Thursday, July 31, 2014

Tillman on Ireland's intermediate appellate court and procedural reform

Seth Barrett Tillman says Ireland's proposed Court of Appeal just a new version of Supreme Court – only more costly in this op-ed in The Irish Times.

Wisconsin Federalinks Thurs July 31st 2014

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

Recent news and comment on law and policy:

Administrative Law & Regulation

July 24, 2014 meeting, Legislative Council Study Committee on WTCS Funding and Governance, Wisconsin Eye video

Civil Rights

Linda Greenhouse predicts that the Supreme Court won't take the University of Texas Fisher case back..., by Ann Althouse, Madison

Criminal Law & Procedure

SCOW toughens standards for 974.06 postconviction motions and 971.08(2) plea withdrawal motions, On Point, Wisconsin State Public Defender, on State v. Romero-Georgana, 2014 WI 83 (2012AP55)

State Supreme Court rules against convicted conspirator, by Associated Press, Wisconsin Law Journal, on State v. Cummings, 2014 WI 88 (2011AP1653-CR)

State Supreme Court backs police in cellphone tracking, by Bruce Vielmetti, Milwaukee Journal Sentinel, and
SCOW unable to agree on whether cell phone tracking is a search, On Point, Wisconsin State Public Defender,
on State v. Subdiaz-Osorio, 2014 WI 87 (2010AP3016-CR) and State v. Tate, 2014 WI 89 (2012AP336-CR)

SCOW: “Never retreat, never retract ... never admit a mistake”, On Point, Wisconsin State Public Defender, on State v. Starks, 2013 WI 69 (2010AP425)

Two-Thirds of Wisconsinites Support More Flexibility for Prisoner Releases, by Michael M. O'Hear, Marquette University Law School Faculty Blog

Federalism & Separation of Powers

What's Next For Senator Johnson's Obamacare Lawsuit? by Rick Esenberg, Milwaukee, Right Wisconsin

En Banc Opposed in Gay Marriage Appeals; States Playing Odds? by William Peacock, Seventh Circuit News and Information Blog

Briefs piling up in gay marriage rulings appeals, by Associated Press, Wisconsin Law Journal

"It is not a coincidence... that judges appointed by Republican and Democratic presidents have divided along party lines in these cases." by Ann Althouse, Madison

Free Speech & Election Law

Court says GAB can't intervene in John Doe case, by Patrick Marley, Milwaukee Journal Sentinel

Court says elections board can’t intervene in John Doe investigation, by Associated Press, Wisconsin Law Journal

Intellectual Property

Patent Markets: An Opportunity for Technology Diffusion and FRAND Licensing? article by Stephanie Chuffart-Finsterwald, Marquette Intellectual Property Law Review

International & National Security Law

Labor & Employment Law

Campaign to Raise Minimum Wage Scores Three More Significant Victories, by Robert W. Mulcahy and Carlos R. Pastrana, Milwaukee, and Brian P. Paul, Chicago, Michael Best & Friedrich LLP

Don’t Let Your Company’s Smoke-Free Policy Go Up In Vapor, by Aaron J Graf, Gonzalez Saggio & Harlan LLP, Milwaukee

Litigation

Wisconsin Supreme Court Finds Coverage for Injuries to Named Insured by Permissive User, by Thomas J. Donnelly, Emile Banks & Associates LLC, Milwaukee, Wisconsin Defense Counsel

U.S. appeals court reinstates Wisconsin lead paint suit, by Bruce Vielmetti, Milwaukee Journal Sentinel, on Gibson v. American Cyanamid Co., (7th Cir., 10-3814)

Professional Responsibility & Legal Education

Business Principles for Your Law Practice, Your State Bar column by George C. Brown, Executive Director, State Bar of Wisconsin, Wisconsin Lawyer

Religious Liberties

State to stop enforcing birth control law, by Associated Press, Wisconsin Law Journal

Wednesday, July 30, 2014

Wisconsin Federalinks Wed July 30th 2014

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

Recent news and comment on law and policy:

Administrative Law & Regulation

Legislative Council Study Committee on SAGE Programs Wisconsin Eye video

Criminal Law & Procedure

SCOW “elaborates” and alters test for getting in camera review of confidential informant, On Point, Wisconsin State Public Defender, on State v. Nellessen, 2014 WI 84 (2012AP150-CR)

SCOW: Court’s failure to specify crime for which probable cause found didn’t invalidate bindover of juvenile charged in adult court, On Point, Wisconsin State Public Defender, on State v. Toliver, 2014 WI 85 (2012AP393-CR)

Court holds “independent” sources of information save investigation that also relied on statement compelled by probation agent, On Point, Wisconsin State Public Defender, on State v. Seiler, 2013AP1911-CR

Sentencing the Green-Collar Offender: Punishment, Culpability, and Environmental Crime, by Michael M. O'Hear, Marquette University - Law School; Independent; Journal of Criminal Law and Criminology, Vol. 95, No. 1, 2004, Marquette Law School Legal Studies Paper No. 14-23

Federalism & Separation of Powers

Van Hollen: Gay marriage isn’t a fundamental right, by M. L. Johnson, Associated Press, Wisconsin Law Journal

Circuit Split Creates Uncertainty Over Affordable Care Act Subsidies, by Charles P. Stevens and Kirk A. Pelikan, Michael Best & Friedrich LLP, Milwaukee

Rule of Law, Separation of Powers at Stake in Obamacare Lawsuits, by Rick Esenberg, Milwaukee, Right Wisconsin

Free Speech & Election Law

Appeals court asks unnamed parties for information, by Associated Press, Wisconsin Law Journal

Labor & Employment Law

Rampant Sexual Misconduct in Indiana Prison Shows Pitfalls for Employers, by Ryan N. Parsons, Wisconsin Appellate Law, Foley & Lardner LLP, Madison

Litigation

Thinking of an IME Without a Fight? Think Again, by Jessica A. Swain, McCoy Leavitt Laskey LLC, Waukesha, WDC Journal

Professional Responsibility & Legal Education

You’re Not Too Small for Strategic Planning, by Roy S. Ginsburg, Wisconsin Lawyer

Gay marriage just the latest big issue before Judge Crabb, by Bill Glauber, Milwaukee Journal Sentinel (via University of Wisconsin Law School)

Tuesday, July 29, 2014

Supreme Court and Court of Appeals digests July 2014

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

Wisconsin Federalinks Tues July 29th 2014

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

Recent news and comment on law and policy:

Criminal Law & Procedure

SCOW: Violation of right to public trial is forfeited if defendant doesn’t object, On Point, Wisconsin State Public Defender, on State v. Pinno and State v. Seaton, 2014 WI 74 (2011AP2424-CR and 2012AP918-CR)

Wisconsin Supreme Court reverses rape ruling, by Associated Press, Wisconsin Law Journal, and
SCOW: Circuit court properly excluded evidence of prior sexual activity under rape shield law, On Point, Wisconsin State Public Defender,
on State v. Sarfraz, 2014 WI 78 (2012AP337-CR)

Court of appeals holds evidence supports instructions and conviction on lesser-included offense of 1st-degree reckless homicide, On Point, Wisconsin State Public Defender, on State v. Patterson, 2013AP749-CR

Counsel wasn’t ineffective for following client’s decision to proceed to trial instead of seeking adjournment, On Point, Wisconsin State Public Defender, on State v. James, 2013AP2409-CR

Legislative Council Study Meeting on Problem-Solving Courts, Alternatives and Diversions, Wisconsin Eye video

Remorse, Cooperation, and 'Acceptance of Responsibility': The Structure, Implementation, and Reform of Section 3E1.1 of the Federal Sentencing Guidelines, by Michael M. O'Hear, Marquette University - Law School; Independent; Northwestern University Law Review, Vol. 91, No. 4, 1997, Marquette Law School Legal Studies Paper No. 14-24

Federalism & Separation of Powers

A big defeat for Obamacare in the D.C. Court of Appeals, and
The other Obamacare lawsuit: "A federal judge threw out a lawsuit Monday brought by U.S. Sen. Ron Johnson..., by Ann Althouse, Madison

Tejani on Torts & Federalism, by Christopher J. Robinette, TortsProf Blog

Labor & Employment Law

Proposed Amendment to FMLA Regulations Extends Rights to Legally Married Same Sex Couples, Regardless of State of Residence, Reinhart Boerner Van Deuren s.c., Milwaukee

Wisconsin Employers Should Monitor State Minimum Wage Debate, by J. Wesley Webendorfer, DeWitt Ross & Stevens S.C., Madison

Litigation

7th Circuit: ‘Common Damage’ Not Required for Class Certification, by Gerald Maatman Jr. and Jennifer Riley, Seyfarth Shaw LLP, Chicago, Risk Monitor

Comments on 'The Implications of Rule 26(g) on the Use of Technology-Assisted Review, by Maura R. Grossman and Gordon V. Cormack, Federal Courts Law Review

Professional Responsibility & Legal Education

Law Firm Boot Camp: Hanging Out Your Own Shingle, by Thomas J. Watson, Wisconsin Lawyers Mutual Insurance Co., Madison, Wisconsin Lawyer

Sue, and lose a client, LawBiz Coaches Corner column by Ed Poll, Wisconsin Law Journal

UW law student Lola Bovell wins Ms. JD fellowship, University of Wisconsin Law School

Wisconsin Defense Counsel Summer Conference, July 31st-August 1st, La Crosse

Monday, July 28, 2014

Court Rejects State Bar Bylaw Amendment

A letter to the editor from Steve Levine, Madison, is among those in the latest issue of Wisconsin Lawyer,
"the Board of Governors adopted a bylaw allowing it to remove one of its own members from office for 'conduct contrary the best interest of the State Bar.' An amendment offered by me to protect a Board member’s First Amendment rights of advocacy, association, and speech was soundly rejected on a 34-3 vote.
[...]
"Fortunately, the Wisconsin Supreme Court rejected the bylaw on a 7-0 vote. ..."
with a response from Bob Gagan, President of the State Bar of Wisconsin.

The order on removal of Officers and the Board of Governors, 2014 WI 52 (13-07 and 13-13) may be found here.

Wisconsin Federalinks Mon July 28th 2014

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

Recent news and comment on law and policy:

Administrative Law & Regulation

Decision and Order, Thomas v. Wisconsin Department of Revenue, Wisconsin Tax Appeals Commission, 13-I-2014

Civil Rights

Securing Equal Access to Sex-Segregated Facilities for Transgender Students Title IX’s Protections for Transgender Student Athletes, by Harper Jean Tobin and Jennifer Levi, Wisconsin Journal of Law, Gender & Society

“White Privilege” Conference In Madison, by John McAdams, Marquette Warrior

Criminal Law & Procedure

SCOW: Officer’s rapping on driver’s window wasn’t a seizure, On Point, Wisconsin State Public Defender, on County of Grant v. Vogt, 2014 WI 76 (2012AP1812)

Was the pronouncement of sentence ambiguous? Or was the sentence illegal? On Point, Wisconsin State Public Defender, on State v. Meier, 2013AP2863-CR

Trial court didn’t err in answering a question on special verdict form in TPR case, On Point, Wisconsin State Public Defender, on State v. Queentesta H., 2014AP761

Large Number Of Prisoners Allege Abuse At Waupun Prison, by Gilman Halsted, Wisconsin Public Radio (via University of Wisconsin Law School)

Recent Changes to Wisconsin Laws on Driving Under the Influence, Moen Sheehan Meyer Ltd., La Crosse

Federalism & Separation of Powers

Seth Barrett Tillman Comments (Harshly) on Jack Balkin, by Michael Ramsey, The Originalism Blog

Federal Court Dismisses Senator Johnson ACA Suit, by Tom Kamenick, Wisconsin Institute for Law and Liberty, Milwaukee

Financial Services & E-Commerce

Inherited IRAs Ruled Not Exempt in Bankruptcy, Reinhart Boerner Van Deuren s.c., Milwaukee

Free Speech & Election Law

Term-Limit Proposal Attacks the Wrong Problem, letter from Daniel D. Hannula, Hannula & Halom S.C., Superior, with response from the Judicial Election Steering Committee members, Wisconsin Lawyer

Intellectual Property

New Guidance From the Federal Circuit on Motions to Stay Litigation Pending a PTAB Proceeding, by Kevin M. Littman, Boston, and Rebecca J. Pirozzolo-Mellowes, Milwaukee, IP Litigation Current, Foley & Lardner LLP

Stressed are the cheesemakers: Europeans want their food names back. Americans are peeved, The Economist

Labor & Employment Law

No Cake for You: How Denying Fringe Benefits to Employees Can Translate Into an Unfair Labor Practice, by Warren E. Buliox, Gonzalez Saggio & Harlan LLP, Milwaukee

Litigation

Advance eSheet July 14-18, 2014, Wisconsin Defense Counsel

Professional Responsibility & Legal Education

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

What Makes Lawyers Happy? by Dianne Molvig, Wisconsin Lawyer

Sunday, July 27, 2014

Wisconsin appellate court week July 28-August 1, 2014

Racine County Circuit Court judge appointed to Committee of Chief Judges; Milwaukee County Circuit Court judge selected to head committee, Wisconsin Court System

Wisconsin Supreme Court next petitions conference August 1, 2014, On Point, Wisconsin State Public Defender

Director of state courts takes on new career challenge, Wisconsin Court System

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

as they are posted.

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

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

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

The Court of Appeals has no oral argument scheduled. But it did have oral argument scheduled for July 22, 2014 according to the updated schedule posted that day.

Friday, July 25, 2014

Wisconsin Federalinks Fri July 25th 2014

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

Recent news and comment on law and policy:

Civil Rights

The University of Wisconsin-Madison's "'Diversity' Plan Involves Grading By Race And Ethnicity"... really? by Ann Althouse, Madison

Corporations, Securities & Antitrust

Impending Deadline for Participation in SEC MCDC Program, Quarles & Brady LLP, Milwaukee

Raising Money? Don’t Forget About the Tax Credits, by Nic Herdrich, Emerging Company Exchange, Foley & Lardner LLP

Criminal Law & Procedure

State high court approves police window knock, by Scott Bauer, Associated Press, Wisconsin Law Journal, on County of Grant v. Vogt, 2014 WI 76 (2012AP001812)

Rule prohibiting collateral attacks on prior judicial orders applies to administrative orders, On Point, Wisconsin State Public Defender, on State v. Hershberger, 2013AP1502-CR

New trial in the interest of justice required because false testimony clouded the crucial issue of credibility, On Point, Wisconsin State Public Defender, on State v. Bolstad, 2013AP2139

Mother did not establish fair and just reason to withdraw consent to TPR, On Point, Wisconsin State Public Defender, on Green County DHS v. Ericka L.R., 2014AP1106

OWI law change poses problem for prosecutors, by Associated Press, Wisconsin Law Journal, on 2013 Wisconsin Act 224

Free Speech & Election Law

John Doe probe perceptions vs. reality, by Bill Lueders, Wisconsin Center for Investigative Journalism, Wisconsin Law Journal

Professional Responsibility & Legal Education

Nominate a Solo/Small Firm Lawyer for the John Lederer Service Award – Deadline Aug. 15, Inside Track

Scan Globally, Reinvent Locally: Can We Overcome the Barriers to Using the Horizontal Learning Method in Law and Development? by David M. Trubek, University of Wisconsin Law School, and Hosei Ronshu, Nagoya University, Journal of Law and Politics, No. 258, 2014, Forthcoming, Univ. of Wisconsin Legal Studies Research Paper No. 1270, Social Science Research Network

Religious Liberties

Are Catholic Bishops Seeking a Religious Preference or Religious Freedom? by Ivan E. Bodensteiner, Valparaiso University, Marquette Law Review

Thursday, July 24, 2014

Wisconsin Federalinks Thur July 24th 2014

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

Recent news and comment on law and policy:

Administrative Law & Regulation

Wisconsin Releases Enrollment Numbers—Over 165,000 Wisconsinites Enrolled in Coverage, Wisconsin Officr of the Commissioner of Insurance

Criminal Law & Procedure

Supreme Court: Police Traffic Stop Based on Questionable Tail Light was Illegal, by Joe Forward, WisBar News, and
SCOW: Stop and search of car based on officer’s misunderstanding of tail lamp statute violates 4th Amendment, On Point, Wisconsin State Public Defender,
on State v. Brown, 2014 WI 69 (2011AP2907-CR)

SCOW: Denial of defendant’s right to testify is subject to harmless error analysis, On Point, Wisconsin State Public Defender, on State v. Nelson, 2014 WI 70 (2012AP2140-CR)

Raw milk farmer loses appeal, by Scott Bauer, Associated Press, Wisconsin Law Journal, on State v. Hershberger, 2013AP1502-CR

Trial court properly extended Chapter 51 commitment; subject will pose danger to herself and others if commitment ends, On Point, Wisconsin State Public Defender, on Kenosha County v. Vermetrias W., 2014AP861-FT

Open discovery takes away element of surprise, by Eric Heisig, Court Gestures, Wisconsin Law Journal

Federalism & Separation of Powers

Same Sex Marriage, Asian Carp, Cold Beer and a Judge Posner Interview, by Gabriella Khorasanee, 7th Circuit News and Information Blog

Financial Services & E-Commerce

What Wisconsin Lenders Should Know About Construction Liens, by David I. Cisar, Anne E. Wal, Lauren A. Triebenbach, Christopher J. Schreiber, and Roy E. Wagner, von Briesen & Roper S.C., Milwaukee

Intellectual Property

Functional Signs and Decanters of Wine: How Trade Dress Protection Unconstitutionally Extends Expired Design Patent, comment by Tyler Jackson, Marquette Intellectual Property Law Review

Litigation

July 31st 2014 Meeting, Legislative Council Study Committee on Transfer of Structured Settlement Payments

Misleading Discovery Response Results in New Trial, by Natasha Saggar Sheth, Litigation News

Professional Responsibility & Legal Education

Welcome to the Summer Youth Institute, by Melissa L. Greipp, Marquette University Law School Faculty Blog

Budget Tight? Apply for a Scholarship to the October Wisconsin Solo & Small Firm Conference, Deadline is Sept. 12, Inside Track

Know when to ask for help with OLR complaints, On Ethics column by Nate Cade, Wisconsin Law Journal

Status of lawyer disciplinary matters - Pending disciplinary complaints, Office of Lawyer Regulation

Professor Emeritus James E. Jones inducted into Lincoln University Hall of Fame, University of Wisconsin Law School News

Wednesday, July 23, 2014

Wisconsin Federalinks Wed July 23rd 2014

Milwaukee Chapter events: Today summer reception; August 19th F.H. Buckley;

Recent news and comment on law and policy:

Administrative Law & Regulation

July 23, 2014 Meeting, Legislative Council Steering Committee for Personal Property Tax

Criminal Law & Procedure

SCOW: Trial court’s erroneous dismissal of NGI defense was harmless, On Point, Wisconsin State Public Defender, on State v. Magett, 2014 WI 67 (2010AP1639-CR)

Court: UW protester’s injunction must be refined, by Todd Richmond, Associated Press, Wisconsin Law Journal, on Board of Regents - UW System v. Decker, 2014 WI 68 (2011AP2902)

Offender commitment can proceed without conviction, by Associated Press, Wisconsin Law Journal, on State v. Spaeth, 2014 WI 71 (2012AP2170)

Totality of circumstances showed officer had reasonable suspicion to stop driver for OWI, On Point, Wisconsin State Public Defender, on State v. Rosendahl, 2014AP349-CR

Federalism & Separation of Powers

Court Fight Continues Over Ban on Gay Marriage in Wisconsin, Moen Sheehan Meyer Ltd., La Crosse

Financial Services & E-Commerce

CFPB Proposes Public Disclosure of Consumer Complaint Narratives, by Timothy S. Crisp, CFSL Bulletin, Foley & Lardner LLP, Madison

Free Speech & Election Law

Democrats ask Walker to drop gay marriage lawsuit, by Associated Press, Wisconsin Law Journal

Labor & Employment Law

Take Care to Avoid Reverse Discrimination Claims, by Thomas C. Pence, Labor & Employment Law Perspectives, Foley & Lardner LLP, Milwaukee

Litigation

The 3% Discount and Other Oddities, President’s Message by Arthur P. Simpson, Simpson & Deardorff S.C., Milwaukee, WDC Journal, Summer 2014

Professional Responsibility & Legal Education

The Business Plan: A Roadmap to Starting and Building a Law Practice, by Joe Forward, Inside Track

Telecommunications & Electronic Media

Bill ensures emails, photos won’t die with you, by Anne Flaherty, Associated Press, Wisconsin Law Journal

The Canadian Anti-Spam Law: What You Should Know, by Ariane C. Strombom, Whyte Hirschboeck Dudek S.C., Milwaukee

Tuesday, July 22, 2014

Wisconsin Federalinks Tue July 22nd 2014

Milwaukee Chapter events: July 23rd summer reception; August 19th F.H. Buckley;

Recent news and comment on law and policy:

Administrative Law & Regulation

Governor Lifts Moratorium on Historic Preservation Tax Credit, Hamilton Consulting Group, Madison

Corporations, Securities & Antitrust

How to Become a Director of the Year, by Steven R. Barth, Manufacturing Industry Advisor, Foley & Lardner LLP, Milwaukee

Criminal Law & Procedure

Court upholds warrantless search of briefcase, despite owner's question about warrant, by Bruce Vielmetti, Proof and Hearsay, Milwaukee Journal Sentinel, on State v. Wantland, 2014 WI 58 (2011AP3007-CR)

SCOW: Reversal of predicate sexually violent offense doesn’t require dismissal of pending ch. 980 petition, On Point, Wisconsin State Public Defender, on State v. Spaeth, 2014 WI 71 (2012AP2170)

Court upholds conviction for elderly slaying, by Associated Press, Wisconsin Law Journal, on State v. Roalson, 2013AP1693-CR

Appeal tossed in fire that killed 3 boys, by Associated Press, Wisconsin Law Journal, on State v. Wand, 2014AP933-CRNM

Counsel was ineffective for failing to properly advise defendant about deportation consequences of plea, On Point, Wisconsin State Public Defender, on State v. Shata, 2013AP1437-CR

Federalism & Separation of Powers

Seventh Circuit finds Indiana’s Marriage Solemnization Statute Unconstitutional, by Nathaniel Jordan, DRI Blog

Intellectual Property

More Changes in Delaware: Judge Stark Revises Patent Case Procedures, by Stephanie A. Quick, IP Litigation Current, Foley & Lardner LLP, Milwaukee

Limelight v. Akamai: Limiting Induced Infringement, by Michael A. Carrier, Rutgers School of Law, WLR Online, on Limelight Networks, Inc. v. Akamai Technologies, Inc., 134 S. Ct. 2111 (2014)

Labor & Employment Law

"It's Electric!" Recent Legislation Amplifies Licensure Requirements for Electricians and Provides Exemptions for Routine Maintenance Work, by Mark E. Schmidt, Roy E. Wagner and Louis E. Wahl, IV, von Briesen & Roper S.C., Milwaukee

NLRB Fallout From President's Unconstitutional Recess Appointments Continues, by Ryan N. Parsons, Labor & Employment Law Perspectives, Foley & Lardner LLP, Milwaukee

Telecommunications & Electronic Media

2014 Broadband Planning Symposium and PSC Broadband Grants, Hamilton Consulting Group, Madison

Monday, July 21, 2014

Wisconsin Federalinks Mon July 21st 2014

Sorry for the delay in publishing this issue. -ed.

Milwaukee Chapter events: July 23rd summer reception; August 19th F.H. Buckley;

Recent news and comment on law and policy:

Administrative Law & Regulation

WEDC Moratorium on Historic Preservation Tax Credit Program Partially Lifted, by Richard W. Donner, Milwaukee, and Joseph D. Shumow, Madison, Reinhart Boerner Van Deuren S.C.

Look to regulatory, not antitrust, solution for college sports, by Matthew Mitten, Marquette University, and Stephen Ross, Penn State University, Sports Business Daily (via Marquette Law School News)

Civil Rights

Protecting Transgender Students: Application of Title IX to Gender Identity or Expression and the Constitutional Right to Gender Autonomy, by Dr. Jillian T. Weiss, Professor of Law and Society, Ramapo College of New Jersey, Wisconsin Journal of Law, Gender & Society

Criminal Law & Procedure

Wisconsin Supreme Court Upholds Reversal of Murder Conviction, by Joe Forward, WisBar News, on State v. Myrick, 2014 WI 55 (2012AP2513-CR)

SCOW uses “harmless error” to dodge further anaylsis of statute barring use of PBT tests in OWI-related trials, On Point, Wisconsin State Public Defender, on State v. Rocha-Mayo, 2014 WI 57 (2011AP2548-CR)

SCOW: Penalty provisions covering OWI 7th and above require imposition of a bifurcated sentence, On Point, Wisconsin State Public Defender, on State v. Williams, 2014 WI 64 (2011AP2868-CR)

Environmental Law & Property Rights

Does the U.S. Supreme Court Decision Limiting EPA’s Greenhouse Gas Authority Reopen the Door to Federal Common Law Litigation? by Cynthia Stroman, DRI Blog

Federalism & Separation of Powers

Court to hear gay marriage arguments Aug. 13, by Associated Press, Wisconsin Law Journal

Indian Nations Law Update - July 2014, by Brian L. Pierson, Godfrey & Kahn S.C., Milwaukee

Financial Services & E-Commerce

The Volcker Rule – The Conformance Period is Approaching, by Michelle L. Dama and Joseph D. Brydges, Michael Best & Friedrich LLP, Madison

The Conundrum of Long-Term Care Insurance, by John Bannen, Quarles & Brady LLP, Milwaukee

New Wisconsin Trust Code Now in Effect, Melli Law S.C, Madison

Intellectual Property

Wisconsin Assembly Approves Patent Troll Bill, Boyle Frederickson S.C., Milwaukee

Labor & Employment Law

OSHA Is Knocking At My Door...What Do I Do? by Geoffrey S. Trotier, von Briesen & Roper S.C., Milwaukee

Litigation

Advance eSheet July 7-11, 2014, Wisconsin Defense Counsel

Professional Responsibility & Legal Education

Not so fast, SCOTUS, Wisconsin Law Journal, on SCOTUS Servo

Religious Liberties

More misinformation on Hobby Lobby, by Rick Esenberg, Shark and Shepherd, Milwaukee

Wisconsin appellate court week July 21-25, 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.

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

The Court of Appeals has no oral argument scheduled.

Executive Committee Takes Up Keller Dues Evaluation on Sept. 5

Inside Track reported,
"the State Bar Executive Committee will perform its annual Keller dues reduction evaluation for Fiscal Year 16 (July 2015 - June 2016). The Executive Committee announces the date of the meeting in case members may wish to attend."

Friday, July 18, 2014

Wisconsin Federalinks Fri July 18th

Milwaukee Chapter events: July 23rd summer reception; August 19th F.H. Buckley;

Recent news and comment on law and policy:

Administrative Law & Regulation

After The Freak-Out Over Facebook's Emotion Manipulation Study, What Happens Now? by Kashmir Hill, Forbes (via University of Wisconsin Law School)

Criminal Law & Procedure

Alleged evidentiary errors don’t require new TPR trial, On Point, Wisconsin State Public Defender, on Dane County DHS v. Mable K., 2014AP398 & 2014AP399

Environmental Law & Property Rights

As rail moves frac sand across Wisconsin landscape, new conflicts emerge, by Taylor Chase, Wisconsin Watch

Federalism & Separation of Powers

Judge says motion to lift gay marriage stay moot, by Associated Press, Wisconsin Law Journal

Free Speech & Election Law

Anything But Mickey Mouse: Legal Issues in the 2012 Wisconsin Gubernatorial Recall, by Steven M. Biskupic, Biskupic & Jacobs S.C., Mequon, Marquette Law Review

State judge allows GAB to black out response to Doe suit, by Patrick Marley, Milwaukee Journal Sentinel

The place of secrecy within "Wisconsin's Tradition of Clean and Open Government." by Ann Althouse, Madison

Labor & Employment Law

Federal Contractor Section 503 and VEVRAA Compliance Solution, by Carmen N. Couden, Milwaukee, Daniel A. Kaplan, Madison, Jeffrey S. Kopp, Detroit, and Mark J. Neuberger, Miami, Foley & Lardner LLP

Professional Responsibility & Legal Education

An interview with Judge Richard A. Posner, by Joel Cohen, ABA Journal

Recognition and Volition: Remembering the Retirement of Justice Gabriel Duvall, Opening Remarks by Ross E. Davies, Journal of Law

Religious Liberties

Two Things You Must Know About the Hobby Lobby Decision, by Rick Esenberg, Right Wisconsin

Thursday, July 17, 2014

Wisconsin Federalinks Thur July 17th

Milwaukee Chapter events: Today Jeremy Rabkin (more); July 23rd summer reception; August 19th F.H. Buckley;

Recent news and comment on law and policy:

Administrative Law & Regulation

Wisconsin elections board can keep records secret, by Associated Press, Wisconsin Law Journal, and
AG opinion means accountability board’s John Doe secrets are safe — for now, by M.D. Kittle, Wisconsin Reporter,
on Access to Investigative Records of the Government Accountability Board (OAG-03-14)

July 24, 2014 Meeting, Legislative Council Study Committee on the Review of Wisconsin Technical College System Funding and Governance

Criminal Law & Procedure

SCOW: State can’t use defendant’s incriminating statements made as part of on-going, State-initiated, plea negotiations, On Point, Wisconsin State Public Defender, on State v. Myrick, 2014 WI 55 (2012AP2513-CR)

Supreme Court Upholds New Law: Hearsay Okay at Preliminary Hearings, by Joe Forward, WisBar News, on State v. O’Brien, 2014 WI 54 (2012AP1769-CR, 2012AP1770-CR, and 2012AP1863-CR) and 2011 Wisconsin Act 285

On Cruelty, by Judith Butler, review of The Death Penalty: Vol. I, by Jacques Derrida, translated by Peggy Kamuf, London Review of Books

Environmental Law & Property Rights

Chicken Restaurant Case Serves Up A Bucket of Sound Contract Principles for Commercial Leases, by Chris A. Jenny, Madison, William R. West, Milwaukee, and Megan L.W. Jerabek, Madison, von Briesen & Roper S.C., on Tufail v. Midwest Hospitality LLC, 2013 WI 62 (2011AP1451)

Changes in Property Condition Reports and Vacant Land Disclosure Reports, by Nancy Leary Haggerty, Michael Best & Friedrich LLP, Milwaukee

Wisconsin court: Hunters can train dogs on wolves, by Todd Richmond, Associated Press, Wisconsin Law Journal, on Wisconsin Federated Humane Societies Inc. v. Stepp, 2013AP902

Federalism & Separation of Powers

Wisconsin appeals ruling allowing gay marriages, by Scott Bauer, Associated Press, Wisconsin Law Journal

It's Not a Federal Question: 7th Circuit Sends Case Involving Affordable Care Act Funds Back to State Court, by Eric G. Pearson, Wisconsin Appellate Law, Foley & Lardner LLP, Milwaukee

Financial Services & E-Commerce

Financial Institutions Should Tread Cautiously — Whistleblower Protections Remain Plentiful and Strong, by James Kaplan, Chicago, and Judith Williams-Killackey, Milwaukee, Quarles & Brady LLP

Free Speech & Election Law

More John Doe Docs Released, Blagojovich's Appeal and Wheaton College, by Gabriella Khorasanee, 7th Circuit News and Information Blog

Intellectual Property

Patent Club Convergence Among Nations, article by Daniel Benoliel, Marquette Intellectual Property Law Review

Labor & Employment Law

US Supreme Court Review: Lane v. Franks, by Paul M. Secunda, Marquette University Law School Faculty Blog

Supreme Court Rejects "Presumption of Prudence" in Employer Stock Drop Cases, by Todd G. Smith, Godfrey & Kahn S.C., Madison, on Fifth Third Bancorp v. Dudenhoeffer (USSC 12-751)

U.S. Department of Labor Proposes Extending FMLA Benefits to Same-Sex Partners, by Colin Good, Hawks Quindel S.C., Madison

Religious Liberties

As a Practical Matter, What Does the Supreme Court’s Decision in the Hobby Lobby Case Mean to You? More Likely Than Not, Not Much, by Michael Mishlove, Gonzalez Saggio & Harlan LLP, Milwaukee

Telecommunications & Electronic Media

Technology at the Court: Riley and Aereo, by Joel Graczyk, Marquette University Law School Faculty Blog

Wednesday, July 16, 2014

Wisconsin Federalinks Wed July 16th

Milwaukee Chapter events: July 17th Jeremy Rabkin (more); July 23rd summer reception; August 19th F.H. Buckley;

Recent news and comment on law and policy:

Administrative Law & Regulation

July 23, 2014 Meeting, Legislative Council Study Committee on the Student Achievement Guarantee in Education (SAGE) Programs

Corporations, Securities & Antitrust

Facilities Siting: The Right Considerations Lead to the Right Choice, by Douglas S. Buck, Madison, and Michael W. Hatch, Milwaukee, Foley & Lardner LLP

Criminal Law & Procedure

Supreme Court upholds law allowing hearsay at preliminary exams in criminal cases, by Bruce Vielmetti, Proof and Hearsay, Milwaukee Journal Sentinel, and
SCOW rejects all constitutional challenges to new preliminary hearing hearsay rule, and rejects challenge to limitations on defense right to call and cross-examine witnesses at preliminary hearings, On Point, Wisconsin State Public Defender,
on State v. O’Brien, 2014 WI 54 (2012AP1769-CR, 2012AP1770-CR, and 2012AP1863-CR) and 2011 Wisconsin Act 285

Environmental Law & Property Rights

August 2014 - Book Reviews, review of EU Law and the Development of a Sustainable, Competitive and Secure Energy Policy: Opportunities and Shortcomings, by Bram Delvaux, Journal of Energy & Natural Resources Law

Federalism & Separation of Powers

Judge won’t speed up gay marriage stay decision, by Associated Press, Wisconsin Law Journal

Free Speech & Election Law

Judge orders probe documents unsealed, by Associated Press, Wisconsin Law Journal

Intellectual Property

Limelight v. Akamai: Limiting Induced Infringement, by Michael A. Carrier, Rutgers School of Law, WLR Online, on Limelight Networks, Inc. v. Akamai Technologies, Inc., 134 S. Ct. 2111 (2014)

Labor & Employment Law

Department of Labor Proposes Expanding FMLA for Same-Sex Spouses, by Marian Zapata-Rossa, Phoenix, and Mike Fischer, Milwaukee, Quarles & Brady LLP

Litigation

Bifurcation in the Wake of Comcast, by Gerald L. Maatman Jr., Chicago, and Gina R. Merrill, New York, Seyfarth Shaw LLP, Risk Monitor

Professional Responsibility & Legal Education

Those Pesky Clients- Part Deux, by Steve Crislip, DRI Blog

Tuesday, July 15, 2014

Wisconsin Federalinks Tue July 15th

Milwaukee Chapter events: July 17th Jeremy Rabkin (more); July 23rd summer reception; August 19th F.H. Buckley;

Recent news and comment on law and policy:

Administrative Law & Regulation

The First Clue to the IRS’ Position and the Tax Court’s Thoughts on Material Participation of a Trust for the 3.8% Net Investment Income Tax, by Joseph Maier, Cannon, Hollman, DeJong & Laing S.C., Milwaukee, on Aragona Trust v. Comm’r., 142 T.C. 9 (2014)

Exclusion Checks: Verifying That Employees and Vendors Are Not Excluded Providers, by Robert J. Heath, with John Kramp, Reinhart Boerner Van Deuren S.C., Milwaukee

Corporations, Securities & Antitrust

Regulatory Update: Municipal Advisor Rules Go into Effect on July 1, 2014, by Alexander P. Fraser and Anthony C. Marino, Michael Best & Friedrich LLP, Milwaukee

Criminal Law & Procedure

Judge’s factual findings weren’t clearly erroneous, despite officer’s equivocal testimony, On Point, Wisconsin State Public Defender, on City of Antigo v. Karlson, 2013AP2627

Drinking Hazards in Wisconsin, Carousel Bayrd interviews Julia Sherman, Coordinator of the Wisconsin Alcohol Policy Project, WORT, Madison (via University of Wisconsin Law School)

June 25, 2014 Meeting, Legislative Council Study Committee on Problem-Solving Courts, Alternatives, and Diversions

Free Speech & Election Law

Why Sen. Ron Johnson Is Suing Over Obamacare, by Rick Esenberg, Right Wisconsin

Labor & Employment Law

Fight for Rightful Wages, Moen Sheehan Meyer Ltd., La Crosse

Litigation

Holding a Plaintiff to His or Her Burden: Guidance from a recent Fourth Circuit opinion for challenging a whistleblower’s prima facie case, by B. Tyler Brooks and Meredith E. Woods, Millberg Gordon Stewart PLLC, Raliegh, DRI Featured Article

My Business Received a Negative Review: What Do I Do? by Andrew J. Clarkowski and Katie Shaw, Axley Brynelson LLP, Madison

Professional Responsibility & Legal Education

Milwaukee lawyer reprimanded for relationship with client he later married, by Bruce Vielmetti, Proof and Hearsay, Milwaukee Journal Sentinel, on Office of Lawyer Regulation v. Ruppelt, 2014 WI 53 (2012AP2341-D)

Why Do You Think They Call it Dope? by Tom Feher, Thompson Hine LLP, Cleveland, DRI Blog

Religious Liberties

Supreme Court Strikes Contraceptive Mandate for Certain Closely Held Corporations, by Marla Anderson, Chicago, and John Barlament, Alyssa Dowse, and Robert Rothacker, Milwaukee, Quarles & Brady LLP

Monday, July 14, 2014

Healthy Wisconsin plan

Former State Senator Joe Leean explained a proposed single-payer plan for Wisconsin in the Milwaukee Journal Sentinel, July 15, 2007.

Wisconsin Federalinks Mon July 14th

Milwaukee Chapter events: July 17th Jeremy Rabkin (more); July 23rd summer reception; August 19th F.H. Buckley;

Recent news and comment on law and policy:

Administrative Law & Regulation

Justices’ final thoughts on pro se rule reveal concerns, by Eric Heisig, Court Gestures, Wisconsin Law Journal, on Amendment to Supreme Court Rule 60.04 (13-14)

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

Corporations, Securities & Antitrust

Planning with LLCs under the New Florida Limited Liability Company Act, by Elizabeth Nowakowski and Joseph Masterson, Milwaukee, and Laura Holm and David Slenn, Naples, Florida, Quarles & Brady LLP

Buy-Sell Agreement: An Absolute Necessity, by Timothy D. Fenner, Axley Brynelson LLP, Madison

Criminal Law & Procedure

Failing to appear at TPR grounds hearing justified default judgment, On Point, Wisconsin State Public Defender, on State v. Rickey V., 2014AP334

Children need shields from adult courts, On the Defensive column by Anthony Cotton, Wisconsin Law Journal

Federalism & Separation of Powers

Counting Quorums, Letter to Jimmy Y T MA, Counsel to the Legislature, Hong Kong Special Administrative Region of the People's Republic of China, from Seth Barrett Tillman, Social Science Research Network

Financial Services & E-Commerce

Court of Appeals Sides with Bank in Online Hacking Case, by John T. Reichert and James A. Sheriff, Godfrey & Kahn S.C., Milwaukee, on Choice Escrow and Land Title LLC v. BancorpSouth Bank (8th Cir., 13-1879)

Labor & Employment Law

Most Recent Final ACA Rules Address 90-Day Waiting Period: Getting Your 'Orientation', by Bryan T. Symes, The Blue Ink, Ruder Ware L.L.S.C., Eau Claire

Minimum Wage Issue Spreading to the Private Sector, by Robert W. Mulcahy and Carlos R. Pastrana, Michael Best & Friedrich LLP, Milwaukee

Minnesota Employers' New Obligations Under the Women's Economic Security Act, by Judith Williams-Killackey and Pamela Ploor, Quarles & Brady LLP, Milwaukee

Unionizing Domestic Workers?: Harris v. Quinn Decided, with Samuel R. Bagenstos and Andrew Grossman, Practice Group Podcast, Federalist Society

Litigation

Advance eSheet June 30-July 3, 2014, Wisconsin Defense Counsel

This Day in Liberal Judicial Activism—July 15, by Ed Whelan, Bench Memos, National Review Online, includes Thomas v. Mallett, 2005 WI 129 (2003AP1528)

Professional Responsibility & Legal Education

Pending Complaints, Wisconsin Office of Lawyer Regulation

Messenger - Summer 2014, Milwaukee Bar Association

Sunday, July 13, 2014

Wisconsin appellate court week July 14-18, 2014

Supreme Court Accepts 12 New Cases, Including No Compete and Expunction Cases, WisBar News

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.

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

The Court of Appeals has no oral argument scheduled.

Friday, July 11, 2014

Wisconsin Federalinks Fri July 11th

Milwaukee Chapter events: July 17th Jeremy Rabkin (more); July 23rd summer reception; August 19th F.H. Buckley;

Recent news and comment on law and policy:

Administrative Law & Regulation

Is Administrative Law Unlawful? with Philip A. Hamburger and Adam J. White, Practice Group Podcast, Federalist Society

Criminal Law & Procedure

Comments posted on police department’s Facebook page weren’t “fighting words”, On Point, Wisconsin State Public Defender, on State v. Smith, 2013AP2516-CR

Federalism & Separation of Powers

Why Sen. Johnson is right, by Rick Esenberg, Shark and Shepherd

Intellectual Property

Likelihood of Destruction - Restructuring the Trademark Dilution by Blurring Factors in the Trademark Dilution Revision Act of 2006, comment by Derek A. Hawkins, Marquette Intellectual Property Law Review

Labor & Employment Law

Unionizing Domestic Workers?: Harris v. Quinn Decided, with Samuel R. Bagenstos and Andrew Grossman, Practice Group Podcast, Federalist Society

Litigation

This Day in Liberal Judicial Activism—July 14, by Ed Whelan, Bench Memos, National Review Online, includes Ferdon v. Wisconsin Patients Compensation Fund, 2005 WI 125 (2003AP988)

Professional Responsibility & Legal Education

The Lawyers were Here, by Sue Reisinger, Corporate Counsel

The Docket - July 2014, Eastern District of Wisconsin Bar Association

Religious Liberties

Hobby Lobby and McCullen v. Coakley: HHS Mandate and Abortion Clinic Buffer Zones, with Richard W. Garnett, Erik S. Jaffe, Michael P. Moreland, and Micah J. Schwartzman, Practice Group Podcast, Federalist Society

Religious liberty: not just about religion, by Joseph J. Shimek, Milwaukee Journal Sentinel

Thursday, July 10, 2014

Wisconsin Federalinks Thur July 10th

Milwaukee Chapter events: July 17th Jeremy Rabkin (more); July 23rd summer reception; August 19th F.H. Buckley;

Recent news and comment on law and policy:

Administrative Law & Regulation

Legislative Council Study Committee on the Review of Tax Incremental Financing, Meeting July 17, 2014

Corporations, Securities & Antitrust

Corporations are people? It’s a real legal concept, by Nancy Benac, Associated Press, Wisconsin Law Journal

Criminal Law & Procedure

Collateral attack on prior OWI failed to make prima facie showing, On Point, Wisconsin State Public Defender, on State v. Reggs, 2013AP2367-CR

US Supreme Court Review: Constitutional Criminal Cases, by Michael M. O'Hear, Marquette University Law School Faculty Blog

Environmental Law & Property Rights

EPA ‘win’ at high court could foretell future losses, by Brian Potts, Madison, and Louis Thorson, Milwaukee, Foley & Lardner LLP, Wisconsin Law Journal

Federalism & Separation of Powers

What Exactly Is the Status Of Those Same-Sex Marriages? by Rick Esenberg, Right Wisconsin

Recess Appointments Case Decided: NLRB v. Noel Canning, with Noel J. Francisco, Michael B. Rappaport, and Kristin E. Hickman, Practice Group Podcast, Federalist Society

Labor & Employment Law

U.S. Supreme Court Strikes Down Union Fee Rules, by Robert W. Mulcahy, Milwaukee, Brian P. Paul and Daniel A. Kaufman, Chicago, Michael Best & Friedrich LLP

Religious Liberties

Supreme Court Ruling Impacts Closely-Held Companies, by Scott E. Fiducci and Kelly S. Kuglitsch, Davis & Kuelthau S.C., Milwaukee

The Myths of Hobby Lobby, by Rick Esenberg, Shark and Shepherd

Wednesday, July 9, 2014

Jeremy Rabkin 'Back to the Jungle?' July 17, 2014

Jeremy Rabkin will speak on 'Back to the Jungle? What Remains of International Law' at a Noon luncheon Wednesday, July 17, 2014, at the Milwaukee Athletic Club, 758 North Broadway.

Mr. Rabkin is Professor of Law at the George Mason University School of Law, and a frequent contributor to Federalist Society publications. He previously spoke at our chapter's June 28, 2001 event.

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 July 14th. 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 July 9th

Milwaukee Chapter events: July 17th Jeremy Rabkin; July 23rd summer reception; August 19th F.H. Buckley;

Recent news and comment on law and policy:

Administrative Law & Regulation

It is Now EZier for Charities to File for Tax Exempt Status, by Melissa S. Kampmann, The Blue Ink, Ruder Ware L.L.S.C.

Telemedicine Services: Steps for Providers Seeking Reimbursement, by Tracey L. Klein and Nicole S. Rosen, Reinhart Boerner Van Deuren S.C., Milwaukee

Mission Impossible: Creating the Perfect Provider Compensation Plan, webcast with Lisa M. Gingerich, von Briesen & Roper S.C., Milwaukee

Chevron and the Hobby Lobby Decision, by Michael P. Waxman, Marquette University Law School Faculty Blog

Stealth Regulation: Addressing Agency Evasion of OIRA and the Administrative Procedure Act, by John D. Graham & James W. Broughel, Harvard Journal of Law & Public Policy: Federalist

Criminal Law & Procedure

Circuit court had jurisdiction to order revocation for refusal despite delay in filing notice of intent to revoke, On Point, Wisconsin State Public Defender, on Marquette County v. Wagenaar, 2013AP2454

US Supreme Court Review: Fourth Amendment Cases, by Michael M. O'Hear, Marquette University Law School Faculty Blog

Environmental Law & Property Rights

High-Capacity Well Permit Protections in Effect, by David A. Crass, Anna J. Wildeman, and Angela A. James, Michael Best & Friedrich LLP, Madison

Federalism & Separation of Powers

Often-split high court agrees on privacy matters, by Mark Sherman, Associated Press, Wisconsin Law Journal

Free Speech & Election Law

Senator’s Suit Over Obamacare Subsidy Fought by U.S., by Marie Rohde and Andrew Harris, Bloomberg Businessweek, on Johnson V. U.S. Office of Personnel Management, (E.D. Wis., 14-CV-9)

Intellectual Property

Property Rights in the Supreme Court: Limelight and Nautilus, with Aaron M. Panner and Thomas G. Saunders, Practice Group Podcast, Federalist Society

Labor & Employment Law

The latest Supreme Court decisions deal a blow to women and to organized labor, Sojourner Truth audio, Linda Greene, University of Wisconsin Law School, on Harris v. Quinn, USSC 11-681, and Burwell v. Hobby Lobby Stores, Inc., USSC 13-354 (via University of Wisconsin Law School)

Labor & Employment Update – July 2014, Boardman & Clark LLP, Madison

Litigation

The Evolution of Asbestos Litigation at Tulane, by Christopher J. Robinette, TortsProf Blog

Professional Responsibility & Legal Education

Milwaukee lawyer who stole from clients gets prison term, by Jason Silverstein, Milwaukee Journal Sentinel

Religious Liberties

Government: Ruling backs nonprofits’ birth control plan, by Associated Press, Wisconsin Law Journal

Protecting religious freedom — we've seen our Supreme Court, now let's look at The European Court of Human Rights, by Ann Althouse, Madison