Sunday, March 19, 2017

Wisconsin appellate court week March 20th-24th 2017

Supreme Court Digest, by Prof. Daniel Blinka and Prof. Thomas Hammer, Marquette University Law School, Wisconsin Lawyer - March 2017

Court of Appeals Digest, by Prof. Daniel Blinka and Prof. Thomas Hammer, Marquette University Law School, Wisconsin Lawyer - March 2017

Lawyer Discipline, Office of Lawyer Regulation, Wisconsin Lawyer - March 2017

Judicial recusal proposal bumped off agenda, 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 include those scheduled for oral argument April 12th and 19th. )

The next conference on pending petitions for review is April 10th.

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 March 20th, and 28th, and April 24th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders



Wisconsin Judicial Council:
  • next meeting April 21st;
  • latest posted agenda for meeting March 17th, with notice of meetings of the Appellate Procedure Committee March 17th, Evidence & Civil Procedure Committee March 28th, and Criminal Procedure Committee April 21st
  • latest posted minutes for meeting January 20th;
  • latest Projects Update - January 2015.

Wednesday, March 15, 2017

Trump's Safe and Sane 'Regulatory Reform' Idea

Cass R. Sunstein at BloombergView,
"Because the White House itself lacks the capacity to scrutinize the stock of existing regulations, the Trump administration was smart to call for task forces within each agency to do that -- and to require them to engage with the public to see which regulations are really causing trouble.

"In addition, Trump’s emphasis on cost-benefit analysis is both welcome and hugely important. Some regulations impose significant costs, and the private sector really doesn’t like them. But they also create significant benefits, by helping consumers save money, preventing illness and saving lives. It would be a mistake, and it could be a tragedy, to repeal them."

(via Althouse)

Sunday, March 12, 2017

Wisconsin appellate court week March 13th-17th 2017

Wisconsin Supreme Court accepts 12 new cases, Wisconsin Court System

High court to discuss judicial recusal proposal, by Associated Press, at Wisconsin Law Journal

“Tough Talk and the Institutional Legitimacy of Our Courts”, by Wisconsin Supreme Court Chief Justice Patience Drake Roggensack, 2017 E. Harold Hallows Lecture at Marquette University Law School, video

Attorney-Discipline Cases, 2014-15 and 2015-16, 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 include those scheduled for oral argument March 15th (see Synopses; a link to live streaming audio of oral arguments is available; ) and April 12th and 19th.

The next conference on pending petitions for review is March 13th, followed by April 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 March 20th, and 28th, and April 24th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders



Wisconsin Judicial Council:
  • next meeting March 17th;
  • latest posted agenda for meeting March 17th, with notice of meetings of the Appellate Procedure Committee March 17th, Evidence & Civil Procedure Committee March 28th, and Criminal Procedure Committee April 21st
  • latest posted minutes for meeting January 20th;
  • latest Projects Update - January 2015.

The Right to Assisted Suicide and Euthanasia, by Neil M. Gorsuch

at Harvard Journal of Law & Public Policy, Vol. 23, p. 599 (Summer 2000)

Judge Gorsuch was then a partner in Kellogg, Huber, Hansen, Todd & Evans, P.L.L.C., Washington, DC.

Friday, March 10, 2017

March 13th, Wisconsin Constitution Day?

"When voters rejected the first draft (1846) of the Wisconsin constitution, a second constitutional convention was called in 1847. This produced a less controversial document that was approved on Feb. 1, 1848, adopted by voters on March 13, 1848, and is still, with amendments, the basic law of the land in Wisconsin.

"As soon as it was approved by the delegates, newspaper publishers rushed copies into print so voters could evaluate it. The first printing appears to have been in the Potosi Republican on Feb. 10, 1848; Madison printers H.A. Tenney and Beriah Brown issued it in pamphlet form about the same time. We give here a color facsimile of the Beriah Brown edition, which accurately reflects the document that voters endorsed and the U.S. Congress approved when it made Wisconsin a state on May, 29, 1848"

at Wisconsin Historical Society

Thursday, March 9, 2017

Karin Agness, 'The Women’s March, Feminism, and Conservatism' March 20th 2017

Karin Agness, founder and president of the Network of Enlightened Women (NeW) will speak on 'The Women’s March, Feminism, and Conservatism' at a Noon luncheon Monday, March 20, 2017 at the Milwaukee Athletic Club, 758 North Broadway.

The cost to attend, for those who reserve by March 13th, is $20 ($15 for students, teachers, judges and other government employees, clergy, and employees of nonprofits). After March 13th the cost to attend is $25. 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.
Seating is limited. After that date, the cost is $25. Refunds cannot be given to those who reserve but do not attend.

Presented by the Milwaukee Lawyers Chapter.

Monday, March 6, 2017

Wisconsin appellate court week March 6th-10th 2017

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 include those scheduled for oral argument March 15th.

The next conference on pending petitions for review is March 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 March 8th, 20th, and 28th, and April 24th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders



Wisconsin Judicial Council:

Thursday, March 2, 2017

National Student Symposium 2017 @Twitter usernames and hashtags

If you follow #FedSocEvents you know @ColumbiaLaw hosts this year's National Student Symposium March 3rd-4th. Here's a summary schedule with presenters.


Panel 1: Privacy and Freedom of the Press

@RichardAEpstein @nyulaw
@irina_manta @Hofstra_Law
@JameelJaffer @Columbia
@SteveCollNY @columbiajourn
Judge Reena Raggi (2nd Cir)


Panel 2: Campaign Finance and Free Speech

Prof Brad Smith @CapitalLaw
Prof Richard Pildes @nyulaw
@joldmcginn @NorthwesternLaw
Ciara Torres-Spelliscy @BrennanCenter
Judge Richard J. Sullivan (SDNY)


Debate: ABA Model Rule 8.4

Eugene Volokh @UCLA_Law
Robert N. Weiner @apks_law
Judge Lavenski Smith (8th Cir)


Panel 3: Religious Liberty after the USCCR Report

Prof Bill Marshall @unc_law
Prof Michael Paulsen @USTLawMN
@Marci_Hamilton @CardozoLaw
Prof Douglas Laycock @UVALaw
Judge William H. Pryor Jr (11th Cir)


Panel 4: Universities and the First Amendment

Prof Robert Post @YaleLawSch
Prof Phillip Hamburger @ColumbiaLaw
Prof Suzanne Goldberg @ColumbiaLaw
Prof Michael McConnell @StanfordLaw
Judge Thomas Hardiman (3rd Cir)


Banquet Dinner

@RichardAEpstein @nyulaw

Sunday, February 26, 2017

Wisconsin appellate court week February 27th-March 3rd 2017

Wisconsin Supreme Court Statistics, 1989-1990, 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 include those scheduled for oral argument February 28th (see Synopses; a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage;) and March 15th.

The next conference on pending petitions for review is March 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 March 8th, 20th, and 28th, and April 24th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders



Wisconsin Judicial Council:

Thursday, February 23, 2017

Woe, Nelly: Ed Garvey R.I.P.

'Ed Garvey, labor lawyer and progressive firebrand, has died' Dave Zwiefel reported yesterday at The Capital Times.

Here's our post quoting from his comments at 'Fighting Bob' on the occasion of Elena Kagan's nomination to the U.S. Supreme Court.

Monday, February 20, 2017

Wisconsin appellate court week February 20th-24th 2017

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 include those scheduled for oral argument February 28th (see Synopses; a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage;) and March 15th.

The next conference on pending petitions for review is March 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 March 8th, 20th, and 28th, and April 24th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders



Wisconsin Judicial Council:

Monday, February 13, 2017

Peter Kirsanow 'The Status and Future of Religious Liberty in the United States' February 16, 2017

Sorry to report this event has been canceled. Refunds will be made to anyone who prepaid.

Sunday, February 12, 2017

Wisconsin appellate court week February 13th-17th 2017

Supreme Court Digest, and Court of Appeals Digest, by Profs. Daniel D. Blinka and Thomas J. Hammer, Marquette University Law School, Wisconsin Lawyer, February 2017

State Bar President Urges Governor to Boost Funding for the Judicial System, by Brittney Weiland, Rotunda Report

Some Thoughts on the Supreme Court’s 2016-17 Docket, by Alan Ball, SCOWstats

Gov. Scott Walker wants Wisconsin's independent judicial watchdog under Supreme Court, by Jason Stein and Patrick Marley, Milwaukee Journal Sentinel



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 include those scheduled for oral argument February 15th, 17th and 28th (see Synopses; a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage;) and March 15th.

The next conference on pending petitions for review is February 13th, followed by March 13th.

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

Pending rules petitions include those scheduled for hearing or conference February 16th. (see 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 oral argument scheduled for March 8th, 20th, and 28th, and April 24th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders

Proposed Changes to Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure: Comment by Feb. 15, Inside Track



Wisconsin Judicial Council:

Wednesday, February 8, 2017

International Law in the Trump Era: Expectations, Hopes, and Fears

Video and audio from this recent national Federalist Society event:

Applying the U.S. Constitution to Foreign Asylum Seekers:

'Exposing a Curious, Inconsistent Practice in the Federal Courts', by Shalini Bhargava Ray, at Marquette Law Review.
[Abstract] "Asylum law is based on an international treaty, but federal courts routinely invoke U.S. constitutional norms in adjudicating asylum claims. Specifically, they rely on constitutional norms when gauging whether an asylum applicant has suffered harm amounting to 'persecution' and whether the harm was inflicted “on account of” a protected characteristic, such as political opinion or religion. In a close analysis of this unusual practice, this Article argues that federal courts have come to inconsistent, and often incompatible, conclusions regarding the use of constitutional norms in the analysis of asylum claims: principally, on whether constitutional norms establish sufficient, insufficient, necessary, or unnecessary conditions for qualifying for asylum. In addition to exposing these inconsistencies, this Article offers insights into improving the current practice of using constitutional norms in deciding asylum cases. Ultimately, this Article seeks to start a larger discussion of the diverse roles of constitutional law in asylum law and of the relationship between U.S. constitutional law and international human rights law—what it is and what it should be."

Sunday, February 5, 2017

Wisconsin appellate court week Feb 6th-10th 2017

Parole Commission chair resigns to work for chief justice, by Associated Press, Wisconsin Law Journal

Judge fights sanction by victims rights board, by Bruce Vielmetti, Milwaukee Journal Sentinel

Monthly Argument Calendar: For the Session Beginning March 20, 2017, Supreme Court of the United States, includes Murr v. Wisconsin



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 include those scheduled for oral argument February 15th, 17th and 28th (see Synopses;) and March 15th.

The next conference on pending petitions for review is February 13th.

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

Pending rules petitions include those scheduled for hearing or conference February 16th. (see Agenda;)

The Court of Appeals has oral argument scheduled for March 8th, 20th, and 28th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders

Proposed Changes to Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure: Comment by Feb. 15, Inside Track



Wisconsin Judicial Council:

Whose rules, whose laws

Review of Law Professors: Three Centuries of Shaping American Law, by Stephen B. Presser, at The Economist.
"The notion of the court as a mechanism for going beyond statutes and past decisions to define justice opened up a wide field of study in the latter half of the 20th century. Among the many professors to shape the judicial system during that time were Ronald Dworkin, a professor at New York University and Oxford, who argued that law must be debated on the basis of moral concepts rather than rules; Richard Posner, a senior lecturer at the University of Chicago and a federal judge, who has been called the single most cited legal authority largely because of his development of cost-benefit analysis; and, conversely, Cass Sunstein, also of Chicago, then Harvard, then the Obama administration, who concluded that the failure of people to act rationally justifies judicial and governmental intervention.
...
"The great figure who opposed this approach was Antonin Scalia, who left the Chicago faculty to be a federal appeals court judge then a Supreme Court justice, and whose death almost exactly a year ago created the current opening.

"As Mr Presser writes, Scalia believed the law and constitution should be followed by interpreting both as they were understood at the time they were enacted rather than stretched by unelected judges, since original intent was the best means of implementing the will of the people. Change should come through popular votes and the laws enacted by elected legislators. This approach, more than any particular issue, is a fundamental challenge to an expansive court, presidency and even, perhaps, to the aristocratic position that de Tocqueville discerned in the law."

Wednesday, February 1, 2017

The Original Understanding of "Property" in the Constitution

Paul J. Larkin Jr. at Marquette Law Review,
[Abstract] "Contemporary Supreme Court jurisprudence treats 'property' as far less deserving of judicial protection than 'life' or 'liberty.' The Supreme Court, however, has misread American legal history. Anglo-American traditions, customs, and law held that property was an essential ingredient of the liberty that the Colonists had come to enjoy and must be protected against arbitrary governmental interference. The Framers’ generation believed that 'property' and 'liberty' were equally important institutions and that neither one could exist without the other. The Framers venerated property as a means of guaranteeing personal independence because (among other things) the concept of 'property' embraced the legal rights to which everyone was entitled, such as the right to governance under 'the rule of law.' Property was not immune from regulation, but that regulation had to be for the purpose of promoting 'the general Welfare,' not the interests of specific groups or people. It is time for the Supreme Court to revisit Anglo-American legal history and to re-examine its precedents in light of what that history teaches."

Sunday, January 29, 2017

Wisconsin appellate court week January 30th-February 3rd 2017

Wisconsin court system releases new juror orientation video



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 include those scheduled for oral argument February 15th, 17th and 28th and March 15th.

The next conference on pending petitions for review is February 13th.

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

Pending rules petitions include those scheduled for hearing or conference February 16th.

The Court of Appeals has oral argument scheduled for January 31st and March 8th, 20th, and 28th, and May 3rd.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders

Proposed Changes to Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure: Comment by Feb. 15, Inside Track



Wisconsin Judicial Council:

Sunday, January 22, 2017

Wisconsin appellate court week January 23rd-27th 2017

Fantasy League Competition is Underway, by Alan Ball, SCOWstats

Minutes of the Meeting December 16, 2016, Wisconsin Judicial Council



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 include those scheduled for oral argument February 15th, 17th and 28th.

The next conference on pending petitions for review is February 13th.

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

Pending rules petitions include those scheduled for hearing or conference February 16th.

The Court of Appeals has oral argument scheduled for January 31st and March 20th.



U.S. Court of Appeals for the 7th Circuit Opinions and Unpublished Orders

Proposed Changes to Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure: Comment by Feb. 15, Inside Track


Wisconsin Judicial Council:

Friday, January 20, 2017

Decline in Membership

Your State Bar column by George C. Brown, its executive director, in this month's Wisconsin Lawyer.
"For the first time since the Wisconsin Supreme Court created the mandatory bar association in 1957, the State Bar of Wisconsin is projected to lose membership during the 2017-2018 fiscal year (FY18), which runs from July 1, 2017 through June 30, 2018."

Wednesday, January 18, 2017

Hamilton’s Legal Writing Lessons

Stephanie L. Melnick, Melnick & Melnick S.C., Mequon, at this month's Wisconsin Lawyer.
"Hamilton was a talented and a prolific writer, drafting powerful and important political works – including 51 of the 85 Federalist Papers – while managing a legal practice. According to Ron Chernow, who wrote the biography Alexander Hamilton on which the musical is based, 'Words were [Hamilton’s] chief weapons... .'"