Rosenbaum LLP, Madison

New Law Gives Landlords More Tools to Remove Problem Tenants, by Brian A. Schuk, Wassel, Harvey & Schuk LLP, Delavan, Inside Track

CMS invites scenarios and questions on provider-based status law changes, by Molly R. Berkery, Green Bay, and Thomas N. Shorter, Madison, Godfrey & Kahn S.C.

Thursday, April 14, 2016

Criminal Law & Procedure (through Apr 7)

Appeals Court: Man Convicted in 1982 Murder Can have Evidence Tested for DNA, by Joe Forward, WisBar News

Supreme Court Oral Argument: State of Wisconsin v. Eric L. Loomis, WisconsinEye video and Wisconsin Court System synopsis

Appeals Court Grants New Trial for 2009 Milwaukee Murder, Attempted Murder, by Joe Forward, WisBar News

Supreme Court Oral Argument: State of Wisconsin v. Timothy L. Finley, Jr., WisconsinEye video and Wisconsin Court System synopsis

Supreme Court Oral Argument: City of Eau Claire v. Melissa M. Booth, WisconsinEye video and Wisconsin Court System synopsis

Supreme Court Oral Argument: State of Wisconsin v. Rory A. McKellips, WisconsinEye video and Wisconsin Court System synopsis

Wednesday, April 13, 2016

Professional Responsibility & Legal Education (through Apr 10)

Federalist Society Review, Volume 17, Issue 1, renamed from Engage, it features articles from the Society's practice groups

Tightening Twiqbal: Why Plausibility Must Be Confined to the Complaint, by Justin Rand, 9 Fed. Ct. L. Rev. 79 (Spring 2016)

Congratulations to the 2016 Jenkins Honors Moot Court Semifinalists, by Melissa L. Greipp, Marquette University Law School Faculty Blog

Call for Topic Proposals, Wisconsin Law Review Symposium Fall 2016

The Federalist Paper, Spring 2016, on events and other news about The Federalist Society

64 Wisconsin Law Blogs: Self-Teaching, Informing, and Marketing All at Once, by Joe Forward, Inside Track

Marquette Teams Excel in Negotiation Competition, by Andrea K. Schneider, Marquette University Law School Faculty Blog

Trump Voters and Modern American Legal Academia, by Seth Barrett Tillman, The New Reform Club

Wisconsin Law Review, Volume 2016, No. 1

Tuesday, April 12, 2016

Labor & Employment Law (through Apr 8)

Not so fast, DOL! Congress seeks to nullify new proposed overtime updates, by Rebeca M. Lopez, Godfrey & Kahn S.C., Milwaukee

OSHA Releases Final Silica Rules, by Micheal D. Hahn and Buck Sweeney, Axley Brynelson LLP, Madison

Avoiding and Defending Claims of Cat’s Paw Liability in Employment Discrimination Cases, by Aaron J. Graf, Mallery & Zimmerman S.C., Milwaukee

Fourth Circuit Unable to Determine Whether Driving is an Essential Function of a Traveling Salesperson's Job, by Farrah N.W. Rifelj and Miguel A. Manriquez, Michael Best & Friedrich S.C., Madison

Individual liability under the FMLA, by Margaret R. Kurlinski, Godfrey & Kahn S.C., Milwaukee, All in a Day’s Work® blog

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

Update on Timing of Department of Labor’s Final Overtime Rules, by Christopher L. Nickels, Sean M. Scullen and Michael Aldana, Quarles & Brady LLP, Milwaukee

Benefit Plans of Church-Affiliated Organizations May Have to Comply with ERISA, by Charles P. Stevens and Martin P. Tierney, Milwaukee, Jorge M. Leon, Chicago, Kirk A. Pelikan and Mark A. Lotito, Milwaukee, Michael Best & Friedrich S.C.

Judge strikes down state's right-to-work law, by Patrick Marley and Jason Stein, Milwaukee Journal Sentinel

Sunday, April 10, 2016

Wisconsin appellate court week April 11th-15th 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 May 4th.

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

Pending rules petitions include those scheduled for hearing or conference April 13th (Agenda; a link to live streaming audio of rule hearings and conferences is available;) .

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



Wisconsin Judicial Commission latest annual report 2015



Wisconsin Judicial Council:
  • next meeting April 15th;
  • 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 February 19th;
  • latest Projects Update - January 2015.