Thursday, March 26, 2015

WI Magazine - Spring 2015

Posted at Wisconsin Policy Research Institute

Candidates for Board of Governors

At Inside Track,
"The following names were submitted by nomination petition for election to the Board of Governors."

Wednesday, March 25, 2015

Milwaukee Bar Association: Supreme Court Candidate Debate

Video at WisconsinEye
"On March 19, 2015, Senior Producer Steve Walters moderated a judicial forum at the Milwaukee Bar Association with Supreme Court Justice candidates Ann Walsh Bradley and her challenger, Judge James Daley."

One Lawyer’s Perspective: A Guide to the State Bar of Wisconsin

Douglas H. Frazer at Inside Track

Tuesday, March 24, 2015

Wisconsin Supreme Court Open Rules Hearing - March 17, 2015

Two part video at WisconsinEye
"the Wisconsin Supreme Court held an open rules hearing and conference in the matter of the petition to create Wisconsin Statute s. 801.18."

Wisconsin SC to decide if oral arguments in ‘John Doe’ proceedings will be open to public

Jessica M. Karmasek posted at Legal NewsLine.

Proposed Conflict Defender Office to Reduce SPD Appointments to Private Bar

Joe Forward posted at Inside Track.
"A budget proposal aims to reduce the number of indigent defense cases appointed to private bar attorneys by keeping more 'conflict' cases in house. In this article, Waukesha criminal defense lawyer Anthony Cotton raises some concerns."

Woman's Online Mortgage Payment Valid on Day Authorized: 7th Cir.

Casey C. Sullivan posted at FindLaw 7th Circuit News and Information Blog.

Monday, March 23, 2015

Campaign Interview: Judge James Daley

Video at WisconsinEye
"senior producer Steve Walters interviewed Rock County Circuit Court Judge James Daley on his campaign for Supreme Court Justice."

WisconsinEye's Newest Series: WisEye Fish Fry

Posted at Hamilton Consulting Group, Madison.
"WisconsinEye has started a new series called “WisEye Fish Fry,” which features senior producer Steve Walters and Jackie Johnson, a reporter from the Wisconsin Radio Network, interviewing Wisconsin political movers and shakers over the lunch hour on Fridays. The first installment includes interviews with:
•Department of Tourism Secretary Stehanie Klett,
•Senator Jon Erpenbach (D-Middleton),
•Wisconsin Railroad Commissioner Jeff Plale and,
•Scott Hassett, former Department of Natural Resources secretary."

Rewind - for 3/16-3/20

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

Wisconsin appellate court week March 23rd-27th 2015

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 April 19th, 20th, 21st and 22nd.

The next conference on pending petitions for review is April 16th.

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

Pending rules petitions include those scheduled for hearing or conference April 28th.

The Court of Appeals has oral argument scheduled for April 15th and April 21st.

Saturday, March 21, 2015

Officer-Involved Deaths, Race, and Justice

On Monday, March 23, 2015 12:00 PM - 1:00 PM at the Law School, the Wisconsin Student Chapter of the American Constitution Society will hold
"Talking circles facilitated by faculty and students to support discussion of the impact these events have had on our student body and our community and to generate ideas of how we can create change."

Friday, March 20, 2015

Supreme Court Oral Argument: 'State v. Kucharski'

Video at WisconsinEye

Hamilton Political Tidbits - March 20, 2015

Prepared by Hamilton Consulting Group, Madison

Judge Brett Kavanaugh Calls for “Rules of the Road” for Separation of Powers Issues

Alan J. Borsuk posted at on the 2015 Hallows Lecture at Marquette University Law School, titled "Separation of Powers Controversies in the Bush and Obama Administrations: A View from the Trenches".

Tillman on the Presidential Eligibility Clause Debate

A Comment on the Presidential Eligibility Clause Debate by Seth Barrett Tillman is noted at The Originalism Blog

Old Law School Building featured among other UW Madison campus buildings in On Wisconsin

Bonnie Shucha posted at WisBlawg.
"Ever wonder why the gargoyle is the UW Law School’s mascot? It all has to do with those two gargoyles that sit atop the old building."

Thursday, March 19, 2015

The Third Branch - Winter 2015

The latest quarterly issue from the Wisconsin Court System

Supreme Court Oral Argument: 'Mayhugh v. State of Wisconsin'

Video at WisconsinEye

As Expected, Unions File Lawsuit to Challenge the Legality of Wisconsin’s Right-to-Work Law

Bryan T. Symes, Ruder Ware L.L.S.C., Eau Claire, posted at The Blue Ink.

Security vs. Freedom: Contemporary Controversies

Presentations from The Thirty-Third Annual Federalist Society National Student Symposium on Law and Public Policy – 2014 at The Harvard Journal of Law & Public Policy, Volume 38 – Issue 1, and Federalist Edition, Volume 2 – Issue 1

Wednesday, March 18, 2015

Misreading Mcculloch v. Maryland

David S. Schwartz, University of Wisconsin Law School, available for download at Social Science Research Network
"Abstract:

"The conventional reading of McCulloch v. Maryland maintains that that opinion established the constitutional foundations of a broad conception of congressional power. This reading of McCulloch is part of a broader depiction of John Marshall as an 'aggressive nationalist' and 'nation builder' whose 'spacious' interpretations of the powers of Congress contributed significantly to national unification and growth.

"This article argues that the conventional account seriously misreads McCulloch by exaggerating its nationalism. Marshall, though a nationalist, was far more cautious and moderate in his views than the standard story holds, and the text of McCulloch reflects significant ambivalence about most of its most celebrated principles. In crafting the McCulloch opinion, Marshall systematically steered a moderate course relative to the arguments urged by the Bank’s defenders and other prominent nationalists of the time. In particular, McCulloch avoided taking a clear position on any of the leading constitutional controversies of his day — internal improvements, a national power over the money supply, and the scope of the commerce clause. Marshall also stopped conspicuously short of endorsing the Bank’s lawyers’ arguments for an extreme version of judicial deference to Congress’s choice of means and its interpretation of the scope of its own powers."

Univ. of Wisconsin Legal Studies Research Paper No. 1345

Supreme Court Oral Argument: 'State v. Guarnero'

Video at WisconsinEye

More than Scotch and Cigars

Your State Bar column by George C. Brown, executive director for the State Bar of Wisconsin, in the latest Wisconsin Lawyer
Summer time, and the learning will be easy at the State Bar’s Annual Meeting and Conference.

KausFiles returns

Mickey Kaus explains.
"[Note: I posted this on Daily Caller. They took it down, saying I couldn’t 'trash Fox' on their site. I quit Daily Caller. Reposting the item here without changes.]"

Two Ways to Rewrite the Constitution

This paper by Sonu Bedi is the fourth 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.
"The proposition that the Constitution needs to be rewritten begs a critical question—namely what the Constitution is. If we posit that by Constitution we mean the rules drafted by the Philadelphia Convention of 1787 as amended in accordance with Article V of those rules, the argument that many of those rules are out of date and need to be replaced is a powerful one. This inadequacy appears in the powers they grant, the powers they do not grant, some of the limitations they impose on public decisions, and some limitations they ought to impose but do not. No matter how sensible they were for the eighteenth century, changes with respect, at least, to geography, demographics, technology, and prevailing values make current problems of governance substantially different from those confronting the original enactors. And, notwithstanding the regular invocation of the Constitution as expressing the authentic will of “We the People,” every passing decade makes the existence of such a popular endorsement increasingly rhetorical. I also assume, for the sake of this Essay, that the original Constitution’s own procedures for rewriting in Article V are practically unavailable to make the changes necessary to correct these deficiencies. If we accept that the Constitution (as defined) needs to be rewritten, we must then ask how it should be rewritten. I discuss two methods in the balance of this Essay. The first is to write and adopt a new text from scratch. The second is to maintain the existing text but to reinterpret its rules so as to make it better fit with modern realities. Each of these methods, however, suffers from serious problems."

Tuesday, March 17, 2015

Wisconsin Journal of Law, Gender & Society hosts symposium on cyber sexual harassment and assault

"titled 'Civil Rights in the Digital Age: Developing Effective Legal Responses to Cyber Sexual Harassment' on Friday, March 20"
at the Law School

Supreme Court election forum set for March 19 in Milwaukee

Bruce Vielmetti of the Milwaukee Journal Sentinel posted at Proof and Hearsay.
"Incumbent Justice Ann Walsh Bradley and her challenger, Rock County Circuit Judge James Daley are scheduled to speak at an event sponsored by the Milwaukee Bar Association at noon.

"The forum will be held at the MBA office at 424 E. Wells St."

Supreme Court Oral Argument: 'State v. Hogan'

Video at WisconsinEye

Two (or More) for the Price of One

President's Message by Robert Gagan in the latest issue of Wisconsin Lawyer
Serving on a State Bar standing or special committee, or volunteering with a State Bar-sponsored program such as Mock Trial, not only helps the profession and the public but also reaps benefits for attorneys’ practices and personal lives.

Case digests, S. Ct. orders, discipline summaries - March 2015

In this month's issue of Wisconsin Lawyer:

Monday, March 16, 2015

UW holds steady, Marquette drops in latest US News law school rankings

Bruce Vielmetti of the Milwaukee Journal Sentinel posted at Proof and Hearsay on the latest U.S. News & World Report law schools ranking.
"University of Wisconsin's law school in Madison held its 2014 rank at 31st, tied with University of Georgia and University of California-Davis law schools. Last year, Madison had moved up two spots from a 33rd ranking in 2013, but shared the 31st rung with four different schools.

"Marquette University's law school fell to 105, tied with Stetson University in Gulfport, Fla., and Wayne State University in Detroit. Last year, Marquette had cracked the top 100, fitting into a crowded seven-way tie at 93rd."

Supreme Court Oral Argument: 'Ash Park LLC v. Alexander & Bishop Ltd.'

Video at WisconsinEye

Newsmakers: Will Walker be the GOP Presidential Nominee?

Video at WisconsinEye
"senior producer Steve Walters, Mike Wagner, Assistant Professor at the UW-Madison School of Journalism, and Charles Franklin, Professor and Poll Director at Marquette Law School discussed the possibility of Governor Scott Walker (R) becoming the GOP's presidential nominee in 2016."

Rewind - the week of March 9th-13th 2015

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

Wisconsin appellate court week March 16th-20th 2015

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 April 19th, 20th, 21st and 22nd.

The next conference on pending petitions for review is March 16th.

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

Pending rules petitions include those scheduled for hearing or conference March 17th [Agenda] (a link to live streaming audio of rule hearings and conferences is available; Wisconsin Eye has tentatively scheduled video coverage) and April 28th.

The Court of Appeals has oral argument scheduled for April 15th and April 21st.

Thursday, March 12, 2015

Clarke Forsythe 'How We Got to Roe v. Wade' March 12, 2015

[latest posts follow this event notice]

Clarke Forsythe will speak on 'How We Got to Roe v. Wade:What the Justices’ Papers Reveal' at a Noon luncheon Thursday, March 12, 2015, at the Milwaukee Athletic Club, 758 North Broadway.

Mr. Forsythe is Senior Counsel, Americans United for Life. Thanks to the generosity of The Bradley Foundation, every attendee will receive a complimentary copy of Mr. Forsythe's book, Abuse of Discretion: The Inside Story of Roe v. Wade.

We also have a new method for you to reserve your place for the event. You may visit the event's webpage at EventBrite to reserve your space using your credit card. Attendees who are students or who work for the government or a nonprofit will receive the special rate of $15 if they make their reservation by March 9. All others receive the discounted rate of $20. For RSVPs after March 9, the standard rate of $25 applies for everyone.

Reservations may still be made by printing and mailing the invitation, with payment as described abouve, to: Federalist Society, c/o Robert Driscoll, Reinhart Boerner Van Deuren S.C., Suite 1700, 1000 North Water Street, Milwaukee, Wisconsin 53202.

Presented by the Milwaukee Lawyers Chapter.

Insurance Cases, 2008/9 through 2013/14

Alan Ball at SCOWstats

Tuesday, March 10, 2015

Supreme Court Oral Argument: 'MS Real Estate Holdings LLC v. Fox Family Trust'

Video at WisconsinEye

Affirming (Not Rewriting) the Constitution: Higher Lawmaking as a Kind of Civic Education

This paper by Sonu Bedi is the third 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.
"It is clear that we live in deeply partisan and dysfunctional times. Pew Research Center shows that in the last 20 years political parties are more divided than ever. Congressional approval is at a seemingly all-time low. According to a September 2014 Gallup Poll, only 14 percent of the American public expressed approval of what Congress is doing. A recent symposium at Boston University discussed the current crisis as “America’s Political Dysfunction.” The usual scholarly response is that it is time to change, rewrite, or even replace the Constitution. For instance, Sanford Levinson argues that we must amend what he calls the “Constitution of Settlement,” those structural provisions that govern voting, representation, and separation of powers. This Essay begins from the opposite perspective. Rather than focusing on changing or rewriting the Constitution, perhaps it is time to focus on affirming it. In doing so, I suggest one way we can use Article V to do just that, proposing a possible 28th Amendment to the United States Constitution."

State Bar President-elect Candidates Talk Post-recession challenges and Diverse Member Needs in Q&A

"In this Q&A with president-elect hopefuls Kevin Lyons and Fran Deisinger, both of Milwaukee, learn about the challenges they hope to address, the goals they hope to achieve, and their views on meeting the diverse needs of the membership."
at Inside Track

Wisconsin goes 'right-to-work'

2015 Wisconsin Act 1, "Relating to: prohibiting as a condition of employment membership in a labor organization or payments to a labor organization and providing a penalty", enacted yesterday, was published today and so takes effect tomorrow. The text is available at the Wisconsin State Legislature.

Chief Justice Abrahamson's remarks to Joint Finance Committee

Transcript at Wisconsin Court System and WisconsinEye video at Rotunda Report

Monday, March 9, 2015

Supreme Court Oral Argument: 'State v. Chamblis'

Video at WisconsinEye

Hamilton Political Tidbits - March 6, 2015

Prepared by by Hamilton Consulting Group, Madison

Rewind for 3/2-3/6

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

Capitol Roundtable: Gogebic Taconite Mining Project and Right-to-Work

Video at WisconsinEye
"On March 2, 2015 senior producer Steve Walters talked about right-to-work legislation; the Gogebic mine project, and the budget with local capitol journalists Jason Stein, of the Milwaukee Journal Sentinal; Shawn Johnson of Wisconsin Public Radio; and Mary Spicuzza, formerly of the Wisconsin State Journal."

Wisconsin appellate court week March 9th-13th 2015

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 March 10th, [see Calendar and Synopses] (a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage), and April 19th, 20th, 21st and 22nd.

The next conference on pending petitions for review is March 16th.

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

Pending rules petitions include those scheduled for hearing or conference March 17th and April 28th.

The Court of Appeals has oral argument scheduled for April 15th.

Friday, March 6, 2015

The boundaries of the university are the boundaries of the state budget

In last Sunday's 'Crossroads' opinion section of the Milwaukee Journal Sentinel, Rick Esenberg writes Let's have a real debate over the UW System's work and needs.
"whatever the Wisconsin Idea may mean in theory, it can be distorted into a demand on the part of the university that the taxpayers give it money and leave it alone."

Thursday, March 5, 2015

Wisconsin college must release findings on boycott probe, law firm says

Adam Tobias posted at Wisconsin Reporter.
"MATC [Milwaukee Area Technical College] launched an investigation in November after it learned Allison Nicol wrote a letter to Quality Healthcare Options explaining why she stopped advising prospective students to receive training through the company.

"Nicol took exception that owner Sally Sprenger was publicly supporting state Sen. Leah Vukmir, R-Wauwatosa, by displaying campaign signs at the business."

Wednesday, March 4, 2015

This Day in Liberal Judicial Activism—March 5

Ed Whelan's account at Bench Memos includes Babbitz v. McCann, 310 F. Supp. 293.
"1970—A three-judge district court, consisting of Seventh Circuit judge Otto Kerner Jr. and district judges John W. Reynolds and Myron L. Gordon, rules that a Wisconsin law, dating from 1858, that prohibits abortion before quickening violates the Ninth Amendment. ..."

What if the Supreme Court is wrong?

Daniel P. Moynihan wrote an article on What do you do when the Supreme Court is wrong? in The Public Interest (Fall 1979).

Justice William H. Rehnquist sent a letter (October 15, 1979) in response, which is now published in The Green Bag.

The Economic Impact of a Right-to-Work Law on Wisconsin

Report by Richard Vedder, Joseph Hartge, and Christopher Denhart, at the Wisconsin Policy Research Institute

Tuesday, March 3, 2015

Against Very Entrenched Constitutions

This paper by Keith E. Whittington is the second from the first 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.
"In this Essay, I simply want to offer some considerations on the process of constitutional change, with particular consideration of the problem of constitutional entrenchment. Most constitutions are understood to be supreme law within their particular legal systems, but they vary as to how entrenched they are against revision and change. Although constitutions should be resistant to very easy change, we might hesitate to endorse an approach to constitutionalism that seeks to deeply entrench constitutional provisions against future reconsideration."

State Supreme Court candidates agree to 3 appearances

The Associated Press reported at the Wisconsin Law Journal.

Monday, March 2, 2015

Hamilton Political Tidbits - February 27, 2015

Hamilton Consulting Group, Madison

Rewind for 2/23-2/27

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

Wisconsin appellate court week March 2nd-6th 2015

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 March 3rd, 4th and 10th, [see Calendar and Synopses] (a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage), and April 19th, 20th, 21st and 22nd.

The next conference on pending petitions for review is March 16th.

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

Pending rules petitions include those scheduled for hearing or conference March 17th and April 28th.

The Court of Appeals has oral argument scheduled for February 5th and 24th and April 15th.