Friday, September 19, 2014

Wisconsin Legislative Spotlight, The Week of September 22, 2014

Posted by the Legislative Reference Bureau

Newsmakers: Pre-Election Analysis with Charles Franklin and Mordecai Lee

At Wisconsin Eye,
"...Senior Producer Steve Walters held a Newsmakers interview with Charles Franklin and Mordecai Lee to analyze the upcoming general election..."

Rewind for the week September 15-19

At Wisconsin Eye,
"Senior Producer Steve Walters and WisPolitics Editor JR Ross recapped Wisconsin politics for the week..."

FS WI law & policy review - week of September 8th (part 5)

Recent news and comment on law and policy:

Administrative Law & Regulation

LegalBitStream navigates tax law, by Beverly Butula, manager of library of services, Davis & Kuelthau S.C., Milwaukee, Wisconsin Law Journal

Criminal Law & Procedure

Joinder of sexual assault claims and admission of evidence showing change in victim’s personality upheld, On Point, Wisconsin State Public Defender, on State v. Lattimore, 2013AP911-CR

'This Naughty, Naughty City': Prostitution in Eau Claire from the Frontier to the Progressive Era, by Bonnie J. Shucha, University of Wisconsin Law School, 81 Wisconsin Magazine of History 1, p. 30, Autumn 1997, Univ. of Wisconsin Legal Studies Research Paper No. 1284

Environmental Law & Property Rights

Evidence of Subjective Intent is Relevant in Adverse Possession Claims, Melli Law S.C., Madison, on Wilcox v. Estate of Hines, 2014 WI 60 (2012AP1869)

Federalism & Separation of Powers

Constitutional Amendment to Be Considered by Wisconsin Voters, November 4, 2014, Wisconsin Briefs, Brief 14-9, Legislative Reference Bureau

Seeds of Monarchy? by John Yoo, review of The Once and Future King: The Rise of Crown Government in America, by F.H. Buckley, Claremont Review of Books

Free Speech & Election Law

Appeals court reinstates voter ID law, by Todd Richmond and Michael Tarm, Associated Press, Wisconsin Law Journal

7th Circuit reinstates Wisconsin voter ID law, by Ann Althouse, Madison, "...Crawford will dictate the outcome, I predict."

WSJ Asks: What's Up With The Wisconsin Supreme Court? Right Wisconsin

International & National Security Law

Cool eyes hallucinating at the constitutional lawprofs of war, by Ann Althouse, Madison

Litigation

Supreme Court Oral Argument: Wilson Mutual Insurance Company v. Robert Falk, Wisconsin Eye (via Wisconsin Defense Counsel)

Supreme Court Oral Argument: Frederick W. Preisler v. Kuettl's Septic Service, LLC, Wisconsin Eye (via Wisconsin Defense Counsel)

Professional Responsibility & Legal Education

Mobile Device Gone Missing? Protect Your Information Before It’s too late, by Genevieve Zook, Inside Track

Dr. Jeremy Levitt appointed dean of law, University of New Brunswick (via University of Wisconsin Law School)

Thursday, September 18, 2014

Wednesday, September 17, 2014

FS WI law & policy review - week of September 8th (part 3)

Today is Constitution Day.

Recent news and comment on law and policy:

Administrative Law & Regulation

Stealth Regulation -- Agency Circumvention of OIRA and the APA? with John D. Graham and Todd J. Zywicki, Practice Group Podcast, Federalist Society

Ruling and Order, Torrey v. Wisconsin Department of Revenue, Wisconsin Tax Appeals Commission, No. 14-I-165

Legislative Council Study Committee on Review of Tax Incremental Financing, Wisconsin Eye

Criminal Law & Procedure

Supreme Court Oral Argument: State v. Ramon G. Gonzalez, Wisconsin Eye

Criminal Action Against Village Clerk Who Embezzled Funds Not Time-Barred, by Joe Forward, WisBar News, on State v. Simmelink, 2013AP2491-CR

Court lost competency in ch. 51 case because probable cause hearing occurred beyond 72-hour time limit, On Point, Wisconsin State Public Defender, Waukesha County v. Steven R.C., 2014AP1032-FT

Police had reasonable suspicion to prolong stop and conduct protective sweep, On Point, Wisconsin State Public Defender, on State v. Estrada, 2013AP2803-CR

Environmental Law & Property Rights

Supreme Court Oral Argument: 118th Street Kenosha, LLC v. WISDOT, Wisconsin Eye

Wisconsin Judge Reinforces Public Trust Doctrine, by Carl A. Sinderbrand, Axley Brynelson LLP, Madison (via Wisconsin Defense Counsel)

Can you Shrink a Condominium Project?, by Nancy Leary Haggerty, Michael Best & Friedrich LLP, Milwaukee

Federalism & Separation of Powers

Add 2 More: Wis., Ind. Seek SCOTUS Review of Same-Sex Marriage, by Mark Wilson, 7th Circuit News and Information Blog

Financial Services & E-Commerce

Truth in Lending Act and Consumer Leasing Act Dollar Thresholds Raised: Fewer Transactions Exempt, by Timothy S. Crips, The CFSL Bulletin, Foley & Lardner LLP, Madison

No deal yet in Milwaukee archdiocese bankruptcy, by M.L. Johnson, Associated Press, Wisconsin Law Journal

Free Speech & Election Law

Oral Argument recording, Frank v. Walker, 7th Cir., No. 14-2058

Federal Panel Suggests Koch-Tied Judge Overreached When He Halted Walker Probe, by Brendan Fischer, The Progressive, Madison

7th Circuit Judge Questions Constitutionality of John Doe Secrecy Order, by M.D. Kittle, Wisconsin Reporter, at Right Wisconsin

John Doe prosecutor John Chisholm objects to what Stuart Taylor Jr. said about his anti-Walker vendetta, by Ann Althouse, Madison

International & National Security Law

Where Immigration and Children’s Law Meet, by Emily Dudak Taylor, The Law Center for Children and Families, Madison, Wisconsin Lawyer

Labor & Employment Law

Federalist Society of Madison Luncheon, "Act 10: A Postmortem", Wisconsin Eye

Asserting Influence and Power in the 21st Century: The NLRB Focuses on Assisting Non-Union Employees, by Elizabeth Milito, Senior Executive Counsel, NFIB Small Business Legal Center, Engage: The Journal of the Federalist Society Practice Groups

Group sues Madison schools over teacher contract, by Todd Richmond, Associated Press, Wisconsin Law Journal

DOL Issues Updated Guidance on Dealing with Missing and Unresponsive Participants upon Plan Termination, Melli Law S.C., Madison

Litigation

Tort Report 7.0 outline and Tort Report 7.0 summaries, by James Naugler, Moen Sheehan Meyer Ltd., La Crosse, Wisconsin Defense Counsel Summer 2014 Conference

Professional Responsibility & Legal Education

Supreme Court Oral Argument: Office of Lawyer Regulation v. John J. Carter, Wisconsin Eye

Tison Rhine: The New ‘Go-to Guy’ for Practice Management Assistance, by Heneghan, Inside Track

The ethics of Candy Crush, by Nate Cade, Cade Law LLC, Milwaukee, Wisconsin Law Journal (via Wisconsin Defense Counsel)

UW Law's Rebecca Scheller '07 named 2014 'Up and Coming Lawyer', University of Wisconsin Law School

The Circle of Life: Managing a Law Library Web Site Redesign Project, by Bonnie J. Shucha, University of Wisconsin Law School, 95 Law Library Journal 47 (Winter 2003), Univ. of Wisconsin Legal Studies Research Paper No. 1283

Religious Liberties

"For me the colander represents freedom, our freedom of religion, and to whatever religion we prefer or lack of religion", by Ann Althouse, Madison

Tuesday, September 16, 2014

FS WI law & policy review - week of September 8th (part 2)

Tomorrow is Constitution Day.

Recent news and comment on law and policy:

Administrative Law & Regulation

The ABCs of Special Needs Students, by Faith N. Kohler, U.S. Postal Inspection Service, Milwaukee, Wisconsin Lawyer

Retirement Security: Leveraging the Research and Development Tax Credit, by Tristen J. Cohen, Lurie Besikof Lapidus & Company LLP, Minneapolis, Marquette Elder’s Advisor

Civil Rights

Environmental Groups Use Civil Rights Act to Challenge Hog Farm Permits, by David A. Crass and Cameron F. Field, Michael Best & Friedrich LLP, Madison

Corporations, Securities & Antitrust

Time for Changes in the Policies of Major League Soccer, by Tyler Coppage, Marquette University Law School Faculty Blog

Criminal Law & Procedure

Supreme Court Oral Argument: State v. Michael R. Tullberg, Wisconsin Eye

Supreme Court Oral Argument: State v. Cassius A. Foster, Wisconsin Eye

State Supreme Court Considers Police Drawing Blood From Drunken Drivers, by Gilman Halsted (via University of Wisconsin Law School)

Warrant to Track Suspect’s Cell Phone Met Constitutional Requirements, by Joe Forward, WisBar News, on State v. Tate, 2014 WI 89 (2012AP336-CR)

Court lost competency to issue harassment injunction, On Point, Wisconsin State Public Defender, on Hill v. D.C., 2013AP1844

What the Seventh Circuit Did During Your Summer Vacation, by Jonathan Koenig, Milwaukee, Marquette University Law School Faculty Blog

Institutions Can Seek Harassment Injunctions, Melli Law S.C., Madison, on U.W. Board of Regents v. Decker, 2014 WI 68 (2011AP2902)

Environmental Law & Property Rights

Hot Topics in Class Action Reform: The BP Deepwater Horizon Case, with Neal K. Katyal, Theodore B. Olson, and Stuart S. Taylor, Practice Groups Event Audio/Video, Federalist Society

Newsmakers: Carbon Emission Rules, Steve Walters interviewed PSC Commissioner Ellen Nowak, Wisconsin Eye

Federalism & Separation of Powers

November Vote: Constitutional Amendment, Wisconsin Taxpayers Alliance

Gingery v. City of Glendale, by Ryan Scoville, Marquette University Law School

Financial Services & E-Commerce

Estate Planning for Your Digital Assets, by Michelle M. Affatati and Eileen M. Kelley, Stafford Rosenbaum LLP, Madison

Free Speech & Election Law

Lawsuit over Walker-related probe to be argued, by Scott Bauer, Associated Press, Wisconsin Law Journal

Oral Argument recording, O'Keefe v. Schmitz (7th Cir., No. 14-2585)

7th Hears Oral Arguments in Wis. Voter ID Case This Week, by William Peacock, 7th Circuit News and Information Blog

The 7th Circuit panel seemed quite skeptical of the federal court's place interfering with the John Doe investigation, by Ann Althouse, Madison, "I predict the prosecutors will win in this case, but mainly because the John Doe investigation can and should be shut down by the state court judge."

District attorney’s wife drove case against Wis. Gov. Walker, insider says, by Stuart Taylor, Jr., American Media Institute, Legal Newsline

Labor & Employment Law

Labor Law Clinic, Department of Workforce Development, September 17th, Green Bay

Litigation

Judge Easterbrook on Appellate Review: There Are No "Writs of Erasure", by Eric G. Pearson, Wisconsin Appellate Law, Foley & Lardner LLP, Milwaukee

Seventh Circuit Rejects "Scandalous" Settlement, by Bethany Leigh Rabe, Litigation News, on Eubank v. Pella Corp., Nos. 13-2091, 13-2133, 13-2136, 13-2162, and 13-2202 (via Wisconsin Defense Counsel)

Professional Responsibility & Legal Education

At Wit’s End: Dealing with Difficult or Challenging Clients, by Joe Forward, Inside Track

The Third Branch - Summer 2014, Wisconsin Court System (via Wisconsin Defense Counsel)

I Want My Web 2.0: Reflections on the CS-SIS Web 2.0 Challenge, by Bonnie J. Shucha, University of Wisconsin Law School, Deborah Ginsberg, IIT Downtown Campus Library, and Meg Kribble, Nova Southeastern University Shepard Broad Law Center, AALL Spectrum, p. 28, April 2009, Univ. of Wisconsin Legal Studies Research Paper No. 1280

Religious Liberties

Atheist churches, by Ann Althouse, Madison

Monday, September 15, 2014

FS WI law & policy review - week of September 8th (part 1)

Recent news and comment on law and policy:

Administrative Law & Regulation

Wisconsin Administrative Register No. 705 [part a]; Published by the Legislative Reference Bureau; Publication Date: September 14, 2014; Effective Date: September 15, 2014

Proposed changes to Medicare and Medicaid fire safety regulations, by Thomas N. Shorter and Danny S. Tang, Godfrey & Kahn S.C., Madison

Criminal Law & Procedure

Police had probable cause to arrest for operating with a detectable amount of a controlled substance, On Point, Wisconsin State Public Defender, on State v. Shah, 13AP2755

Police misconduct claims deserve day in court, On the Defensive column by Anthony Cotton, Kuchler & Cotton SC, Waukesha, Wisconsin Law Journal

Marijuana Regulation in the States, Wisconsin Briefs, No. 14-8, Legislative Reference Bureau

Environmental Law & Property Rights

Do Sue and Settle Practices Undermine Congressional Intent for Cooperative Federalism on Environmental Matters? by David B. Rivkin, Jr., Baker & Hostetler LLP, and Center for Law and Counterterrorism, and Adam Doverspike, GableGotwals, Engage: The Journal of the Federalist Society Practice Groups

Don't Forget Your Hard Hat: Preserving Your Visibility, Access, and Use During Construction, by Chris A. Jenny, Madison, and William R. West and Lauren A. Triebenbach, Milwaukee, von Briesen & Roper, s.c.

Financial Services & E-Commerce

Deal sought in Milwaukee archdiocese bankruptcy, by M.L. Johnson, Associated Press, Wisconsin Law Journal

Free Speech & Election Law

Judge orders state not to enforce PAC limits law, by Scott Bauer, Associated Press, Wisconsin Law Journal

Litigation

Blackstone and Booze: Wisconsin Court of Appeals Discusses Retroactivity of Judicial Decisions, by Philip C. Babler, Wisconsin Appellate Law, Foley & Lardner LLP, Milwaukee, on Mixx Night Club v. Milwaukee, 13AP2599

Mandatory E-filing: Proposal Mandates Electronic Court Filings in Wisconsin, by Joe Forward, Inside Track

Advance eSheet September 1-5, 2014, Wisconsin Defense Counsel

Professional Responsibility & Legal Education

What Comes First the Software or the Hardware? by Jeff Krause, Solfecta LLC, Waterford, Inside Track

Marriage, “Magic Bullets,” and Medical Decision-Making: Contemporary Reflections on Themes in the Scholarship of Professor Marygold S. Melli, by Lynn D. Wardle, J. Reuben Clark Law School, Brigham Young University, Wisconsin Journal of Law, Gender & Society

A Global Survey on the Study of International Law, by Ryan Scoville, Marquette University Law School Faculty Blog

Wisconsin's Drinking Problem Doesn't Stem From Cultural Heritage, Expert Says, Wisconsin Public Radio (via University of Wisconsin Law School)

It's About Opportunities: Reflections on Celebrating National Library Week, by Bonnie J. Shucha, University of Wisconsin Law School, AALL Spectrum, p. 8, November 2005, Univ. of Wisconsin Legal Studies Research Paper No. 1281

Sunday, September 14, 2014

Wisconsin appellate court week September 15-19, 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 23rd, see Synopses, and October 1st, 2nd and 7th.

The next conference on pending petitions for review is September 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 18th.

Friday, September 12, 2014

Wisconsin Legislative Spotlight, The Week of September 15, 2014

Posted by the Legislative Reference Bureau

FS WI law & policy review - week of September 1st (part 5)

Recent news and comment on law and policy:

Criminal Law & Procedure

Extended statute of limitation for theft runs from actual discovery, not from when theft should have been discovered, On Point, Wisconsin State Public Defender, on State v. Simmelink, 2013AP2491-CR

Tip from one student provided reasonable grounds for search of another student, On Point, Wisconsin State Public Defender, on State v. Chase A.T., 2014AP260

Police had reasonable basis to stop car for failing to signal, On Point, Wisconsin State Public Defender, on State v. Salzwedel, 2014AP301-CR

Pro se defendant’s appellate arguments too undeveloped to address, On Point, Wisconsin State Public Defender, on State v. Grant, 2013AP1829-CR and 2013AP1830-CR

Book Review: Shaken Baby Syndrome on Trial, by Keith A. Findley, University of Wisconsin Law School, and Barry Scheck, Benjamin N. Cardozo School of Law, 29 Criminal Justice #2 (Summer 2014), American Bar Association, Univ. of Wisconsin Legal Studies Research Paper No. 1279, Social Science Research Network

Environmental Law & Property Rights

Administrative Decision Signals Potential Shift in Wisconsin Water Law, by David A. Crass, Jordan J. Hemaidan, Anna J. Wildeman, and Michael P. Screnock, Michael Best & Friedrich LLP, Madison

Federalism & Separation of Powers

Unconstitutional: Wisconsin, Indiana Offer No Good Reasons for Gay Marriage Bans, Seventh Circuit Says, by Joe Forward, WisBar News, on Wolf v. Walker, No. 14-2526

Posner notable, quotable in same-sex marriage decision, by Eric Heisig, Court Gestures, Wisconsin Law Journal

"We're sorry if campaign law has become so complex that the relevant details can't fit in a newspaper article...", by Ann Althouse, Madison

Labor & Employment Law

Managing Never-Ending Leaves Under the ADA, by Saul C. Glazer, Axley Brynelson LLP, Madison

Using “Like” on Facebook may be Protected Speech, by Dean R. Dietrich, The Blue Ink, Ruder Ware L.L.S.C., Wausau

Getting Paid – Redux, by Alan G. B. Kim, Jr., von Briesen & Roper s.c., Madison

Litigation

Turning a Mediation Failure into a Mediation Success - Specific Things Counsel Can Do to Make a Difference, by Russell Ware, SmithAmundsen LLC, Milwaukee, and Brent Smith, Johns Flaherty & Collins S.C., Wisconsin Defense Counsel Summer 2014 Conference

Providing Initial Defense for Insured’s in Cases Where Coverage is Questionable Can Provide Insurers with Procedural Leverage to Later Disclaim its Duty to Defend, Corneille Law Group LLC, Madison, on Pumpkin, Inc., v. Ryan, No. 2013AP1320

Plaintiff Can’t Win Suit for Popcorn Lung, Moen Sheehan Meyer Ltd., La Crosse

Professional Responsibility & Legal Education

Attack groups scour attorney general candidate records, by Todd Richmond, Associated Press, Wisconsin Law Journal

Pending disciplinary complaints, through August 29, 2014, Office of Lawyer Regulation

Thursday, September 11, 2014

Reversals in Criminal Cases

Alan Ball at SCOWstats
"considers two categories of Supreme Court reversals of rulings from the court of appeals: reversals of rulings that had favored defendants, and reversals of rulings that had favored the state The discussion covers 15 terms (1998/99 through 2012/13), which have provided a total of 316 criminal cases for consideration. [footnotes omitted]"
(via On Point)

FS WI law & policy review - week of September 1st (part 4)

Recent news and comment on law and policy:

Administrative Law & Regulation

7th Circuit Defines "Worthless Services" Under the False Claims Act, by Eric G. Pearson Posted By Eric G. Pearson, Foley & Lardner LLP, Milwaukee

Criminal Law & Procedure

Supreme Court Oral Argument: State v. Myron C. Dillard, Wisconsin Eye

Supreme Court Oral Argument: State v. General Grant Wilson, Wisconsin Eye

Trial counsel’s failure to file timely alibi notice doesn’t get defendant new trial, On Point, Wisconsin State Public Defender, on State v. Bannister, 2013AP2679-CR

Any error in admitting expert testimony in CHIPS case was harmless, On Point, Wisconsin State Public Defender, on State v. Eugene P., 2014AP361, 2014AP362 and 2014AP363

Ch. 51 appeal is moot, On Point, Wisconsin State Public Defender, on Milwaukee County v. Rebecca G., 2014AP359

Environmental Law & Property Rights

WPDES CAFO Permit Program Affirmed by Administrative Decision, by David A. Crass and Anna J. Wildeman, Michael Best & Friedrich LLP, Madison

Wis., Ind. Same-Sex Marriage Bans Unconstitutional, 7th Cir. Rules, by Mark Wilson, Seventh Circuit News and Information Blog

Free Speech & Election Law

Oral argument on voter ID September 12th 9:30am, United States Court of Appeals for the Seventh Circuit, Frank v. Walker, Nos. 14-2058 and 14-2059

As predicted, the 7th Circuit Court of Appeals panel has struck down the Wisconsin and Indiana bans on same-sex marriage. by Ann Althouse, Madison

Labor & Employment Law

Aggressive Conduct Toward Subordinate Places Sheriff in Jeopardy of Civil Suit Under Wisconsin Law, by Russell W. Wilson, The Blue Ink, Ruder Ware L.L.S.C., Wausau

Procedure & Checklist for Missing Participants in Terminated DC Plan, by Charlene Kelly, Chicago, and Alyssa Dowse, Milwaukee, Quarles & Brady LLP

Two Important Lessons about the FMLA That Employers Need to Know, Reinhart Boerner Van Deuren s.c., Milwaukee, on Gienapp v. Harbor Crest (7th Cir., No. No. 14-1053)

Payroll Deductions and Union Dues: Can Government Employers Still Encourage Employees to Support the United Way? by Kyle J. Gulya, Madison, and James R. Korom, Milwaukee, von Briesen & Roper s.c.

English-Only Policies Under Scrutiny, by Dean R. Dietrich, The Blue Ink, Ruder Ware L.L.S.C., Wausau

Litigation

Supreme Court Oral Argument: Julie A. Augsburger v. Homestead Mutual Insurance Company, Wisconsin Eye (via Wisconsin Defense Counsel)

Professional Responsibility & Legal Education

Campaign 2014: Susan Happ (D) Candidate for Attorney General, Steve Walters interview, Wisconsin Eye

Attorney general hopeful unveils plan to combat human trafficking, by Todd Richmond, Associated Press, Wisconsin Law Journal

A lesson from Red Lobster, LawBiz Coaches Corner column, by Ed Poll, Wisconsin Law Journal, (via Wisconsin Defense Counsel)

Wednesday, September 10, 2014

FS WI law & policy review - week of September 1st (part 3)

Recent news and comment on law and policy:

Administrative Law & Regulation

Legislative Council Steering Committee for Personal Property Tax, September 3rd meeting, Wisconsin Eye

Corporations, Securities & Antitrust

Can the City of Los Angeles “Take” the Clippers? by Anthony F. Della Pelle, McKirdy & Riskin PA, Morristown, New Jersey, Litigation News, American Bar Association

Criminal Law & Procedure

Why No “Good Time” in Wisconsin? by Michael M. O'Hear, Marquette University Law School Faculty Blog

Financial Services & E-Commerce

Credit Card Issuers Beware: CFPB Fires Warning Shot on Promotional APRs, by Timothy S. Crisp, The CFSL Bulletin, Foley & Lardner LLP, Madison

Free Speech & Election Law

At the elite level, the Supreme Court cogitates about the subtle psychological pressure to pray when a private chaplain performs an invocation at a government meeting., by Ann Althouse, Madison

Recent Case Clarifies NLRB Approach to Social Media Comments, by Matthew J. Feery, Gonzalez Saggio & Harlan LLP, Milwaukee

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

Litigation

Proposed Amendments Published for Public Comment, Preliminary Draft of Proposed Amendments to the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure, United States Courts (via Seventh Circuit Bar Association)

Professional Responsibility & Legal Education

The US Code gets a slight reorganization, by Kris Turner, WisBlawg

Tuesday, September 9, 2014

Supreme Court and Court of Appeals digests September 2014

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

FS WI law & policy review - week of September 1st (part 2)

Recent news and comment on law and policy:

Corporations, Securities & Antitrust

"Why Uber must be stopped/The touted start-up is proving to be the embodiment of unrestrained hyper-capitalism. What happens when it wins?" by Ann Althouse, Madison

Free Speech & Election Law

Ninth Circuit Upholds Professor’s First Amendment Claim in Demers v. Austin, by Arthur Willner, Gladstone Michel Weisberg Willner & Sloane in Los Angeles, Engage: The Journal of the Federalist Society Practice Groups

Labor & Employment Law

7th Cir. Upholds Indiana 'Right to Work' Law, by Mark Wilson, Seventh Circuit News and Information Blog

Employment Practices Newsletter - September 2014, Hinshaw & Culbertson LLP

Litigation

Post-Daubert: Testimony on Back Extrapolation of Alcohol Level Still Admissible, by Joe Forward, WisBar News, on State v. Giese, 2013AP2009-CR

Insurer's Duty to Defend Not Extinguished Following Payment of Maximum Potential Exposure, by Thomas J. Donnelly, Emile Banks & Associates LLC, Milwaukee, Wisconsin Defense Counsel, on Burgraff v. Menard, Inc., 2013AP907

Professional Responsibility & Legal Education

Campaign 2014: Thomas Nelson (LPW) Candidate for Attorney General, Steve Walters interview, Wisconsin Eye

Lawyer Discipline, Wisconsin Lawyer

Professor Papke’s Book on Pullman Case Cited in Huffington Post, by Lisa A. Mazzie, Marquette University Law School Faculty Blog

Monday, September 8, 2014

Hamilton Political Tidbits - September 5, 2014

From Hamilton Consulting Group, Madison

FS WI law & policy review - week of September 1st (part 1)

Recent news and comment on law and policy:

Civil Rights

Examining Students’ Rights, by A. Steven Porter, Madison, Wisconsin Lawyer

Corporations, Securities & Antitrust

Nonprofit Management Faces Liability Risks, by John Trefry, Risk Management

Federalism & Separation of Powers

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

The Application of the Disqualification Clause to Congress: A Response to Benjamin Cassady, 'You've Got Your Crook, I've Got Mine': Why the Disqualification Clause Doesn't (Always) Disqualify, by Brian C. Kalt, Michigan State University College of Law, Quinnipiac Law Review, Forthcoming (via Seth Tillman)

Intellectual Property

DMCA: Professional Sports Leagues' Answer to Protecting Their Broadcasting Rights Against Illegal Streaming, comment by Stephanie N. Horner, Marquette Sports Law Review

Litigation

Advance eSheet August 25-29, 2014, Wisconsin Defense Counsel

Professional Responsibility & Legal Education

Little Clients, Big Effect, by Michael C. Lueder, Foley & Lardner LLP, Milwaukee, Wisconsin Lawyer

Learning by Doing: Adding a Clinical Component to a Traditional Family Law Course, by Cynthia Grant Bowman, Wisconsin Journal of Law, Gender & Society

Looking Back to Move Forward

Your State Bar President's Message, by Robert R. Gagan, in Wisconsin Lawyer, September 2014.
"I have attempted to be guided by both knowledge and context in establishing four goals for my one-year term as your State Bar president. In this introductory column, I briefly outline each of these goals."

Sunday, September 7, 2014

Wisconsin Legislative Spotlight, The Week of September 8, 2014

Posted by the Legislative Reference Bureau

Capitol Roundtable: Elections Preview

At Wisconsin Eye,
"On September 5, 2014, Senior Producer Steve Walters hosted a Capitol Roundtable show to preview the elections with JR Ross of Wispolitics.com, Jason Stein of the Milwaukee Journal Sentinel, Mary Spicuzza of the Wisconsin State Journal, Scott Bauer of the Associated Press, and Bob Hague of Wisconsin Radio Network."

Wisconsin appellate court week Sept 8-12, 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 9th, 10th, 12th and 23rd, see Synopses, and October 1st, 2nd and 7th. (a link to live streaming audio of oral arguments is available; Wisconsin Eye has tentatively scheduled video coverage).

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 18th.

Friday, September 5, 2014

FS WI law & policy review - week of August 25th (part 4)

Recent news and comment on law and policy:

Administrative Law & Regulation

Navigators/Nonnavigator Assisters/Certified Application Counselors FAQs, Wisconsin Office of the Commissioner of Insurance

Corporations, Securities & Antitrust

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

Building or Buying a Biofuel Plant? Think PSM, by Charles B. Palmer, Michael Best & Friedrich LLP, Waukesha, Ethanol Producer Magazine

Criminal Law & Procedure

Deeply Divided Court Rules in Warrantless Cell Phone Tracking Case, by Joe Forward, WisBar News, on State v. Subdiaz-Osorio, 2014 WI 87 (2010AP3016-CR)

Lengthy imposed and stayed sentence wasn’t unduly harsh or excessive, On Point, Wisconsin State Public Defender, on State v. McKenzie, 2014AP314-CR

Arresting officer provided accurate information regarding implied consent law, On Point, Wisconsin State Public Defender, on State v. Godard, 2014AP396-CR

Financial Services & E-Commerce

From a Scream to a Whisper: The Supreme Court Does Little to Fix Its Bankruptcy Court Mess, Jonathan C. Lipson, the Harold E. Kohn Professor of Law at Temple University, Beasley School of Law, WLR Online, on Executive Benefits Insurance Agency v. Arkison, U.S., No. 12–1200.

Labor & Employment Law

Friend Me or You’re Fired: An Overview of Wisconsin’s New Internet Privacy Protection Statute, by Sara C. Mills, Crivello Carlson S.C., Milwaukee, WDC Journal

Lazy Days of Summer are Gone – EEOC Files Lawsuits, by Dean R. Dietrich, The Blue Ink, Ruder Ware L.L.S.C., Wausau (via Wisconsin Defense Counsel)

Litigation

Wisconsin Supreme Court Decides Injured Worker Can Be Forced to Accept Settlement from Third Party Who Caused His Injuries, by Aaron Halstead, Hawks Quindel S.C., on Adams v. Northland Equipment Company, Inc., 2014 WI 79 (2012AP580) (via Wisconsin Defense Counsel)

Professional Responsibility & Legal Education

The Business Side of Law Practice: Advice on Taxes, Technology, and Checking Your Firm’s Vital Signs, by Joe Forward, Inside Track

Religious Liberties

"If the hate-crimes law is used to punish intra-religious crimes, it could change from a shield to protect minorities into a weapon against them.", by Ann Althouse, Madison

Thursday, September 4, 2014

FS WI law & policy review - week of August 25th (part 3)

Recent news and comment on law and policy:

Administrative Law & Regulation

Final Decision, on Petition of Brett Healy for Declaratory Ruling to Determine Allocation of Costs for Relocation of Utility Structures for Milwaukee Streetcar Project, Public Service Commission, 5-DR-109

Statewide Property Values End Five-Year Decline, But Trends Vary by County: Total Equalized Values up 2.6%; Still Almost 7% Below 2008 Levels, Wisconsin Taxpayers Alliance

Corporations, Securities & Antitrust

The Fourth Circuit Weighs in on Third-Party Releases in Plans of Reorganization, by Peter C. Blain, Reinhart Boerner Van Deuren s.c., Milwaukee

Seven keys to construction law, by Beverly Butula, manager of library of services, Davis & Kuelthau S.C., Milwaukee, Wisconsin Law Journal

Criminal Law & Procedure

Appeals Court Says Motor Bicycle was Subject to Drunk Driving Laws, by Joe Forward, WisBar News, on State v. Koeppen, 2013AP2539-CR

A “motor bicycle” is a “motor vehicle” for purposes of § 346.63(1), On Point, Wisconsin State Public Defender, on State v. Koeppen, 2013AP2539-CR

Environmental Law & Property Rights

Evictions Soar in Hot Market; Renters Suffer, by Shaila Dewanaug, The New York Times (via University of Wisconsin Law School)

Federalism & Separation of Powers

An Originalist Future, by John O. McGinnis, George C. Dix Professor in Constitutional Law, Northwestern University School of Law, and Michael B. Rappaport, Darling Foundation Professor of Law, University of San Diego School of Law, Engage: The Journal of the Federalist Society Practice Groups

Consumer Credit and the American Economy, with Todd J. Zywicki, Foundation Professor of Law, George Mason University School of Law, Practice Group Podcast, Federalist Society

Free Speech & Election Law

Court orders release of documents in secret probe, by Associated Press, Wisconsin Law Journal

"The Weirdest Story About a Conservative Obsession, a Convicted Bomber, and Taylor Swift You Have Ever Read." by Ann Atlhouse, Madison

Labor & Employment Law

The Year of Living Dangerously – Government Contractors in the Year of (Executive) Action, by Jill Pedigo Hall, Gonzalez Saggio & Harlan LLP, Milwaukee

US Supreme Court Review: Two Employee Benefit Cases (Dudenhoeffer and Hobby Lobby), by Paul M. Secunda, Marquette University Law School Faculty Blog

Litigation

McBride on Tort & Human Flourishing, by Christopher J. Robinette, TortsProf Blog (via Wisconsin Defense Counsel)

Professional Responsibility & Legal Education

Wisconsin Journal of Law, Gender & Society announces new members, Latest News and Media, University of Wisconsin Law School

Douglas Berman joins UW Law School as assistant dean for graduate programs, Latest News and Media, University of Wisconsin Law School

Wednesday, September 3, 2014

FS WI law & policy review - week of August 25th (part 2)

Recent news and comment on law and policy:

Civil Rights

Bullying: Fighting Back by William L. Brown, Kasieta Legal Group LLC, Madison, Wisconsin Lawyer

Criminal Law & Procedure

Supreme Court: Defendants Did Not Clearly Invoke the Right to Remain Silent, by Joe Forward, WisBar News, on State v. Cummings, 2014 WI 88 (2011AP1653-CR & 2012AP520-CR)

Retrograde extrapolation of blood alcohol concentration survives Daubert challenge, On Point, Wisconsin State Public Defender, on State v. Giese, 2013AP2009-CR

Sheboygan Wal-Mart shooter loses appeal, by Associated Press, Wisconsin Law Journal, on State v. Yang, 2013AP1976-CR

Federalism & Separation of Powers

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

Oral Argument Recording, Wolf v. Walker, 7th Cir., No. 12-2526

"While lawyers for Wisconsin and Indiana attempted to defend their state’s marriage bans, Posner issued a series of withering bench slaps...", by Ann Althouse, Madison

You've Got to Feel Bad for Attorneys Arguing the SSM Cases, by William Peacock, Seventh Circuit News and Information Blog, on Wolf v. Walker, 7th Cir., 12-2526

Under Indictment: Governor Rick Perry, with John S. Baker, Jr., Visiting Professor, Georgetown University Law Center and Professor Emeritus, LSU Law School, Practice Group Podcast, Federalist Society

Free Speech & Election Law

More Problems Plague The Legal Theories of the John Doe Prosecutors, by Rick Esenberg, Right Wisconsin

Intellectual Property

7th Cir. Confirms Protections for Sealing Parties' Confidential Documents, by Eric J. Hatchell , Wisconsin Appellate Law, Foley & Lardner LLP, Madison, on City of Greenville, Illinois v. Syngenta Crop Protection, LLC, No. 13-1626

Labor & Employment Law

Two Important Deadlines Approaching for Self-Insured Group Health Plans, by Casey K. Fleming and Leigh C. Riley, Foley & Lardner LLP, Milwaukee

Protecting Your Workplace May Be Getting Easier, by Kevin J.T. Terry, The Blue Ink, Ruder Ware L.L.S.C., Wausau (via Wisconsin Defense Counsel)

Lawsuits don’t discriminate among discriminators, LawBiz Coaches Corner column by Ed Poll, Wisconsin Law Journal

US Supreme Court Review: Two Labor Law Cases (Noel Canning and Harris v. Quinn), by Paul M. Secunda, Marquette University Law School Faculty Blog

Litigation

Two by Solomon on Juries, by Christopher J. Robinette, TortsProf Blog (via Wisconsin Defense Counsel)

Negotiating the Recline Function on your Airline Seat, by Andrea Schneider, ADR Prof Blog

How much would I have to pay an economist to get him to stop annoying me by talking like an economist? by Ann Althouse, Madison

Professional Responsibility & Legal Education

State Bar Seeks Officer Candidates for 2015, Inside Track

Campaign 2014: Brad Schimel (R) Candidate for Attorney General, Steve Walters interview, Wisconsin Eye

Tuesday, September 2, 2014

FS WI law & policy review - week of August 25th (part 1)

Recent news and comment on law and policy:

Administrative Law & Regulation

Recent HIPAA breaches highlight need for providers to remain vigilant, by Douglas M. Poland and Thomas N. Shorter, Madison, and Scott J. Thill, Green Bay, Godfrey & Kahn S.C.

Wisconsin Administrative Register No. 704 [part b]; Published by the Legislative Reference Bureau; Effective Date: September 1, 2014

Corporations, Securities & Antitrust

Bias in the College Football Playoff Selection Process: If the Devil is in the Details, That's Where Salvation May Be Found, article by M. Mark Heekin and Bruce W. Burton Marquette Sports Law Review

Criminal Law & Procedure

Counsel’s failure to object to expert testimony and hearsay during TPR trial wasn’t ineffective, On Point, Wisconsin State Public Defender, on State v. Johnnie J., 2014AP144 & 2014AP145

Counsel wasn’t ineffective for failing to impeach witness with testimony from previous trial, On Point, Wisconsin State Public Defender, on State v. Gant, 2013AP1842-CR

Minor may consent to recording of conversation under § 968.31′s one-party consent rule, On Point, Wisconsin State Public Defender, on State v. Turner, 2013AP2101-CR

Police had sufficient basis to request PBT, On Point, Wisconsin State Public Defender, on State v. Carini, 2014AP526-CR

Environmental Law & Property Rights

“Undue Stimulus” and the Requirements for an Arm’s-Length Sale, by Amie B. Trupke, Stafford Rosenbaum LLP, Madison

Federalism & Separation of Powers

Obama's Enforcer: Eric Holder's Justice Department, with John Fund, National Affairs Columnist, National Review and Fox News Analyst, and Hans A. von Spakovsky, Senior Legal Fellow / Manager, Civil Justice Reform Initiative, The Heritage Foundation, Las Vegas Lawyers Chapter Event Audio/Video, Federalist Society

Financial Services & E-Commerce

Debt Collections in Wisconsin, Moen Sheehan Meyer Ltd, La Crosse

Free Speech & Election Law

7th Cir. Accidentally Releases Gov. Walker Campaign Probe Documents, by William Peacock, Seventh Circuit News and Information Blog

US attorney backs gay couples in marriage case, by Associated Press, Wisconsin Law Journal

Labor & Employment Law

The "Equal Pay Report" - Yet Another New Regulation Requiring Compliance by Federal Contractors, by Daniel A. Kaplan, Foley & Lardner LLP, Madison

Update: Watch Out for NLRB Activism, by Dean R. Dietrich, The Blue Ink, Ruder Ware L.L.S.C., Wausau

Litigation

Advance eSheet August 18-22, 2014, Wisconsin Defense Counsel

The Facade of a Best Interest Standard: Moving Past the Presumption to Ensure Decisions are Made for the Right Reasons, by Jason J. Reed, University of Wisconsin Law School, Wisconsin Journal of Law, Gender & Society

Professional Responsibility & Legal Education

Campaign 2014: Rotary Club of Milwaukee Luncheon with District Attorney Candidate Susan Happ, Wisconsin Eye

Wisconsin Innovation Awards honor 10 winners, by Kathleen Gallagher, Milwaukee Journal Sentinel (via Marquette University Law School)

Wisconsin Lawyer Magazine Targets Bullying in Upcoming Children and the Law Issue, by Andrea Gage, public relations coordinator, State Bar of Wisconsin, Rotunda Report

Find an archive of legislative videos, by Beverly Butula, manager of library of services, Davis & Kuelthau S.C., Milwaukee, Wisconsin Law Journal

Religious Liberties

"Health insurance companies in California may not refuse to cover the cost of abortions...", by Ann Althouse, Madison

Sunday, August 31, 2014

Wisconsin appellate court week Sept 2-5, 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 oral argument scheduled for September 18th.

Friday, August 29, 2014

Rewind: Your Week in Review for 8.29.14

At Wisconsin Eye,
"Steve Walters and JR Ross rewind the week of politics that was from August 25-29."

FS WI law & policy review - week of August 18th (part 5)

Recent news and comment on law and policy:

Administrative Law & Regulation

HIPAA Compliance Is More Important Than Ever for Business Associates of Health Care Entities, by Melita Mullen, Corneille Law Group LLC, Madison

Corporations, Securities & Antitrust

Market for investment in water technologies, by Geoffrey R. Morgan, Michael Best & Friedrich LLP, Milwaukee, American Water Works Association Journal

Environmental Law & Property Rights

Utility Air Regulatory Group v. Environmental Protection Agency, Post-Decision SCOTUScast, featuring Robert Gasaway, Partner, Kirkland & Ellis LLP

Federalism & Separation of Powers

The Rick Perry Indictment Is Beyond Laughable, by Rick Esenberg, Right Wisconsin, Milwaukee

Introducing “Article V 2.0”: The Compact for a Balanced Budget, by Nick Dranias, Director, Center for Constitutional Government, Goldwater Institute, Engage: The Journal of the Federalist Society Practice Groups

Intellectual Property

The Pre-Internet Downloading Controversy: The Evolution of Use Rights for Digital Intellectual and Cultural Works, by Kristin R. Eschenfelder, University of Wisconsin - Madison, Anuj C. Desai, University of Wisconsin Law School, and Greg Downey, University of Wisconsin - Madison - School of Journalism & Mass Communication, The Information Society 27: 69-91 (2011), Univ. of Wisconsin Legal Studies Research Paper No. 1277, Social Science Research Network

Labor & Employment Law

Duty to Accommodate Pre-Existing Conditions of an Employee? by Dean R. Dietrich, The Blue Ink, Ruder Ware L.L.S.C.. Wausau

Litigation

Abraham & White on Prosser, by Christopher J. Robinette, TortsProf Blog

Professional Responsibility & Legal Education

Ethics Expert: Resolving Ethical Dilemmas is a Practiced Skill, by Joe Forward, WisBar News

64th Annual Meeting of the 7th Circuit Bar Association and the Judicial Conference of the Seventh Circuit, May 3-5, 2014, Milwaukee

Thursday, August 28, 2014

FS WI law & policy review - week of August 18th (part 4)

Recent news and comment on law and policy:

Corporations, Securities & Antitrust

Small Business Succession Planning, by Brennan T. Haworth, Menn Law Firm Ltd., Seymour

Criminal Law & Procedure

12 Revised Juvenile Court Forms, Effective Aug. 1, Inside Track, Aug. 20, 2014

Financial Services & E-Commerce

7th Cir. Leaves Distressed-Asset Investor With No Remedy, or Exactly What it Bargained for, by Eric G. Pearson, Wisconsin Appellate Law, Foley & Lardner LLP, Milwaukee, on Southern Financial Group, LLC v. McFarland State Bank, No. 13-3378

International & National Security Law

Sources of State Practice in International Law: India, by Sunil T. Rao, University of Wisconsin, Sources of State Practice in International Law, Ralph Gaebler, ed., Brill, pp. 262-267, 2014, Univ. of Wisconsin Legal Studies Research Paper No. 1278, Social Science Research Network

Labor & Employment Law

Reliance on the “Mailbox Rule” Is Not Enough for Employer To Show It Sent Its Employee FMLA Notice, by Bethany C. McCurdy, Gonzalez Saggio & Harlan LLP, Milwaukee

Litigation

Presumption of Public Access to Documents Filed with a Court Limited by the Seventh Circuit, by Steve Puiszis, DRI Blog, on City of Greenville, Illinois, v. Syngenta Crop Protection LLC, No. 13-1626

Managing the Defense’s Access to Your Client’s Medical Records, by Elaine Jensen, Axley Brynelson LLP, Madison

Rare Supreme Court Reversal for Error Correction, by Joseph Callanan, Litigation News, on Tolan v. Cotton (U.S., No. 13–551)

Professional Responsibility & Legal Education

Building the Virtual Courthouse: Ethical Considerations for Design, Implementation, and Regulation in the World of ODR, by Scott J. Shackelford & Anjanette H. Raymond, Wisconsin Law Review

Learning the “Old-Fashioned Way”: Study Says Taking Notes by Hand Better for Recall, by Lisa A. Mazzie, Marquette University Law School Faculty Blog

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