Wednesday, August 27, 2014

FS WI law & policy review - week of August 18th (part 3)

Recent news and comment on law and policy:

Administrative Law & Regulation

FDA Now Enforcing "Gluten-Free" Labeling Rule, by Jennifer L. Naeger, Reinhart Boerner Van Deuren s.c., Milwaukee

Corporations, Securities & Antitrust

Owning vs. Renting, from an ESOP Employee-Owner, by Timothy L. Stewart, DeWitt Ross & Stevens S.C., Brookfield

Criminal Law & Procedure

Church coalition extends calls for prison reform, by Dinesh Ramde, Associated Press, Wisconsin Law Journal

Chaidez v. United States and the Non-Retroactivity of New Rules in Criminal Law, by Mike Hurst, Assistant U.S. Attorney, Engage: The Journal of the Federalist Society Practice Groups

Financial Services & E-Commerce

Known Unknown: 7th Cir. Uses Heightened Discovery Rule for Wisconsin Businesses, by Kellen C. Kasper, Wisconsin Appellate Law, Foley & Lardner LLP, Milwaukee, on KDC Foods v. Gray, Plant, Mooty, Mooty & Bennett, P.A., No. 13-3678

Intellectual Property

'Dark Knight Rises' Lawsuit Over Fake Software Name Falls Flat, by William Peacock, Seventh Circuit News and Information Blog, on Fortres Grand Corp. v. Warner Bros. Entertainment, Inc., No. 13–2337

Legal Traditionalism, Creative Destruction and the Role of Media Law in the Intergenerational Social Contract, by Anuj C. Desai, University of Wisconsin Law School, Univ. of Wisconsin Legal Studies Research Paper No. 1276, Social Science Research Network

Labor & Employment Law

Act 10: A Postmortem, Federalist Society Madison Chapter, September 10, 2014

Attention Deficit Disorder - Disability? by Dean R. Dietrich, The Blue Ink, Ruder Ware L.L.S.C.. Wausau

Litigation

Kimble v. Land Concepts, Inc.: Punitive Damages Against Title Insurer in Bad Faith Case Held Unconstitutionally Excessive, by Bridget M. Hubing, Reinhart Boerner Van Deuren S.C., Madison, WDC Journal

Legislative Council Study Committee on Problem-Solving Courts, Alternatives, and Diversions, August 20, 2014 meeting, Wisconsin Eye

Professional Responsibility & Legal Education

AG race could be a sizzler, by Bill Lueders, Wisconsin Center for Investigative Journalism, Wisconsin Law Journal

Ethical Dilemmas: Defending Your Reputation on Lawyer Rating Sites Has Its Limits, Inside Track, Aug. 20, 2014

Rule 18.2: Comments on Bluebook Citation to Internet Resources, by Joel Graczyk, Marquette University Law School Faculty Blog

Tuesday, August 26, 2014

FS WI law & policy review - week of August 18th (part 2)

Recent news and comment on law and policy:

Administrative Law & Regulation

The Nursing Home/Hospice Relationship Garners Increased Scrutiny, Leading to Multi-Million-Dollar Penalties and Potential Criminal Sanctions, Reinhart Boerner Van Deuren s.c., Milwaukee

Corporations, Securities & Antitrust

2013 Annual Survey: Recent Developments in Sports Law, by Sarah M. Sharrar, Marquette Sports Law Review

Criminal Law & Procedure

Institutions, Not Just Natural Persons, Can Seek Harassment Injunctions by Joe Forward, WisBar News, on U.W. Board of Regents v. Decker, 2014 WI 68 (2011AP2902)

Of Trump Cards and Lawyering, by Joseph D. Kearney, Marquette University Law School Faculty Blog, on Socha v. Boughton (7th Cir., No. 12-1598)

Seventh Circuit Oral Argument, 9:30 a.m. second case, Wolf v. Walker, 14-2526

"But regardless of how strong the charges against Perry are, it is worth noting how fitting they are.", by Ann Althouse, Madison

Labor & Employment Law

Federal appeals court sides with Sheriff Clarke in employment case, by John Diedrich, Proof and Hearsay, Milwaukee Journal Sentinel, on Graber v. Clarke, No. 13‐2165

How to Handle Disruptive Staff Members, by Ralph V. Topinka, von Briesen & Roper, s.c., Madison

OSHA Requirements for Temporary Workers, Moen Sheehan Meyer Ltd., La Crosse

Litigation

Court of Appeals Awards Double Damages in Attack by Pack of Dogs, by Thomas J. Donnelly, Emile Banks & Associates LLC, Milwaukee, Wisconsin Defense Counsel, on Schroeder v. American Family Mutual Ins. Co., 2013AP2165

Professional Responsibility & Legal Education

First Stop for Our Courts Training: Northeast Wisconsin, Rotunda Report

Monday, August 25, 2014

FS WI law & policy review - week of August 18th (part 1)

Recent news and comment on law and policy:

Administrative Law & Regulation

Higher Ed Quandary: Women Lean In; Men Tune Out, by Emily Jashinsky, Wisconsin Policy Research Institute

Civil Rights

Approaching LGBTQ Students’ Ability to Access LGBTQ Websites In Public Schools From a First Amendment and Public Policy Perspective, by Jacob Colling, Wisconsin Journal of Law, Gender & Society

Criminal Law & Procedure

Evidence of Prior Sexual Conduct with Sexual Assault Victim Not Allowed, by Joe Forward, WisBar News, on State v. Sarfraz, 2014 WI 78 (2012AP337-CR)

Federalism & Separation of Powers

Same-Sex Marriage at the Seventh Circuit: A Legal Analysis of the Merits, by Christopher S. Krimmer, Balisle & Roberson S.C., Madison, Inside Track, Aug. 20, 2014, on Wolf v. Walker, 14-2526 [oral argument tomorrow 9:30 a.m., second case -ed.]

Financial Services & E-Commerce

Wisconsin Supreme Court Confirms that the Mortgage Follows the Note, by Ann Ustad Smith and Joseph D. Brydges, Michael Best & Friedrich LLP, Madison

Free Speech & Election Law

Court releases more documents in probe, by Associated Press, Wisconsin Law Journal

Intellectual Property

NPEs Continue to Play Large Role in Patent Litigation, by Stephanie A. Quick, IP Litigation Current, Foley & Lardner LLP, Milwaukee

Estate planning for copyrights in the digital-media era, by Benjamin P. Brunette, Whyte Hirschboeck Dudek S.C., Madison, Legal LogIn, InBusiness

Labor & Employment Law

Social Media – An Employer’s Forbidden Fruit? by John C. Gardner, DeWitt Ross & Stevens S.C., Madison

Litigation

Advance eSheet August 11-15, 2014, Wisconsin Defense Counsel

Professional Responsibility & Legal Education

The dean candidate who got kicked out in the middle of his job talk tells his story, by Ann Althouse, Madison

An Interview with Professor Jake Carpenter, by Melissa L. Greipp, Marquette University Law School Faculty Blog

Sunday, August 24, 2014

Rewind: Your Week in Review for 8.22.14

At Wisconsin Eye
"Steve Walters and JR Ross look back at the week that was in Wisconsin politics."

Wisconsin appellate court week August 25-29, 2014

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 September 4th, 9th, 10th, 12th and 23rd, and October 1st, 2nd and 7th.

The next conferences on pending petitions for review are September 11th and 18th.

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

Pending rules petitions include those scheduled for hearing or conference September 22nd and 29th.

The Court of Appeals has no oral argument scheduled.

Friday, August 22, 2014

Originalism & The Scope of the Constitution’s Disqualification Clause

Seth Barrett Tillman, of the National University of Ireland, Maynooth (NUI Maynooth) Faculty of Law, in 33 Quinnipiac L. Rev. (forthcoming circa Dec. 2014), available for download at Social Science Research Network.
"Abstract

"This paper discusses the scope of the Constitution’s Disqualification Clause (Article I, Section 3, Clause 7) and the original public meaning of its “office . . . under the United States” language. In a recent paper in this journal, Benjamin Cassady argued that this clause bars disqualified former presidents, vice presidents, and officers of the United States from subsequent election or reelection to the presidency and vice presidency. Here, I take the contrary position: disqualified former presidents, vice presidents, and officers of the United States are not barred from any elected positions, state or federal. Rather, such disqualified former presidents, vice presidents, and officers of the United States are only barred from holding statutory or appointed federal offices. Finally, I address some issues relating to best methodological practices and the use of structural and other intuitionist modalities of interpretation when constitutional text is reasonably clear. ..."

FS WI law & policy review - week of August 11th (part 5)

Recent news and comment on law and policy:

Administrative Law & Regulation

Kazynski v. Wisconsin Department of Revenue, Wisconsin Tax Appeals Commission, 13-I-169

Corporations, Securities & Antitrust

Wisconsin Supreme Court strengthens hand of corporate directors defending challenges to their exercise of business judgment, by Michael B. Apfeld, Godfrey & Kahn S.C., Milwaukee, on Data Key Partners v. Permira Advisors LLC, 2014 WI 86 (2012AP1967)

Criminal Law & Procedure

Defendant failed to make sufficient showing to get review of victim’s mental health records, On Point, Wisconsin State Public Defender, on State v. Obriecht, 2014AP445-CR

With Friends Like These ...": New Critiques of Graham and Miller, by Michael M. O'Hear, Marquette University Law School Faculty Blog, on Graham v. Florida 560 US 48, 130 S. Ct. 2011, 176 L. Ed. 2d 825 (2010) and Miller v. Alabama 567 US __, 132 S. Ct. 2455, 183 L. Ed. 2d 407 (2012)

Crime Victim Privacy (Hearing Order 14-01), Inside Track

Financial Services & E-Commerce

Consumer Financial Protection Bureau Update - August 2014, by Wayne A. Abernathy, American Bankers Association, and Julius L. Loeser, Winston & Strawn LLP, Practice Group Podcast, Federalist Society

Twenty Years In the Making: Transitioning Patented Seed Traits Into the Generic Market, by Brianna M. Schonenberg, Marquette Law Review

Litigation

Cracking down on a ‘litigious frolic’, by Eric Heisig, Court Gestures, Wisconsin Law Journal

Seventh Circuit Affirms Decisions Concerning Jury Selection, by Nathaniel Jordan, Yoder Ainlay Ulmer & Buckingham LLP, Goshen, Indiana, DRI Blog, on Marshall v. City of Chicago, No. 13-2771

'Molecule by Molecule': How to Build Your Case Before the Court of Appeals, Chief Judge Richard S. Brown, Wisconsin Court of Appeals, Waukesha, Inside Track

Professional Responsibility & Legal Education

Joint Law Practice Splits, Only One Gets Contingency Fees, Court Says, by Joe Forward, WisBar News, on Winston v. Guelzow, 2013AP2764

Thursday, August 21, 2014

FS WI law & policy review - week of August 11th (part 4)

Recent news and comment on law and policy:

Administrative Law & Regulation

A Decade After Adoption of Federal DPPA, Treatment of Personal Information Remains Unclear, Stafford Rosenbaum LLP, Madison

Study Committee on the Student Achievement Guarantee in Education (SAGE) Program, Wisconsin Eye

Mariucci v. Wisconsin Department of Revenue, Wisconsin Tax Appeals Commission, 11-I-295

Criminal Law & Procedure

Supreme Court: Identity of Confidential Informer Remains Confidential, by Joe Forward, WisBar News, on State v. Nellessen, 2014 WI 84 (2012AP150-CR)

Child’s guardians can participate as a party in TPR proceeding, On Point, Wisconsin State Public Defender, on Green County DHS v. Barret W.S., 2014AP1155

Financial Services & E-Commerce

Wisconsin's Mutual Thrifts Have Bright Future...and Options, by Peter Wilder and James A. Sheriff, Godfrey & Kahn S.C., Milwaukee

Free Speech & Election Law

Decision Halting Walker Criminal Probe "Completely Unmoored", by Brendan Fischer, The Progressive, Madison

Intellectual Property

Holy trademark non-infringement, Batman! by Eugene Volokh at The Volokh Conspiracy in The Washington Post, on Fortres Grand Corp. v. Warner Bros. Entertainment, Inc. (7th Cir. No. 13-2337)

International & National Security Law

Surveillance, National Security, and Privacy: The PCLOB Report on Section 702 Surveillance, by Rachel Brand, U.S. Chamber of Commerce, James X. Dempsey, Center for Democracy & Technology, and Matthew R.A. Heiman, Tyco International Ltd., Practice Group Podcast, Federalist Society

Labor & Employment Law

Hot Trend or Lame Fad? Brick and Mortar Retail Locations without Sales Staff, by Chris A. Jenny, Madison, and William R. West and & James J. Wawrzyn, Milwaukee, von Briesen & Roper S.C.

Reevaluating the Seventh Circuit’s Approach to Contract Clause Claims in an Age of Pension Reform, Comment by Thomas McDonell, Wisconsin Law Review

Litigation

What is a ‘final judgment or order’ for the purposes of appeal? by Kimberly Alderman, Wisconsin Law Journal

Depositions for Use in Other States (Hearing Order 13-16), Inside Track

Professional Responsibility & Legal Education

Give clients service a robot can’t, by Ed Poll, Wisconsin Law Journal

ABA Resolution 109 on Cyber Security and DRI's Data Breach and Privacy Law Seminar, by Brooks Magratten, Pierce Atwood LLP, Providence, DRI Blog

Financial Management: Is Your Firm on the Right Track? by Tom Palzewicz, ActionCOACH, Elm Grove, interviewed by Joe Forward, Inside Track

Religious Liberties

Sebelius v. Hobby Lobby Stores, Inc. , by Michael W. McConnell, Engage: The Journal of the Federalist Society Practice Groups

Wednesday, August 20, 2014

FS WI law & policy review - week of August 11th (part 3)

Recent news and comment on law and policy:

Criminal Law & Procedure

Police had probable cause to arrest, and exigent circumstances to conduct warrantless blood draw, On Point, Wisconsin State Public Defender, on State v. Hubbard, 2014AP738-CR

Environmental Law & Property Rights

The Social Cost of Carbon, by Susan E. Dudley and Brian Mannix, Engage: The Journal of the Federalist Society Practice Groups

Federalism & Separation of Powers

F. H. Buckley presents dim view of America's "Crown Government", by Nancy Thorner, Illinois Review

Legislative Council Special Committee on State-Tribal Relations, Wisconsin Eye

Financial Services & E-Commerce

Ten things you should know about Wisconsin's new trust code, by John Herbers, Reinhart Boerner Van Deuren S.C., Milwaukee, BizTimes

Blast Fax Cases Now Harder to Certify, by Michael C. Lueder, The CFSL Bulletin, Foley & Lardner LLP, Milwaukee

International & National Security Law

Privacy and National Security: The Merits of the Leahy FISA Reform Bill, by Stewart A. Baker, Steptoe & Johnson LLP, and Harley Geiger, Center for Democracy and Technology, Practice Group Podcast, Federalist Society

Labor & Employment Law

Act 10: A Postmortem, Federalist Society Madison Chapter, September 10, 2014

A Battle for Reasonable Accommodation of Pregnant Employees Has Been Won ... But the War Rages On, by Geoffrey S. Trotier, von Briesen & Roper S.C., Milwaukee

Litigation

Schinner v. Gundrum—No Longer a Conundrum, by Shannon A. Buttchen, Corneille Law Group LLC, Madison

Parade Not a Specific Hazard, but Train Line Could Still Be Liable for Accident, by Joe Forward, WisBar News, on Partenfelder v. Rhode, 2014 WI 80 (2012AP597)

No Liability for Gun-Sale Website Armslist, but Should There Be? by Mark Wilson, Seventh Circuit News and Information Blog, on Vesely v. Armslist LLC, No. 13-3505

Professional Responsibility & Legal Education

Legislature’s site has new look, info, by Beverly Butula, manager of library of services, Davis & Kuelthau S.C., Milwaukee, Wisconsin Law Journal

Final Update from ABA Annual Meeting in Boston, ABA Watch, Federalist Society

Lawyer Support & Monitoring Procedures for OLR Referrals (Order 08-28A), Inside Track

Tuesday, August 19, 2014

FS WI law & policy review - week of August 11th (part 2)

Milwaukee Chapter events: Today F.H. Buckley (more);

Recent news and comment on law and policy:

Administrative Law & Regulation

The State Of Wisconsin Moves Some State Assets Closer To The Marketplace, by Cari Anne Renlund, DeWitt Ross & Stevens S.C., Madison

Civil Rights

Achieving Gender Equity Under Title IX for Girls From Minority, Urban, Rural, and Economically Disadvantaged Communities, article by Kenneth D. Ferguson, Marquette Sports Law Review

Criminal Law & Procedure

Evidence sufficient to extend ch. 51 commitment and order involuntary medication and treatment, On Point, Wisconsin State Public Defender, on Ozaukee County v. Laura B., 2014AP1011-FT

Environmental Law & Property Rights

Subjective Intent Relevant When Determining Title by Adverse Possession, by Joe Forward, WisBar News, on Wilcox v. Estate of Hines, 2014 WI 60 (2012AP1869)

Labor & Employment Law

New Decision – Same Result – Same Worry, by Dean R. Dietrich, The Blue Ink, Ruder Ware L.L.S.C., Wausau

August 2014 Employee Benefits Update, Reinhart Boerner Van Deuren S.C., Milwaukee

Professional Responsibility & Legal Education

Chief Justice: Lawyers should mend partisan divide, by Philip Marcelo, Associated Press, Wisconsin Law Journal

Wisconsin Supreme Court rejects crime boss' son John Balistrieri bid to practice law, by Cary Spivak, Proof and Hearsay, Milwaukee Journal Sentinel, on Office of Lawyer Regulation v. Balistrieri, 2014 WI 104 (1984AP970-D)

What we should have learned about trust accounts, by Nate Cade, Cade Law LLC, Milwaukee, Wisconsin Law Journal

Stipulations in Lawyer Disciplinary Proceedings, 2014 WI 51 (Order 13-06), Inside Track

Monday, August 18, 2014

FS WI law & policy review - week of August 11th (part 1)

Milwaukee Chapter events: Tomorrow F.H. Buckley (more);

Recent news and comment on law and policy:

Administrative Law & Regulation

Collins-Moore v. Wisconsin Department of Revenue, Wisconsin Tax Appeals Commission, 14-I-046

Civil Rights

'On the Basis of Sex': Using Title IX to Protect Transgender Students from Discrimination in Education, by Erin Buzuvis, Wisconsin Journal of Law, Gender & Society

Criminal Law & Procedure

Passenger Did Not Withdraw Driver's Consent to Search Passenger's Briefcase​, by Joe Forward, WisBar News, on State v. Wantland, 2014 WI 58 (2011AP3007-CR)

Financial Services & E-Commerce

Turned Upside Down: The Wisconsin Supreme Court Reverses the Rule on Judgment Liens, Reinhart Boerner Van Deuren S.C., Milwaukee, on Associated Bank N.A. v. Collier, 2014 WI 62 (2011AP2597)

Intellectual Property

Sherlock Holmes and the Adventure of Quixotic Appeals, Attorney Fees, by Gabriella Khorasanee, Seventh Circuit News and Information Blog, on Klinger v. Conan Doyle Estate, Ltd., No. 14-1128

Labor & Employment Law

Federal Contractors May Lose Contracts Because of Labor and Employment Law Violations, by Krista J. Sterken, Labor & Employment Law Perspectives, Foley & Lardner LLP, Madison

Broad Confidentiality Rule – Violation of Employee Rights? by Dean R. Dietrich, The Blue Ink, Ruder Ware L.L.S.C., Wausau

Police union drops last collective bargaining challenge, by Associated Press, Wisconsin Law Journal

Litigation

Cherry-Picking: 7th Cir. Criticizes Lawyers' Summary-Judgment Practice, by Thomas L. Shriner, Jr., Wisconsin Appellate Law, Foley & Lardner LLP, Milwaukee, on Malin v. Hospira, Inc., No. 13-2433

Professional Responsibility & Legal Education
State Bar Officers and Board of Governors, 2014 WI 52 (Order 13-07, 13-13), Inside Track

Sunday, August 17, 2014

Wisconsin appellate court week of August 18-22, 2014

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

Wisconsin Supreme Court accepts three new cases, Wisconsin Court System

Supreme Court pending cases include those scheduled for oral argument September 4th, 9th, 10th, 12th and 23rd, and October 1st, 2nd and 7th.

The next conferences on pending petitions for review are September 11th and 18th.

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

Pending rules petitions include those scheduled for hearing or conference September 22nd and 29th.

The Court of Appeals has oral argument scheduled for September 18, 2014.

Political Tidbits - August 15, 2014

Posted by Hamilton Consulting Group, Madison

Saturday, August 16, 2014

Rewind: A look back at the Week in Politics for August 11-15

At Wisconsin Eye, "Steve Walters and JR Ross discuss the Week in Politics for August 11-15."

Friday, August 15, 2014

FS WI law & policy review - week of Aug 4th (part 5)

Milwaukee Chapter events: August 19th F.H. Buckley (more);

Recent news and comment on law and policy:

Administrative Law & Regulation

Got (Raw) Milk? How About Jurisdiction? Something's Sour in the Raw-Milk Case, by Philip C. Babler, Wisconsin Appellate Law, Foley & Lardner LLP, Milwaukee, on Farm-to-Consumer Legal Defense Fund v. DATCP, 2011AP2264

Civil Rights

Seventh Circuit Finds Jury Must Decide Excessive Force Claim, by Nathaniel Jordan, Yoder Ainlay Ulmer & Buckingham LLP, Elkhart, Indiana, DRI Blog, on Miller v. Gonzalez (No. 11-2906)

Criminal Law & Procedure

Police had probable cause to arrest driver for OWI, On Point, Wisconsin State Public Defender, and Probable cause to arrest this drunken driver? Duh, by Bruce Vielmetti, Proof and Hearsay, Milwaukee Journal Sentinel, on State v. Kowalis (2014AP258)

Community caretaker exception validated traffic stop, On Point, Wisconsin State Public Defender, on City of LaCrosse v. Ducharme, 2014AP374

Federalism & Separation of Powers

Support for the Tenth Amendment is not support of nullification, by Rick Esenberg, Shark and Shepherd, Milwaukee

Presidential Government and the Law of Property, article by Seth Davis, Wisconsin Law Review

Intellectual Property

Why the monkey selfie is in the public domain, by Ann Althouse, Madison

One View of Compulsory Licensing: Comparative Perspectives From India and Canada, article by Padmanabha Ramanujam and Yugank Goyal, Marquette Intellectual Property Law Review

Labor & Employment Law

Why The Lawsuit Against Act 10 Was Bound to Fail, by Rick Esenberg, Right Wisconsin, on Madison Teachers Inc. v. Walker, 2014 WI 99 (2012AP2067)

Wisconsin Supreme Court Rules that Unpaid Health Care Interns are Not Entitled to Whistleblower Protection, by Thomas L. Skalmoski, Weiss Berzowski Brady LLP, Milwaukee, on Masri v. Labor and Industry Review Commission, 2014 WI 81 (2012AP1047)

Labor & Employment Update - August 2014, Boardman & Clark LLP, Madison

Litigation

Wisconsin Supreme Court Affirms Decision to Extend Insurance Coverage to a Defendant as a Permissive User Under the Plaintiff’s Auto Insurance Policy, by Nicholas Vlies, Corneille Law Group LLC, Green Bay, on Blasing v. Zurich American Ins. Co., 2014 WI 73 (2012AP858)

The Latest Thinking on Mandatory Arbitration, by Andrea Schneider, ADR Prof Blog

Self Represented Litigants, 2014 WI 49 (Order 13-14), Inside Track

Professional Responsibility & Legal Education

Limited Scope Representation (Order 13-10), Inside Track

State Bar of Wisconsin Executive Director Heads National Association of Bar Executives, WisBar News

Thursday, August 14, 2014

FS WI law & policy review - week of Aug 4th (part 4)

Milwaukee Chapter events: August 19th F.H. Buckley (more);

Recent news and comment on law and policy:

Administrative Law & Regulation

State appeals court rules against raw milk sellers, by Scott Bauer, Associated Press, Wisconsin Law Journal, on Farm-to-Consumer Legal Defense Fund v. DATCP (2011AP2264)

Redressing Politicized Spending, by Daniel Z. Epstein, Engage: The Journal of the Federalist Society Practice Groups

Civil Rights

Wisconsin Supreme Court Upholds Same-Sex Domestic Partnership Status, by Joe Forward, WisBar News, on Appling v. Walker, 2014 WI 96 (2011AP1572)

Corporations, Securities & Antitrust

Sarbanes-Oxley Casts a Wide Net, Literally, by Eric G. Pearson, Wisconsin Appellate Law, Foley & Lardner LLP, Milwaukee, on Yates v. United States (U.S. No. 13-7451)

Criminal Law & Procedure

SCOW: Probation officer’s search of probationer’s computer was reasonable, On Point, Wisconsin State Public Defender, on State v. Purtell, 2014 WI 101 (2012AP1307-CR)

Environmental Law & Property Rights

Climate Change: Disappearing States Migration and Challenges for International Law, by Sumudu Atapattu, University of Wisconsin Law School, 4 Washington Journal of Environmental Law and Policy 1 (2014), Univ. of Wisconsin Legal Studies Research Paper No. 1275, Social Science Research Network

Financial Services & E-Commerce

LSTA Publishes New Model Credit Agreement Provisions with DQ Structure, by Elizabeth Orelup, Quarles & Brady LLP, Milwaukee

Free Speech & Election Law

The Real Problem With Citizens United: Campaign Finance, Dark Money, and Shadow Parties, Boden Lecture by Heather K. Gerken, Yale Law School, Marquette Law Review

Labor & Employment Law

New Annual Recertification Election Rules, by Shana R. Lewis, Davis & Kuelthau S.C., Madison

Can You Discipline for False EEOC Charges? by Matthew J. Feery, Gonzalez, Saggio and Harlan L.L.C., Milwaukee

New Wisconsin Law Restricts Employer Access to Employees' Personal Internet Accounts, Reinhart Boerner Van Deuren S.C., Milwaukee

7th Circuit upholds attorney fees in retiree health care case, by Bruce Vielmetti, Proof and Hearsay, Milwaukee Journal Sentinel

Litigation

Supreme Court Explains What Evidence is Necessary to Prove Constructive Notice in Safe Place Claims, by Sara Mills, On the Docket, Crivello Carlson S.C., on Kochanski v. Speedway SuperAmerica, LLC, 2014 WI 72 (2011AP1956)

Professional Responsibility & Legal Education

Public Notice of Formal Investigations (Order 13-12), Inside Track

Longtime state courts director now at Dept. of Employee Trust Funds, by Bruce Vielmetti, Proof and Hearsay, Milwaukee Journal Sentinel

Wednesday, August 13, 2014

FS WI law & policy review - week of Aug 4th (part 3)

Milwaukee Chapter events: August 19th F.H. Buckley (more);

Recent news and comment on law and policy:

Administrative Law & Regulation

Wisconsin Administrative Register No. 704 [part a], Legislative Reference Bureau

Criminal Law & Procedure

Trial court properly reopened case to take additional evidence regarding tip that led to stop of intoxicated driver, On Point, Wisconsin State Public Defender, on City of Bloomer v. Frank, 2013AP2597

Technology a constant threat to clients’ privacy, On the Defensive column by Anthony Cotton, Wisconsin Law Journal, on Riley v. California (U.S. No. 13-132)

Federalism & Separation of Powers

History and Recent Developments in Same-Sex Marriage Litigation, by Austin R. Nimocks, Engage: The Journal of the Federalist Society Practice Groups

Free Speech & Election Law

Wisconsin Supreme Court Upholds Law Requiring Photo ID to Vote in Elections, by Joe Forward, WisBar News, on Milwaukee Branch of the NAACP v. Walker, 2014 WI 98 (2012AP1652) and League of Women Voters of Wisconsin Education Network, Inc. v. Walker, 2014 WI 97 (2012AP584-AC)

Intellectual Property

Sanctions Against Porno Copyright Trolls at Prenda Law Upheld, by Mark Wilson, 7th Circuit News and Information Blog

Labor & Employment Law

LIRC Confronts Recent Changes to Wisconsin Unemployment Insurance Misconduct Standard, by Daniel Finerty, Lindner & Marsack S.C., Milwaukee, WDC Journal

OSHA to Refer Expired Whistleblower Claims to NLRB, Reinhart Boerner Van Deuren S.C., Milwaukee

The Incredible Shrinking Bargaining Unit - The NLRB Strikes Again, by Michael Aldana, Quarles & Brady LLP, Milwaukee

Fair Credit Reporting Act Protects Applicant Rights On Credit Checks, by Caitlin Madden, Hawks Quindel S.C., Madison

Litigation

Back to School: 7th Circuit Issues Two Decisions on International Diversity Jurisdiction, by Eric G. Pearson, Wisconsin Appellate Law, Foley & Lardner LLP, Milwaukee

Live Blog from SEALS, by Andrea Schneider, ADR Prof Blog

Professional Responsibility & Legal Education

What is the Federalist Society's Student Division? video

State Bar Classes of Membership and Dues (Order 13-09), Inside Track

Does Richard Nixon Matter Today? You Betcha, by UW Professor Emeritus Stanley Kutler, at the Rotary Club of Madison, Wisconsin Eye

Tuesday, August 12, 2014

FS WI law & policy review - week of Aug 4th (part 2)

Milwaukee Chapter events: August 19th F.H. Buckley (more);

Recent news and comment on law and policy:

Administrative Law & Regulation

Official Supreme Court and State Bar Notices Now Published Electronically, Inside Track, and
Official Notification of Supreme Court and State Bar Activities, 2014 WI 44 (Order 13-08), Inside Track

Corporations, Securities & Antitrust

SEC Staff Guidance Regarding Proxy Voting by Investment Advisors, by Keith L. Johnson, Megan K. Jackson, and Kenneth B. Davis, Reinhart Boerner Van Deuren S.C., Madison

The MCDC Initiative and Recent Modifications: Window for Issuers and Obligated Persons Now Closes on December 1, 2014, While Underwriters Window Still Set to Close on September 9, 2014, by Michael G. Bailey, Chicago, David Y. Bannard, Boston, Laura L. Bilas, Chicago, Heidi H. Jeffery, Chicago, Chauncey W. Lever, Jr., Jacksonville, and David B. Ryan, Milwaukee, Foley & Lardner LLP

Deadline for Participation in SEC MCDC Program Extended to December 1, 2014 for Issuers, Quarles & Brady LLP, Milwaukee

Criminal Law & Procedure

Neither stop of vehicle nor request for driver’s license was unreasonable, On Point, Wisconsin State Public Defender, on State v. Magdzas, 2014AP250-CR

Counsel wasn’t ineffective for not objecting to nonstandard five-sixths verdict instruction in TPR case, On Point, Wisconsin State Public Defender, on State v. Jimmy J., 2014AP573

Federalism & Separation of Powers

Doubling Down on Sports Gambling: Why PASPA Would Fail A Constitutional Challenge, by Jeffrey Roeske, Marquette Sports Law Review

Financial Services & E-Commerce

Remedies Against Receiver Must Be Exhausted Before Claim Against Assignee, by Timothy S. Crisp, The CFSL Bulletin, Foley & Lardner LLP, Madison, on Rundgren v. Washington Mutual Bank, FA (9th Cir. No. 12-15368)

International & National Security Law

Dealing with Putin’s Russia: What is the Best Approach? with Brian H. Hook and Heather Hurlburt, Practice Group Podcast, Federalist Society

Labor & Employment Law

Equal Employment Opportunity Commission issues Pregnancy Discrimination Guidance, by Nicholas Fairweather, Hawks Quindel S.C., Madison

Wisconsin Supreme Court Upholds Act 10, Ends Collective Bargaining Saga for Now, by Joe Forward, WisBar News, and Wisconsin Supreme Court Upholds Law Limiting Public Workers’ Rights, Moen Sheehan Meyer Ltd., La Crosse, on Madison Teachers Inc. v. Walker, 2014 WI 99 (2012AP2067)

EEOC Attacks Severance Agreements, by Timothy M. Barber, Axley Brynelson LLP, Madison

Litigation

Reversals Abound As Wisconsin Supreme Court Term Comes to a Close, by Sara Mills, On the Docket, Crivello Carlson S.C.

Wisconsin Adopts Twombly, Though "No One Is Sure What Twombly Means", by Philip C. Babler, Wisconsin Appellate Law, Foley & Lardner LLP, Milwaukee, on Data Key Partners v. Permira Advisers LLC, 2014 WI 86 (2012AP1967)

Professional Responsibility & Legal Education

Supreme Court Disciplinary Orders (Order 13-05), Inside Track

Little to debate among Democratic AG candidates, by Eric Heisig, Court Gestures, Wisconsin Law Journal

Campaign 2014: Rotary Club of Milwaukee with Brad Schimel (R) Candidate for Attorney General, Rotary Club of Milwaukee, Wisconsin Eye

Monday, August 11, 2014

FS WI law & policy review - week of Aug 4th (part 1)

The new title for these daily posts reflects they are primarily a review from the preceding week. Among sources for latest law and policy news are Wisconsin Law Journal, The Wheeler Report, and WisPolitics.

Milwaukee Chapter events: August 19th F.H. Buckley (more);

Recent news and comment on law and policy:

Administrative Law & Regulation

Ask The Experts: What Should We Do with the Charitable Giving Tax Deduction? Charles Irish among those interviewed by John Kiernan, CardHub (via University of Wisconsin Law School)

Civil Rights

Wisconsin Supreme Court Rejects Constitutional Challenge to Domestic Partnership Law, by Jenna E. Clevers, Davis & Kuelthau S.C., Green Bay

Gender Identity Discrimination is Sex Discrimination: Protecting Transgender Students from Bullying and Harassment Using Title IX, by Devi M. Rao, Wisconsin Journal of Law, Gender & Society

Corporations, Securities & Antitrust

The Highs–and Lows–of High-Frequency Trading, By Brian Mannix and Joanne Medero, Practice Group Podcast, Federalist Society

Delaware Amends its General Corporation Law, Limited Liability Company and Limited Partnership Acts, by Daniel J. Gawronski and Porter J. Martin, Michael Best & Friedrich LLP, Madison

To Pay (Directors) or Not to Pay – That is the Question, by Jason J. Kohout and Lynette M. Zigman, Health Care Law Today, Foley & Lardner LLP

Criminal Law & Procedure

SCOW: Error harmless, trial counsel not ineffective, On Point, Wisconsin State Public Defender, on State v. Hunt, 2014 WI 102 (2012AP2185-CR)

Check out the new and improved “Appellate Practice and Procedure for SPD-Appointed Counsel” handbook! On Point, Wisconsin State Public Defender

Environmental Law & Property Rights

Cooperation or Coercion on Climate: Is the EPA Trying to Deputize the States? by Michael S. Greve, Mario Loyola, and Bryan W. Shaw, Practice Group Podcast, Federalist Society

Just Compensation for State Taking Property, Melli Law S.C., Madison, on Lamar Company, LLC v. Country Side Restaurantt, Inc., 2013AP2215

Federalism & Separation of Powers

Ind. and Wis. Same-Sex Marriage Cases Preview, Hearing Rescheduled, by Gabriella Khorasanee, 7th Circuit News and Information Blog

ACLU: Gay marriage ban has no ‘legitimate purpose’, by Todd Richmond, Associated Press, Wisconsin Law Journal

Stats and Summaries: The U.S. Supreme Court’s 2013 Term at a Glance, by Joe Forward, Inside Track

Free Speech & Election Law

Voter ID unlikely to be reinstated by Tuesday, by Associated Press, Wisconsin Law Journal

Prosecutors say they’re immune in John Doe lawsuit, by Associated Press, Wisconsin Law Journal

Intellectual Property

Limelight v. Akamai Technologies and Nautilus v. Biosig Instruments, featuring Aaron Panner and Thomas Saunders, Post-Decision SCOTUScast, Federalist Society

Labor & Employment Law

Avoiding Fines by Starting the I-9 Process Early. Just Not Too Early..., by Anita M. Sorensen , Labor & Employment Law Perspectives, Foley & Lardner LLP, Madison

EEOC’s Role: Enforcing Law or Making New Law? by Gerald L. Maatman Jr., Risk Management Monitor

Noel Canning Decision Invalidates Many Critical NLRB Decisions, Reinhart Boerner Van Deuren S.C., Milwaukee

Litigation

Advance eSheet July 28-Aug 1, 2014, Wisconsin Defense Counsel

Pro Hac Vice Applications, 2014 WI 42 (Order 13-11), Inside Track

Professional Responsibility & Legal Education

ABA Watch August 2014, Federalist Society

What Can I Do For YOU: The Power of Networking, by Carolyn Brandes Bennett, State Bar of Wisconsin, Inside Track

Group seeks new trial for sex-assault convict, by Associated Press, Wisconsin Law Journal

Telecommunications & Electronic Media

Net Neutrality: The Power to Act, by Maureen K. Ohlhausen, Daniel Lyons, Michael Weinberg, and Randolph J. May, Practice Group Podcast, Federalist Society

Sunday, August 10, 2014

Wisconsin appellate court week August 11-15, 2014

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 September 4th, 9th, 10th, 12th and 23rd, and October 1st, 2nd and 7th.

The next conferences on pending petitions for review are September 11th and 18th.

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

Pending rules petitions include those scheduled for hearing or conference September 22nd and 29th.

The Court of Appeals has no oral argument scheduled.

Friday, August 8, 2014

Rewind: The Week of August 4-8

At Wisconsin Eye,
"Steve Walters and JR Ross discuss interesting races in the upcoming primary election"

Wisconsin Federalinks Fri Aug 8th

Milwaukee Chapter events: August 19th F.H. Buckley (more);

Recent news and comment on law and policy:

Administrative Law & Regulation

Municipal Newsletter - July/August 2014, Boardman & Clark LLP

What a History of Tax Withholding Tells Us About the Relationship between Statutes and Constitutional Law, by Anuj C. Desai, University of Wisconsin Law School, Northwestern University Law Review, Vol. 108, No. 3, 2014, Univ. of Wisconsin Legal Studies Research Paper No. 1274, Social Science Research Network

Criminal Law & Procedure

State Supreme Court upholds porn convictions, by Scott Bauer, Associated Press, Wisconsin Law Journal, on State v. Purtell, 2014 WI 101 (2012AP1307-CR)

Mother received required warnings of potential termination of parental rights, On Point, Wisconsin State Public Defender, on Portage County DHHS v. Julie G., 2014AP1057

Counsel wasn’t ineffective at bail jumping trial, On Point, Wisconsin State Public Defender, on State v. Kaczmarek, 2013AP1745-CR

Federalism & Separation of Powers

'Somebody Grab the Wheel!' State Autonomous Vehicle Legislation and the Road to a National Regime, by Andrew Swanson, Marquette Law Review

Financial Services & E-Commerce

New Law Requires Creditors to Take Extra Steps, Valerie Bailey-Rihn, Quarles & Brady LLP, Madison, on Associated Bank N.A. v. Collier, 2014 WI 62 (2011AP2597), and Attorney’s Title Guaranty Fund, Inc. v. Town Bank, 2014 WI 63 (2011AP2597)

How to: Navigating estoppel letters and SNDAs by Anne Wal, von Briesen & Roper S.C., Milwaukee, Wisconsin Law Journal

Free Speech & Election Law

Voter ID ruling creates confusion, by Scott Bauer, Associated Press, Wisconsin Law Journal, on Milwaukee Branch of the NAACP v. Walker, 2014 WI 98 (2012AP1652)

Labor & Employment Law

Wisconsin Supreme Court Upholds Act 10, Melli Law S.C., Madison, on Madison Teachers Inc. v. Walker, 2014 WI 99 (2012AP2067)

Have you updated your employment application recently? Mitchell W. Quick, Michael Best & Friedrich LLP, Milwaukee

Professional Responsibility & Legal Education

Law Schools, Not Apprenticeships, Best Provide for Real World Needs, by Linda Sheryl Greene, The New York Times (via University of Wisconsin Law School)

Thursday, August 7, 2014

Wisconsin Federalinks Thur Aug 7th 2014

Milwaukee Chapter events: August 19th F.H. Buckley (more);

Recent news and comment on law and policy:

Administrative Law & Regulation

Does Outdated Personal Property Tax Deserve Reexamination? Wisconsin Taxpayers Alliance

Food Law & Policy: The Fertile Field’s Origins and First Decade, by Baylen J. Linnekin and Emily M. Broad Leib, Wisconsin Law Review

Civil Rights

High court upholds domestic partner registry, by M.L. Johnson, Associated Press, Wisconsin Law Journal, and
The Wisconsin Supreme Court unanimously upholds the domestic partner registry, by Ann Althouse, Madison,
on Appling v. Walker, 2014 WI 96 (2011AP1572)

Corporations, Securities & Antitrust

A Compilation of Enforcement and Non-Enforcement Actions, by Peter D. Fetzer, Milwaukee, and Terry D. Nelson, Madison, Foley & Lardner LLP

More Craft Brewing ESOP Momentum, by Timothy L. Stewart, DeWitt Ross & Stevens S.C., Madison

Criminal Law & Procedure

Supreme Court Affirms Harmless Error Review of Defendant’s Right to Testify, by Deborah Spanic, WisBar News, on State v. Nelson, 2014 WI 70 (2012AP2140-CR)

SCOW: Taking prescription medication can never support NGI defense, On Point, Wisconsin State Public Defender, on State v. Anderson, 2014 WI 93 (2011AP1467-CR)

Counsel wasn’t ineffective for failing to call witness at Franks hearing, On Point, Wisconsin State Public Defender, on State v. Gilmore, 2013AP2186-CR

More DNA Testing Ordered in 2003 Rape, Burn, Attempted Homicide Case, by Sarah Thomsen, WBAY, Green Bay (via University of Wisconsin Law School)

Federalism & Separation of Powers

The Affordable Care Act and the rule of law - again, by Rick Esenberg, Shark and Shepherd, Milwaukee

Financial Services & E-Commerce

Power of Sale in Wisconsin Loan Documents, by John M. Murphy, Nathan J. Wautier, and Joseph D. Shumow, Reinhart Boerner Van Deuren S.C., Milwaukee

Free Speech & Election Law

Wisconsin Supreme Court Upholds Voter ID, by Tom Kamenick, Wisconsin Institute for Law & Liberty, Milwaukee,
Wisconsin Supreme Court Upholds Act 10, Voter ID, Right Wisconsin,
Wisconsin Voter ID Law Is Upheld by State’s Supreme Court, by Andrew Harris and Marie Rohde, Bloomberg News,
The Wisconsin Supreme Court upholds the photo ID law, by Ann Althouse, Madison, and
How The WI Supreme Ct Voter ID Ruling Could Impact the Federal Challenge, by Rick Esenberg, Right Wisconsin,
on Milwaukee Branch of the NAACP v. Walker, 2014 WI 98 (2012AP1652) and League of Women Voters of Wisconsin Education Network, Inc. v. Walker, 2014 WI 97 (2012AP584-AC)

Intellectual Property

Searching for an Out: Rojadirecta, MyVidster, and the Knowledge Components of the Information Location Tool Exemption of § 512(d), comment by Kevin J. Wleklinski, Marquette Intellectual Property Law Review

Labor & Employment Law

Wisconsin Supreme Court Upholds Wisconsin Public Sector Collective Bargaining Reforms, by Robert W. Mulcahy and Joseph Louis Olson, Michael Best & Friedrich LLP, Milwaukee,
Wisconsin Supreme Court Upholds Act 10 in its Entirety, by Kyle J. Gulya, von Briesen & Roper S.C., Madison,
Wisconsin Supreme Court Declares Act 10 Is Constitutional, by Geoffrey A. Lacy, Davis & Kuelthau S.C., Milwaukee,
Wisconsin Supreme Court Finds Act 10 Constitutional, FYI School Law Newsletter - August 2014, Boardman & Clark LLP, Madison,
Wisconsin Supreme Court Upholds Act 10, by Tom Kamenick, Wisconsin Institute for Law & Liberty, Milwaukee, and
The Wisconsin Supreme Court upholds Act 10 — the legislation that sparked huge protests back in 2011, by Ann Althouse, Madison,
on Madison Teachers Inc. v. Walker, 2014 WI 99 (2012AP2067)

Micro-Unions: Is This The Future? by Dean R. Dietrich, The Blue Ink, Ruder Ware L.L.S.C., Wausau

Professional Responsibility & Legal Education

UW Law welcomes three new faculty members, University of Wisconsin Law School

Legal Framing, by Gwendolyn Leachman, University of Wisconsin Law School, 61 Studies in Law, Politics, and Society, Univ. of Wisconsin Legal Studies Research Paper No. 1272, Social Science Research Network

Wednesday, August 6, 2014

F.H. Buckley 'The Once and Future King' August 19, 2014

Professor F.H. Buckley will speak on 'The Once and Future King: The Rise of Crown Government in America' at a Noon luncheon Tuesday, August 19, 2014, at the Milwaukee Athletic Club, 758 North Broadway.

Mr. Buckley is a Foundation Professor at George Mason University School of Law, where he has taught since 1989. Before then, he was a visiting Olin Fellow at the University of Chicago Law School. He has also taught at McGill Law School in Montreal, the Sorbonne (Paris II), and Sciences Po in Paris. His most recent books are The American Illness (Yale 2013), Fair Governance (Oxford 2009), Just Exchange (Routledge 2005) and The Morality of Laughter (Michigan 2003). He is a senior editor of The American Spectator.

His The Once and Future King was published by Encounter Books in Spring 2014. Through the generosity of The Bradley Foundation, each attendee will receive a complimentary copy. Professor Buckley will be available after his talk to sign copies of his book.

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 . 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.

Presented by the Milwaukee Lawyers Chapter.

Wisconsin Federalinks Wed Aug 6th 2014

Milwaukee Chapter events: August 19th F.H. Buckley (more);

Recent news and comment on law and policy:

Administrative Law & Regulation

New town incremental financing laws changes, by Carol A. Muratore, Milwaukee, and Danny S. Tang, Madison, Godfrey & Kahn, S.C.

Legislative Council Steering Committee for Personal Property Tax, July 30, 2014 meeting, Wisconsin Eye video

Legislative Council Study Committee on Review of TIF, Hamilton Consulting Group, Madison

Sorry Tony Evers, Common Core Is Up To the Legislature, by Rick Esenberg, Right Wisconsin

Criminal Law & Procedure

Court Uses Harmless Error Analysis to Resolve Fatal Drunk Driving Case, by Joe Forward, WisBar News, on State v. Rocha-Mayo, 2014 WI 57 (2011AP2548-CR)

When Cops Come A-Knockin', You Can Drive Away, Wis. Court Rules, by Mark Wilson, Seventh Circuit News and Information Blog, on County of Grant v. Vogt, 2014 WI 76 (2012AP1812)

Evidence showed dad failed to assume parental responsibility; trial counsel performed effectively, On Point, Wisconsin State Public Defender, on Manitowoc County Human Services Dep’t v. Ralph B., 2014AP140

Exclusion of expert testimony and of prior, unsubstantiated accusations of child sexual assault affirmed, On Point, Wisconsin State Public Defender, on State v. Jones, 2013AP1731-CR

Environmental Law & Property Rights

EPA Proposes to Accept Only ASTM Standard E1527-13 for AAI, by George Marek, Milwaukee, Lawrence Falbe, Chicago, Lauren Harpke, Milwaukee, Quarles & Brady LLP

Federalism & Separation of Powers

Courts Split on ACA Tax Subsidies, Hamilton Consulting Group, Madison

A Tale of Two Decisions: Two Appeals Courts Reach Different Decisions on Latest Affordable Care Act Controversy, Melli Law S.C., Madison

Financial Services & E-Commerce

Archdiocese bankruptcy case sent to mediation, by M.L. Johnson, Associated Press, Wisconsin Law Journal

Free Speech & Election Law

Justice Dept. weighs in on Wis. voting case, by Eric Tucker, with Ann Sanner and Scott Bauer, Associated Press, Wisconsin Law Journal

Judge denies conservatives’ request to add GAB to civil rights lawsuit, by M.D. Kittle, Wisconsin Reporter

Labor & Employment Law

Unpaid Interns Are Not Protected As Whistleblowers Under Wisconsin Law, Melli Law S.C., Madison, on Masri v. Labor and Industry Review Commission, 2014 WI 81 (2012AP1047)

Now Trending: Boomerang Employees, by Lauren Zwirlein, Walcheske & Luzi LLC, Brookfield

For First Time in Decades, EEOC Issues New Guidelines on Treatment of Pregnant Employees, by Jerilyn Jacobs, Gonzalez Saggio and Harlan L.L.C., Milwaukee

Litigation

Wisconsin Supreme Court Finds Coverage for Injuries to Named Insured by Permissive User, by Thomas J. Donnelly, Emile Banks & Associates LLC, Milwaukee on Blasing v. American Family Mut. Ins. Co., 2014 WI 73 (2012AP858)

Professional Responsibility & Legal Education

Barriers to entry: diversity in law firms, by Dina Medland, IBA Global Insight - August/September 2014

UW Law students score victories in criminal appeals courts, University of Wisconsin Law School

On Law , Organizations and Social Movements, by Gwendolyn Leachman, University of Wisconsin Law School, Lauren B. Edelman, University of California, Berkeley - Jurisprudence & Social Policy Program and Center for the Study of Law and Society, and Doug McAdam, Stanford University, 6 Annu. Rev. Law Soc. Sci. 653 (2010), Univ. of Wisconsin Legal Studies Research Paper No. 1273, Social Science Research Network

Tuesday, August 5, 2014

Wisconsin Federalinks Tue Aug 5th 2014

Milwaukee Chapter events: August 19th F.H. Buckley (more);

Recent news and comment on law and policy:

Civil Rights

From Protest to Perry: How Litigation Shaped the LGBT Movement's Agenda, by Gwendolyn Leachman, University of Wisconsin Law School, 47 UC Davis Law Review 1668, 2014, Univ. of Wisconsin Legal Studies Research Paper No. 1271, Social Science Research Network

Criminal Law & Procedure

Ineffective assistance of trial counsel claim fails because “accidental shooting” theory was reasonable and incompatible with strategies defendant urged on appeal, On Point, Wisconsin State Public Defender on State v. Hare, 2013AP1675-CR

New trial ordered for man convicted of 10th drunken driving, over witness confrontation with juror, by Bruce Vielmetti, Proof and Hearsay, Milwaukee Journal Sentinel, on State v. Blasczyk, 2013AP2061-CR

7th Circuit orders new suppression hearing for convicted robber to contest pro se, by Bruce Vielmetti, Proof and Hearsay, Milwaukee Journal Sentinel, on United States v. Lee, No. 13-1976

Community caretaker doctrine didn’t justify warrantless search, On Point, Wisconsin State Public Defender, on State v. Schwartz, 2013AP1868-CR

Federalism & Separation of Powers

Local lawmakers weigh in ahead of expected US House vote on lawsuit against Obama admin, by Pete Zervakis, WKOW, Green Bay (via Marquette Law School News)

Assessing the Scope of State University Sovereign Immunity: A Commentary on the Vexing Dispute over UCF Athletics Association, Inc., article by Chad Hinson, Marquette Sports Law Review

Free Speech & Election Law

Offseason workout has Prosser rounding into shape, by Eric Heisig, Court Gestures, Wisconsin Law Journal

Litigation

Gunn v. Minton: Implications for Legal Malpractice Cases Involving Patent Law and Beyond, by Ahndrea R. Van Den Elzen and Terry E. Johnson, Peterson, Johnson & Murray S.C., Milwaukee, WDC Journal, on Gunn v. Minton, 133 S. Ct. 1059 (2013)

Professional Responsibility & Legal Education

Democratic attorney general candidates to debate at UW Law School, University of Wisconsin Law School