Sunday, January 13, 2019

Wisconsin appellate court week January 14th-18th 2019

Upcoming Federalist Society events include

March 15th-16th "The Resurgence of Economic Liberty" Federalist Society National Student Symposium, Arizona State Student Chapter, Phoenix (details and registration)

Supplement to last week

- Court of Appeals Digest, by Prof. Daniel D. Blinka and Prof. Thomas J. Hammer, Marquette University Law School, Milwaukee
- Lawyer Discipline, Office of Lawyer Regulation
Wisconsin Lawyer - January 2019

- Put Your Own Oxygen Mask On First, President's Message, by Christopher Earl Rogers, Habush Habush & Rottier SC, Madison, president-elect, State Bar of Wisconsin
- More Than a Tag Line, Your State Bar column, by Larry J. Martin, executive director, State Bar of Wisconsin
Wisconsin Lawyer - January 2019

Monthly Statistical Report - December 2018, Wisconsin Supreme Court

Justice Abrahamson’s Prominence: Part 3, by Alan Ball, Marquette University, SCOWstats

Wisconsin Judicial Council Meeting Friday, January 18, 2019

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2018/2019 Term.

Next conference on pending petitions for review is

Pending rules petitions include those scheduled for hearing or conference

The Court of Appeals has no oral argument scheduled.


U.S. Supreme Court 2018 Term:
Argument for
- January 2019 (January 7th-16th)
- February 2019 (February 18th-27th)
Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Sunday, January 6, 2019

Wisconsin appellate court week January 7th-11th 2019

Upcoming Federalist Society events include

March 15th-16th "The Resurgence of Economic Liberty" Federalist Society National Student Symposium, Arizona State Student Chapter, Phoenix (details and registration)

Supplement to last week

Supreme Court field set with Neubauer, Hagedorn facing off, by Associated Press, Wisconsin Law Journal

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2018/2019 Term.

Next conference on pending petitions for review is

Pending rules petitions include those scheduled for hearing or conference

The Court of Appeals has no oral argument scheduled.


U.S. Supreme Court 2018 Term:
Argument for
- January 2019 (January 7th-16th)
- February 2019 (February 18th-27th)
Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Thursday, January 3, 2019

The Other Constitutions

Review by John Paul Stevens of 51 Imperfect Solutions: States and the Making of American Constitutional Law by Jeffrey S. Sutton, at The New York Review of Books.

Sunday, December 30, 2018

Wisconsin appellate court week December 31st 2018-January 4th 2019

Upcoming Federalist Society events include

January 3rd-4th 21st Annual Federalist Society Faculty Conference, New Orleans (details and registration)

March 15th-16th "The Resurgence of Economic Liberty" Federalist Society National Student Symposium, Arizona State Student Chapter, Phoenix (details and registration)

Supplement to last week

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2018/2019 Term.

Next conference on pending petitions for review is

Pending rules petitions include those scheduled for hearing or conference

The Court of Appeals has no oral argument scheduled.


U.S. Supreme Court 2018 Term:
Argument for
- January 2019 (January 7th-16th)
- February 2019 (February 18th-27th)
Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Wednesday, December 26, 2018

On Originalism and the First Amendment

Edward A. Fallone at the Marquette University Law School Faculty Blog.
"Perhaps if more Progressives had embraced originalism as an interpretive theory when the theory developed in the 1980s, and had played a more active role in helping to define the proper use of originalism as an interpretive method, then originalism today might be utilized more objectively and less often as a mere vehicle for cultural expression – whether on the subject of the First Amendment or otherwise."

Sunday, December 23, 2018

Wisconsin appellate court week December 24th-28th 2018

Upcoming Federalist Society events include

January 3rd-4th 21st Annual Federalist Society Faculty Conference, New Orleans (details and registration)

March 15th-16th "The Resurgence of Economic Liberty" Federalist Society National Student Symposium, Arizona State Student Chapter, Phoenix (details and registration)

Supplement to last week

Can This Year’s Wisconsin Supreme Court Jollify Scrooge? by Kate Knowlton, Knowlton Law Group LLC, Wauwatosa, Agricultural Law and Rural Practice Blog, State Bar of Wisconsin

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2018/2019 Term.

Next conference on pending petitions for review is

Pending rules petitions include those scheduled for hearing or conference

The Court of Appeals has no oral argument scheduled.


U.S. Supreme Court 2018 Term:
Argument for
- January 2019 (January 7th-16th)
Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Sunday, December 16, 2018

Wisconsin appellate court week December 17th-21st 2018

Upcoming Federalist Society events include

January 3rd-4th 21st Annual Federalist Society Faculty Conference, New Orleans (details and registration)

March 15th-16th "The Resurgence of Economic Liberty" Federalist Society National Student Symposium, Arizona State Student Chapter, Phoenix (details and registration)

Supplement to last week

Supreme Court Statistical Report - November 2018, Wisconsin Court System

Supreme Court Oral Argument
- West Bend Mutual Ins. Co. v. Ixthus Medical Supply Inc., 2017AP909
- State v. Friedlander, 2017AP1337-CR
WisconsinEye audio/video

Wisconsin Supreme Court accepts three new cases, Wisconsin Court System

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2018/2019 Term.

Next conference on pending petitions for review is

Pending rules petitions include those scheduled for hearing or conference

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court 2018 Term:
Argument for
- January 2019 (January 7th-16th)
Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Sunday, December 9, 2018

Wisconsin appellate court week December 10th-14th 2018

Upcoming Federalist Society events include

January 3rd-4th 21st Annual Federalist Society Faculty Conference, New Orleans (details and registration)

March 15th-16th "The Resurgence of Economic Liberty" Federalist Society National Student Symposium, Arizona State Student Chapter, Phoenix (details and registration)

Supplement to last week

Wisconsin Court of Appeals Published Orders - November 2018, Wisconsin Court System, 2018 WI App 67-70

Federal Rules of Appellate Procedure [effective Dec. 1, 2018], United States Court of Appeals for the Seventh Circuit

SCOTUS sends mandatory bar dues challenge back to lower court for another look, Associated Press, Wisconsin Law Journal

State Bar Board Adopts Position Statement Against Sexual Harassment in the Legal Profession, WisBar News

Neenah Attorneys Top Slate of State Bar Officer Candidates, WisBar News

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2018/2019 Term.

Next conference on pending petitions for review is

Pending rules petitions include those scheduled for hearing or conference

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court
2018 Term:
Argument for
- January 2019 (January 7th-16th)
2018 Term:
- Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Sunday, December 2, 2018

Wisconsin appellate court week December 3rd-7th 2018

Upcoming Federalist Society events include

January 3rd-4th 21st Annual Federalist Society Faculty Conference, New Orleans (details and registration)

March 15th-16th "The Resurgence of Economic Liberty" Federalist Society National Student Symposium, Arizona State Student Chapter, Phoenix (details and registration)

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2018/2019 Term.

Next conference on pending petitions for review is

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court
2018 Term:
Argument for the session beginning
- November 26, 2018
2018 Term:
- Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Sunday, November 25, 2018

Wisconsin appellate court week November 26th-30th 2018

Upcoming Federalist Society events include

November 29th James Radecki, Daniel Davis, Patrick Daugherty, John O. McGinnis (Moderator), "Optimizing Regulation of Cryptoassets" Chicago Lawyers Chapter (details and registration)

January 3rd-4th 21st Annual Federalist Society Faculty Conference, New Orleans (details and registration)

March 15th-16th "The Resurgence of Economic Liberty" Federalist Society National Student Symposium, Arizona State Student Chapter, Phoenix (details and registration)

Supplement to last week

Next Judicial Council Meeting January 18th, Wisconsin State Law Library

Wisconsin Supreme Court accepts one new case, Wisconsin Court System

Katherine Maloney Perhach to succeed Susan V. Kelley in Bankruptcy Court (E.D. Wis), Press Release, United State Court of Appeals for the Seventh Circuit

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2018/2019 Term.

Next conference on pending petitions for review is

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court
2018 Term:
Argument for the session beginning
- November 26, 2018
2018 Term:
- Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Sunday, November 18, 2018

Wisconsin appellate court week November 19th-23rd 2018

Supplement to last week

Wisconsin Supreme Court Annual Statistical Report 2017-2018 Term, Wisconsin Court System

Justice Abrahamson’s Influence: Part 2, by Alan Ball, Marquette University, SCOWstats

The State of Stare Decisis in Wisconsin, by Joseph S. Diedrich, Husch Blackwell LLP, Madison, Wisconsin Lawyer - November 2018

- Court of Appeals Digest, by Prof. Daniel D. Blinka, and Prof. Thomas J. Hammer, Marquette University Law School
- Lawyer Discipline, Office of Lawyer Regulation
Wisconsin Lawyer - November 2018

- Now Playing in Your Neighborhood: State Bar Outreach and Services, President's Message by Christopher Earl Rogers, Habush Habush & Rottier SC, Madison, president-elect, State Bar of Wisconsin
- Lift Every Voice, Your State Bar column by Larry J. Martin, executive director, State Bar of Wisconsin
Wisconsin Lawyer - November 2018

The Need for a Marks Rule in Wisconsin, by Philip C. Babler, Milwaukee, Foley & Lardner LLP

High court issues order adding member to ATJ commission, by Erika Strebel, Wisconsin Law Journal

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2018/2019 Term.

Next conference on pending petitions for review is

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court
2018 Term:
Argument for the session beginning
- November 26, 2018
2018 Term:
- Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Sunday, November 11, 2018

Wisconsin appellate court week November 12th-16th 2018

Supplement to last week

Wisconsin Supreme Court oral arguement:
- State v. A. L., 2016AP880
- Sister Bay Condo Assn., Inc. Yacht Club v. Village of Sister Bay, 2017AP140
- Ogden 2008 Family Trust v. Town of Delafield Board of Review, 2017AP516
- Marx v. Morris, 2017AP146
- Tikalsky v. Friedman, 2017AP170
audio/video, WisconsinEye

Supreme Court Monthly Statistical Report - August 2018, Wisconsin Court System

Supreme Court Monthly Statistical Report - October 2018, Wisconsin Court System

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2018/2019 Term.

Next conference on pending petitions for review is

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court
2018 Term:
Argument for the session beginning
- November 26, 2018
2018 Term:
- Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Tuesday, November 6, 2018

Thurgood Marshall and (and versus) John W. Davis

Ross E.Davies in "Opening Remarks" at the Journal of Law.
"Between the hero-worshipping in the early ’30s and the Goliath-felling in Briggs [v. Elliott], Marshall met and chatted with Davis face-to-face on at least one occasion, and not at the Court. While preparing for the first round of Briggs arguments, he lunched with Davis. Marshall biographer Juan Williams describes the reaction of Marshall’s colleagues at the National Association for the Advancement of Colored People:
'[W]hy, some asked, was he going out of his way to sit down and break bread with an old segregationist like Davis?

'"John Davis was the enemy," said [NAACP staffer June] Shagaloff. "He was everything that we were fighting. How could Mr. Marshall go to lunch with him?"' When Shagaloff and some other NAACP staffers confronted him about it, Marshall explained, 'We’re both attorneys, we’re both civil. It’s very important to have a civil relationship with your opponent.' [footnote omitted] Which is not to say that Marshall had any illusions about the man he was dining with, or any respect for Davis’s stance on segregation, or any hesitation about pushing back against Davis and the interests he represented, but, rather, it is to say that Marshall valued and practiced lawyerly civility, even when the stakes were at their highest.' "
Even, or especially.

Saturday, November 3, 2018

Wisconsin appellate court week November 5th-9th 2018

Supplement to last week

Wisconsin Supreme Court oral argument:
- Hausserman v. Board of Bar Examiners, 2018AP644-BA
- Steadfast Insurance Co. v. Greenwich Insurance Co., 2016AP1631
- Office of Lawyer Regulation v. Zapft, 2016AP2514-D
audio/video, WisconsinEye

Overview of the Wisconsin Supreme Court’s 2017-18 Term, by Anne-Louise Mittal, Milwaukee, Foley & Lardner LLP

Annual Meeting of the Wisconsin Judicial Conference
- State of the Judiciary Address 2018, by Hon. Patience Drake Roggensack, Chief Justice, Wisconsin Supreme Court
- Director of State Court's Address 2018, by Hon. Randy R. Koschnick, Director of State Courts
Wisconsin Court System

Wisconsin Supreme Court Picks Up the Pace Under New Procedure, by Philip C. Babler, Milwaukee, Foley & Lardner LLP

Court of Appeals Orders of Published Opinions - October 2018, Wisconsin Court System

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2018/2019 Term.

Next conference on pending petitions for review is

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court
2018 Term:
Argument for the session beginning
- October 29, 2018
- November 26, 2018
2017 Term:
- Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Wednesday, October 31, 2018

Field Notes from the National Public Health Law Conference

Tip of the Month, by Richard Lavigne, managing attorney, ABC for Health Inc., Madison, at the State Bar of Wisconsin Public Interest Law Section Blog.

Sunday, October 28, 2018

Wisconsin appellate court week October 29th-November 2nd 2018

Supplement to last week

Judicial Council:
- Minutes of September 21, 2018 meeting
- Next meeting November 16, 2018

Case Disposition of Petitions to Wisconsin Supreme Court - September 2018, Wisconsin Court System, 2018 WI 100

Wisconsin eFiling Update (Vol. 3, Iss. 6), Wisconsin Court System

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2018/2019 Term.

Next conference on pending petitions for review is

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court
2018 Term:
Argument for the session beginning
- October 29, 2018
- November 26, 2018
2017 Term:
- Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders

Sunday, October 21, 2018

Wisconsin appellate court week October 22nd-26th 2018

Supplement to last week

Wisconsin Supreme Court accepts seven new cases, Wisconsin Court System

This week:

Here are the lists of the Wisconsin Court System's links to:

as they are posted.

Supreme Court pending cases and pending disciplinary complaints include those scheduled for oral argument:

Dates set aside for arguments but to which specific cases have not yet been scheduled can be found on the Yearly Oral Argument Schedule - 2018/2019 Term.

Next conference on pending petitions for review is

Pending rules petitions (none currently scheduled for hearing or conference)

The Court of Appeals has oral argument scheduled for


U.S. Supreme Court
2018 Term:
Argument for the session beginning
- October 29, 2018
- November 26, 2018
2017 Term:
- Latest slip opinions

U.S. Court of Appeals for the 7th Circuit: this week's Opinions and Unpublished Orders