Friday, April 18, 2014

Panel 'School Choice' April 24, 2014

The Milwaukee Lawyers Chapter of the Federalist Society presents a panel discussion on the topic:
'Resolved: School Choice Strengthens Both Public and Private Education Through a Competitive Marketplace'
at a Noon luncheon Thursday, April 24, 2014, at the Milwaukee Athletic Club, 758 North Broadway.

On the panel are:

Anneliese M. Dickman, Independent Policy Researcher
Jamie Luehring, HOPE Christian Schools
Richard M. Esenberg, Wisconsin Institute for Law & Liberty (WILL)
The Moderator is C.J. Szafir, also of WILL. You can find more information on the panelists and moderator on the invitation.

Reservations may be made by printing and mailing the invitation with $20.00 ($15 for students, teachers, judges, clergy and employees of non-profits) to: Federalist Society, c/o Robert Driscoll, Reinhart Boerner Van Deuren S.C., Suite 1700, 1000 North Water Street, Milwaukee, Wisconsin 53202, for receipt on or before April 17, 2014. Reservations may also be made by e-mail. 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.

Vanishing into the Ether: Link Rot and Disappearing Precedent

Kristina Niedringhaus posted at Jotwell, and cites Something Rotten in the State of Legal Citation: The Life Span of a United States Supreme Court Citation Containing an Internet Link (1996-2010), by Raizel Liebler & June Liebert, 15 Yale J.L. & Tech. 273 (2013)).

Protecting Confidential Company Information

Jamie L. Lopez posted at Gonzalez Saggio & Harlan LLP.

New Wisconsin Law Bars Employers From Requiring Disclosure of Social Media Passwords

Nicholas Anderson posted at Quarles & Brady LLP.

Proposed Federal Rule would End State GMO Efforts

Paul E. Benson posted at Michael Best & Friedrich LLP.

Lawyers Just Want to Have Fun

President's Message by Patrick J. Fiedler, on the 2014 State Bar of Wisconsin Annual Meeting and Conference, in this month's Wisconsin Lawyer

Thursday, April 17, 2014

Toward Improved Intellectual Diversity in Law Schools

This article by George W. Dent, Jr., in the Harvard Journal of Law & Public Policy, Volume 37 – Issue 1, Winter 2014, is based on his presentation at the Harvard Federalist Society’s conference on "Intellectual Diversity and the Legal Academy" held on April 5, 2013, at the Harvard Law School.

Drive Other Car Exclusion Deemed Unenforceable to Preclude Stacking UM Coverage

Thomas Donnelly of Emile Banks & Associate posted at Wisconsin Defense Counsel on Dicks v. Great West Casualty Co. (2013AP79)

A year at the top

Caley Clinton reported at Wisconsin Law Journal on how "Serving as president of the State Bar of Wisconsin is like riding a Ferris wheel that goes around only once."

NLRB Interferes with Employer's Freedom to Moderate the Workplace

Geoffrey S. Trotier posted at von Briesen & Roper S.C..

Names and Email Addresses of Constituents Must be Disclosed Under Public Records Law

Sara Mills posted at On the Docket on last week's Wisconsin Court of Appeals decision in John K. MacIver Institute for Public Policy Inc. v. Erpenbach (2013AP1187) [Recommended for Publication].

Wednesday, April 16, 2014

Tuesday, April 15, 2014

Free To Choose Medicine

This article by Bartley J. Madden and Gregory Conko is published in the latest issue of Engage: The Journal of the Federalist Society Practice Groups.

The home-school conundrum

'Lexington' writes at The Economist on 'Meeting the German Christians who claimed asylum in America'.

Do Your Employees Wear Clothes to Work?

Shelley Napolitano posted at DRI Blog on the "donning and doffing" controversy.

Group targets UW-Madison, Harvard, UNC over admissions practices

Bruce Vielmetti posted last week at Proof and Hearsay, "Wisconsin's flagship public university unfairly discriminates by race when deciding whom to admit, according to a group making similar claims against Harvard University and the University of North Carolina-Chapel Hill."

Monday, April 14, 2014

The uncertain effects of the Affordable Care Act

David H. Abney posted at Trial.

Motorola's Price Fixing Antitrust Claims Mostly Fail

Gabriella Khorasanee posted at 7th Circuit News and Information Blog.

Coverage for Wrongful Death Claim Brought by Non-Insured Parent Barred by Intra-Insured Suit Exclusion

Leah L. Isakson of Lommen Abdo Cole King & Stageberg P.A., provides this analysis in WDC Journal of the Wisconsin Court of Appeals decision in Barrows v. Renfrow, 2014 WI App 11, 352 Wis. 2d 436, 842 N.W.2d 508 (2013AP720).

Wisconsin Enacts Key Changes to Health Laws

Matthew M. Hall posts at Hall Render.

Court Acts on Dues Structure Change, Governance Removal Petitions

Joe Forward reported at WisBar News, including that on Rule Petition 13-07,
"Several justices recognized a removal provision as good governance, but voiced concern that a provision allowing removal for actions 'contrary to the best interest of the State Bar' was overboard and ambiguous. The State Bar may redraft and resubmit."

Sunday, April 13, 2014

Wisconsin appellate court week April 14-18, 2014

Here are the lists of the Wisconsin Court System's links to any opinions this week from the Supreme Court and Court of Appeals, and Court of Appeals certifications, as they are posted.

Supreme Court pending cases (none currently scheduled for argument)

Supreme Court pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for April 29th, and May 27, 2014.

Friday, April 11, 2014

Appeals court erred in joint custody decision

Gregg Herman posts at Wisconsin Law Journal on the decision in Marcott v. Marcott, 2013AP96.

Mergers & Acquisitions 'The Year in Review' 2013

Brett D. Koeller, C.J. Wauters and Mark C. Witt posted at Godfrey & Kahn S.C.

Public Perception Not a Rational Basis for Revoking Conditional Use Permit

Buck Sweeney and Clarke Sugar posted at Axley Brynelson LLP on the Wisconsin Court of Appeals decision in Oneida Seven Generations Corp. v. City of Green Bay, 2013AP591.

Thursday, April 10, 2014

Employment Practices Newsletter - April 2014

Hinshaw & Culbertson LLP posted.

Clearing the Air: The Real Reason Why Drones are the Weapon of Choice in Counterterrorism and Why That is a Good Thing for Civilians

This article by Michael W. Lewis is published in the latest issue of Engage: The Journal of the Federalist Society Practice Groups.

Imprisonment Inertia and Public Attitudes Toward 'Truth in Sentencing'

This article by Michael M. O'Hear of Marquette University Law School, and Darren Wheelock of the Marquette University Department of Social and Cultural Sciences is available for download at SSRN. [link fixed -ed.]

Brigham Young University Law Review, Forthcoming (2015)
Marquette Law School Legal Studies Paper No. 14-08

'Quickie Election' Rule Under Attack

Dean Dietrich posted at The Blue Ink, Ruder Ware L.L.S.C..

Wisconsin Appeals Court Upholds Wind Siting Rule

Hamilton Consulting Group posted on the decision in Wisconsin Realtors Assn v. Public Service Commission, 2013AP1407.

Wednesday, April 9, 2014

Under Lemon Law, 'Comparable' May Mean 'Identical' When Dealing With Custom Vehicles

Sara Mills posted at On the Docket, Crivello Carlson S.C., on a ruling by the U.S. District Court for the Eastern District of Wisconsin in Walter Septic v Mack Truck., 12-C-0317.

Aggregate Contribution Limits Unconstitutional

Mike B. Wittenwyler posted at Godfrey & Kahn S.C. on the U.S. Supreme Court decision in McCutcheon v. Federal Election Commission, No. 12-536.

Lake Delton homeowners denied damages in 2008 flood

Bruce Vielmetti reported at the Milwaukee Journal Sentinel on the Wisconsin Court of Appeals decision in Fromm v. Village of Lake Delton, 2013AP14 [Recommended for Publication].

Tuesday, April 8, 2014

Remedies for Commercial Landlords in Wisconsin When a Tenant Breaches

Joshua R. Welsh & Scott W. Brunner posted at Meissner Tierney Fisher & Nichols S.C..

Mapping Supreme Court Doctrine: Civil Pleading

This article by by Scott Dodson and Colin Starger is published in the Federal Courts Law Review .

2014 Fed. Cts. L. Rev. 1 (April 2014)

Defense of liberty should face no obstacles

Anthony Cotton posted at Wisconsin Law Journal.
"In criminal actions, Wisconsin law prohibits defense attorneys from signing their own subpoenas. They must instead request that the judge sign them. Those are the rules that have been established when one’s liberty is at stake.

"The rules are different when money is involved. While civil practitioners have similar jury trial rights, they also possess quite a few additional tools.

"Civil lawyers can depose witnesses, thereby learning the details of their trial testimony. Civil lawyers also can send out interrogatories and, unlike defense attorneys, can sign subpoenas for witnesses without advance judicial approval."

Appeals Court Clarifies Sentence Credit in Parole Revocation Case

Joe Forward posted at WisBar News on the decision of the Wisconsin Court of Appeals in State v. Obriecht, 2013AP1345-CR [Recommended for Publication].

Monday, April 7, 2014

Labor & Employment Update - April 2014

Boardman & Clark LLP posted.

The Uneasy Case for Intellectual Diversity

This article by Michael Stokes Paulsen in the Harvard Journal of Law & Public Policy, Volume 37 – Issue 1, Winter 2014, is based on his presentation at the Harvard Federalist Society’s conference on "Intellectual Diversity and the Legal Academy" held on April 5, 2013, at the Harvard Law School.

2013 Wisconsin Act 153 Revises Portions of Wisconsin's Campaign Finance and Lobbying Laws

Mike B. Wittenwyler and Jodi Jensen posted at Godfrey & Kahn S.C. on 2013 Wisconsin Act 153.

Anti-Abortion Arsonist Who Torched Planned Parenthood Loses Appeal in Federal Court

Joe Forward posted at WisBar News on the Seventh Circuit decision in United States v. Grady, No. 13-1390.

Sunday, April 6, 2014

Wisconsin appellate court week April 7-11, 2014

Here are the lists of the Wisconsin Court System's links to any opinions this week from the Supreme Court and Court of Appeals, and Court of Appeals certifications, as they are posted.

Supreme Court pending cases include those scheduled for oral argument April 8th and 9th [see synopses] (a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage).

Supreme Court pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for April 29th, and May 27, 2014.

Friday, April 4, 2014

The Tax War on Poverty

This article by by Susannah Camic Tahk of the University of Wisconsin Law School is available for download at SSRN. Univ. of Wisconsin Legal Studies Research Paper 1254
"Abstract:

The Declaration’s Grievances and the Constitution, by Richard Reinsch

Peter Haworth posted at Nomocracy in Politics.

Wednesday, April 2, 2014

A Brief Note on the Medicaid Holding of NFIB v. Sebelius

The article, Coercion, Conditions, and Commandeering: A Brief Note on the Medicaid Holding of NFIB v. Sebelius, by Michael S. Greve, in the Harvard Journal of Law & Public Policy, is based on his presentation at the 2013 Federalist Society National Student Symposium.

2014 Spring Election Results for Circuit Courts and Court of Appeals

Sara Mills reports at On the Docket.

Supreme Court Clarifies Controlling Law on Therapy Record Reviews

Joe Forward posted at WisBar News on State v. Johnson, 2011AP2864-CRAC.

Tuesday, April 1, 2014

Christopher J. Robinette posted at TortsProf Blog
"Cathy Sharkey (NYU) has posted to SSRN State Farm 'with Teeth': Heightened Judicial Review in the Absence of Executive Oversight."

In Healthcare Suit Against Catholic Bishops, the Specter of an Early Defeat

Nina Martin of ProPublica reported at Property Casualty 360 on the case of Tamesha Means, represented by the ACLU, against the United States Conference of Catholic Bishops alleging
"she was subjected to dangerously substandard treatment, that her own health was placed in peril, and that she was deprived of information about her condition because of rules issued by the bishops conference that govern all Catholic health care in the U.S.
[...]
"The bishops, for the most part, have chosen to avoid sweeping language about constitutional rights and freedoms, instead focusing on the nitty-gritty procedural issues that are basic to high-stakes civil litigation."

Appeals Court Clarifies Arbitration Issues in Attorney Fee Fight

Joe Forward posted at Wis Bar News on First Weber Group Inc. v. Graham, 2013AP1205 [Recommended for Publication].

Monday, March 31, 2014

Attorney Who Faked Illness to Avoid Oral Argument is Suspended

Gabriella Khorasanee reported at the 7th Circuit News and Information Blog.

Orders against enforcement of statutes immediately appealable

2013 Wisconsin Act 156 "relating to: injunctions suspending or restraining the enforcement or execution of a statute of this state" was enacted March 27, 2014, effective March 28, 2014, and includes,
"813.025 (3) If a circuit court or a court of appeals enters an injunction, a restraining order, or any other final or interlocutory order suspending or restraining the enforcement of any statute of this state, the injunction, restraining order, or other final or interlocutory order is immediately appealable as a matter of right."

No Evidence Suppression for Strip Search Law Violations, Appeals Court Says

Joe Forward posted at WisBar News on State v. Minett, 2013AP634-CR [Recommended for Publication].

Sunday, March 30, 2014

Wisconsin appellate court week March 31-April 4, 2014

Here are the lists of the Wisconsin Court System's links to any opinions this week from the Supreme Court and Court of Appeals, and Court of Appeals certifications, as they are posted.

Supreme Court pending cases include those scheduled for oral argument April 3rd, 8th, and 9th [see synopses] (a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage).

Supreme Court pending rules petitions include those scheduled for hearing or conference April 4, 2014 1:30 pm (a link to live streaming audio of rule hearings and conferences is available; Wisconsin Eye has tentatively scheduled video coverage)

The Court of Appeals has oral argument scheduled for April 24th and 29th.

Friday, March 28, 2014

Modern Environmentalists Overreach: A Plea for Understanding Background Common Law Principles

This article by Richard A. Epstein in the Harvard Journal of Law & Public Policy, is based on his presentation at the 2013 Federalist Society National Student Symposium.

Thursday, March 27, 2014

Skeptical of the power of reason

David Luhrssen reviews Edmund Burke in America: The Contested Career of the Father of Modern Conservatism, by Drew Maciagk, at the Shepherd Express.

The Cybersecurity Overreach

The Cybersecurity Overreach: A Few Harsh Words About the President’s Cybersecurity Executive Order, Along with a Better Solution, by Patricia Paoletta, is published in the latest issue of Engage: The Journal of the Federalist Society Practice Groups.

The Implications of Rule 26(g) on the Use of Technology-Assisted Review

This article by Karl Schieneman & Thomas C. Gricks, with a Foreword by Paul W. Grimm, United States District Court Judge, is at 2013 Fed. Cts. L. Rev. 7.

Wednesday, March 26, 2014

Northwestern athletes win NLRB case, ruled to be employees

Marc Weinreich reports at SI Wire. (via FedSoc Twitter feed)

The 'Benchslappy' Seventh Circuit -- A 2014 First Quarter Review

Gabriella Khorasanee posted at Seventh Circuit News and Information Blog.

Territoriality Challenges in Protecting Trademark Interests in the System of Generic Top-Level Domains (gTLDs)

This article by Jesse Kim, IP Masters; World Intellectual Property Organisation (WIPO); University of Turin - Faculty of Law; NEXA Center for Internet & Society; is available for download as SSRN.

Marquette Intellectual Property Law Review, Vol. 18, No. 1, 2014

Warnings from the Immortals

Gene Dattel in The New Criterion
"From its beginning in Swift’s fiction to the humble French source of public pensions, the burden of old age has exploded. Stanley Druckenmiller, a well-known American investor and informed speculator, has embraced the entitlement dilemma with religious zeal. The wealthy Druckenmiller is sounding the clarion call of generational theft in his crusade on college campuses."